BILL ANALYSIS
AB 2515
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 2515
AUTHOR: V.M. Perez
AMENDED: April 29, 2010
FISCAL: Yes HEARING DATE: June 28, 2010
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : SAFE DRINKING WATER ACT
SUMMARY :
Existing law , under the California Safe Drinking Water Act:
1) Requires regulations adopted under the Act 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 it can be demonstrated that
centralized treatment is not immediately economically
feasible and is limited to: a) less than 200 service
connections, b) use allowed under the Act's implementing
regulations, and c) water systems that have submitted
preapplications with the Department of Public Health (DPH)
for funding to correct the violations for which the
point-of-use treatment is provided. (Health and Safety
Code 116380).
2) Prohibits DPH from issuing a permit to a public water
system or amending a valid existing permit allowing the use
of point-of-use treatment unless DPH determines, after
conducting a public hearing in the community served by the
public water system, that there is no substantial community
opposition to installation of point-of-use treatment
devices. Issuance of a permit allowing point-of-use
treatment must be limited to not more than three years or
until funding for centralized treatment is available,
whichever occurs first. (116552).
This bill :
1) Authorizes DPH to develop criteria that is not subject to
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the Administrative Procedure Act governing point-of-use
treatment by a public water system, in lieu of centralized
treatment, with the following requirements: a) DPH may use
this criteria until the earlier of January 1, 2014, or the
effective date of regulations point-of-use regulations,
whichever is earlier; b) DPH must publish criteria on its
Internet website and must provide opportunity for public
review and comment; c) criteria must comply with the three
requirements under current law (#1 above); and d) criteria
must incorporate the public hearing requirement of 116552
(i.e., other provisions of 116552 relating to community
opposition to the devices and the term of the permit would
not apply).
2) Contains legislative intent relating to groundwater
contamination and access to safe drinking water in the
Coachella Valley (Riverside County).
COMMENTS :
1) Purpose of Bill . Assemblymember V.M Perez indicates that
numerous mobilehome park residents in East Coachella Valley
contacted his office regarding serious drinking water
contamination and public health concerns, as well as issues
relating to the cost of purchasing bottled water for
drinking and cooking. The author notes that AB 1540
(Committee on Health) Chapter 298, Statutes of 2009,
requires DPH regulations to include requirements governing
the use of point-of-entry and point-of-use treatment by
public water systems in lieu of centralized treatment, but
that DPH indicates these regulations will take at least
three years to complete.
2) Background . AB 1540 (Committee on Health) Chapter 298,
Statutes of 2009, added requirements for DPH regulations to
include requirements governing point-of-use treatment.
Previously, this provision referred only to point-of-entry
treatment. AB 1540 set various conditions for these
requirements (see above). AB 2515, on the other hand,
allows criteria, rather than regulations, to be developed
by DPH, and does not include some of the requirements
contained in AB 1540, such as the requirement to consider
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opposition to point-of-use treatment and the three-year
permit limit.
3) Responding to concerns - clarification needed . Due to
DPH's schedule for adopting point-of-use regulations, and
the need for regulations to address drinking water problems
in Coachella Valley, amendments are needed: a) requiring
DPH to adopt emergency regulations (rather than developing
criteria) that comply with Health and Safety Code 116380
and 116552 and are in effect until the earlier of January
1, 2014, or the effective date of the non-emergency
regulations; b) exempting these emergency regulations from
the Administrative Procedure Act (given DPH concern about
the time involved in adopting emergency regulations and the
three-year effective term of the emergency regulations
under AB 2515); c) clarifying legislative intent relating
to Coachella Valley conditions; and d) adding an urgency
clause.
SOURCE : California Rural Legal Assistance Foundation,
Poder Popular of the Coachella Valley
SUPPORT : None on file
OPPOSITION : None on file