BILL NUMBER: AB 434 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2015
INTRODUCED BY Assembly Member Eduardo Garcia
FEBRUARY 19, 2015
An act to amend Section 116380 of, and to add Section
116761.25 to, of 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 amended, 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, duties 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effect until repealed or amended by require the
State Water Resources Control Board. state
board to adopt regulations governing the use of point-of-entry and
point-of-use tre atment by public water systems in lieu of
centralized treatment where it can be demonstrated that centralized
treatment is not immediately economically feasible, with specified
limitations. 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. exempt
the regulations from the Administrative Procedure Act and would
require that the regulations and any amendments to the regulations
remain in effect until revised by the state board.
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 The State
Water Resources Control Board shall adopt regulations
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 not prohibited by
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)
(b) (1) The emergency
regulations described in subdivision (a) shall
comply with Section 116552, 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) 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.
(2) Any regulations or amendments to those regulations adopted
pursuant to this section shall remain in effect until revised 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. SEC. 2. 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.