BILL ANALYSIS Ó AB 434 Page 1 Date of Hearing: April 22, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 434 (Eduardo Garcia) - As Amended April 6, 2015 ----------------------------------------------------------------- |Policy |Environmental Safety and Toxic |Vote:|7 - 0 | |Committee: |Materials | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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: AB 434 Page 2 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the Department of Public Health (DPH) before January 1, 2014, operative, and requires that they remain in effect until repealed or amended by the State Water Resources Control Board (SWRCB). 3)Strikes the requirement that a POE or POU permit be limited to not more than three years or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: AB 434 Page 3 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 AB 434 Page 4 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 Page 5