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AB-756 Public water systems: perfluoroalkyl substances and polyfluoroalkyl substances.(2019-2020)

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Date Published: 04/24/2019 09:00 PM
AB756:v97#DOCUMENT

Amended  IN  Assembly  April 24, 2019
Amended  IN  Assembly  March 13, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 756


Introduced by Assembly Member Cristina Garcia

February 19, 2019


An act to amend Section 116455 of, and to add Sections 116378 and 116379 to, add Section 116378 to the Health and Safety Code, relating to drinking water.


LEGISLATIVE COUNSEL'S DIGEST


AB 756, as amended, Cristina Garcia. Public water systems: contaminants. perfluoroalkyl substances and polyfluoroalkyl substances.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. Under the California Safe Drinking Water Act, the implementing regulations are required to include, but are not limited to, monitoring of contaminants and requirements for notifying the public of the quality of the water delivered to customers.
This bill would require authorize the state board to order a public water system to monitor for perfluoroalkyl substances and polyfluoroalkyl substances. The bill would additionally require a public water system to publish and keep current on its internet website water quality information relating to regulated contaminants and to notify each customer on the customer’s next water bill and through email, as prescribed, of confirmed detections of specified excess contaminants.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 116378 is added to the Health and Safety Code, to read:

116378.
 A (a) The state board may order a public water system shall to monitor for perfluoroalkyl substances and polyfluoroalkyl substances. substances, in accordance with conditions set by the state board. A laboratory that has accreditation or certification pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 shall perform the analysis of any material required by an order to monitor for these substances. The order shall identify the analytical test methods to be used by laboratories and provide for the electronic submission of monitoring results to the state board.
(b) An order issued pursuant to subdivision (a) may apply to an individual public water system, specific groups of public water systems, or to all public water systems. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to an order issued pursuant to subdivision (a) to specific groups of public water systems or to all public water systems.

SEC. 2.Section 116379 is added to the Health and Safety Code, to read:
116379.

A public water system shall publish and keep current on its internet website water quality information relating to regulated contaminants in the public water system’s water.

SEC. 3.Section 116455 of the Health and Safety Code is amended to read:
116455.

(a)A public water system shall comply with the requirements of this section 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.

(1)If the public water system is a wholesale water system, then the person operating the wholesale water system shall notify the wholesale water system’s governing body and the water systems that are directly supplied with that drinking water. If the wholesale water system is a water company regulated by the Public Utilities Commission, then the wholesale water system shall also notify the commission. The commission, in the exercise of its general and specific powers to ensure the health, safety, and availability of drinking water served by the utilities subject to its jurisdiction, may order further action that is not inconsistent with the standards and regulations of the state board to ensure a potable water supply.

(2)If the public water system is a retail water system, then the person operating the retail water system shall notify the retail water system’s governing body and the governing body of any local agency whose jurisdiction includes areas supplied with drinking water by the retail water system. If the retail water system is a water company regulated by the Public Utilities Commission, then the retail water system shall also notify the commission. The commission, in the exercise of its general and specific powers to ensure the health, safety, and availability of drinking water served by the utilities subject to its jurisdiction, may order further action that is not inconsistent with the standards and regulations of the state board to ensure a potable water supply.

(3)Notwithstanding the 30-day requirement in this subdivision, a public water system shall notify each customer on the customer’s next water bill. The public water system shall, before the next water bill is scheduled to be sent out, request from each customer the customer’s email address and, if a customer submits an email address, notify that customer through email.

(b)The notification required by subdivision (a) shall identify the drinking water source, the origin of the contaminant, if known, the maximum contaminant level, response level, or notification level, as appropriate, the concentration of the detected contaminant, and the operational status of the drinking water source, and shall provide a brief and plainly worded statement of health concerns.

(c)For purposes of this section, the following terms have the following meanings:

(1)“Drinking water source” means an individual groundwater well, an individual surface water intake, or in the case of water purchased from another water system, the water at the service connection.

(2)“Local agency” means a city or county, or a city and county.

(3)“Notification level” means the concentration level of a contaminant in drinking water delivered for human consumption that the state board has determined, based on available scientific information, does not pose a significant health risk but warrants notification pursuant to this section. Notification levels are nonregulatory, health-based advisory levels established by the state board for contaminants in drinking water for which maximum contaminant levels have not been established. Notification levels are established as precautionary measures for contaminants that may be considered candidates for establishment of maximum contaminant levels, but have not yet undergone or completed the regulatory standard setting process prescribed for the development of maximum contaminant levels and are not drinking water standards.

(4)“Response level” means the concentration of a contaminant in drinking water delivered for human consumption at which the state board recommends that additional steps, beyond notification pursuant to this section, be taken to reduce public exposure to the contaminant. Response levels are established in conjunction with notification levels for contaminants that may be considered candidates for establishment of maximum contaminant levels, but have not yet undergone or completed the regulatory standard setting process prescribed for the development of maximum contaminant levels and are not drinking water standards.

(5)“Retail water system” means a public water system that supplies water directly to the end user.

(6)“Wholesale water system” means a public water system that supplies water to other public water systems for resale.