BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 890
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          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                AB 890 (John A. Perez) - As Amended:  April 23, 2009 

          Policy Committee:                              Environmental  
          Safety       Vote:                            7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the Department of Public Health (DPH), upon  
          request of the City of Maywood City Council, to review permits  
          issued to public water systems serving the residents of the city  
          to consider whether the public water system possesses adequate  
          financial, managerial, and technical capability to ensure the  
          delivery of safe, wholesome, and potable drinking water.  The  
          bill also requires DPH to develop regulations needed to enforce  
          the provisions of this bill.

           FISCAL EFFECT  

          Approximately $250,000 (GF) in 2009-10 and 2010-11 respectively,  
          to develop regulations, review permits and make determinations,  
          and enforce compliance. 

           COMMENTS  

           1)Rationale.   According to the author, the City of Maywood  
            suffers from tap water that is light brown, foul tasting and  
            noxious.  To avoid this unappealing water, many residents  
            purchase bottled water.  The author contends this bill will  
            allow the city's government to assure residents that the  
            city's water supply is safe, wholesome, and potable, in  
            keeping with state law. 

           2)State Regulation of Drinking Water.   Two state entities-the  
            Office of Environmental Health Hazard Assessment (OEHHA) and  
            DPH-are responsible for assuring that the state's drinking  
            water is safe, pure, and potable. 









                                                                  AB 890
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              a)   OEHHA  scientifically assesses the risks to human health  
               posed by contaminants that may be found in the state's  
               public drinking water systems and are regulated or proposed  
               to be regulated under DPH's safe drinking water regulatory  
               program.  Based on that scientific assessment, OEHHA adopts  
               contaminant-specific goals, known as PHGs, that specify,  
               based solely on public health considerations, the maximum  
               levels of concentration at which various contaminants can  
               be found in drinking water without adversely affecting  
               human health. 

              b)   DPH  manages the risk to human health identified in  
               OEHHA's PHGs (which are advisory) by setting primary  
               drinking water standards (also known as "maximum  
               contaminant levels" or "MCLs"). Statute requires DPH to set  
               its MCL for each regulated contaminant as close as is  
               technologically and economically feasible to the  
               corresponding PHG. In this way, OEHHA's PHGs form the  
               scientific basis of DPH's regulation of drinking water to  
               ensure public health and safety: MCLs specify the maximum  
               level of each contaminant allowable in the state's public  
               drinking water systems regulated by DPH.

           3)Public drinking water systems (PDWS)  , which can be either  
            publicly or privately owned, are those systems that regularly  
            supply drinking water to at least 25 people or 15 service  
            connections. In California, there are over 7,000 public  
            drinking water systems, each of which is regulated and  
            permitted by DPH. These systems include both groundwater  
            systems and surface water systems and supply drinking water to  
            the majority of Californians.  

             Existing law requires DPH to permit a PWDS that demonstrates  
            it can provide a reliable and adequate supply of water at all  
            times that is pure, wholesome, potable, and does not endanger  
            the health of consumers.  A PWDS must notify users of  
            contaminants found in water supplies, of certain failures in  
            water quality and water quality monitoring, and of other  
            imminent dangers to public health.  A PWDS must also notify  
            the governing body of the local agency within 30 days of the  
            closure of a well or upon discovery of a contaminant exceeding  
            a maximum contaminant level or an action level set for  
            drinking water.
           
          Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081 








                                                                  AB 890
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