BILL ANALYSIS Ó
AB 403
Page 1
ASSEMBLY THIRD READING
AB 403 (Campos)
As Amended May 19, 2011
Majority vote
ENVIRONMENTAL SAFETY 9-0
APPROPRIATIONS 17-0
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|Ayes:|Wieckowski, Miller, |Ayes:|Fuentes, Harkey, |
| |Campos, Chesbro, Davis, | |Blumenfield, Bradford, |
| |Feuer, | |Charles Calderon, Campos, |
| |Bonnie Lowenthal, | |Davis, Donnelly, Gatto, |
| |Morrell, | |Hall, Hill, Lara, |
| |Valadao | |Mitchell, Nielsen, Smyth, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Specifies that the primary drinking water standard for
hexavalent chromium (chromium 6) is included in the expedited
Department of Finance regulatory review process. Requires the
California Department of Public Health (DPH) to post a report on
its progress on developing a drinking water standard for
chromium 6 on its Internet Web site.
EXISTING LAW requires:
1)DPH to adopt primary drinking water standards for contaminants
in drinking water that are based upon specified criteria and
that are not less stringent than the national primary drinking
water standards adopted by the United States Environmental
Protection Agency (US EPA).
2)Each primary drinking water standard adopted by DPH to be set
at a level that is as close as feasible to the corresponding
public health goal (PHG), published by the Office of
Environmental Health Hazard Assessment (OEHHA), placing
primary emphasis on the protection of public health, and that,
to the extent technologically and economically feasible, meets
specified public health requirements. Requires the PHG to
contain an estimate of the level of the contaminant in
drinking water that is not anticipated to cause or contribute
to adverse health effects, or that does not pose any
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significant risk to health.
3)DPH to report to the Legislature on its progress in developing
a primary drinking water standard for chromium 6 by January 1,
2003.
4)DPH to establish a primary drinking water standard for
chromium 6 on or before January 1, 2004.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible state costs, if any.
COMMENTS :
Need for this bill . The author argues that, "In 2001, Senator
Ortiz introduced SB 351, Chapter 602, which required DPH to
adopt a primary drinking water standard for hexavalent chromium
by January 1, 2004. However, DPH never complied due to the lack
of a Public Health Goal. DPH is tasked to provide a Maximum
Contaminant Level (MCL) based primarily on the Public Health
Goal and other regulatory and feasibility processes. This bill
will simply ensure that DPH complies in a timely manner and sets
a standard that has been long overdue in order to ensure our
communities are provided with drinking water that is safe and
meets stringent requirements."
Health effects of chromium 6 exposure . According to OEHHA,
chromium 6 is a heavy metal that is commonly found at low levels
in drinking water. Chromium 6 is known to be a potent
carcinogen when inhaled. It was recently found to also cause
cancer in laboratory mice and rats that were exposed through
drinking water.
Prevalence of chromium 6 in California . According to the
Environmental Working Group, in California, chromium 6 was
detected in 2,208 out of the more than 7,000 tap water systems
analyzed as of 2008 (DPH 2009). These tests could only detect
chromium 6 down to 1 part per billion (PPB), which is
significantly higher than the current proposed public health
goal of 0.02 micro grams per liter (?g/L).
Current status of the chromium 6 maximum contaminant level
(MCL) . California has long recognized the public health risks
of exposure to chromium 6. In 1977, California established
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a drinking water standard, or MCL, for total chromium expressly
to address exposure to chromium 6.
Health and Safety Code (HSC) Section 116365(a) requires DPH to
establish an MCL at a level as close as is technically and
economically feasible to the contaminant's PHG. In March 2001,
the Department of Health Services, DPH's predecessor agency,
requested that OEHHA prepare a PHG for chromium 6 in preparation
for a MCL on chromium 6 alone. SB 351 (Ortiz), Chapter 607,
Statutes of 2001, requires DPH to adopt an MCL for chromium 6 by
January 1, 2004 (HSC Section 116365.5).
OEHHA's initial draft PHG for chromium 6 of 0.06 ?g/L was
released in August 2009. In December 2010, OEHHA, after
consideration of early-in-life exposures for cancer potency,
released a revised draft PHG of chromium 6 of 0.02 ?g/L for
public comment. The public comment period closed on February
15, 2011. OEHHA's Web site states, "OEHHA will evaluate all the
comments received and revise the document as appropriate. The
final document will be posted on the OEHHA web site along with
responses to the major comments received during the public
review and scientific comment periods."
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0000744