BILL ANALYSIS Ó
AB 403
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Date of Hearing: May 18, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 403 (Campos) - As Amended: April 14, 2011
Policy Committee: Environmental
Safety and Toxic Materials Vote: 9-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
As proposed to be amended, this bill declares that if the
Department of Public Health's (DPH) proposed regulation to
establish a hexavalent six drinking water standard is required
to be reviewed by the Department of Finance and Finance takes
longer than 90 days to complete the review, then DPH and the
Office of Administrative Law (OAL) shall proceed with actions
required in the adoption of the proposed regulation.
FISCAL EFFECT
Negligible state costs, if any.
COMMENTS
1)Rationale. The author contends this bill will ensure DPH
complies with its existing legal obligation to adopt a
drinking water standard for hexavalent chromium.
2)Background.
a) State Regulation of Drinking Water. Two state
entities-the Office of Environmental Health Hazard
Assessment (OEHHA) and DPH-are responsible for assuring
that the state's drinking water is safe, pure, and potable.
i) OEHHA scientifically assesses the risks to human
health posed by contaminants that may be found in the
state's public drinking water systems and are regulated
or proposed to be regulated under DPH's safe drinking
AB 403
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water regulatory program. Based on that scientific
assessment, OEHHA adopts contaminant-specific goals,
known as PHGs (public health goals), that specify, based
solely on public health considerations, the maximum
levels of concentration at which various contaminants can
be found in drinking water without adversely affecting
human health.
ii) DPH manages the risk to human health identified in
OEHHA's PHGs (which are advisory) by setting primary
drinking water standards (also known as "maximum
contaminant levels" or "MCLs"). Statute requires DPH to
set its MCL for each regulated contaminant as close as is
technologically and economically feasible to the
corresponding PHG. In this way, OEHHA's PHGs form the
scientific basis of DPH's regulation of drinking water to
ensure public health and safety: MCLs specify the maximum
level of each contaminant allowable in the state's public
drinking water systems regulated by DPH.
b) Statute Requires DPH to Adopt Standard for Hexavalent
Chromium. According to OEHHA, hexavalent chromium, also
known as chromium six, is a heavy metal commonly found at
low levels in drinking water. It can occur naturally but
can also enter drinking water sources by historic leaks
from industrial plant hazardous waste sites. Other sources
also contribute to the amount of hexavalent chromium in
groundwater. The policy committee analysis notes that
chromium six is a potent carcinogen, when inhaled. It was
recently found to also cause cancer in laboratory mice and
rats that were exposed through drinking water.
SB 351 (Ortiz, Chapter 602, Statutes of 2001) requires the
State Department of Health Services (DPH's predecessor) to
adopt a primary drinking water standard for hexavalent
chromium by January 1, 2004, and requires a report on the
progress of developing the standard to the Legislature by
January 1, 2004. To date, OEHHA has released only a draft
PHG for hexavalent chromium; without a final PHG, DPH
cannot adopt its drinking water standard.
Some stakeholders believe OEHHA will adopt a final PHG for
hexavalent chromium later this year; however, OEHHA could
not confirm this rumor.
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3)Amendments Seek to Simplify Bill. As passed by the policy
committee, this bill would have extended to 2013 the date by
which DPH is required to pass its drinking water standard for
hexavalent chromium, required DPH to report to the Legislature
on delays, and dismissed required review of the proposed
standard by any other state agency if the agency had not done
so within 90 days of DPH's request for review. The author has
submitted proposed amendments that maintain the original 2003
due date for the standard and waive the required review of the
proposed standard by Finance if Finance takes longer than 90
days to complete the review.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081