BILL ANALYSIS                                                                                                                                                                                                    



                                                               AB 1540
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2009-2010 Regular Session
                                           
           BILL NO:    AB 1540
           AUTHOR:     Health Committee
           AMENDED:    July 2, 2009
           FISCAL:     Yes               HEARING DATE:     July 13, 2009
           URGENCY:    No                CONSULTANT:       Rachel Machi
                                                           Wagoner   
            SUBJECT :    HEALTH OMNIBUS

            SUMMARY  :    
           
            Existing law  :

           1)Includes various provisions related to health, public health  
             and mental health.

           2)Under the federal Safe Drinking Water Act (SDWA), requires  
             the federal Environmental Protection Agency (US EPA) to set  
             standards for drinking water quality and oversee the states,  
             localities, and water suppliers who implement those  
             standards.  California has authority over drinking water,  
             delegated by US EPA.

           3)Establishes the Drinking Water Program within the Department  
             of Public Health (DPH) to regulate public drinking water  
             systems

           4)Authorizes point-of-entry devices for water treatment to  
             meet drinking water standards as specified by state and  
             federal law.
            
           This bill  :

           1)Makes technical and substantives changes to provisions of  
             law related to the California Department of Managed Health  
             Care (DMHC), the Office of Statewide Health Planning and  
             Development (OSHPD), the California Department of Public  
             Health (DPH) and the California Health Benefits Review  
             Program (CHBRP).

           2)This bill makes various changes to the regulation of  








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             drinking water by: 

              a)   Limiting the types of water suppliers who may certify  
                alternative water sources in compliance with federal law;

              b)   Modifying penalties for violations of turbidity  
                standards for drinking water in compliance with federal  
                law;

              c)   Authorizing point-of-use devices for water treatment  
                to meet drinking water standards.

            COMMENTS  :

            1)Purpose of Bill  .  According to the Assembly Health  
             Committee, this omnibus bill addresses several technical  
             changes in health programs.  The DPH is a specific supporter  
             of the SDWA provisions to ensure compliance with federal law  
             and prevent the loss of federal funding and grants.  In  
             addition, this bill extends the sunset of CHBRP, established  
             by AB 1996 (Thomson) Chapter 795, Statutes of 2002.  CHBRP  
             is required to publish analysis with relevant data on the  
             public health, medical, and economic impact of proposed  
             health plan and health insurance benefit mandate  
             legislation.

            2)Are point-of-use and point-of-entry treatment devices  
             effective and safe for the treatment of drinking water?    
             According to DPH, there are small water systems that are in  
             the process of applying for grant funding to assist in the  
             expense of upgrades to centralized treatment of drinking  
             water.  However, while they are in the process of applying  
             and receiving grant funding from DPH, they are unable to  
             afford these necessary upgrades.  DPH suggests that, as a  
             stop gap, these small systems be allowed to install  
             point-of-use devices for water treatment in addition to  
             point-of-entry devices.  

             While this may be a valid and useful temporary solution,  
             point-of-use and point-of-entry treatment devices do not  
             present adequate regulatory assurance of removal of  
             contaminants in water that may be harmful over the long  
             term.  Amendments are needed to ensure that this is an  
             interim solution for small systems by:  a) limiting these  
             devices to systems of less than 200 connections; b) that  








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             have applied for grant funding to install centralized  
             treatment; c) by limiting the period of time they can be in  
             use and d) requiring that the residents of small water  
             systems be notified by the water system of contaminants in  
             their water.

            SOURCE  :        Assembly Health Committee  
           SUPPORT  :       California Society for Clinical Social Work
            OPPOSITION  :    None on file