BILL NUMBER: AB 403 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 19, 2011
AMENDED IN ASSEMBLY APRIL 14, 2011
INTRODUCED BY Assembly Member Campos
FEBRUARY 14, 2011
An act to amend Section Sections 116365.01
and 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 of Finance to take specified actions
regarding the proposed drinking water standards not more than 90 days
from when the Department of Public Health submits them.
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 require the department to report to the
Legislature annually on the post its progress
and any delays caused by other agencies, as specified
subsequent to January 1, 2003, on the establishment of
the standard on the department's Internet Web site . The bill
would authorize the department to adopt
include the adoption of 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
among the proposed regulations relating to maximum
contaminant levels for primary or secondary water standards that are
subject to a review by the Department of Finance of not more than 90
days .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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.
SEC. 2. Section 116365.01 of the Health
and Safety Code is amended to read:
116365.01. (a) (1) Notwithstanding any other provision of law or
regulation, including Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2, and Part 3 (commencing with Section
13000) of the Government Code, and except as provided in subdivision
(b), for any proposed regulation that relates to the maximum
contaminant levels for primary or secondary drinking water standards,
as defined in subdivisions (c) and (d) of Section 116275,
including, but not limited to, a primary drinking water standard for
hexavalent chromium, that is submitted by the department to the
Office of Administrative Law for review, pursuant to Section 11349.1
of the Government Code, the Department of Finance shall take no
longer than 90 days, commencing on the date that the department
submits the rule or regulation to the Department of Finance, to do
any of the following:
(A) Review any estimate pursuant to subdivision (c) of Section
11357 of the Government Code.
(B) Provide a letter or documentation, if required, pursuant to
Section 11349.1 of the Government Code.
(C) Complete any other function in connection with the adoption of
proposed regulations that relates to the maximum contaminant levels
for primary or secondary drinking water standards, including,
but not limited to, a primary drinking water standard for hexavalent
chromium, as required pursuant to any provision of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(D) Return the proposed regulation if the department has not
prepared the estimate required by paragraph (6) of subdivision (a) of
Section 11346.5 of the Government Code, in accordance with Section
11357 of the Government Code.
(2) If the Department of Finance returns the proposed regulation
pursuant to subparagraph (D) of paragraph (1), an additional 90 day
time period under this section shall begin when the regulations are
resubmitted by the department to the Department of Finance.
(3) If the Department of Finance takes longer than 90 days to
complete any of the functions set forth in subparagraphs (A) to (D),
inclusive, of paragraph (1), the proposed regulations shall be exempt
from any provision of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code that requires
the involvement of the Department of Finance, and the department and
the Office of Administrative Law shall proceed with all other
applicable procedures in connection with the adoption of proposed
regulations.
(b) Subdivision (a) shall not apply to any regulation adopted by
the department that reduces, weakens, lessens, or otherwise
undermines any requirement established pursuant to this chapter for
the protection of public health.
SEC. 2. SEC. 3. 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 shall, on or
before January 1, 2004, establish 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 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. by January 1, 2003. The department shall
post a report on its progress subsequent to that date on its Internet
Web site.
(c) The department shall establish a primary drinking water
standard for hexavalent chromium on or before January 1, 2013.
(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.