California Assembly Bill AB2056 Latest Draft

 BILL NUMBER: AB 2056AMENDED 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.