BILL NUMBER: AB 1109 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 18, 2011
An act to amend Section 116380 of the Health and Safety Code,
relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1109, as amended, Chesbro. Drinking water: point-of-use
devices.
Existing law, the California Safe Drinking Water Act, provides for
the operation of public 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, as provided. Existing law
also requires the department to adopt emergency regulations governing
the permitted use of point-of-entry and point-of-use treatment by
public water systems in lieu of centralized treatment.
Existing law authorizes the department to develop limited emergency
regulations governing the permitted use of point-of-entry and
point-of-use treatment by public water systems in lieu of
centralized treatment and requires that these emergency regulations
remain in effect until the earlier of January 1, 2014, or the
effective date of the required nonemergency regulations. Existing law
limits these regulations to public water systems with less than 200
service connections.
This bill would make technical, nonsubstantive changes to these
provisions.
This bill would, instead, limit these regulations to public water
systems with less than 2,500 service connections and would permit the
emergency regulations to remain in effect until the earlier of
January 1, 2016, or the effective date of the required nonemergency
regulations.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116380 of the Health and Safety Code is amended
to read:
116380. (a) In addition to the requirements set forth in Section
116375, 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 200 500
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-entry and point-of-use treatment is
provided.
(b) The department shall adopt emergency regulations governing the
permitted use of point-of-entry and point-of-use treatment by public
water systems in lieu of centralized 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). The emergency
regulations shall take effect when filed with the Secretary of State,
and shall be published in the California Code of Regulations.
(2) The emergency regulations adopted pursuant to this subdivision
shall remain in effect until January 1, 2014
2016 , or the effective date of nonemergency
regulations adopted pursuant to subdivision (a), whichever is
earlier.