BILL NUMBER: AB 434	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eduardo Garcia

                        FEBRUARY 19, 2015

   An act to amend Section 116380 of, and to add Section 116761.25
to, the Health and Safety Code, relating to drinking water, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   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repealed or amended by the State Water Resources Control Board.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 1.  Section 116380 of the Health and Safety Code is amended
to read:
   116380.  (a) In addition to the requirements set forth in Section
116375, the regulations adopted by the department pursuant to Section
116375 shall include requirements governing the use of
point-of-entry and point-of-use treatment by public water systems in
lieu of centralized treatment where it can be demonstrated that
centralized treatment is not immediately economically feasible,
limited to the following:
   (1) Water systems with less than 200 service connections.
   (2) Usage allowed under the federal Safe Drinking Water Act and
its implementing regulations and guidance.
   (3) Water systems that have submitted preapplications with the
State Department of Public Health for funding to correct the
violations for which the point-of-entry and point-of-use treatment is
provided.
   (b) The department shall 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.
   (1) The emergency regulations shall comply with Section 116552,
and shall comply with all of the requirements set forth in
subdivision (a) applicable to nonemergency regulations, but shall not
be subject to the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code). The emergency
regulations shall take effect when filed with the Secretary of State,
and shall be published in the California Code of Regulations.

   (2) The emergency regulations adopted pursuant to this subdivision
shall remain in effect until the earlier of January 1, 2014, or the
effective date of regulations adopted pursuant to subdivision (a).
 
   (2) Notwithstanding Section 11346.1 of the Government Code, the
emergency regulations adopted pursuant to this subdivision by the
State Department of Public Health that became inoperative on January
1, 2014, shall become operative on the same date as the act which
added this paragraph and shall remain in effect until repealed or
amended by the State Water Resources Control Board. 
  SEC. 2.  Section 116761.25 is added to the Health and Safety Code,
to read:
   116761.25.  (a) The State Water Resources Control Board may award
a grant for point-of-entry and point-of-use treatment, in lieu of
centralized treatment, by a public water system meeting the
requirements of subdivision (b) of Section 116380 and regulations
adopted pursuant to that subdivision, for the full cost of the
project, if that system serves a severely disadvantaged community, as
defined in Section 13476 of the Water Code.
   (b) The grant shall specify that equipment purchased under the
grant with remaining useful life after completion of the project
shall be provided for use in other projects meeting the requirements
of subdivision (b) of Section 116380 and regulations adopted pursuant
to that subdivision, and equipment purchased under the grant with no
useful life after completion of the project shall be disposed of in
accordance with state and federal requirements, as determined by the
State Water Resources Control Board.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure the quality of drinking water relating to
point-of-entry and point-of-use treatment, at the earliest possible
time, it is necessary that this act take effect immediately.