Amended in Senate June 25, 2015

Amended in Assembly April 6, 2015

Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 434


Introduced by Assembly Member Eduardo Garcia

February 19, 2015


An act to amend Sections 116380 and 116552 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.begin delete 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.end delete

This bill would require the state board to adopt 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 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 absentbegin delete theend deletebegin insert aend insert state board determination of no communitybegin delete opposition, and would delete the limitation on the duration of these permits.end deletebegin insert opposition.end insert

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 116380 of the Health and Safety Code
2 is amended to read:

3

116380.  

(a) The State Water Resources Control Board shall
4adopt regulations governing the use of point-of-entry and
5point-of-use treatment by public water systems in lieu of
6centralized treatment where it can be demonstrated that centralized
7treatment is not immediately economically feasible, limited to the
8following:

9(1) Water systems with less than 200 service connections.

10(2) Usage not prohibited by the federal Safe Drinking Water
11Act and its implementing regulations and guidance.

begin insert

12(3) Water systems that have submitted applications for funding
13to correct the violation for which the point-of-entry and
14point-of-use treatment is provided.

end insert

15(b) (1) The regulations described in subdivision (a) shall comply
16with Section 116552 and shall not be subject to the rulemaking
17provisions of the Administrative Procedure Act (Chapter 3.5
18(commencing with Section 11340) of Part 1 of Division 3 of Title
192 of the Government Code). The regulations shall take effect when
20filed with the Secretary of State, and shall be published in the
21California Code of Regulations.

22(2) Any regulations or amendments to those regulations adopted
23pursuant to this section shall remain in effect until revised by the
24 State Water Resources Control Board.

begin delete
P3    1

SEC. 2.  

Section 116552 of the Health and Safety Code is
2amended to read:

3

116552.  

The State Water Resources Control Board shall not
4issue a permit to a public water system or amend a valid existing
5permit to allow the use of point-of-use or point-of-entry treatment
6unless the State Water Resources Control Board determines, after
7conducting a public hearing in the community served by the public
8water system, that there is no substantial community opposition
9to the installation of the treatment devices.

end delete
10begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 116552 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11amended to read:end insert

12

116552.  

Thebegin delete departmentend deletebegin insert State Water Resources Control Boardend insert
13 shall not issue a permit to a public water system or amend a valid
14existing permit to allow the use of point-of-usebegin insert or point-of-entryend insert
15 treatment unless thebegin delete departmentend deletebegin insert State Water Resources Control
16Boardend insert
determines, after conducting a public hearing in the
17community served by the public water system, that there is no
18substantial community opposition to the installation ofbegin delete point-of-useend delete
19begin insert theend insert treatment devices. The issuance of a permit pursuant to this
20section shall be limited to not more than three years or until funding
21for centralized treatment is available, whichever occurs first.

22

SEC. 3.  

This act is an urgency statute necessary for the
23immediate preservation of the public peace, health, or safety within
24the meaning of Article IV of the Constitution and shall go into
25immediate effect. The facts constituting the necessity are:

26In order to ensure the quality of drinking water relating to
27point-of-entry and point-of-use treatment, at the earliest possible
28time, it is necessary that this act take effect immediately.



O

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