BILL ANALYSIS                                                                                                                                                                                                    

           AB 2515
                                                                 Page 1

          AB 2515 (V. Manuel Perez)
          As Amended  August 2, 2010
          2/3 vote.  Urgency
          |ASSEMBLY:  |77-0 |(June 1, 2010)  |SENATE: |36-0 |(August 23,    |
          |           |     |                |        |     |2010)          |
           Original Committee Reference:    E.S. & T.M.  

          SUMMARY  :  Provides an expedited process for the Department of  
          Public Health (DPH) to establish criteria for the use of  
          point-of-use (POU) water treatment devices and authorizes the  
          DPH to award grants for point-of-entry (POE) and POU treatment  
          systems, provided that the water system serves a severely  
          disadvantaged community and that the grant meets other existing  

           The Senate amendments  add the following provisions:  
          1)Authorize DPH to award grants for POE and POU treatment  
            systems, provided that the water system serves a severely  
            disadvantaged community and that the grant meets other  
            existing requirements.

          2)Specify that any systems purchased with grant funds that have  
            remaining useful life at the completion of the project shall  
            be provided for use in other projects. 

          3)Add an urgency measure allowing this bill to take effect  
            immediately upon enactment.

           EXISTING LAW  establishes the Drinking Water Program within DPH  
          to regulate public drinking water systems and establishes the  
          Safe Drinking Water State Revolving Fund (Revolving Fund) to  
          provide grants and loans for the design and construction of  
          public water system projects.  The Revolving Fund is supported  
          by federal funds and repayment of previous loans.  
          AB 1540 (Assembly Health Committee), Chapter 298, Statutes of  
          2009, updated California drinking water laws to maintain  
          California's federally designated authority to implement a  


           AB 2515
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          drinking water program that conforms to the federal Safe  
          Drinking Water Act (SDWA).  The SDWA allows a public water  
          system to use point-of-use devices for water treatments to meet  
          drinking water standards.  AB 1540 allows POU and POE devices  
          under California law.

          AS PASSED BY THE ASSEMBLY  , this bill:  

          1)Made legislative findings concerning arsenic contamination of  
            drinking water in the southeastern Coachella Valley of  
            Riverside County.

          2)Provided that the DPH may adopt criteria governing the use of  
            POU water treatment devices in public water systems.  The POU  
            criteria established by the DPH would be exempt from the  
            Administrative Procedure Acts and would be in effect until  
            January 1, 2014, or until formal POU regulations have been  
            adopted by DPH.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, the development of emergency regulations by the DPH  
          can be accommodated within existing resources dedicated to the  
          development of the permanent regulations.  In addition, DPH  
          indicates that any costs for grant making can be accommodated  
          within the existing grant program.

          The bill authorizes grants for additional water system projects,  
          thereby putting cost pressures on existing funds.  The amount of  
          the cost pressure will depend on the demand for POE and POU  
          waster treatment systems and is unknown.

           COMMENTS  :  According to the author, "This bill is attempting to  
          address the drinking water needs of residents in the Eastern  
          Coachella Valley whose primary drinking water source is  
          contaminated with arsenic.  Specifically, numerous small,  
          unincorporated communities in the Eastern Coachella Valley lack  
          drinking and waste-water treatment infrastructure.  Most of the  
          people who reside in this region are low-income and live in  
          mobile home parks that rely on private, ground water wells as  
          their primary source of potable water.  Point-of-use and  
          point-of-entry treatment may be appropriate alternatives to  
          centralized treatment of contaminated ground water; however, the  
          regulations governing point-of-use and point-of-treatment have  


           AB 2515
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          not been developed, thereby prohibiting their implementation."

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