BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1173


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          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  








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          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."








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          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  








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          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