BILL NUMBER: AB 434 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2015
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.
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. 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. 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 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.
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 applications
for funding to correct the violations for which the
point-of-entry and point-of-use treatment is provided.
(b) The department State Water Resources
Control Board 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) The emergency regulations shall comply with Section 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) The emergency regulations adopted pursuant to this subdivision
shall remain in effect until the earlier of January 1,
2014, 2018, or the effective date of regulations
adopted pursuant to subdivision (a).
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. 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.