Bill Text: CA AB2056 | 2011-2012 | Regular Session | Amended
Bill Title: Drinking water: point-of-use treatments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-07-02 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB2056 Detail]
Download: California-2011-AB2056-Amended.html
BILL NUMBER: AB 2056 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2012
AMENDED IN ASSEMBLY MARCH 27, 2012
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 23, 2012
An act to amend Section 116380 of, and to add Section
116380.1 to, 116552 of the Health and Safety
Code, relating to drinking water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2056, as amended, Chesbro. Drinking water:
point-of-entry and point-of-use treatments.
Existing law, the California Safe Drinking Water Act, provides for
the operation of public water systems, and requires a person to
submit an application to the State Department of Public Health
to adopt regulations allowing public water systems to use
point-of-entry and point-of-use treatment instead of centralized
treatment in specified situations, including if the use of
centralized treatment is not economically feasible and if the water
system has submitted a preapplication with the department for funding
to correct violations for which the point-of-entry and point-of-use
treatment is provided and receive a permit
to operate a public water system. Existing law prohibits the
department from issuing a permit to a public water system or amending
a valid existing permit to allow the use of point-of-use treatment
unless the department determines, after conducting a public hearing,
that there is no substantial community opposition to the installation
of point-of-use treatment devices. Existing law provides that the
issuance of a permit under this provision shall be limited to not
more than 3 years or until funding for centralized treatment is
available, whichever occurs first .
This bill would specifically authorize water systems with less
than 20 connections to use point-of-entry and point-of-use treatment
by public water systems in lieu of centralized treatment.
This bill would require the department to allow public water
systems serving 20 or less residential connections to continue the
use of point-of-use treatment beyond the 3 year maximum. This bill
would authorize the applicant to use available census tract data to
demonstrate median household income if the department requires a
demonstration of economic feasibility for public water systems
serving 20 or less residential connections.
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 116552 of the Health
and Safety Code is amended to read :
116552. (a) The department shall not issue
a permit to a public water system or amend a valid existing permit to
allow the use of point-of-use treatment unless the department
determines, after conducting a public hearing in the community served
by the public water system, that there is no substantial community
opposition to the installation of point-of-use treatment devices.
The Except as specified in subdivision (b),
the issuance of a permit pursuant to this section shall be
limited to not more than three years or until funding for centralized
treatment is available, whichever occurs first.
(b) For public water systems serving 20 or less residential
connections, the department shall allow continued use of point-of-use
treatment beyond the three year maximum specified in subdivision
(a).
(c) If the department requires a demonstration of economic
feasibility for public water systems serving 20 or less residential
connections, the applicant may use available census tract data to
demonstrate median household income.
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, the 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 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 the earlier of January 1, 2014, or the
effective date of regulations adopted pursuant to subdivision (a).
(c) This section shall not apply to a water system described in
Section 116380.1.
SEC. 2. Section 116380.1 is added to the Health
and Safety Code, to read:
116380.1. Notwithstanding any other law, water systems with less
than 20 connections may use point-of-entry and point-of-use treatment
by public water systems in lieu of centralized treatment.
