BILL NUMBER: AB 403	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2011

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 14, 2011

   An act to amend Section 116365.5 of the Health and Safety Code,
relating to drinking water standards.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 403, as amended, Campos. Public drinking water standards:
hexavalent chromium.
   The Calderon-Sher Safe Drinking Water Act of 1996 requires the
State Department of Public Health to, among other things, adopt
regulations relating to primary and secondary drinking water
standards for contaminants in drinking water. Existing law requires
the department to establish a primary drinking water standard for
hexavalent chromium on or before January 1, 2004.  Existing law
requires the department to report to the Legislature on the progress
in developing a primary drinking water standard for hexavalent
chromium by January 1, 2003.  Violation of certain provisions
relating to public water systems is a crime.
   This bill would require the department to establish a primary
drinking water standard for hexavalent chromium on or before January
1, 2013, and would  , if a standard is not adopted by that
date, make the public health goal set by the Office of Environmental
Health Hazard Assessment as of January 1, 2011, the applicable
standard. By expanding the definition of a crime, this bill would
impose a state-mandated local program   require the
department to report to the Legislature annually on the progress and
any delays caused by other agencies, as specified. The bill would
authorize the department to adopt a primary drinking water standard
for hexavalent chromium without a required report or review from
another state agency after 90 days from the date the department
requests the report or review and would require the delaying state
agency to report the reason for the delay to the Legislature  .

   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Chapter 602 of the 2001-02 Regular Session (Senate Bill 351)
required the State Department of Public Health to adopt a primary
drinking water standard for hexavalent chromium. As of 2011, this has
not yet occurred.  
   (b) Hexavalent chromium is recognized as a human carcinogen. Thus,
it is vital that the state take swift action to limit exposure and
protect public health. 
   SECTION 1.   SEC. 2.   Section 116365.5
of the Health and Safety Code is amended to read:
   116365.5.  (a)  The State Department of Public Health shall
commence the process for adopting a primary drinking water standard
for hexavalent chromium that complies with the criteria established
under Section 116365.
   (b)  The department shall report to the Legislature on its
progress in developing a primary drinking standard for hexavalent
chromium  by January 1, 2003.   annually, and
shall report any delays caused by other agencies, including, but not
limited to, the Department of Finance exceeding the 90-day
requirement imposed   pursuant to Section 116365.01. 
   (c)  The department shall establish a primary drinking water
standard for hexavalent chromium on or before January 1, 2013.

   (d) If the department does not adopt a primary drinking water
standard for hexavalent chromium as required by subdivision (c)
before January 1, 2013, then the standard shall be the public health
goal set by the Office of Environmental Health Hazard Assessment as
of January 1, 2011.  
   (d) If a state agency that is required by law to review or report
before a primary drinking water standard for hexavalent chromium is
adopted by the department has not done so within 90 days of the
department making the request, the department may adopt the primary
drinking water standard for hexavalent chromium without the required
review or report.  
   (e) A state agency that has not remitted a review or report within
90 days, as required by subdivision (c) or Section 116365.01, shall
report to the Legislature explaining the delay.  
  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.