BILL ANALYSIS Ó AB 1194 Page 1 Date of Hearing: May 11, 2011 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 1194 (Block) - As Introduced: February 18, 2011 Policy Committee: HealthVote:17 - 0 E.S.T.M. 9 - 0 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill makes changes to the California Safe Drinking Water Act (SDWA) in order to conform to federal law. Specifically, this bill: 1)Revises the definition of "human consumption" to include cooking, which includes preparing food and washing dishes. 2)Exempts, from regulation, public water systems that sell water to users through a submetered distribution system if the water supply is obtained from a public water system under certain limited circumstances. 3)Repeals existing law that requires the Department of Public Health (DPH) to exempt noncommunity water systems that meet specified criteria from water quality requirements. 4)Revises penalty provisions, including authorizing DPH to levy a penalty of up to a $1,000 per day per violation against public water systems that are in violation of drinking water standards, regulations, permits, citations or orders. FISCAL EFFECT 1)There are no significant costs associated with this legislation. However, DPH could possibly see an increase in revenue due to an increase in the maximum limits DPH can assess for administrative penalties. 2)Failure to conform California's safe drinking water laws to AB 1194 Page 2 federal law could result in a loss of over $100 million in federal Environmental Protection Agency (EPA) funding. COMMENTS 1)Rationale . This bill, sponsored by DPH, is intended to conform the state's drinking water laws to federal laws and regulations. According to the author, as a state with federally delegated authority (referred to as a primacy state), California's laws and regulations must conform to the federal Safe Drinking Water Act (SDWA) and be no less stringent than federal safe drinking water regulations. The author states that EPA could reduce or withhold DPH's funding for implementing a drinking water primacy program and for public water system infrastructure improvements, which would hinder systems' ability to provide safe drinking water. The author further states that a loss of funding would hinder DPH's ability to carry out its regulatory activities through the DWP. Analysis Prepared by : Julie Salley-Gray / APPR. / (916) 319-2081