BILL ANALYSIS AB 890 Page 1 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 Page 2 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 Page 3