BILL ANALYSIS Ó
AB 1531
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Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 1531
(Committee on Environmental Safety and Toxic Materials) - As
Amended April 20, 2015
SUBJECT: State Water Resources Control Board
SUMMARY: Makes minor and technical corrections to the Safe
Drinking Water (SDW) Act and the Clean Water Act carried out by
the State Water Resources Control Board (State Water Board).
Specifically, this bill:
1)Consolidates into one section provisions of existing law that
require state and local agencies that are subject to
regulation by the State Water Board to pay water quality
and/or drinking water regulatory fees.
2)Conforms Safe Drinking Water State Revolving Fund (SDWSRF)
requirements to Clean Water State Revolving Fund requirements
by providing express authority to municipal borrowers to take
loans from the SDWSRF.
3)Corrects outdated references to the Department of Public
Health that should instead reference the State Water Board for
the SDW program.
4)Authorizes the State Water Board to adopt emergency
regulations for regulatory changes necessary to conform state
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regulations to federal requirements in order to maintain
program authority under the federal SDW Act.
5)Authorize the State Water Board to adopt regulations on the
use of point-of-entry and point-of-use treatment devices by
public water systems to provide statewide consistency on the
allowable uses of these devices.
6)Clarifies the procedures for appealing SDW regulatory actions
to the State Water Board. The Legislature transferred the SDW
program from the California Department of Public Health to the
State Water Board in 2014.
7)Provides consistency between the State Water Board's authority
to require documents and test results from water providers
regulated under the SDW Act with dischargers to waters of the
state under the Porter-Cologne Water Quality Control Act.
8)Authorizes the State Water Board to require public water
systems to submit to the State Water Board drinking water test
results, reports, and other information that is deemed by the
Board to be necessary to carry out its responsibilities under
the state SDW Act.
9)Corrects outdated references to the Department of Fish and
Wildlife.
10)Allows the State Water Board increased flexibility to set
interest rates in the SDWSRF program.
11)Establishes the "Safe Drinking Water State Revolving Fund
Administration Fund" in order to provide a place for the State
Water Board to deposit the funds that it is already allowed to
collect on safe drinking water loans in lieu of interest to
pay for administrative costs.
12)Makes technical modifications to the Clean Water State
Revolving Fund statute to be consistent with the
recently-enacted federal Water Resources Reform and
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Development Act of 2014.
EXISTING LAW:
1)Establishes the California SDW Act to govern the state's
drinking water program and to be the delegated authority by
the United States EPA for enforcement of the federal SDW Act.
2)Establishes the Drinking Water Program (DWP) within the State
Water Board to regulate public drinking water systems and
enforce federal and state drinking water acts.
3)Transferred the State DWP from the State Department of Public
Health to State Water Board.
4)Establishes the Safe Drinking Water Small Community Emergency
Grant Fund and authorizes the State Water Board to assess an
annual charge to be deposited in this fund in lieu of interest
that would otherwise be charged on SDWSRF loans.
5)Establishes the Porter-Cologne Water Quality Act, which
provides for:
a) Establishment of water quality policy;
b) Enforcement of water quality standards for both surface
and ground water; and
c) Regulating of discharges of pollutants from point and
non-point sources.
6)Provides that the State Water Board and nine Regional Water
Quality Control Boards are the principal state agencies with
the responsibility for controlling water quality in
California.
FISCAL EFFECT: Not known.
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COMMENTS:
Need for the bill: According to author, "This proposal would
make a variety of technical changes to provisions in the Water
Code and Health and Safety Code, including eliminating outdated
provisions of law, correcting erroneous cross references, and
providing statutory and regulatory authority to conform state
drinking water and water quality requirements with federal
requirements. Additionally, as follow up to recent legislation
that transferred the Safe Drinking Water Program from the
Department of Public Health to the State Water Resources Control
Board, this proposal would make several statutory changes to
improve the efficiency and effectiveness of the Safe Drinking
Water Regulatory Program"
The proposed technical cleanup was the result of finding
provisions of the Water Code and Health and Safety Code
administered by the State Water Board that have erroneous
cross-references, are inconsistent with subsequently enacted
legislation or with corresponding federal legislation, or are
otherwise in need of technical correction. These outdated
provisions restrict the State Water Board's abilities to
effectively implement the laws as intended and result in
ambiguities in the law that can result in increased litigation.
Additionally, as a result of the transfer of the Safe Drinking
Water Program from the California Department of Public Health to
the State Water Board pursuant to SB 861 (Budget Committee),
(Chapter 35, Statutes of 2014), the State Water Board has
identified several statutory changes that are needed to help
improve the efficiency and effectiveness of administering the
drinking water program.
Duplicate point-of-use water treatment devise standards: The
provisions of AB 1531 dealing with water treatment devices are
similar to those contained in AB 434 (Eduardo Garcia). The
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author may wish to remove the duplicate provisions from this
bill to avoid further chaptering out problems if both bills are
approved.
Prior legislation:
AB 21 (Alejo) - Safe Drinking Water Small Community Emergency
Grant Fund (Chapter 628, Statues of 2013). Created the Safe
Drinking Water Small Community Emergency Grant Fund.
SB 861 (Budget and Fiscal Review Committee), (Chapter 35,
Statutes of 2014). Provided the statutory authority to transfer
the drinking water program from the Department of Public Health
to the State Water Resources Control Board, including merging of
loan programs.
Related legislation:
AB 434 (Eduardo Garcia) repeals the sunset date on emergency
regulations governing the permitted use of point-of-entry (POE)
and point-of-use (POU) treatment by public water systems (PWS)
in lieu of centralized treatment. This bill was approved by
the Environmental Safety and Toxic Materials Committee on April
14, 2015, and is currently awaiting action on the Assembly
floor.
REGISTERED SUPPORT / OPPOSITION:
AB 1531
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Support
None on file.
Opposition
None on file.
Analysis Prepared by:Bob Fredenburg / E.S. & T.M. / (916)
319-3965