BILL ANALYSIS �
AB 2049
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Date of Hearing: March 25, 2014
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 2049 (Dahle) - As Introduced: February 20, 2014
SUBJECT : Drinking water treatment devices.
SUMMARY : Expands the authorization, from 200 connections to
500 connections, for small public water systems (PWS) to use
point-of-use (POU) and point-of-entry (POE) treatment in lieu of
centralized water treatment.
EXISTING LAW :
1)Under the federal Safe Drinking Water Act (SDWA), delegates
the authority of United States Environmental Protection Agency
(US EPA) to California to implement a drinking water program.
Requires California, as a primacy state (having federally
delegated authority), to enact laws and regulations related to
drinking water that conform to the federal SDWA and that are
no less stringent than the federal regulations.
2)Establishes the Drinking Water Program within the California
Department of Public Health (DPH) to regulate public drinking
water systems.
3)Provides for the use of POU and POE water treatment devices by
a PWS, if the PWS meets the following criteria:
a) The PWS has less than 200 service connections; and
b) The PWS has submitted pre-applications with DPH for
funding to correct the violations for which the POU
treatment is provided.
4)Prohibits DPH from issuing or amending a permit to allow the
use of POU treatment unless CDPH determines, after a public
hearing, that there is no substantial community opposition.
5)Limits the issuance of a permit for the use of POU treatment
to the lesser of three years or until funding for centralized
treatment is available.
FISCAL EFFECT : Not known.
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COMMENTS :
1)Need for the bill : According to the author, "Many rural
communities lack adequate drinking water infrastructure and
the resources necessary to provide safe drinking water.
Current law allows for up to 200 or fewer connections, this
bill increases the number of small water systems that can take
advantage of these cost effective interim options by
increasing the service connections to 500."
2)Small water system water quality problems : A recent report
issued by the State Water Resources Control Board
(Communities That Rely On A Contaminated Groundwater Source
For Drinking Water) found that from 2002-2010, 680 (out of
3,037) community water systems serving nearly 21 million
residents relied on a contaminated groundwater source affected
by one or more principal contaminants. A principal
contaminant is a chemical detected above a public drinking
water standard on two or more occasions during that cycle.
Some community water systems, however, cannot afford treatment
or lack alternative water sources, and have served water that
exceeds a public drinking water standard. Of the 680
community water systems that rely on a contaminated
groundwater source, 265 have served water that exceeded a
public drinking water standard during the most recent DPH
compliance cycle.
A review of the DPH small water systems program plan
identifies approximately 15 systems ranging in size from 200
to 500 connections - the size of drinking water systems
affected by this bill.
3)Alternatives to centralized treatment . A POU device treats
only potable water in a residential setting, and is usually
placed on, or near, the kitchen faucet. POE treatment is a
larger device that is situated between the building and the
water supply, thereby treating all water entering the
building.
The DPH safe drinking water regulations allow public water
systems to employ POU treatment devices as a means for
compliance with drinking water maximum contaminant levels
(MCL), provided certain criteria are met. POUs may not be
used for microbial contaminants, volatile organic chemicals,
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or radon. The criteria include:
a) The water system has fewer than 200 service connections;
b) The water system has demonstrated to DPH that
centralized treatment for the contaminant of concern is not
economically feasible within three years; and
c) The water system has demonstrated that centralized
treatment is not economically feasible.
According to DPH, a POU compliance program differs
fundamentally from a centralized treatment compliance program.
Under the POU program, the water system is required to install
a POU device that will treat only the water intended for
direct consumption, typically installed at a single tap such
as the kitchen sink. Centralized treatment treats all of the
water produced by the public water system. Since only a very
small percentage of the total water use is for direct
consumption, typically one to three percent, a POU compliance
program may result in significant cost savings for smaller
water systems.
4)SDWA allows POU treatment for small systems : The US EPA
defines "small community water systems" as systems serving
10,000 people or fewer. Recognizing that there is a spectrum
of needs within small water systems, US EPA evaluated
treatment technologies and their costs for three categories of
small systems: systems serving 25 to 500 people, systems
serving 501 to 3,300 people, and systems serving 3,301 to
10,000 people.
The 1996 amendments to the SDWA provided that POU and POE
units are a viable, low-cost treatment method for some small
water systems. The regulations require that POU and POE units
be owned, controlled, and maintained by the PWS or by a person
under contract with the PWS operator. This ensures proper
operation, maintenance, and compliance with the maximum
contaminant levels or treatment technique. The units must be
equipped with mechanical warnings so that customers are
automatically notified of operational problems. Only units
that have been independently certified according to American
National Standards Institute (ANSI) standards may be used as
part of a compliance strategy.
5)DPH emergency regulations : In 2010-11, DPH adopted Interim
POU and POE Regulations (CCR Title 22, Chapter 15, Articles
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2.5 and 2.7) that closely follow federal regulations, with
additional guidelines for economic feasibility testing. This
economic analysis requires that the community water system
provide to DPH information demonstrating the estimated cost of
centralized treatment in relation to the median household
income (MHI) of the community and average water bills.
The regulations outline additional requirements a water system
must meet when using a POU compliance program. Specifically,
the water system must:
a) Submit a pre-application for State funding (State
Revolving Fund, Proposition 50, and Proposition 84) to
correct the current MCL violation;
b) Develop and have approved a written monitoring program,
an operation and maintenance program, and a treatment
strategy;
c) Hold a public hearing and have no substantial community
opposition;
d) Show that centralized treatment is not economically
feasible; and
e) Ensure that the POU device be certified to meet the
relevant International/American National Standard Institute
(NSF/ANSI) standard for drinking water treatment units.
Related prior legislation :
AB 1540 (Committee on Health), Chapter 298, Statutes of 2009.
This bill updated California drinking water laws to maintain
California's federally designated authority to implement a
drinking water program that conforms to the federal SDWA. The
SDWA allows a PWS to use POU devices for water treatments to
meet drinking water standards. AB 1540 allows POU and POE
devices under California law.
AB 2515 (V. Manuel P�rez), Chapter 601, Statutes of 2010. This
bill provided an expedited process for DPH to establish criteria
for use of POU water treatment devices and authorizes DPH to
award grants for POE and POU treatment systems, provided that
the water system serves a severely disadvantaged community and
that the grant meets other existing requirements.
SB 962 (Anderson) 2012. Would have authorized expanded use of
POU and POE, from 200 connections to 500 connections, for small
public water systems in lieu of centralized water treatment. SB
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962 was held in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
None Received.
Opposition
None Received.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965