California Assembly Bill AB2515 Amended / Bill

 BILL NUMBER: AB 2515AMENDED BILL TEXT AMENDED IN SENATE JULY 1, 2010 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 amend Section 116380 of the Health and Safety Code, relating to drinking water  , and declaring the urgency thereof, to take effect immediately  . LEGISLATIVE COUNSEL'S DIGEST AB 2515, as amended, V. Manuel Perez.  Local government: environmental health departments.   Public water systems: point-of-use treatment.   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  make findings and declarations relating to groundwater contamination in Coachella Valley, and would  authorize the department to develop  criteria   emergency regulations  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   would require that these emergency regulations remain in effect  until the earlier of January 1, 2014, or the effective date of the required  nonemergency  regulations.  This bill would make findings and declarations relating to the groundwater contamination in the Coachella Valley.   This bill would declare that it is to take effect immediately as an urgency statute.  Vote:  majority   2/3  . Appropriation: no. Fiscal committee: 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   creating barriers to accessing safe drinking water  . (b) There are many limitations to providing the small, unincorporated communities in the Coachella Valley access to safe drinking water. 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: (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-use treatment is provided. (b) The department  may develop criteria   shall adopt emergency regulations  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   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) and shall be subject to the following limitations:   Code). The emergency regulations shall take effect when filed with the Secretary of State, and shall be published in the California Code of Regulations.  (1)   (2)  The  department may utilize these criteria   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  this section   subdivision (a)  .  (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.   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-use treatment, it is necessary that this act take effect immediately.