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AB-2560 Water quality: notification levels and response levels: procedures.(2019-2020)

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Date Published: 10/02/2020 02:00 PM
AB2560:v93#DOCUMENT

Assembly Bill No. 2560
CHAPTER 350

An act to add Section 116456 to the Health and Safety Code, relating to water quality.

[ Approved by Governor  September 30, 2020. Filed with Secretary of State  September 30, 2020. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2560, Quirk. Water quality: notification levels and response levels: procedures.
The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the state. The act requires the state board to adopt drinking water standards for contaminants in drinking water based upon specified criteria and requires any person who owns a public water system to ensure that the system, among other things, complies with those drinking water standards.
The act requires a public water system to provide prescribed notices within 30 days after it is first informed of a confirmed detection of a contaminant found in drinking water delivered by the public water system for human consumption that is in excess of a maximum contaminant level, a notification level, or a response level established by the state board.
This bill would require the state board to comply with specified public notice and comment procedures when establishing or revising a notification level or response level, except as specified for a contaminant that the Division of Drinking Water of the state board finds presents the potential for imminent harm to public health and safety.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 116456 is added to the Health and Safety Code, to read:

116456.
 (a) When establishing or revising a notification level or response level, the state board shall do all of the following:
(1) Electronically post on its internet website and distribute through email a notice informing interested persons that the state board has initiated the development or revision of a notification level or response level.
(2) Electronically post on its internet website and distribute through email a notice that a proposed notification level or response level is available. The notice shall include an electronic link to an internet webpage where the proposed level can be viewed electronically along with the complete study or studies or an electronic link to the complete study or studies, and the notification level recommendations document provided to the state board by the Office of Environmental Health Hazard Assessment, if applicable, that were used to establish the level. The state board shall not make available or provide an electronic link to a study that is not subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). The notice shall indicate whether the study or studies were peer reviewed and whether only one study was used. Notice and document availability shall occur at least 30 days before the meeting required pursuant to paragraph (3).
(3) Before a proposed notification level or response level is finalized, include, as an informational item, the proposed notification level or response level at a regularly noticed meeting of the state board.
(b) If the Division of Drinking Water of the state board finds that a contaminant presents the potential for imminent harm to public health and safety, paragraph (3) of subdivision (a), and the requirement to publish the proposed level and the 30-day deadline for the notice and document availability requirement in paragraph (2) of subdivision (a), shall not apply to the establishment or revision of the notification level or response level for the contaminant. At the time the notification level or response level is established or revised, the division shall post the information specified in paragraph (2) of subdivision (a) and any other information supporting its finding that the contaminant presents the potential for imminent harm to public health and safety. Within 45 days of establishing or revising the notification level or response level, the state board shall include, as an informational item, the notification level or response level at a regularly noticed meeting of the state board.