BILL ANALYSIS Ó AB 1194 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1194 (Block) As Amended August 18, 2011 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 19, 2011) |SENATE: |38-0 |(August 30, | | | | | | |2011) | ----------------------------------------------------------------- Original Committee Reference: HEALTH SUMMARY : Makes a number of changes to the Calderon-Sher Safe Drinking Water Act to conform it to federal law. The Senate amendments make technical, nonsubstantive changes. AS PASSED BY THE ASSEMBLY , this bill was substantially similar to the bill as passed by the Senate. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : 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. Should California's laws or regulations fail to conform with the federal laws and regulations, California could lose state primacy, which would result in the loss of up to $132 million annually from the federal Environmental Protection Agency (EPA). The author states that EPA could reduce or withhold the Department of Public Health's (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 Drinking Water Program (DWP). The EPA delegates its authority to California to implement a drinking water program, which is administered by DPH. To retain this authority, California's statute and regulations related to drinking water must conform to and be no less stringent than the federal SDWA and federal regulations. AB 1194 Page 2 According to the DWP, two Field Operations Branches (FOBs) are responsible for the enforcement of the federal and California SDWAs and the regulatory oversight of approximately 7,500 public water systems to assure the delivery of safe drinking water to all Californians. The FOBs perform field inspections, issue operating permits, review plans and specifications for new facilities, take enforcement actions for non-compliance with laws and regulations, review water quality monitoring results, and support and promote water system security. In addition, FOB staff are involved in funding infrastructure improvements, conducting source water assessments, evaluating projects utilizing recycled treated wastewater, and promoting and assisting public water systems in drought preparation and water conservation. FOB staff work with the federal EPA, the State Water Resources Control Board, Regional Water Quality Control Boards, and other parties interested in the protection of drinking water supplies. On the local level, FOB staff work with county health departments, planning departments, and boards of supervisors. Primacy has been delegated by DPH to certain county health departments for regulatory oversight of small water systems, and FOB staff provide oversight, technical assistance, and training for the local primacy agency personnel. Analysis Prepared by : Melanie Moreno / HEALTH / (916) 319-2097 FN: 0002079