BILL ANALYSIS AB 2515 SENATE COMMITTEE ON ENVIRONMENTAL QUALITY 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 SUBJECT : SAFE DRINKING WATER ACT 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 AB 2515 Page 2 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 AB 2515 Page 3 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 clause. SOURCE : California Rural Legal Assistance Foundation, Poder Popular of the Coachella Valley SUPPORT : None on file OPPOSITION : None on file