AB 434, as introduced, Eduardo Garcia. Drinking water: point-of-entry and point-of-use treatment.
Existing law, the California Safe Drinking Water Act, imposes on the State Water Resources Control Board various responsibilities and duties, which were previously imposed on the State Department of Public Health, relating to providing a dependable, safe supply of drinking water. Existing law required the department to adopt regulations to implement the California Safe Drinking Water Act, and to enforce provisions of the federal Safe Drinking Water Act, including requirements governing the use of point-of-entry and point-of-use treatment in lieu of centralized treatment where it can be demonstrated that centralized treatment is not immediately economically feasible. Existing law required the department to adopt emergency regulations governing the permitted use of point-of-entry and point-of-use treatment by public water systems in lieu of centralized treatment. Those emergency regulations became inoperative on January 1, 2014.
This bill would specifically make the emergency regulations adopted by the department before January 1, 2014, operative and would require that the emergency regulations remain in effect until repealed or amended by the State Water Resources Control Board. The bill would authorize the State Water Resources Control Board to award a grant for point-of-entry and point-of-use treatment, in lieu of centralized treatment, by a public water system that meets certain requirements.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 116380 of the Health and Safety Code
2 is amended to read:
(a) In addition to the requirements set forth in Section
4116375, the regulations adopted by the department pursuant to
5Section 116375 shall include requirements governing the use of
6point-of-entry and point-of-use treatment by public water systems
7in lieu of centralized treatment where it can be demonstrated that
8centralized treatment is not immediately economically feasible,
9limited to the following:
10(1) Water systems with less than 200 service connections.
11(2) Usage allowed under the federal Safe Drinking Water Act
12and its implementing regulations and guidance.
13(3) Water systems that have submitted preapplications with the
14State
Department of Public Health for funding to correct the
15violations for which the point-of-entry and point-of-use treatment
16is provided.
17(b) The department shall adopt emergency regulations governing
18the permitted use of point-of-entry and point-of-use treatment by
19public water systems in lieu of centralized treatment.
20(1) The emergency regulations shall comply with Section
21116552, and shall comply with all of the requirements set forth in
22subdivision (a) applicable to nonemergency regulations, but shall
23not be subject to the rulemaking provisions of the Administrative
24Procedure Act (Chapter 3.5 (commencing with Section 11340) of
25Part 1 of Division 3 of Title 2 of the Government Code). The
26emergency regulations shall take effect when filed with the
27Secretary of State, and shall be published in the California Code
28of Regulations.
29(2) The emergency regulations adopted pursuant to this
30subdivision shall remain in effect until the earlier of January 1,
P3 12014, or the effective date of regulations adopted pursuant to
2subdivision (a).
3(2) Notwithstanding Section 11346.1 of the Government Code,
4the emergency regulations adopted pursuant to this subdivision
5by the State Department of Public Health that became inoperative
6on January 1, 2014, shall become operative on the same date as
7the act which added this paragraph and shall remain in effect until
8repealed or amended by the State Water Resources Control Board.
Section 116761.25 is added to the Health and Safety
10Code, to read:
(a) The State Water Resources Control Board may
12award a grant for point-of-entry and point-of-use treatment, in lieu
13of centralized treatment, by a public water system meeting the
14requirements of subdivision (b) of Section 116380 and regulations
15adopted pursuant to that subdivision, for the full cost of the project,
16if that system serves a severely disadvantaged community, as
17defined in Section 13476 of the Water Code.
18(b) The grant shall specify that equipment purchased under the
19grant with remaining useful life after completion of the project
20shall be provided for use in other projects meeting the requirements
21of subdivision (b) of Section 116380 and regulations adopted
22pursuant to that subdivision, and equipment purchased under the
23grant
with no useful life after completion of the project shall be
24disposed of in accordance with state and federal requirements, as
25determined by the State Water Resources Control Board.
This act is an urgency statute necessary for the
27immediate preservation of the public peace, health, or safety within
28the meaning of Article IV of the Constitution and shall go into
29immediate effect. The facts constituting the necessity are:
30In order to ensure the quality of drinking water relating to
31point-of-entry and point-of-use treatment, at the earliest possible
32time, it is necessary that this act take effect immediately.
O
99