California Assembly Bill AB2515 Amended / Bill

 BILL NUMBER: AB 2515AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 29, 2010 AMENDED IN ASSEMBLY APRIL 8, 2010 INTRODUCED BY Assembly Member V. Manuel Perez FEBRUARY 19, 2010 An act to  add Section 116336 to   amend Section 116380 of  the Health and Safety Code, relating to drinking water. LEGISLATIVE COUNSEL'S DIGEST AB 2515, as amended, V. Manuel Perez. Local government: environmental health departments. Existing law authorizes local government agencies, in conjunction with other public entities, to organize and operate local public health services within their jurisdictional areas. These services may include implementing projects and policies pertaining to water conservation and water quality.  Existing law, the California Safe Drinking Water Act, provides for the operation of public drinking 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, where feasible.   This bill would authorize the department to develop criteria governing the permitted use of point-of-use treatment by public water systems in lieu of centralized treatment, as specified, and to utilize these criteria until the earlier of January 1, 2014, or the effective date of the required regulations.  This bill would make findings and declarations relating to the groundwater contamination in the Coachella Valley.  The bill would, until the department develops point-of-entry and point-of-use regulations as specified, allow the local environmental health department of Riverside County to authorize the use of point-of-entry or point-of-use treatment for community water systems serving residents of that county that are experiencing arsenic contamination at a level that exceeds the level allowed by the department's primary drinking water standards.   This bill would make legislative findings and declarations as to the necessity of a special statute for Riverside County.  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. The Legislature finds and declares both of the following: (a) The arsenic contamination groundwater problem in the southeastern Coachella Valley in Riverside County is largely naturally occurring and is getting progressively worse. (b) There are many limitations to providing the small, unincorporated communities in the Coachella Valley access to safe drinking water.  SEC. 2.   Section 116336 is added to the Health and Safety Code, to read: 116336. In addition to other actions allowed or required by this chapter and until the department develops point-of-entry and point-of-use regulations pursuant to Section 116380, the local environmental health department of Riverside County may authorize the use of point-of-entry or point-of-use treatment for community water systems serving residents of that county that are experiencing arsenic contamination at a level that exceeds the level allowed by the department's primary drinking water standards.   SEC. 3.   The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions affecting the safety of the drinking water in Riverside County.   SEC. 2.   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:  (a)   (1)  Water systems with less than 200 service connections.  (b)   (2)  Usage allowed under the federal Safe Drinking Water Act and its implementing regulations and guidance.  (c)   (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-use treatment is provided.  (b) The department may develop criteria governing the permitted use of point-of-use treatment by public water systems in lieu of centralized treatment. These criteria shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and shall be subject to the following limitations:   (1) The department may utilize these criteria until the earlier of January 1, 2014, or the effective date of regulations adopted pursuant to this section.   (2) The department shall publish the criteria on its Internet Web site and shall provide the opportunity for public review and comment, including at least one public hearing conducted upon no fewer than 20 days' notice.   (3) The criteria shall incorporate the limitations described in paragraphs (1) to (3), inclusive, of subdivision (a).   (4) The criteria shall incorporate the public hearing required under Section 116552.