BILL ANALYSIS Ó
AB 1173
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1173 (Williams) - As Amended March 26, 2015
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|Policy |Environmental Safety and Toxic |Vote:|5 - 0 |
|Committee: |Materials | | |
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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
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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
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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
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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
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