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.
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 wouldbegin delete 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.end deletebegin insert also require the state board to adopt emergency regulations governing the permitted use of point-of-use and point-of-entry treatment by public water systems in lieu of centralized treatment, as specified, and would require that these emergency regulations remain in effect until the earlier of January 1, 2018, or the effective date of the required nonemergency regulations.end insert This bill would also prohibit the use of point-of-entry treatment absent a state board determination of no community 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 116380 of the Health and Safety Code
2 is amended to read:
(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.
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.
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.
P3 1(2) Any regulations or amendments to those regulations adopted
2pursuant to this section shall remain in effect until revised by the
3
State Water Resources Control Board.
begin insertSection 116380 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
5amended to read:end insert
(a) begin deleteIn addition to the requirements set forth in Section begin insertThe State Water
7116375, the regulations adopted by the department pursuant to
8Section 116375 shall include requirements end delete
9Resources Control Board shall adopt regulations end insertgoverning the
10use of point-of-entry and point-of-use treatment by public water
11systems in lieu of centralized treatment where it can be
12demonstrated that centralized treatment is not immediately
13economically feasible, limited to the following:
14(1) Water systems with less than 200 service connections.
15(2) Usagebegin delete allowed underend deletebegin insert
not prohibited byend insert the federal Safe
16Drinking Water Act and its implementing regulations and guidance.
17(3) Water systems that have submittedbegin delete preapplications with the begin insert applicationsend insert for funding to
18State Department of Public Healthend delete
19correct the violations for which the point-of-entry and point-of-use
20treatment is provided.
21(b) Thebegin delete departmentend deletebegin insert State Water Resources Control Boardend insert shall
22adopt emergency regulations governing the permitted use of
23point-of-entry and
point-of-use treatment by public water systems
24in lieu of centralized treatment.
25(1) The emergency regulations shall comply with Section
26116552, and shall comply with all of the requirements set forth in
27subdivision (a) applicable to nonemergency regulations, but shall
28not be subject to the rulemaking provisions of the Administrative
29Procedure Act (Chapter 3.5 (commencing with Section 11340) of
30Part 1 of Division 3 of Title 2 of the Government Code). The
31emergency regulations shall take effect when filed with the
32Secretary of State, and shall be published in the California Code
33of Regulations.
34(2) The emergency regulations adopted pursuant to this
35subdivision shall remain in effect until the earlier of January 1,
36begin delete 2014,end deletebegin insert
2018,end insert or the effective date of regulations adopted pursuant
37to subdivision (a).
Section 116552 of the Health and Safety Code is
39amended to read:
The State Water Resources Control Board shall not
2issue a permit to a public water system or amend a valid existing
3permit to allow the use of point-of-use or point-of-entry treatment
4unless the State Water Resources Control Board determines, after
5conducting a public hearing in the community served by the public
6water system, that there is no substantial community opposition
7to the installation of the treatment devices. The issuance of a permit
8pursuant to this section shall be limited to not more than three
9years or until funding for centralized treatment is available,
10whichever occurs first.
This act is an urgency statute necessary for the
12immediate preservation of the public peace, health, or safety within
13the meaning of Article IV of the Constitution and shall go into
14immediate effect. The facts constituting the necessity are:
15In order to ensure the quality of drinking water relating to
16point-of-entry and point-of-use treatment, at the earliest possible
17time, it is necessary that this act take effect immediately.
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