BILL ANALYSIS
AB 2669
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 2669
AUTHOR: V. Manuel Perez
AMENDED: August 18, 2010
FISCAL: Yes HEARING DATE: August 19,
2010
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : REGULATORY REQUIREMENTS
SUMMARY :
Existing law :
1) Under the Safe Drinking Water State Revolving Fund Law of
1997:
a) Sets the maximum "planning grant" for a participating
public water system's costs for planning, engineering
studies, environmental documentation, and design of a
project at no more than $500,000. Maximum amounts are
also set for construction grants.
b) Requires total funding for planning, engineering
studies, project design, and construction costs, whether
in the form of a loan or grant, to be determined by an
assessment of affordability using criteria established
by the Department of Public Health (DPH).
2) Under the California Safe Drinking Water Act, requires
public water system operators to provide public notice to
users under certain circumstances (e.g., failure to comply
with any primary drinking water standard that represents an
imminent danger to water system users, local health
department recommends notice for users to avoid internal
consumption of the water supply and to use bottled water
due to a chemical contamination problem that may pose a
health risk).
As approved by the Committee , under the Safe Drinking Water
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State Revolving Fund Law of 1997, adds environmental
documentation to the list of costs to be determined by an
assessment of affordability using DPH criteria.
Senate Floor amendments , under the California Safe Drinking
Water Act, require public water system operator notices given
in accordance with the above requirements to also:
1) Be provided in English and in the language spoken by any
non-English speaking group that exceeds 1,000 residents, or
that exceeds 10% of residents served, whichever is less.
2) Contain: a) a telephone number or address where residents
may contact the public water system for assistance,
including but not limited to oral interpretation of the
notice in the appropriate language; and b) a telephone
number where residents may contact the local health
department for more information in the appropriate
language.
COMMENTS :
1) Purpose of Bill . According to the author, AB 2669 as heard
by the committee June 28, 2010, "ensures that DPH considers
environmental documentation costs when determining funding
based on DPH criteria."
The author notes with regard to the most recent amendments,
"Public notification to residents regarding contaminated
drinking water is necessary to prevent illness and disease
and protect public health. However, when a public water
system sends a public notification only in English to a
non-English speaking community, the risks to public health
persist. If public notices are not provided in the
language spoken by the impacted community, residents may
not know that the water in their homes is unsafe and what
precautions are necessary to protect the health and safety
of their family."
2) AB 2669 referred to Committee under Senate Rule 29.10 . As
approved by the Committee June 28, 2010 (7-0), AB 2669 made
a clarifying amendment to the Safe Drinking Water State
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Revolving Fund Law of 1997.
Senate Floor amendments broadened this bill to revise certain
public water system notice requirements under the Safe
Drinking Water State Revolving Fund Law of 1997.
Regulations currently require public notice to "contain
information in Spanish regarding the importance of the
notice, or contain a telephone number or address where
Spanish-speaking residents may contact the water system to
obtain a translated copy of the public notice or assistance
in Spanish." This regulatory requirement similarly applies
to each non-English speaking group other than
Spanish-speaking that exceeds 1,000 residents or 10% of the
residents in the community served, whichever is less. (22
Cal. Code of Regs. 66465).
The author wants to place public water system operator public
notice requirements in statute due to concerns about the
adequacy of current regulatory notice requirements and the
length of time expected to revise current regulations.
Under AB 2669, the public notice would be given to
non-English speaking groups (including Spanish-speaking
groups) exceeding the thresholds, so Spanish-speaking
groups would no longer receive the notice in all cases as
provided in regulations. However, a public notice required
under AB 2669 would be provided in the applicable language,
while also providing a telephone number for non-English
speaking groups to receive additional specified
information.
SOURCE : Assemblymember V. Manuel Perez
SUPPORT : None on file
OPPOSITION : None on file