BILL NUMBER: AB 2583 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2010
AMENDED IN ASSEMBLY APRIL 7, 2010
INTRODUCED BY Assembly Member Hall
FEBRUARY 19, 2010
An act to add Section 13003 to the Water Code, relating
to water quality. An act to add Section 25536.6 to the
Health and Safety Code, relating to hazardous substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2583, as amended, Hall. Water quality: treatment
chemicals. Water treatment: hazardous materials.
(1) Existing law provides for the California accidental release
prevention (CalARP)program for the prevention of accidental releases
of regulated substances, which requires the owner or operator of a
stationary source to prepare a risk management plan (RMP) when
required under certain federal regulations or if the administering
agency determines there is a significant likelihood of a regulated
substance accident risk. Existing law requires the Office of
Emergency Services and local administrating agencies to implement
CalARP, and certain violations of CalARP are crimes. Existing law
creates the California Emergency Management Agency (Cal EMA) as the
successor agency to the Office of Emergency Services.
This bill would require Cal EMA, by January 1, 2013, to adopt
regulations to require a public water system or wastewater treatment
plant that is a stationary source and is required to prepare and
submit an RMP to additionally consider the use of safer technologies
by the public water system or wastewater treatment plant in that RMP.
Because a violation of CalARP is a crime, the bill would impose a
state-mandated local program by creating a new crime.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law declares that activities and factors that may affect
the quality of the waters of the state shall be regulated to attain
the highest water quality that is reasonable, considering all demands
being made and to be made on those waters and the total values
involved, beneficial and detrimental, economic and social, tangible
and intangible.
This bill would require water agencies, as defined, and their
direct suppliers, in order to mitigate the potential catastrophic
harm involved in the unintended and intentional releases of hazardous
substances that are in transit, to utilize raw material chemical
products derived from safer technology, as defined, if the products
derived from safer technology are appropriate, given the disinfection
methodology used by the water agency, and commercially available
without being materially cost prohibitive to the water utilities or
rate payers. The bill would provide that this requirement applies to
water agencies operating potable water treatment facilities,
nonpotable water treatment facilities, or both.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25536.6 is added to the
Health and Safety Code , to read:
25536.6. (a) For purposes of this section, the following
definitions shall apply:
(1) "Cal EMA" means the California Emergency Management Agency.
(2) "Public water system" has the same meaning as defined in
Section 116275.
(3) "Safer technology" means a technology, product, raw material,
or practice, the use of which, as compared to currently used
technologies, products, raw materials, or practices, significantly
reduces or eliminates both of the following:
(A) The possibility of release of hazardous or potentially
hazardous raw materials used for purposes of water treatment.
(B) The hazards to public health and safety and the environment
associated with the release or potential release of hazardous or
potentially hazardous raw materials used for purposes of water
treatment.
(4) "Wastewater treatment plant" has the same meaning as defined
in Section 13625 of the Water Code.
(b) On or before January 1, 2013, Cal EMA, in consultation with
the administering agencies, local water agencies, the public, and
interested parties, shall adopt regulations to require a public water
system or wastewater treatment plant that is a stationary source and
that is required to prepare and submit an RMP pursuant to this
article to additionally consider the use of safer technologies by the
public water system or wastewater treatment plant, in accordance
with all of the following:
(1) The operator of the public water system or wastewater
treatment plant shall, as part of the RMP, identify those process
modifications needed to mitigate the potential catastrophic harm from
the unintended and intentional releases of hazardous substances when
transported for use as raw materials by the public water system or
wastewater treatment plant and its direct suppliers.
(2) The RMP shall require the public water system or wastewater
treatment plant to utilize raw material chemical products derived
from safer technology if the products derived from safer technology
are appropriate, given the disinfection methodology used by the
public water system or wastewater treatment plant, are commercially
available, and are chosen based on a comparison of the safety and
environmental effects of the alternatives.
(3) The comparison made pursuant to paragraph (2) shall take into
consideration, to the extent feasible, raw materials acquisition,
production, manufacturing, packaging, distribution, reuse, operation,
maintenance, disposal, energy efficiency, product performance,
durability, safety, the needs of the purchaser, and cost.
(c) The regulations adopted pursuant to this section shall not
require the acquisition of goods or services that do not perform
adequately for their intended use, exclude adequate competition, or
are not available at a reasonable price in a reasonable period of
time.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 13003 is added to the Water
Code, to read:
13003. (a) Water agencies, as defined in Section 12970, and their
direct suppliers, in order to mitigate the potential catastrophic
harm involved in the unintended and intentional releases of hazardous
substances as they are transported for use as raw materials by the
water agencies and their direct suppliers, shall utilize raw material
chemical products derived from safer technology if the products
derived from safer technology are appropriate given the disinfection
methodology used by the water agency, and are commercially available
without being materially cost prohibitive to the water utilities or
rate payers.
(b) This section applies to water agencies operating potable water
treatment facilities, nonpotable water treatment facilities, or
both.
(c) As used in this section, "safer technology" means a
technology, product, raw material, or practice, the use of which, as
compared to currently used technologies, products, raw materials, or
practices, significantly reduces or eliminates both of the following:
(1) The possibility of release of hazardous or potentially
hazardous raw materials used for purposes of water treatment.
(2) The hazards to public health and safety and the environment
associated with the release or potential release of hazardous or
potentially hazardous raw materials used for purposes of water
treatment.