BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 434


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          434 (Eduardo Garcia)


          As Amended  August 18, 2015


          2/3 vote. Urgency


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          |ASSEMBLY:  |77-0  |(April 30,     |SENATE: |40-0  |(August 31,      |
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          Original Committee Reference:  E.S. & T.M.


          SUMMARY:  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:  


          1)Makes the emergency regulations adopted by the California  
            Department of Public Health (CDPH) before January 1, 2014  
            operative, and requires that they remain in effect until  
            repealed or amended by the State Water Resources Control Board  
            (Water Board). 
          2)Deletes references to regulations as "emergency" that would be  
            obsolete if aforementioned policy change is enacted. 


          3)Establishes this as an urgency act based on the necessity to  
            provide quality drinking water as soon as possible. 









                                                                     AB 434


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          The Senate amendments: 


          1)Restore current law requiring a PWS to 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)Make technical amendments to delete obsolete references to  
            CDPH and replaces with references to the Water Board. 


          EXISTING LAW:  


          1)Requires CDPH to adopt emergency regulations for permitting  
            the use of POE and POU water treatment in lieu of centralized  
            treatment for PWS that that have less than 200 service  
            connections; for which usage is allowed under the federal Safe  
            Drinking Water Act (SDWA); and that have pre-applied for  
            funding to correct the maximum contaminant level (MCL)  
            violations for which POE and POU treatment is provided.  
            (Health and Safety Code (H&S) Section 116380)
          2)Prohibits CDPH from issuing a permit to a PWS or amending a  
            valid existing permit to allow the use of POU treatment unless  
            CDPH determines, after conducting a public hearing in the  
            community served by the PWS, that there is no substantial  
            community opposition to the installation of POU treatment  
            devices. (H&S Section 116552)


          3)Vests the Water Board with all of the authority, duties,  
            powers, purposes, functions, responsibilities, and  
            jurisdiction of the State Department of Public Health and its  
            predecessor to enforce the SDWA. (H&S Section 116271)


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.









                                                                     AB 434


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          COMMENTS:  


          Need for this bill:  According to the author, "AB 434 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. 


          "This bill attempts to remediate the issue of arsenic  
          contamination in drinking water? Many of the families most  
          impacted by arsenic contamination in their drinking water are  
          predominantly farmworkers that live in the unincorporated part  
          of the east Coachella Valley that is vastly dedicated to  
          agriculture.  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." 


          What's the difference:  POU vs. POE vs. Centralized treatments:   
          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 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  








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          drinking water distributed throughout the house or building.


          Centralized treatment treats all of the water produced by the  
          PWS. 


          Safe Drinking Water Program Transfer:  With the transition of  
          the SDWP from CDPH on July 1, 2014, the Water Board 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.


          Therefore, as of July 1, 2014, all SDWP regulations and  
          administrative actions were vested with the Water Board, and are  
          fully effective and enforceable unless and until readopted,  
          amended, or repealed by the Water Board. 


          This bill provides appropriate technical code cleanup to clarify  
          the Water Board's statutory authority to adopt or revise  
          regulations governing POE and POU treatment devices. 


          Analysis Prepared by:                                             
                          Paige Brokaw / E.S. & T.M. / (916) 319-3965  FN:  
          0001446