Bill Text: CA AB434 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 434 (Prior Session Legislation)

Bill Title: Drinking water: point-of-entry and point-of-use treatment.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2015-10-09 - Chaptered by Secretary of State - Chapter 663, Statutes of 2015. [AB434 Detail]

Download: California-2015-AB434-Chaptered.html

BILL NUMBER: AB 434	CHAPTERED
	BILL TEXT

	CHAPTER  663
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2015
	APPROVED BY GOVERNOR  OCTOBER 9, 2015
	PASSED THE SENATE  AUGUST 31, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 1, 2015
	AMENDED IN SENATE  AUGUST 18, 2015
	AMENDED IN SENATE  JUNE 25, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015
	AMENDED IN ASSEMBLY  MARCH 19, 2015

INTRODUCED BY   Assembly Member Eduardo Garcia

                        FEBRUARY 19, 2015

   An act to amend Sections 116380 and 116552 of the Health and
Safety Code, relating to drinking water, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 434, Eduardo Garcia. Drinking water: point-of-entry and
point-of-use treatment.
   Existing law, the California Safe Drinking Water Act, imposes on
the State Water Resources Control Board various responsibilities and
duties relating to providing a dependable, safe supply of drinking
water. The act prohibits the state board 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 state board determines that
there is no community opposition to the installation of the treatment
device.
   This bill would require the state board to adopt regulations,
similar to those previously authorized for adoption by the State
Department of Public Health, governing the use of point-of-entry and
point-of-use treatment by a public water system in lieu of
centralized treatment where it can be demonstrated that centralized
treatment is not immediately economically feasible, with specified
limitations. The bill would also require the state board to adopt
emergency regulations governing the permitted use of point-of-use and
point-of-entry treatment by public water systems in lieu of
centralized treatment, as specified, and would require that these
emergency regulations remain in effect until the earlier of January
1, 2018, or the effective date of the required nonemergency
regulations. This bill would also prohibit the use of point-of-entry
treatment absent a state board determination of no community
opposition.
   This bill would declare that it is to take effect immediately as
an urgency statute.


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) The State Water Resources Control Board shall adopt
regulations 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 not prohibited by the federal Safe Drinking Water Act
and its implementing regulations and guidance.
   (3) Water systems that have submitted applications for funding to
correct the violations for which the point-of-entry and point-of-use
treatment is provided.
   (b) The State Water Resources Control Board 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, 2018, or the
effective date of regulations adopted pursuant to subdivision (a).
  SEC. 2.  Section 116552 of the Health and Safety Code is amended to
read:
   116552.  The State Water Resources Control Board shall not issue a
permit to a public water system or amend a valid existing permit to
allow the use of point-of-use or point-of-entry treatment unless the
State Water Resources Control Board 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 the treatment devices. 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.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure the quality of drinking water relating to
point-of-entry and point-of-use treatment, at the earliest possible
time, it is necessary that this act take effect immediately.