BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: AB 434 ----------------------------------------------------------------- |Author: |Eduardo Garcia | ----------------------------------------------------------------- |-----------+-----------------------+-------------+----------------| |Version: |4/6/2015 |Hearing |6/17/2015 | | | |Date: | | |-----------+-----------------------+-------------+----------------| |Urgency: |Yes |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Rachel Machi Wagoner | | | | ----------------------------------------------------------------- SUBJECT: Drinking water: point-of-entry and point-of-use treatment. ANALYSIS: Existing law: 1) Under the federal Safe Drinking Water Act (SDWA), requires the federal Environmental Protection Agency (US EPA) to set standards for drinking water quality and oversee the states, localities, and water suppliers who implement those standards. California has authority over drinking water, delegated by US EPA. 2) Establishes the Drinking Water Program within the State Water Resources Control Board (SWRCB) (formerly within the Department of Public Health) to regulate public drinking water systems. 3) Authorizes point-of-use (POU) and point-of-entry (POE) devices for water treatment to meet drinking water standards as specified by state and federal law. 4) Requires regulations adopted under the SDWA to include requirements governing the POU and POE treatment by public water systems in lieu of centralized treatment where it can be demonstrated that centralized treatment is not immediately economically feasible and is limited to: a) less than 200 service connections, b) use allowed under the SDWA's implementing regulations, c) water systems that have submitted AB 434 (Eduardo Garcia) Page 2 of ? pre-applications with the Drinking Water Program for funding to correct the violations for which the POU/POE treatment is provided, and d) use is limited to 3 years or until centralized treatment is achieved, whichever comes first. 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: 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. AB 434 (Eduardo Garcia) Page 3 of ? Background 1) Drinking Water Contamination in California. According to DPH, 98% of the population of California served by community water systems receives drinking water that meets all primary drinking water standards. However, for the nearly one million Californians without clean water, contaminants such as nitrates, hexavalent chromium and arsenic threaten public drinking water safety. The most impacted populations are located in disadvantaged communities and are served by small water systems that have difficulty finding the sufficient resources for maintenance and operation or to undertake repairs and upgrades. DPH currently utilizes funds from the Safe Drinking Water State Revolving Fund and Propositions 50 and 84 bond funds to assist in drinking water system upgrades. While these funds have provided and continue to provide significant assistance in the improvement of water systems, there is a greater need than funding available. US EPA as well as DPH are working to explore how to reach critical drinking water standards while also acknowledging the need for affordability of conveyance, especially in these small communities. In acknowledgement of the strain that small water systems face when trying to upgrade systems to meet necessary water quality improvements, AB 2515 (V. M. Perez, Chapter 601, Statutes of 2010), was enacted as a stop gap to provide a temporary measure while a permanent, safer and more effective centralized treatment could be devised for these small disadvantaged communities. 2) Point-of-Use/ Point-of-Entry Treatment. A POU treatment device is any unit installed on a single water faucet or bubbler that changes the water quality. A POE treatment device is any unit installed that changes the water quality of all potable water entering a building. POE and POU treatment devices such as carbon filters are sometimes installed to enhance the aesthetic quality (taste and odor) of potable water supplied by a local water system. In other cases, POE and POU treatment devices are installed to meet drinking water standards in place of centralized treatment. 3) Limitations of POU/POE Treatment. While POU/POE treatment has advanced in recent years it cannot provide equivalent treatment to centralized treatment. AB 434 (Eduardo Garcia) Page 4 of ? a) Multiple Contaminants. POU/POE treatment technologies can provide sufficient treatment for one specific contaminant. However, they are not designed to treat the complex myriad contaminants that may be in drinking water. So while it may address the primary contaminant of concern, other contaminants may not be sufficiently removed. Additionally, contaminants in water affect the water quality individually and cumulatively. POU/POE treatment systems are not designed to address the cumulative impacts to water quality. b) Adjustment for Quality. Water quality levels are not static. Centralized treatment systems are regularly monitored and the treatment is adjusted as changes in the water quality and levels of the range of contaminants change. POU/POE treatment systems cannot be adjusted as the water quality changes, so their efficacy may vary. c) POU Does Not Treat All Water. Because POU treatment systems attach to the faucet, their treatment is limited to water that comes through that faucet. Showers, washing machines and other faucets, such as those in bathrooms, will not be treated. POU treatment devices are not appropriate in households where the treated contaminant presents health risks when inhaled, such as volatile organic compounds (VOCs) or hexavalent chromium, that may be released into the air and inhaled, especially in warm water like a shower because in those households only the drinking water would be treated. With many contaminants that could pose an additional risk, especially in homes with children, these systems are meant as a very temporary stopgap measure until centralized water treatment can be provided. d) Lack of Accountability and Monitoring. Centralized treatment facilities are regularly inspected and monitored to ensure sufficient maintenance by either DPH or the county environmental health jurisdictions. There is no built in inspection, monitoring or maintenance when water systems use POU/POE treatment. Ensuring proper working order to POU/POE devices is crucial. If filters are not changed when needed, some systems can build up contaminants in the system and release them into the water in high concentrations. AB 434 (Eduardo Garcia) Page 5 of ? Who is expected to make sure that the systems are always working properly? Is it practical to expect that water systems will regularly monitor and repair each of the POU/POE devices? 4) Two Classes of Drinking Water Quality. Improving California's drinking water quality is crucially important. As solutions for meeting drinking water standards to protect public health are contemplated, it is important to ensure that solutions that compromise standards are not used. Expanded or long-term use of POU/POE treatment devices essentially creates two classes for drinking water in California -- those that get centralized treatment that is monitored and accountable for meeting drinking water standards and those that get a lower standard of quality and accountability. 5) Safe Drinking Water Program Transfer. On July 1, 2014, the Safe Drinking Water Program 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 regulations and administrative actions were vested with SWRCB and are fully effective and enforceable unless and until readopted, amended, or repealed by the SWRCB. According to SWRCB, the board is in the process of reviewing the POU/POE regulations. The authority granted by this bill would allow SWRCB to do it more quickly by re-granting emergency regulation authority. Comments 1)Purpose of Bill. 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). US EPA established a level of 10 ppb as the Maximum Contaminant Level AB 434 (Eduardo Garcia) Page 6 of ? for arsenic. It has been proven that consuming unsafe levels of arsenic increases the probability of cancer, skin problems, and circulatory system issues." The author states that "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." The author states that "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)Amendments. The existing POU/POE authority limits the use of this technology for three years or until centralized treatment is installed, whichever is earlier. This limitation was added acknowledging that this technology provides a temporary, however imperfect solution for water treatment. AB 434 removes the 3-year limit. Without this limit, there is no requirement that the water system find a permanent centralized treatment solution. An amendment is needed to restore the 3-year limit on using POU/POE technology. SOURCE: Pueblo Unido, Community Development Corporation SUPPORT: Association of California Water Agencies Pionetics Corporation OPPOSITION: None received AB 434 (Eduardo Garcia) Page 7 of ? -- END --