BILL ANALYSIS Ó
AB 938
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Date of Hearing: May 18, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 938 (V. Manuel Perez) - As Amended: May 4, 2011
Policy Committee: Environmental
Safety and Toxic Materials Vote: 6-3
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill makes requirements of notices of noncompliance with
drinking water standards issued by public water systems.
Specifically, this bill:
1)Requires such a notice to:
a) As of July 1, 2012, be in English, Spanish and the
language spoken by any non-English-speaking group that
exceeds 10% of persons served by the public water system.
b) Include a telephone number or address by which residents
may contact the system.
c) For each group that speaks a language other than English
or Spanish and that exceeds either 1,000 residents or 10%
of the persons served by the water system, include
information regarding the importance of the notice and a
telephone number or address where the water system will
provide either a translated copy of the notice or
assistance in the appropriate language.
2)Presumes that the notice has been properly given if the water
system has utilized data from the American Community Survey of
the United States Census Bureau and the county registrar.
3)Adds environmental documentation to the list of costs to be
considered when determining affordability using Department of
Public Health (DPH) criteria for Safe Drinking Water State
Revolving Fund funding.
AB 938
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FISCAL EFFECT
1)Absorbable costs to DPH to review notifications and
implementation.
2)Unknown costs to public water systems, which can be public or
private entities, to provide notice as required by this bill.
COMMENTS
1)Rationale . The author notes that existing regulations allow a
public water system to provide notice of noncompliance only in
English if the water system includes in the notice a telephone
number or address where the non-English-speaking residents may
obtain a translated copy of the notice. The author asserts
that public health is threatened when those receiving service
from a public water system cannot understand notices of
noncompliance sent by the water system.
2)Background. Public water systems, which can be either
publicly or privately owned, are those systems that regularly
supply drinking water to at least 25 people or 15 service
connections. In California, there are over 7,000 public water
systems, each of which is regulated and permitted by DPH.
These systems include both groundwater systems and surface
water systems and supply drinking water to the majority of
Californians.
Existing law requires DPH to permit a public water system that
demonstrates it can provide a reliable and adequate supply of
water at all times that is pure, wholesome, potable, and does
not endanger the health of consumers. A public water system
must notify users of contaminants found in water supplies, of
certain failures in water quality and water quality
monitoring, and of other imminent dangers to public health.
3)Support . This bill is supported by long list of social
justice, environmental groups and others who advocate for
access to clean water and for civil rights.
4)Opposition . The bill is opposed by the Association of
California Water Agencies (ACWA), the California Municipal
Utilities Association and other water associations and
providers who argue the notification requirements in the bill
will significantly increase public water system costs and
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delay notification of noncompliance with water violations.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081