BILL ANALYSIS Ó AB 1531 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1531 (Committee on Environmental Safety and Toxic Materials) As Amended August 18, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 78-0 | (May 14, |SENATE: | 38-0 | (August 20, | | | |2015) | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: E.S. & T.M. SUMMARY: This omnibus committee bill provides 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 (SWRCB). The Senate amendments: 1)Removed from this bill the authority to adopt emergency regulations that include maximum contaminant levels for primary and secondary drinking water standards; and 2)Removed from this bill the sunset extension for the State Water Board to adopt regulations on the use of point-of-entry and point-of-use treatment devices. AB 1531 Page 2 EXISTING LAW: 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. 1)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. 2)Transferred the State DWP from the State Department of Public Health to State Water Board. 3)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 Safe Drinking Water State Revolving Fund (SDWSRF) loans. 4)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. 5)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. AB 1531 Page 3 AS PASSED BY THE ASSEMBLY, this bill provided the following technical modification to the California and federal SDW acts: 1) Conformed SDWSRF requirements to Clean Water State Revolving Fund requirements by providing express authority to municipal borrowers to take loans from the SDWSRF. 2) Corrected outdated references to the Department of Public Health that should instead reference the State Water Board for the SDW program. 3) Authorized the State Water Board to adopt emergency regulations for regulatory changes necessary to conform state regulations to federal requirements in order to maintain program authority under the federal SDW Act. 4) Authorized 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. 5) Provided 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. 6) Authorized 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. 7) Establishes the "Safe Drinking Water State Revolving Fund AB 1531 Page 4 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. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: This bill 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 to 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 Analysis Prepared by: Bob Fredenburg / E.S. & T.M. / (916) 319-3965 FN: 0001426