BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 385|
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                                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  








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          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  








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            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.










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          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,  








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          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  








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          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 








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          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









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          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          8/21/15 16:10:39


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