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AB-1109 Drinking water: point-of-use devices.(2011-2012)

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Amended  IN  Assembly  March 31, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1109

Introduced  by  Assembly Member Chesbro

February 18, 2011

An act to amend Section 116380 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1109, as amended, Chesbro. Drinking water: point-of-use devices.
Existing law, the California Safe Drinking Water Act, provides for the operation of public 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, as provided. Existing law also requires the department to 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. Existing law authorizes the department to develop limited emergency regulations governing the permitted use of point-of-entry and point-of-use treatment by public water systems in lieu of centralized treatment and requires that these emergency regulations remain in effect until the earlier of January 1, 2014, or the effective date of the required nonemergency regulations. Existing law limits these regulations to public water systems with less than 200 service connections.

This bill would make technical, nonsubstantive changes to these provisions.

This bill would, instead, limit these regulations to public water systems with less than 2,500 service connections and would permit the emergency regulations to remain in effect until the earlier of January 1, 2016, or the effective date of the required nonemergency regulations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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) In addition to the requirements set forth in Section 116375, 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 200 500 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 January 1, 2014 2016, or the effective date of nonemergency regulations adopted pursuant to subdivision (a), whichever is earlier.