BILL ANALYSIS Ó AB 1173 Page 1 ASSEMBLY THIRD READING AB 1173 (Williams) As Amended March 26, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Environmental |5-0 |Alejo, Gonzalez, | | |Safety | |Gray, McCarty, Ting | | | | | | | |----------------+------+--------------------+----------------------| |Appropriations |13-3 |Gomez, Bloom, |Bigelow, Jones, | | | |Bonta, Calderon, |Wagner | | | |Chang, Daly, | | | | |Eggman, Eduardo | | | | |Garcia, Holden, | | | | |Quirk, Rendon, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- SUMMARY: Requires, if a local health officer does not maintain a local certification program for backflow prevention device testers, that the testing and maintenance of a backflow prevention device be performed by a person who has received specified California-specific certification for testing backflow prevention AB 1173 Page 2 devices. Specifically, this bill: 1)Requires, if a local health officer does not maintain a local certification program for backflow prevention device testers, that the testing and maintenance of a backflow prevention device 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 (AWAA); 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. FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill may result in increased costs for the SWRCB of $140,000 annually (Safe Drinking Water Revolving Fund) to review certification providers. COMMENTS: Need for the bill: According to the author, "The lack of guidance on acceptable private statewide certification of backflow protection device testers has resulted in inconsistent requirements throughout the state, burdening plumbing installers, stifling competition, and increasing customer costs? Statewide consistency is needed regarding what certifications are acceptable? AB 1173 clarifies the certification standards required for backflow prevention device testers." AB 1173 Page 3 Backflow: 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. Backflow prevention: Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. According to the United States Environmental Protection Agency (US EPA), a wide choice of devices exists that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. These include air gaps, barometric loops, vacuum breakers - both atmospheric and pressure type, double check with intermediate atmospheric vent, double check valve assemblies, and reduced pressure principle devices. US EPA reports that, generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection. Additional considerations are based upon piping size, location, and the potential need to periodically test the devices to insure proper operation. Certification of backflow prevention device testers: The California Department of Public Health asserts that proper testing of backflow prevention assemblies is crucial to the prevention of backflow and is a cornerstone of a cross-connection control program. In order to assure that testing and maintenance of backflow prevention devices are performed by qualified persons, statute authorizes local health officers to maintain programs for certification of backflow prevention device testers (Health and Safety Code Section 116805). Additionally, regulation requires AB 1173 Page 4 backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or local health agency (California Code of Regulations, Title 17, Section 7605(b)). 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 AWAA, ASSE, ABPA, or other similar certification deemed acceptable by the SWRCB or the local health officer. Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0000421