BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 385| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 385 Author: Hueso (D), et al. Amended: 6/18/15 Vote: 27 - Urgency SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/15/15 AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley SENATE JUDICIARY COMMITTEE: 7-0, 5/12/15 AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SENATE FLOOR: 39-0, 5/28/15 AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Berryhill ASSEMBLY FLOOR: 79-0, 8/20/15 (Consent) - See last page for vote SUBJECT: Primary drinking water standards: hexavalent chromium: compliance plan SOURCE: Author DIGEST: This bill allows the State Water Resources Control Board (SWRCB) to grant a public water system additional time to SB 385 Page 2 meet the drinking water standard for hexavalent chromium by approving a compliance plan. Assembly Amendments (1) specify that public water systems shall notify all persons served by the public water system twice a year regarding the compliance plan, and (2) clarify the requirements of the compliance plan. ANALYSIS: Existing federal law, under the federal Safe Drinking Water Act (SDWA) of 1974: 1)Regulates the nation's public drinking water supply. 2)Requires the United States Environmental Protection Agency (US EPA) to set national health-based standards for drinking water. 3)Authorizes states to apply to US EPA for primacy to implement SDWA within their jurisdictions, if they can show that they will adopt standards at least as stringent as US EPA's and ensure compliance. California is a primacy state. Existing state law, under the California Safe Drinking Water Act of 1996: 1)Requires the Office of Environmental Health Hazard Assessment (OEHHA) to perform risk assessments and adopt public health goals (PHGs) for contaminants in drinking water based exclusively on public health considerations. 2)Requires the SWRCB, Division of Drinking Water (Division), formerly within the Department of Public Health (DPH), to establish, regulate, and enforce primary drinking water SB 385 Page 3 standards or MCLs. Whereas PHGs are to be based solely on scientific and public health considerations, drinking water standards adopted by the Division are to consider economic factors and technical feasibility. Each primary drinking water standard MCL adopted by the Division shall be set at a level that is as close as feasible to the corresponding PHG, with emphasis on the protection of public health. Each primary drinking standard adopted by the Division is required to be set at a level that is as close as feasible to the corresponding PHG, with emphasis on the protection of public health. MCLs established by the Division must be at least as stringent as the federal MCL, if one exists. 3)Authorizes the Division to issue citations for the failure to comply with a requirement of the California Safe Drinking Water Act or any regulation, standard, permit or order issued thereunder. That citation often contains a specific directive for required corrective action. 4)Requires the State Department of Health Services (succeeded by the DPH and then SWRCB) to adopt a primary drinking water standard for hexavalent chromium by January 1, 2004. This bill allows the SWRCB to grant a public water system additional time to meet the drinking water standard for hexavalent chromium by approving a compliance plan. Specifically, this bill: 1)Outlines the mandatory components of a compliance plan that may be submitted to the SWRCB by a public water system requesting an extension. 2)Authorizes the SWRCB to review, provide comment and approve the compliance plan, and determine the earliest feasible compliance date prior to January 1, 2020. SB 385 Page 4 3)Requires a public water system to provide customers with specified written notices at least twice a year. Requires the public water system to submit written status reports to the SWRCB, as specified. 4)Specifies that during the compliance plan implementation period, the public water system shall not be deemed in violation of the drinking water standard. Background Chromium is a natural element that occurs in two basic forms: chromium-3 and chromium-6. Chromium-3 is an essential nutrient with a daily amount of 50-200 micrograms/day for adults. While at very high doses it may have acute health effects, there is no evidence that it is carcinogenic. Chromium-6, on the other hand, is a known carcinogen. Hexavalent chromium, also called chromium 6, came to the public's attention with the 2000 release of the movie Erin Brockovich, which told the story of the hexavalent chromium contamination of the drinking water in Hinkley, California. Hexavalent chromium is a heavy metal used in producing pigments, leather tanning, electroplating, metal processing, wood preservation, and in alloys such as stainless steel. It was also used to inhibit corrosion in cooling towers -- the use that contaminated Hinkleys water by the Pacific Gas and Electric Company. Drinking water sources