BILL ANALYSIS                                                                                                                                                                                                    Ó



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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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          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









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