BILL ANALYSIS                                                                                                                                                                                                    

                                                               AB 2515

                        Senator S. Joseph Simitian, Chairman
                              2009-2010 Regular Session
           BILL NO:    AB 2515
           AUTHOR:     V.M. Perez
           AMENDED:    April 29, 2010
           FISCAL:     Yes               HEARING DATE:     June 28, 2010
           URGENCY:    No                CONSULTANT:       Randy Pestor

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

           1) Requires regulations adopted under the Act 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 it can be demonstrated that  
              centralized treatment is not immediately economically  
              feasible and is limited to:  a) less than 200 service  
              connections, b) use allowed under the Act's implementing  
              regulations, and c) water systems that have submitted  
              preapplications with the Department of Public Health (DPH)  
              for funding to correct the violations for which the  
              point-of-use treatment is provided.  (Health and Safety  
              Code 116380).

           2) Prohibits DPH from issuing a permit to a public water  
              system or amending a valid existing permit allowing the use  
              of point-of-use treatment unless DPH determines, after  
              conducting a public hearing in the community served by the  
              public water system, that there is no substantial community  
              opposition to installation of point-of-use treatment  
              devices.  Issuance of a permit allowing point-of-use  
              treatment must be limited to not more than three years or  
              until funding for centralized treatment is available,  
              whichever occurs first.  (116552).

            This bill  :

           1) Authorizes DPH to develop criteria that is not subject to  


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              the Administrative Procedure Act governing point-of-use  
              treatment by a public water system, in lieu of centralized  
              treatment, with the following requirements:  a) DPH may use  
              this criteria until the earlier of January 1, 2014, or the  
              effective date of regulations point-of-use regulations,  
              whichever is earlier; b) DPH must publish criteria on its  
              Internet website and must provide opportunity for public  
              review and comment; c) criteria must comply with the three  
              requirements under current law (#1 above); and d) criteria  
              must incorporate the public hearing requirement of 116552  
              (i.e., other provisions of 116552 relating to community  
              opposition to the devices and the term of the permit would  
              not apply).

           2) Contains legislative intent relating to groundwater  
              contamination and access to safe drinking water in the  
              Coachella Valley (Riverside County).

            COMMENTS  :

            1) Purpose of Bill  .  Assemblymember V.M Perez indicates that  
              numerous mobilehome park residents in East Coachella Valley  
              contacted his office regarding serious drinking water  
              contamination and public health concerns, as well as issues  
              relating to the cost of purchasing bottled water for  
              drinking and cooking.  The author notes that AB 1540  
              (Committee on Health) Chapter 298, Statutes of 2009,  
              requires DPH regulations to include requirements governing  
              the use of point-of-entry and point-of-use treatment by  
              public water systems in lieu of centralized treatment, but  
              that DPH indicates these regulations will take at least  
              three years to complete.

            2) Background  .  AB 1540 (Committee on Health) Chapter 298,  
              Statutes of 2009, added requirements for DPH regulations to  
              include requirements governing point-of-use treatment.   
              Previously, this provision referred only to point-of-entry  
              treatment.  AB 1540 set various conditions for these  
              requirements (see above).  AB 2515, on the other hand,  
              allows criteria, rather than regulations, to be developed  
              by DPH, and does not include some of the requirements  
              contained in AB 1540, such as the requirement to consider  


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              opposition to point-of-use treatment and the three-year  
              permit limit.

            3) Responding to concerns - clarification needed  .  Due to  
              DPH's schedule for adopting point-of-use regulations, and  
              the need for regulations to address drinking water problems  
              in Coachella Valley, amendments are needed:  a) requiring  
              DPH to adopt emergency regulations (rather than developing  
              criteria) that comply with Health and Safety Code 116380  
              and 116552 and are in effect until the earlier of January  
              1, 2014, or the effective date of the non-emergency  
              regulations; b) exempting these emergency regulations from  
              the Administrative Procedure Act (given DPH concern about  
              the time involved in adopting emergency regulations and the  
              three-year effective term of the emergency regulations  
              under AB 2515); c) clarifying legislative intent relating  
              to Coachella Valley conditions; and d) adding an urgency  

            SOURCE  :        California Rural Legal Assistance Foundation,  
                          Poder Popular of the Coachella Valley  

           SUPPORT  :       None on file  

           OPPOSITION  :    None on file