BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 890
                                                                  Page 1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 890 (John A. Perez)
          As Amended  July 1, 2009
          Majority vote
           
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          |ASSEMBLY:  |76-1 |(June 2, 2009)  |SENATE: |31-3 |(August 31,    |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:   E.S. & T. M.  

           SUMMARY  :  Provides for a review of the public water systems  
          (PWSs) in the City of Maywood for manganese contamination.

           The Senate amendments  delete the Assembly version of the bill,  
          and instead:

          1)State various findings and intent concerning manganese and the  
            effects of manganese on the residents of the City of Maywood.

          2)Require 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)Require the city council of Maywood to conduct a public  
            hearing concerning the results of the study.

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

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

           EXISTING LAW , under the California Safe Drinking Water Act,  
          requires  
           
          1)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  








                                                                  AB 890
                                                                  Page 2

            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)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)PWSs 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.

           AS PASSED BY THE ASSEMBLY  , this bill provided for a review of  
          the PWSs in the City of Maywood.  The City of Maywood, upon a  
          vote of the city council, may request a review by the DPH on  
          whether the PWSs that provides water to the residents of Maywood  
          possess the adequate financial, managerial, and technical  
          capacity to provide safe, wholesome, and potable drinking water.  
           In the event the PWS system fails to meet the conditions  
          establish by the DPH, then the DPH shall revoke its permit to  
          operate.

           FISCAL EFFECT  :  Unknown cost to the City of Maywood.  The bill  
          provides that no State reimbursement is required for costs  
          incurred by the City of Maywood.

           COMMENTS  : 

          1)According to the City of Maywood, the sponsor of this bill,  
            "The City of Maywood's water is provided directly by three  
            Mutual Water Companies, although the water originates from the  
            Metropolitan Water District.  For years, residents have  
            complained about the color, taste and smell of their drinking  
            water."

          2)The author of the bill reports that, "Often water coming out  
            of the tap will be malodorous and have the color of iced tea.   
            Regardless of whether the water violates drinking water  
            standards, the cosmetic problems make the water undrinkable  
            and force the residents of the community to purchase bottled  
            water."








                                                                  AB 890
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          3)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 re-piping their entire  
            house to find that the problem was not corrected.  

          4)According to DPH, manganese has been detected in two of the  
            water systems as high as 130 parts per billion (ppb) and 260  
            ppb, respectively; the secondary maximum contaminant load is  
            set at 50 ppb.  While manganese is not a primary drinking  
            water contaminant, manganese still renders Maywood's water  
            undrinkable.

           
          Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916)  
          319-3965 

                                                               FN:  0002160