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 --