BILL NUMBER: AB 2515	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 1, 2010
	AMENDED IN ASSEMBLY  APRIL 29, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member V. Manuel Perez

                        FEBRUARY 19, 2010

   An act to amend Section 116380 of the Health and Safety Code,
relating to drinking water  , and declaring the urgency thereof,
to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2515, as amended, V. Manuel Perez.  Local government:
environmental health departments.   Public water
systems: point-of-use treatment.  
   Existing law authorizes local government agencies, in conjunction
with other public entities, to organize and operate local public
health services within their jurisdictional areas. These services may
include implementing projects and policies pertaining to water
conservation and water quality. 
   Existing law, the California Safe Drinking Water Act, provides for
the operation of public  drinking  water systems,
and requires the State Department of Public Health to adopt
regulations for these purposes, as prescribed. Under existing law,
regulations adopted by the department are required to include
requirements governing the use of point-of-entry and point-of-use
treatment by public water systems in lieu of centralized treatment,
where feasible.
   This bill would  make findings and declarations relating to
groundwater contamination in Coachella Valley, and would 
authorize the department to develop  criteria  
emergency regulations  governing the permitted use of
point-of-use treatment by public water systems in lieu of centralized
treatment, as specified, and  to utilize these criteria
  would require that these emergency regulations remain
in effect  until the earlier of January 1, 2014, or the
effective date of the required  nonemergency  regulations.

   This bill would make findings and declarations relating to the
groundwater contamination in the Coachella Valley.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares both of the
following:
   (a) The arsenic contamination groundwater problem in the
southeastern Coachella Valley in Riverside County is largely
naturally occurring and is  getting progressively worse
  creating barriers to accessing safe drinking water
 .
   (b) There are many limitations to providing the small,
unincorporated communities in the Coachella Valley access to safe
drinking water.
  SEC. 2.  Section 116380 of the Health and Safety Code is amended to
read:
   116380.  (a) In addition to the requirements set forth in Section
116375, the regulations adopted by the department pursuant to Section
116375 shall include requirements governing the use of
point-of-entry and point-of-use treatment by public water systems in
lieu of centralized treatment where it can be demonstrated that
centralized treatment is not immediately economically feasible,
limited to the following:
   (1) Water systems with less than 200 service connections.
   (2) Usage allowed under the federal Safe Drinking Water Act and
its implementing regulations and guidance.
   (3) Water systems that have submitted preapplications with the
State Department of Public Health for funding to correct the
violations for which the point-of-use treatment is provided.
   (b) The department  may develop criteria  
shall adopt emergency regulations  governing the permitted use
of point-of-use treatment by public water systems in lieu of
centralized  treatment. These criteria shall not be subject
to   treatment. 
    (1)     The emergency regulations shall
comply with Section 116552, and shall comply with all of the
requirements set forth in subdivision (a) applicable to nonemergency
regulations, but shall not be subject to the rulemaking provisions of
 the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
 Code) and shall be subject to the following limitations:
  Code). The emergency regulations shall take effect
when filed with the Secretary of State, and shall be published in the
California Code of Regulations. 
   (1) 
    (2)  The  department may utilize these criteria
  emergency regulations adopted pursuant to this
subdivision shall remain in effect  until the earlier of January
1, 2014, or the effective date of regulations adopted pursuant to
 this section   subdivision (a)  . 

   (2) The department shall publish the criteria on its Internet Web
site and shall provide the opportunity for public review and comment,
including at least one public hearing conducted upon no fewer than
20 days' notice. 
   (3) The criteria shall incorporate the limitations described in
paragraphs (1) to (3), inclusive, of subdivision (a). 

   (4) The criteria shall incorporate the public hearing required
under Section 116552. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to ensure the quality of drinking water relating to
point-of-use treatment, it is necessary that this act take effect
immediately.