BILL ANALYSIS Ó AB 1173 Page 1 Date of Hearing: May 13, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1173 (Williams) - As Amended March 26, 2015 ----------------------------------------------------------------- |Policy |Environmental Safety and Toxic |Vote:|5 - 0 | |Committee: |Materials | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill requires the testing and maintenance of backflow prevention devices to be performed by a certified person, as specified, if the local health officer does not maintain a local AB 1173 Page 2 certification program. Specifically, this bill: 1)Provides that if a local health officer does not maintain a local certification program for backflow prevention device testers, testing and maintenance of a backflow prevention device shall be performed by a person who has received California-specific certification for testing backflow prevention devices by one of the following: a) California-Nevada Section of the American Water Works Association (AWWA); b) American Society of Sanitary Engineering (ASSE) International; c) American Backflow Prevention Association (ABPA); or, d) Other similar certification provider deemed acceptable by the State Water Resources Control Board (SWRCB) or the local health officer. 2)Clarifies existing law to be consistent with the relocating of the Safe Drinking Water Program from the Department of Public Health to the SWRCB. FISCAL EFFECT: Increased costs for SWRCB of $140,000 annually (Safe Drinking Water Revolving Fund) to review certification providers. COMMENTS: 1)Purpose. According to the author, the lack of guidance on acceptable private statewide certification of backflow AB 1173 Page 3 protection device testers has resulted in inconsistent requirements throughout the state, burdening plumbing installers, stifling competition, and increasing customer costs. The author further asserts the inconsistencies from the three private certification bodies and the local health officers create discrepancies in water supply standards and do not protect the public from cross-contamination. This bill provides statewide consistency. 2)Background. Backflow is the undesirable reversal of the flow of liquid, gas or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system, water or substances from the ground, storage, or other sources may be drawn up into the system. Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety. 3)Backflow Prevention Device Testers. In order to assure that testing and maintenance of backflow prevention devices are performed by qualified persons, current law authorizes local health officers to maintain programs for certification of backflow prevention device testers. Additionally, current regulation requires backflow preventers AB 1173 Page 4 to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or local health agency. Per statute and regulation, in jurisdictions where the local health officer has not established a program for certification of backflow prevention device testers, water suppliers are responsible for hiring testers that have demonstrated their competency. This bill, in the absence of a local program, requires water suppliers to hire testers holding AWWA, ASSE, ABPA, or other similar certification deemed acceptable by the State Water Resources Control Board or the local health officer. 4)Support and Opposition. According to the sponsor of the bill, the California State Pipe Trades Council, current requirements for local certification of backflow protection device testers by local health officers does not reflect the actual practice in most jurisdictions of relying on private state certifications of backflow protection device testers. This bill streamlines approval of backflow protection device testers by local jurisdictions, creates statewide consistency regarding what certifications are acceptable, and simplifies compliance. California Water Service opposes the bill and notes that if this legislation were enacted, each of the three listed organizations would be guaranteed that they will be able to certify the testers of backflow prevention devices even if their certification standards significantly decline. The author may wish to require the SWRCB to periodically review and approve the listed certification entities to maintain the integrity of the certification process. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081 AB 1173 Page 5