BILL NUMBER: AB 434	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2015
	AMENDED IN ASSEMBLY  MARCH 19, 2015

INTRODUCED BY   Assembly Member Eduardo Garcia

                        FEBRUARY 19, 2015

   An act to amend  Section   Sections 
116380  and 1   16552  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 relating to providing a dependable, safe supply of drinking
water.    The act prohibits the state board from issuing
a permit to a public water system or amending a valid existing
permit to allow the use of point-of-use treatment unless the state
board determines that there is no community opposition to the
installation of the treatment device. The act also limits the
issuance of this permit to no more than 3 years or until funding for
centralized treatment is available, whichever occurs first. 
   This bill would require the state board to adopt 
regulations   regulations, similar to those previously
authorized for adoption by the State Department of Public Health,
 governing the use of point-of-entry and point-of-use treatment
by  a  public water  systems   system
 in lieu of centralized treatment where it can be demonstrated
that centralized treatment is not immediately economically feasible,
with specified limitations. The bill would 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 also prohibit
the use of point-of-entry treatment absent the state board
determination of no community opposition, and would delete the
limitation on the duration of these permits. 
   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) 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 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) (1) The regulations described in subdivision (a) shall comply
with Section 116552 and 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 regulations shall take effect when filed
with the Secretary of State, and shall be published in the California
Code of Regulations.
   (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 116552 of the   Health
and Safety Code   is amended to read: 
   116552.  The  department   State Water
Resources Control Board  shall not issue a permit to a public
water system or amend a valid existing permit to allow the use of
point-of-use  or point-of-entry  treatment unless the
 department  State Water Resources Control Board
 determines, after conducting a public hearing in the community
served by the public water system, that there is no substantial
community opposition to the installation of  point-of-use
  the  treatment devices.  The issuance of
a permit pursuant to this section shall be limited to not more than
three years or until funding for centralized treatment is available,
whichever occurs first. 
   SEC. 2.  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.