BILL NUMBER: AB 2515 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 29, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member V. Manuel Perez
FEBRUARY 19, 2010
An act to add Section 116336 to amend
Section 116380 of the Health and Safety Code, relating to
drinking water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2515, as amended, V. Manuel Perez. Local government:
environmental health departments.
Existing law authorizes local government agencies, in conjunction
with other public entities, to organize and operate local public
health services within their jurisdictional areas. These services may
include implementing projects and policies pertaining to water
conservation and water quality.
Existing law, the California Safe Drinking Water Act, provides for
the operation of public drinking water systems, and requires the
State Department of Public Health to adopt regulations for these
purposes, as prescribed. Under existing law, regulations adopted by
the department are required to include requirements governing the use
of point-of-entry and point-of-use treatment by public water systems
in lieu of centralized treatment, where feasible.
This bill would authorize the department to develop criteria
governing the permitted use of point-of-use treatment by public water
systems in lieu of centralized treatment, as specified, and to
utilize these criteria until the earlier of January 1, 2014, or the
effective date of the required regulations.
This bill would make findings and declarations relating to the
groundwater contamination in the Coachella Valley. The bill
would, until the department develops point-of-entry and point-of-use
regulations as specified, allow the local environmental health
department of Riverside County to authorize the use of point-of-entry
or point-of-use treatment for community water systems serving
residents of that county that are experiencing arsenic contamination
at a level that exceeds the level allowed by the department's primary
drinking water standards.
This bill would make legislative findings and declarations as to
the necessity of a special statute for Riverside County.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares both of the
following:
(a) The arsenic contamination groundwater problem in the
southeastern Coachella Valley in Riverside County is largely
naturally occurring and is getting progressively worse.
(b) There are many limitations to providing the small,
unincorporated communities in the Coachella Valley access to safe
drinking water.
SEC. 2. Section 116336 is added to the Health
and Safety Code, to read:
116336. In addition to other actions allowed or required by this
chapter and until the department develops point-of-entry and
point-of-use regulations pursuant to Section 116380, the local
environmental health department of Riverside County may authorize the
use of point-of-entry or point-of-use treatment for community water
systems serving residents of that county that are experiencing
arsenic contamination at a level that exceeds the level allowed by
the department's primary drinking water standards.
SEC. 3. The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique conditions affecting
the safety of the drinking water in Riverside County.
SEC. 2. Section 116380 of the Health
and Safety Code is amended to read:
116380. (a) In addition to the requirements
set forth in Section 116375, the regulations adopted by the
department pursuant to Section 116375 shall include requirements
governing the use of point-of-entry and point-of-use treatment by
public water systems in lieu of centralized treatment where it can be
demonstrated that centralized treatment is not immediately
economically feasible, limited to the following:
(a)
(1) Water systems with less than 200 service
connections.
(b)
(2) Usage allowed under the federal Safe Drinking Water
Act and its implementing regulations and guidance.
(c)
(3) Water systems that have submitted preapplications
with the State Department of Public Health for funding to correct the
violations for which the point-of-use treatment is provided.
(b) The department may develop criteria governing the permitted
use of point-of-use treatment by public water systems in lieu of
centralized treatment. These criteria shall not be subject to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code) and
shall be subject to the following limitations:
(1) The department may utilize these criteria until the earlier of
January 1, 2014, or the effective date of regulations adopted
pursuant to this section.
(2) The department shall publish the criteria on its Internet Web
site and shall provide the opportunity for public review and comment,
including at least one public hearing conducted upon no fewer than
20 days' notice.
(3) The criteria shall incorporate the limitations described in
paragraphs (1) to (3), inclusive, of subdivision (a).
(4) The criteria shall incorporate the public hearing required
under Section 116552.