BILL ANALYSIS AB 890 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 890 (John A. Perez) As Amended July 1, 2009 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-1 |(June 2, 2009) |SENATE: |31-3 |(August 31, | | | | | | |2009) | ----------------------------------------------------------------- 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 Page 3 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