BILL ANALYSIS
AB 2515
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Date of Hearing: May 19, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2515 (V. Manuel Perez) - As Amended: April 29, 2010
Policy Committee: Environmental
Safety and Toxic Materials Vote: 9-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill authorizes the Department of Public Health (DPH) to
conduct an expedited process to temporarily allow point-of-use
drinking water treatment systems. Specifically, this bill:
1)Authorizes DPH to adopt criteria, not subject to the
Administrative Procedures Act (APA), to permit point-of-use
drinking water treatment systems.
2)Limits use of any such criteria as follows:
a) DPH may use the criteria until January 1, 2014, or until
DPH's regulations on point-of-use drinking water treatment
systems take effect, whichever is earlier.
b) DPH must publish the criteria on its Web site and
provide opportunity for public review and comment,
including at least one public hearing.
c) The criteria incorporates current-law limitations on
DPH's regulation of point-of-use drinking water treatment
systems: (i) to be used for a water systems with less than
200 service connections, (ii) the use is allowed under the
federal Safe Drinking Water Act, and (iii) the water system
has submitted preapplications with DPH for funding to
correct the violations the point-of-use treatment is to
address.
FISCAL EFFECT
Minor, absorbable costs to DPH.
AB 2515
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COMMENTS
1)Rationale . The author describes this bill as an attempt to
help the small, generally low-income residents of eastern
Coachella Valley. Most area residents lack clean drinking
water, the author reports, because the area's groundwater is
contaminated by naturally-occurring arsenic. The author
contends point-of-use drinking water treatment systems may be
appropriate for many living in the region. Residents cannot
employ these systems, the author continues, because DPH has
yet to adopt regulations permitting their use. The author
intends this bill to provide an expedited process that
temporarily allows use such point-of-use systems until DPH
issues regulations governing their use.
2)Background .
a) Regulation of Drinking Water . In California, two state
entities-the Office of Environmental Health Hazard
Assessment (OEHHA) and DPH-are responsible for assuring
that the state's drinking water is safe, pure, and potable.
OEHHA scientifically assesses the risks to human health
posed by contaminants that may be found in the state's
public drinking water systems and that are regulated, or
proposed to be regulated, under DPH's safe drinking water
regulatory program. Based on that scientific assessment,
OEHHA adopts contaminant-specific goals that specify, based
solely on public health considerations, the maximum levels
of concentration at which various contaminants can be found
in drinking water without adversely affecting human health.
DPH manages the risk to human health identified in OEHHA's
health goals by setting primary drinking water standards.
In this way, OEHHA's public health goals form the
scientific basis of DPH's regulation of drinking water to
ensure public health and safety.
Current law directs DPH to adopt regulations 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. Use of such systems is
to be limited to the following:
AB 2515
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(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 to DPH for funding to correct the
violations for which the point-of-use treatment is
provided.
DPH has yet to adopt regulations governing point-of-entry
and point-of-use treatment by public water systems.
b) Administrative Procedures Act . The Administrative
Procedure Act (APA) establishes rulemaking procedures and
standards for California state agencies. APA requirements
are designed to provide the public with a meaningful
opportunity to participate in the adoption of state
regulations and to ensure that regulations are clear,
necessary and legally valid. Arguably, APA requirements
lengthen the rulemaking process.
3)Supporters include California Rural Legal Assistance
Foundation and Poder Popular of the Coachella Valley.
4)There is no registered opposition to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081