can become contaminated by leaks and discharges from industrial facilities and hazardous waste sites. Since that time hexavalent chromium has been detected in 2,475 California drinking water sources. These sources are spread throughout 51 out of 58 counties. In order to protect public health, and because the federal government had not adopted an MCL for hexavalent chromium, the California Legislature passed SB 351 (Ortiz, Chapter 602, SB 385 Page 5 Statutes of 2001), requiring the development of a state drinking water standard for hexavalent chromium by January 2004. Where does hexavalent chromium come from? Hexavalent chromium can be naturally occurring. In addition to natural sources, hexavalent chromium enters drinking water sources through discharges of dye and paint pigments, wood preservatives, chrome plating wastes, and leaching from hazardous waste sites. Communities near chromium waste disposal sites or chromium manufacturing and processing plants are at particular risk of exposure. Probably the most impacted people are workers exposed on the job. What are the health effects of hexavalent chromium? Hexavalent chromium is a carcinogen and a reproductive toxicant for both males and females. As a result, it was added to California's Proposition 65 list of toxic substances in December 2008. Exposure to hexavalent chromium occurs through breathing, ingestion, and contact with the skin. Although most of the known health impacts are related to inhalation, there is now strong data linking ingestion of hexavalent chromium, such as through drinking water, to severe health effects. In addition to cancer and reproductive harm, short and long-term exposures can lead to eye and respiratory irritation, asthma attacks, nasal ulcers, dermal burns, anemia, acute gastroenteritis, vertigo, gastrointestinal hemorrhage, convulsions, ulcers, and damage or failure of the liver and kidneys. Hexavalent Chromium PHG. In 2013, OEHHA published a PHG for hexavalent chromium of 0.02 parts per billion or micrograms per liter (g/L) in drinking water. OEHHA reviewed the available data on the toxicity of hexavalent chromium and has identified the PHG level as protective against all identified toxic effects from both oral and inhalation exposure to hexavalent chromium that may be present in drinking water. Hexavalent Chromium MCL. As part of the rulemaking process, in August 2013, DPH proposed an MCL for chromium-6 of 0.010 milligram per liter (equivalent to 10 g/L). The public comment period closed in October 2013. DPH reviewed the comments submitted by interested parties and responded to them in the final statement of reasons, which is part of the final SB 385 Page 6 hexavalent MCL regulations package. On April 15, 2014, DPH submitted the hexavalent chromium MCL regulations package to the Office of Administrative Law (OAL) for its review for compliance with the Administrative Procedure Act. On May 28, OAL approved the regulations, which were effective on July 1, 2014. Enforcement of an MCL. National drinking water standards are legally enforceable by the regulatory agencies. Both US EPA and states can take enforcement actions against water systems not meeting safety standards. US EPA and states may issue administrative orders, take legal actions and issue fines. In the case of the MCL for hexavalent chromium, because it is a California specific MCL, SWRCB would have enforcement responsibility. Should a water system be found out of compliance with the MCL, SWRCB would likely take enforcement action that would include an administrative order with specific direction to the water system on actions needed to come into compliance. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Assembly Appropriations Committee, there are minor and absorbable costs. SUPPORT: (Verified 8/20/15) American Water Works Association Association of California Water Agencies California Municipal Utilities Association California Special Districts Association California Water Association Central Water Agency City of Cathedral City City of Indio City of La Quinta City of Rancho Mirage SB 385 Page 7 City of Watsonville Coachella Valley Association of Governments Coachella Valley Water District Consumer Attorneys of California Desert Valleys Builders Association Desert Water Agency Heber Public Utilities District Hidden Valley Lake Community Services District Indio Water Authority Metropolitan Water District of Southern California Mission Springs Water District Mojave Water Agency Rancho Marcelino Water & Service Company Regional Water Authority Rio Linda-Elverta Water District Sacramento Suburban Water District San Diego County Water Authority Santa Ynez River Water Conservation District Soquel Creek Water District Upper San Gabriel Valley Municipal Water District OPPOSITION: (Verified 8/20/15) None received ASSEMBLY FLOOR: 79-0, 8/20/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Chu SB 385 Page 8 Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108 8/21/15 16:10:39 **** END ****