BILL NUMBER: SB 1029 CHAPTERED 10/14/07 CHAPTER 725 FILED WITH SECRETARY OF STATE OCTOBER 14, 2007 APPROVED BY GOVERNOR OCTOBER 14, 2007 PASSED THE SENATE SEPTEMBER 10, 2007 PASSED THE ASSEMBLY SEPTEMBER 6, 2007 AMENDED IN ASSEMBLY SEPTEMBER 4, 2007 AMENDED IN ASSEMBLY JULY 17, 2007 AMENDED IN SENATE MAY 23, 2007 AMENDED IN SENATE MAY 1, 2007 AMENDED IN SENATE APRIL 9, 2007 INTRODUCED BY Senator Ducheny FEBRUARY 23, 2007 An act to add Sections 116365.01 and 116365.02 to the Health and Safety Code, relating to drinking water standards. LEGISLATIVE COUNSEL'S DIGEST SB 1029, Ducheny. Drinking water standards. Existing law, the Administrative Procedure Act, contains various provisions governing the conduct of administrative adjudication and rulemaking proceedings of state agencies. The act requires, among other things, an agency seeking to adopt regulations to submit to the Office of Administrative Law, in addition to its proposed regulations, a file that includes certain information, including a financial estimate, prepared in accordance with instructions adopted by the Department of Finance and authorizes the department to review any estimate created pursuant to these instructions. Existing law, the Calderon-Sher Safe Drinking Water Act of 1996, requires the State Department of Public Health to, among other things, adopt regulations relating to primary and secondary drinking water standards for contaminants in drinking water, which are based upon specified criteria. This bill would require the Department of Finance, notwithstanding any other provision of law, to take no longer than 90 days, from the date of submission or resubmission of a rule or regulation by the State Department of Public Health to the Department of Finance, to complete its documentation or estimate review, if required, in connection with any proposed regulation that is submitted by the department to the office in relation to the maximum contaminant levels for primary or secondary drinking water standards subject to certain limitations. This bill would also permit the State Department of Public Health to adopt specified federal rules and regulations other than those relating to the maximum contaminant level of primary or secondary drinking water standards, in accordance with specified procedures. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares that it is essential for the protection of public health that primary and secondary drinking water standards, as defined in subdivisions (c) and (d) of Section 116275 of the Health and Safety Code, adopted by the State Department of Public Health become effective and enforceable, and are implemented by public water systems, by the earliest feasible date after their adoption. SEC. 2. Section 116365.01 is added to the Health and Safety Code, immediately following Section 116365, to read: 116365.01. (a) (1) Notwithstanding any other provision of law or regulation, including Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, and Part 3 (commencing with Section 13000) of the Government Code, and except as provided in subdivision (b), for any proposed regulation that relates to the maximum contaminant levels for primary or secondary drinking water standards, as defined in subdivisions (c) and (d) of Section 116275, that is submitted by the department to the Office of Administrative Law for review, pursuant to Section 11349.1 of the Government Code, the Department of Finance shall take no longer than 90 days, commencing on the date that the department submits the rule or regulation to the Department of Finance, to do any of the following: (A) Review any estimate pursuant to subdivision (c) of Section 11357 of the Government Code. (B) Provide a letter or documentation, if required, pursuant to Section 11349.1 of the Government Code. (C) Complete any other function in connection with the adoption of proposed regulations that relates to the maximum contaminant levels for primary or secondary drinking water standards, as required pursuant to any provision of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (D) Return the proposed regulation if the department has not prepared the estimate required by paragraph (6) of subdivision (a) of Section 11346.5 of the Government Code, in accordance with Section 11357 of the Government Code. (2) If the Department of Finance returns the proposed regulation pursuant to subparagraph (D) of paragraph (1), an additional 90 day time period under this section shall begin when the regulations are resubmitted by the department to the Department of Finance. (3) If the Department of Finance takes longer than 90 days to complete any of the functions set forth in subparagraphs (A) to (D), inclusive, of paragraph (1), the proposed regulations shall be exempt from any provision of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code that requires the involvement of the Department of Finance, and the department and the Office of Administrative Law shall proceed with all other applicable procedures in connection with the adoption of proposed regulations. (b) Subdivision (a) shall not apply to any regulation adopted by the department that reduces, weakens, lessens, or otherwise undermines any requirement established pursuant to this chapter for the protection of public health. SEC. 3. Section 116365.02 is added to the Health and Safety Code, to read: 116365.02. (a) The department may adopt, pursuant to subdivision (c) of Section 11346.2 of the Government Code, any rules and regulations promulgated pursuant to the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.), other than those federal rules and regulations that establish maximum contaminant levels for primary and secondary drinking water standards. (b) Rules and regulations adopted pursuant to this subdivision shall not be subject to subparagraphs (C) and (D) of paragraph (3) of subdivision (d) of Section 11349.1 of the Government Code.