BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 938|
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                                 THIRD READING


          Bill No:  AB 938
          Author:   V. Manuel Pérez (D)
          Amended:  8/23/11 in Senate
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  6-0, 6/27/11
          AYES:  Simitian, Blakeslee, Hancock, Kehoe, Lowenthal, 
            Pavley
          NO VOTE RECORDED:  Strickland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR :  53-26, 5/31/11 - See last page for vote


           SUBJECT  :    Public water systems

           SOURCE  :     California Rural Legal Assistance Foundation
                      Clean Water Action
                      Community Water Center
                      Environmental Justice Coalition for Water


           DIGEST  :    This bill requires the written public notice of 
          noncompliance with drinking water standards given by a 
          public water system to include information in English, 
          Spanish, and other languages spoken by the impacted 
          community, as specified. 

           ANALYSIS  :    California Code of Regulations (22 CCR Section 
          64465) currently requires each public notice for 
          noncompliance provided by a water system to contain 
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          information in Spanish about the importance of the notice, 
          or to contain contact information that Spanish speaking 
          residents may use to obtain a translated copy of the public 
          notice or other assistance in Spanish.  For each 
          non-English speaking group other than Spanish speaking that 
          exceeds 1,000 residents or 10 percent of the residents in 
          the community served, whichever is less, the public notice 
          must contain information in the appropriate language(s) 
          regarding the importance of the notice, or contain contact 
          information that such residents may use to obtain a 
          translated copy of the notice or assistance in the 
          appropriate language. 

          This bill seeks to expand upon these existing regulations 
          in order to better inform non-English speaking communities 
          about their drinking water quality. 

           Specifics of this bill
           
          1. Requires, commencing July 1, 2012, a public water 
             system's written public notice of noncompliance with 
             drinking water standards to: 

             A.    Be provided in English, Spanish, and in the 
                language spoken by any non-English-speaking group 
                that exceeds 10 percent of persons served by the 
                public water system.  It shall contain a telephone 
                number or address where residents may contact the 
                public water system for assistance.

             B.    Contain a telephone number or address where 
                residents may contact the public water system for 
                assistance. 

             C.    Contain information regarding the importance of 
                the notice and a telephone number or address where 
                the public water system will provide either a 
                translated copy of the notice or assistance in the 
                appropriate language for each non-English speaking 
                group that speaks a language other than Spanish and 
                that exceeds 1,000 residents or 10 percent of the 
                persons served by the public water system, whichever 
                is less. 


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             D.    Provide that, after July 1, 2012, it shall be 
                presumed that the public water system has determined 
                the appropriate languages for notification if the 
                public water system has made a reasonable attempt to 
                utilize the data available through the American 
                Community Survey of the United States Census Bureau 
                to identify the non-English speaking groups that 
                reside in a city, county, or city and county that 
                encompasses the service area of the public water 
                system.

             E.    Provide that, after July 1,2 012, it shall be 
                presumed that the notice has been correctly 
                translated if the public water system has made a 
                reasonable attempt to obtain either in-house or 
                contracted-for translation services for providing a 
                translated copy of the notice or assistance in the 
                appropriate languages and the translated copy of the 
                notice or assistance has been provided.

             F.    Provide that, after July 1, 2012, if the public 
                water system has made a reasonable attempt to have 
                the notice required by the above translated into 
                languages other than Spanish has been adequately 
                provided if it contains translations in the 
                appropriate languages of all of the following: 

                (1)      Identification of the contaminant.

                (2)      Information on the health effects associated 
                   with the presence of the contaminant in drinking 
                   water at a level in excess of the primary drinking 
                   water standard.

                (3)      Actions that members of the public should 
                   take to protect their health, such as, for 
                   example, "Do not drink" "Boil water before using," 
                   or "Stop boiling your water."

          2. Establishes, after July 1, 2012, a presumption of 
             compliance that the notice has been properly given, with 
             respect to the language of notification, if the public 
             water system utilized the data available through the 
             American Community Survey of the United States Census 

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             Bureau and the county registrar. 

