BILL NUMBER: AB 890	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 23, 2009

INTRODUCED BY   Assembly Member John A. Perez

                        FEBRUARY 26, 2009

   An act to add Chapter 4.1 (commencing with Section 116755) to Part
12 of Division 104 of the Health and Safety Code, relating to the
City of Maywood.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 890, as amended, John A. Perez. City of Maywood: drinking
water.
   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, upon a request by a
majority of the Maywood City Council, to determine whether a public
water system serving residents within the city's jurisdiction
possesses the adequate financial, managerial, and technical
capability to ensure the delivery of safe, wholesome, and potable
drinking water and, if the department finds that the public water
system does not meet this requirement, to take specified actions.
 It would, however, provide that the department shall undertake
its duties under the bill only to the extent that   the
department receives payment from the city to cover all the costs.

   The bill would make legislative findings and declarations,
including findings and declarations concerning the need for special
legislation.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  California law requires that, in order to be issued a
permit to supply drinking water, a public water system must
demonstrate adequate financial, managerial, and technical capability
to deliver safe, wholesome, and potable drinking water to the
community. It is the intent of the Legislature to provide the
government of the City of Maywood with appropriate powers necessary
to ensure safe, wholesome, and potable drinking water for its
residents.
  SEC. 2.  Chapter 4.1 (commencing with Section 116755) is added to
Part 12 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 4.1.  THE CITY OF MAYWOOD SAFE DRINKING WATER ACT


   116755.  (a) This chapter shall be known, and may be cited, as the
City of Maywood Safe Drinking Water Act.
   (b) For the purpose of this section, "city" means the City of
Maywood.
   (c) The department shall, upon a request made by a majority of the
city council, review permits issued to public water systems serving
the residents within the city's jurisdiction to consider whether the
public water system possesses the adequate financial, managerial, and
technical capability to ensure the delivery of safe, wholesome, and
potable drinking water.
   (d) If the department determines that the public water system does
not possess adequate financial, managerial, and technical capability
to ensure the delivery of pure, wholesome, and potable drinking
water, the department shall impose conditions on the public water
system leading to the ability of the water system to meet the
requirements of this section. The department shall require the public
water system to comply with the conditions within a specified period
of time. If the public water system does not agree to the conditions
or fails to meet the requirements established, the department shall
revoke the public water system's permit.
   (e) A public water system found, through the review process
required by this section, not to meet the requirements for holding a
permit shall have 30 days to appeal the department's finding, and
shall not be required to adopt the conditions required pursuant to
subdivision (d) until the appeal process has been concluded. Upon
receipt of an appeal, the department shall review the appeal and
determine whether the public water system has demonstrated to the
satisfaction of the department and the city that it possesses the
requisite financial, managerial, and technical capability to deliver
safe, wholesome, and potable drinking water.
   (f) The department shall develop and adopt necessary regulations
to enforce this section. 
    (g) The department shall undertake the actions in subdivisions
(c) to (f), inclusive, only to the extent that payment is received
from the city to cover all incurred costs. 
  SEC. 3.  The Legislature finds and declares that this act, which is
applicable only to the City of Maywood and the public water
suppliers that supply drinking water to that city, is necessary
because of the poor taste, color, and odor associated with the
drinking water being provided to that city. It is, therefore,
declared that a general law within the meaning of Section 16 of
Article IV of the California Constitution cannot be made applicable
and that the enactment of this special law is necessary for the
public good.