BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 434


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          Date of Hearing:  April 22, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          434 (Eduardo Garcia) - As Amended April 6, 2015


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          |Policy       |Environmental Safety and Toxic |Vote:|7 - 0        |
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          Urgency:  Yes State Mandated Local Program:  NoReimbursable:   


          SUMMARY:


          This bill repeals the sunset date on emergency regulations  
          governing the permitted use of point-of-entry (POE) and  
          point-of-use (POU) treatment by public water systems (PWS) in  
          lieu of centralized treatment.  Specifically, this bill:  








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          1)Deletes the requirement that a PWS pre-apply for funding to  
            correct the violations for which the POE and POU treatment is  
            provided as a condition of using a POE or POU treatment  
            device. 



          2)Makes the emergency regulations adopted by the Department of  
            Public Health (DPH) before January 1, 2014, operative, and  
            requires that they remain in effect until repealed or amended  
            by the State Water Resources Control Board (SWRCB). 



          3)Strikes the requirement that a POE or POU permit be limited to  
            not more than three years or until funding for centralized  
            treatment is available. 



          4)Deletes references to regulations as "emergency" that would be  
            obsolete if aforementioned policy changes are enacted. 



          5)Establishes this as an urgency act based on the necessity to  
            provide quality drinking water as soon as possible. Exempts  
            the regulations from the Administrative Procedures Act.
          FISCAL EFFECT:


          Potential minor costs savings for SWRCB to adopt regulations  
          without following the APA.


          COMMENTS:









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          1)Purpose.  According to the author, this bill attempts to  
            remediate the issue of arsenic contamination in drinking  
            water. In the Coachella Valley, arsenic is a naturally  
            occurring element found in many drinking water wells at levels  
            ranging from 12 to 91 parts per billion (ppb). The  
            Environmental Protection Agency established a level of 10 ppb  
            as the Maximum Contaminant Level for arsenic. It has been  
            proven that consuming unsafe levels of arsenic increases the  
            probability of cancer, skin problems, and circulatory system  
            issues. 

            In 1992, the Farm Labor Housing Protection Act enabled farm  
            owners to house up to 12 farmworkers without many local  
            permits or licenses. Consequently, this allowed for the  
            establishment of many small mobilehome parks throughout the  
            eastern Coachella Valley, an area that lacks access to  
            centralized infrastructure, such as water and sewer. Because  
            of this, when arsenic was identified as an issue, point-of-use  
            systems were identified as a solution to help people access  
            clean water immediately, despite a lack of infrastructure.

            This bill authorizes the State Water Resources Control Board  
            (SWRCB) to adopt regulations governing point-of-use (POU) and  
            point-of-entry (POE) filtration treatment by public water  
            systems, in lieu of centralized treatment, where it can be  
            demonstrated that centralized treatment is not immediately  
            economically feasible. The regulations will apply to water  
            systems with 200 connections or less. 



          2)Background. POU treatment is a treatment device applied to a  
            single tap for the purpose of reducing contaminants in  
            drinking water at that tap. When used, a PWS is required to  
            install a POU device that will treat only the water intended  
            for direct consumption, typically installed at a single tap  
            such as the kitchen sink. Faucets without POU devices can be  
            used for cleaning or washing, but cannot be used to provide  








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            drinking and cooking water.   
            POE treatment is applied to the drinking water entering a  
            house or building for the purpose of reducing contaminants in  
            the drinking water distributed throughout the house or  
            building. Centralized treatment treats all of the water  
            produced by the PWS. 





          3)Safe Drinking Water Program Transfer.  On July 1, 2014, the  
            Safe Drinking Water Program  (SDWP) was transferred from DPH  
            to SWRCB.  SWRCB now has the primary enforcement authority to  
            enforce federal and state safe drinking water acts, and is  
            responsible for the regulatory oversight of about 8,000 PWS  
            throughout the state.
            Upon the transfer, all SDWP regulations and administrative  
            actions were vested with SWRCB and are fully effective and  
            enforceable unless and until readopted, amended, or repealed  
            by the Water Board. 





            Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081



















                                                                     AB 434


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