BILL NUMBER: AB 403 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 12, 2011
AMENDED IN ASSEMBLY MAY 19, 2011
AMENDED IN ASSEMBLY APRIL 14, 2011
INTRODUCED BY Assembly Member Campos
( Principal coauthor: Senator
Alquist )
FEBRUARY 14, 2011
An act to amend 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 post its progress
subsequent to January 1, 2003, on the establishment of the standard
on the department's Internet Web site. The bill would include the
adoption of a primary drinking water standard for hexavalent chromium
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
Statutes of 2001 (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. 3. Section 116365.5 of the Health and Safety Code is amended
to read:
116365.5. (a) The State Department of Public Health 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 by January 1, 2003. The department shall post a report on
its progress subsequent to that date on its Internet Web site.