AB 434 Assembly Bill

BILL NUMBER: AB 434	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2015
	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 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.  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,
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 absent  the   a 
state board determination of no community  opposition, and
would delete the limitation on the duration of these permits.
  opposition. 
   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 applications for funding to
correct the violation 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 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
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 the treatment devices. 
   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. 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.