BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 890
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2009-2010 Regular Session
                                           
           BILL NO:    AB 890
           AUTHOR:     John A. Perez
           AMENDED:    July 1, 2009
           FISCAL:     Yes               HEARING DATE:     July 6, 2009
           URGENCY:    No                CONSULTANT:       Rachel Machi
                                                           Wagoner   
            SUBJECT  :    CITY OF MAYWOOD: DRINKING WATER

            SUMMARY  :    
           
            Existing law  , under the California Safe Drinking Water Act: 

           1)Requires every public water system to notify users when  
             certain monitoring or other requirements have not been  
             complied with; to notify customers when failure to comply  
             with a primary drinking water standard represents an  
             imminent danger; to notify customers that they should avoid  
             consumption of the water supply due to a chemical  
             contamination that may pose a health risk and to instead use  
             bottled water; to notify consumers of confirmation of  
             detected contaminants; and to annually deliver a copy of the  
             consumer confidence report to each customer.

           2)Requires a person operating a public water system to notify  
             the governing body of the local agency in which the users of  
             a drinking water supply reside, 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.

           3)Requires public waster systems to be permitted by the  
             Department of Public Health (DPH) and demonstrate that they  
             provide a reliable and adequate supply of water at all times  
             that is pure, wholesome, potable, and does not endanger the  
             health of consumers.
            
           This bill  :

           1)States various findings and intent concerning manganese and  









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             the effects of manganese on the residents of the City of  
             Maywood.

           2)Requires the public water systems serving the City of  
             Maywood to conduct, publish and distribute a study on the  
             source of manganese in the water serving the City of Maywood  
             and actions that can be taken to improvement the water to a  
             level consistent with surrounding communities.

           3)Requires the city council of Maywood to conduct a public  
             hearing concerning the results of the study.

           4)Requires the public water systems to respond to comments  
             from the hearing in writing.

           5)Requires the public water systems to notify the residents of  
             the City of Maywood regarding contaminants in their water.

            COMMENTS  :

            1)Purpose of Bill  .  According to the author, the City of  
             Maywood is a lower-income community in the south-east of Los  
             Angeles.  For years, the residents have complained about the  
             quality of the water they are delivered by the three mutual  
             water companies that service the city.  Water coming  
             directly from the tap is discolored (ranging from light  
             yellow to a rusty opaque brown), foul smelling and bad  
             tasting, forcing residents to assume the additional  
             financial burden of purchasing bottled water for drinking  
             and cooking.  The condition of the water is most likely due  
             to the dilapidated state of the infrastructure maintained by  
             the water suppliers.

           The author asserts that the three mutual water companies who  
             deliver water to the City of Maywood have been unresponsive  
             to the needs of the residents.  Maywood is in the unique  
             position of having more than 70 percent of its residents  
             renting, rather than owning, their home.  This leaves the  
             residents with no formal mechanism for exercising oversight  
             either directly as shareholders or ratepayers of the water  
             companies, nor indirectly through their local elected  
             officials, who also lack formal oversight or jurisdiction  
             over the water companies.  This has left the residents of  









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             Maywood with no option other than to seek a legislative  
             correction to the unique situation in which they now find  
             themselves. 

           The mutual water companies have acknowledged in a letter to  
             the Assembly Environmental Safety and Toxic Materials  
             Committee that the water they deliver may be "off-colored"  
             but that any discoloration was merely "an aesthetic issue"  
             and that the discoloration clears up after the water is  
             allowed to run for a few minutes.  The water companies have  
             repeatedly advised the residents that the problem is in the  
             pipes within the homes; many residents who have gone through  
             the very expensive and inconvenient process of repiping  
             their entire house to find that the problem was not  
             corrected.  The residents of Maywood have been poorly served  
             by water suppliers who are unresponsive to the needs of  
             their customers, and have turned down many past  
             opportunities for assistance in procuring outside funding to  
             clean up their water.

             The author believes that AB 890 will empower the City of  
             Maywood to investigate whether it is being adequately served  
             by their water suppliers and, if not, allows the City the  
             opportunity to develop an alternative that will meet the  
             needs of Maywood's residents.

            2)Arguments in Support  .  According supporters, Maywood is by  
             all measures a disadvantaged community.  It is densely  
             populated with over 30,000 residents living within one  
             square mile in the industrial heart of South East Los  
             Angeles County.  Maywood residents consistently receive  
             substandard water and service from the three water companies  
             that service the area.  For over a decade, the Maywood  
             residents have received foul smelling, brown and black water  
             due to the high levels of manganese in the groundwater.   
             Supporters state that Maywood residents have to resort to  
             bottled water to meet their drinking water needs and pay two  
             separate water bills:  one for the water out of the tap and  
             the second for the bottled water that they have to purchase  
             to drink and use.  According to DPH, manganese has been  
             detected in two of the water systems as high as 130 ppb and  
             260 ppb, respectively, the secondary maximum contaminant  
             load is set at 50 ppb.  While manganese is not a primary  









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             drinking water contaminant, manganese still renders  
             Maywood's water undrinkable.

            3)Arguments in Opposition  .  The three Maywood Mutual Water  
             Companies acknowledge that they have infrastructure needs  
             and are working on how to replace old and under sized water  
             mains.  They assert that those improvements will be done as  
             money becomes available or when opportunity presents itself  
             to do so.  They argue that they conduct required testing and  
             meet all primary water health standards of the federal and  
             state safe drinking water health codes and acts.  The water  
             companies state that the rusty water is an aesthetic issue,  
             not a health issue and will not cause sickness of any kind.   
             They assert that in order to make the requested  
             improvements, they would need to raise rates, creating a  
             financial burden for the families that live in Maywood, who  
             should not have to pay for something that will not make a  
             big improvement in the quality of the water they receive.

            SOURCE  :        City of Maywood 
            
            SUPPORT  :       California League of Conservation Voters  
                          Clean Water Action
                          Comite Civico Del Valle
                          Communities for a Better Environment
                          East Yard Communities
                          Environmental Justice Coalition for Water
                          Planning and Conservation League
                          
            OPPOSITION  :    The Maywood Mutual Water Systems