BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 403|
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THIRD READING
Bill No: AB 403
Author: Campos (D), et al.
Amended: 7/12/11 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-0, 06/20/11
AYES: Simitian, Strickland, Hancock, Kehoe, Lowenthal
NO VOTE RECORDED: Blakeslee, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 05/26/11 - See last page for vote
SUBJECT : Public drinking water standards
SOURCE : Author
DIGEST : This bill specifies that the primary drinking
water standard for hexavalent chromium (chromium 6) is
included in the expedited Department of Finance regulatory
review process. This bill requires the 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.
ANALYSIS : Existing law:
1.Requires 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
CONTINUED
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the national primary drinking water standards adopted by
the United States Environmental Protection Agency (US
EPA).
2.Requires 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 significant risk to
health.
3.Requires DPH to report to the Legislature on its progress
in developing a primary drinking water standard for
chromium 6 by January 1, 2003.
4.Requires DPH to establish a primary drinking water
standard for chromium 6 on or before January 1, 2004.
Background
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 (mg/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
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established 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 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'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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/7/11)
California Municipal Utilities Association
City of Glendale Water and Power
East Bay Municipal Utility District
Environmental Working Group
Health Officers Association of California
Metropolitan Water District of Southern California
Pacific Water Quality Association
Santa Clara Board of Supervisors
Santa Clara Valley Water District
The Planning and Conservation League
OPPOSITION : (Verified 8/22/11 - per letter)
Department of Public Health
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ARGUMENTS IN SUPPORT : According to the author, "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."
ARGUMENTS IN OPPOSITION : The Department of Public Health
states, "AB 403 is unnecessary, as the date for
establishing the MCL is already in statute, and may expose
CDPH to liability. Current law already provides that the
process established for DOF ÝDepartment of Finance] review
covers 'any regulation that relates to the maximum
contaminant levels for primary or secondary drinking water
standards, as defined.' There is no need to explicitly
state that this includes an MCL for chromium-6. CDPH has
legal authority to enforce safe drinking water standards,
including establishing MCLs, by various means including
citations and compliance orders issued to persons owning or
operating public water systems."
ASSEMBLY FLOOR : 76-0, 05/26/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill,
Huber, Hueso, Huffman, Jeffries, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Cedillo, Davis, Gorell, Jones
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DLW:nl 8/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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