BILL ANALYSIS Ó
AB 403
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 403
AUTHOR: Campos
AMENDED: May 19, 2011
FISCAL: Yes HEARING DATE: June 20, 2011
URGENCY: No CONSULTANT:
Rachel Machi Wagoner
SUBJECT : PUBLIC DRINKING WATER STANDARDS: HEXAVALENT
CHROMIUM
SUMMARY :
Existing law , under the California Safe Drinking Water Act:
1) Requires the State Department of Public Health (DPH) to
regulate contaminants in public water supplies by adopting
two types of drinking water standards:
a) Primary drinking water standards regulating
contaminants that adversely affect public health by
establishing a maximum contaminant level (MCL) for each
contaminant.
b) Secondary drinking water standards regulating
contaminants that affect the taste, odor or appearance
of drinking water to a degree that causes substantial
numbers of persons to stop using the water, that
affects its potability or that otherwise adversely
affects public welfare.
1) Requires DPH to establish a primary drinking water
standard for chromium 6 on or before January 1, 2004, and
to report to the Legislature on its progress in developing
a primary drinking water standard for chromium 6 by
January 1, 2003.
2) Requires state agencies to attach a letter or other
documentation from the Department of Finance (DOF) that
states that DOF has approved a request by the agency that
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funds be included in the Budget Bill for the following
budget year and/or an augmentation of the agency's current
year budget for any cost mandated by the regulations.
3) Provides that DOF shall not take more than 90 days to
review and respond to an agency with its letter or
documentation for any proposed regulation that relates to
the maximum contaminant levels for primary or secondary
drinking water standards.
This bill :
1) Requires DPH to post its progress in establishing a
primary drinking water standard for chromium 6 subsequent
to January 1, 2003, on the establishment of the standard
on DPH's Internet Web site.
2) Specifies 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 in not more than 90
days.
COMMENTS :
1) Purpose of 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." The author states
that 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.
2) MCL Process . The MCL is established by a two-step risk
assessment/risk management process:
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In the risk assessment step, the State Office of
Environmental Health Hazard Assessment (OEHHA) in CalEPA
evaluates the risk to public health posed by the
contaminant and, based on the results of the risk
assessment, establishes a public health goal (PHG). The
PHG is the level at which the contaminant will not pose a
significant risk of either acute or chronic effects to
human health. In determining the PHG for a contaminant,
OEHHA is allowed to consider only health-related data. A
PHG is not an enforceable regulatory number; rather it is
the health-related number that is used to determine the
regulatory MCL.
In the risk management step, DPH adopts the MCL. The MCL
must be set as close to the PHG as is "feasible," and, in
order to determine feasibility, DPH evaluates the water
treatment technologies that are available to reduce
concentrations of the contaminant and the costs of using
those technologies. After weighing the public health
considerations of allowing concentrations of the
contaminant in public water supplies that are above the
PHG against the cost of reducing the concentration, DPH
strikes a balance, determines a level that is the
"feasible level," and adopts the MCL. The MCL is an
enforceable standard and represents the highest
concentration of the contaminant that may be present in
public water supplies.
3) 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.
4) 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. 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 micrograms per liter (?g/L).
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5) 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 a drinking water standard, or MCL,
for total chromium expressly to address exposure to
chromium 6.
SB 351 (Ortiz) Chapter 607, Statutes of 2001, requires DPH
to adopt an MCL for chromium 6 by January 1, 2004. 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.
OEHHA's initial draft PHG for chromium 6 of 0.06 mg/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 mg/L for public comment. The public comment period
closed on February 15, 2011. OEHHA is currently
evaluating all the comments received and will revise the
PHG 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.
SOURCE : Assemblymember Campos
SUPPORT : City of Glendale Water & Power
Health Officers Association of California
Environmental Working Group
Metropolitan Water District of Southern
California
Pacific Water Quality Association
Santa Clara County Board of Supervisors
Santa Clara Valley Water District
Soquel Creek Water District
Water Quality Association
OPPOSITION : None on file
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