          3. Authorizes and encourages the public water system to, in 
             addition to non-written notification provided for in the 
             public water system's emergency notification plan, 
             provide notice through foreign language media outlets. 

          4. States that nothing in the above shall require the 
             department to review or approve notices in any language 
             other than English.

          5. Adds environmental documentation to the list of costs to 
             be considered when determining affordability using 
             Department of Public Health criteria for Safe Drinking 
             Water State Revolving Fund funding. 

           Clarifying amendment  .  This bill corrects a drafting error 
          in AB 1438 (Conway), Chapter 531, Statutes of 2009, which 
          sets a limit, under the Safe Drinking Water State Revolving 
          Fund, of $500,000 for planning, engineering studies, 
          environmental documentation, and design of a single 
          project.  Current law also requires total funding for 
          planning, engineering studies, project design, and 
          construction costs, whether in the form of a loan or grant, 
          to be determined by an assessment of affordability using 
          criteria established by the Department of Public Health.  
          AB 1438 (Conway) failed to include "environmental 
          documentation" in the affordability assessment requirement. 
           This bill corrects this oversight. 

           Comments  

          According to the author, "Public notification to residents 
          regarding contaminated drinking water is necessary to 
          prevent illness and disease and protect public health.  
          When a public water system sends a public notification only 
          in English to non-English speakers, the risks to public 
          health persist.  If public notices are not provided in the 
          language spoken by the impacted community, residents may 
          not know that the water in their homes is unsafe and what 
          precautions are necessary to protect the health and safety 
          of their family."

          The author believes that "AB 938 addresses an urgent 

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          problem in some California communities where the water is 
          not safe to drink yet customers are receiving notifications 
          that they do not understand. All Californians have the 
          right to know when it is not safe to drink their water."

          The author notes that this bill also "makes clarifying 
          amendments to the Safe Drinking Water State Revolving Fund 
          language to correct an oversight in the law related to the 
          list of costs to be determined in affordability assessments 
          for awards from the Fund."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/23/11)

          California Rural Legal Assistance Foundation (co-source)
          Clean Water Action (co-source)
          Community Water Center (co-source)
          Environmental Justice Coalition for Water (co-source)
          Asian Americans for Civil Rights & Equality
          Asociacion de Gente Unida por el AGUA
          California League of Conservation Voters
          California Pan-Ethnic Health Network
          California Resources Recovery Association
          Catholic Charities Diocese of Stockton
          Coachella Valley Water District
          Committee for a Better Seville
          Environmental Working Group
          Food and Water Watch
          Having Our Say
          Indian Canyon Nation
          International Brotherhood of Electrical Workers, Local 569
          Mexican American Legal Defense and Education Fund
          Natural Resources Defense Council
          Neighbors United (Vecinos Unidos Committee)
          Planning and Conservation League
          Southern California Watershed Alliance
          The Utility Reform Network
          Unitarian Universalist Legislative Ministry Action 
          Urban Semillas
          Winnemem Wintu Tribe
          Women's International League for Peace and Freedom


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           ARGUMENTS IN SUPPORT  :    According to one of the bill's 
          sponsors, the California Rural Legal Assistance Foundation, 
          "Water providers are currently required to know the 
          language of their customer.  AB 938 is addressing an urgent 
          problem in some water systems where proper notification is 
          not given to residents when their water is not safe to 
          drink.  It is important that ALL Californians have the 
          Right-To-Know when it is not safe to drink their water.  AB 
          938 only applies to serious drinking water violations.  
          Most water systems do not have these violations, because 
          they provide safe drinking water."


           ASSEMBLY FLOOR  :  53-26, 5/31/11
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, 
            Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall, 
            Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, 
            Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, 
            Pan, Perea, V. Manuel Pérez, Portantino, Skinner, 
            Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NOES:  Achadjian, Conway, Cook, Donnelly, Fletcher, Beth 
            Gaines, Garrick, Grove, Hagman, Halderman, Harkey, 
            Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, 
            Wagner
          NO VOTE RECORDED:  Gorell


          DLW:mw  8/23/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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