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SB-996 State Water Resources Control Board: Constituents of Emerging Concern Program.(2019-2020)

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Date Published: 04/01/2020 09:00 PM
SB996:v98#DOCUMENT

Amended  IN  Senate  April 01, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 996


Introduced by Senator Portantino
(Coauthor: Assembly Member Voepel)

February 13, 2020


An act to add Article 3.6 (commencing with Section 116416) to Chapter 4 of Part 12 of Division 104 of the Health and Safety Code, relating to drinking water.


LEGISLATIVE COUNSEL'S DIGEST


SB 996, as amended, Portantino. State Water Resources Control Board: Constituents of Emerging Concern Program.
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. The state board’s duties include, but are not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable and safe supply of drinking water, enforcing the federal Safe Drinking Water Act, and adopting and enforcing regulations.
This bill would require the state board to establish by an unspecified date and then maintain establish, maintain, and direct an ongoing, dedicated program called the Constituents of Emerging Concern Program to support and conduct research to develop information and, if necessary, provide recommendations to the state board assess the state of information and recommend areas for further study on constituents of emerging concern in drinking water that may pose risks to public health. The bill would require the state board to establish the Stakeholder Advisory Group and and, by an unspecified date, the Science Advisory Panel, both as prescribed, to assist in the gathering and development of information for the program, among other functions. The bill would require the program to provide opportunities for public participation, including conducting stakeholder meetings and workshops to solicit relevant information and feedback for development and implementation of the program.
This bill would establish in the State Treasury the CEC Action Fund, which, upon appropriation by the Legislature, would be administered by the state board to support and pay the costs associated with the establishment and implementation of the program, as specified.
This bill would authorize the state board to promulgate regulations pursuant to which the state board’s Division of Financial Assistance may board, upon appropriation by the Legislature, to provide financial assistance to any public water system upon a showing that the costs of testing drinking water in compliance with this act monitoring requirements based on the recommendations of the panel would impose a financial hardship, with eligibility preference given to public water systems serving fewer than 10,000 individuals. individuals and located in disadvantaged communities.
This bill would make legislative findings and declarations regarding constituents of emerging concern and the need for the program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The United States Environmental Protection Agency identifies potential contaminants through the federal Unregulated Contaminant Monitoring Rule program.
(b) California adopts federally required monitoring from the federal Unregulated Contaminant Monitoring Rule program.
(c) California establishes drinking water standards through the State Water Resources Control Board, after the Office of Environmental Health Hazard Assessment establishes a public health goal.
(d) California administratively establishes notification levels and response levels as precautionary measures for contaminants that have not yet undergone or completed the regulatory standard setting process.
(e) The process to identify, monitor, and consider a contaminant for regulation may take many years.
(f) Analytical methods and technologies continue to advance and allow detection of compounds at increasingly lower levels.
(g) The public’s concern and engagement with constituents of emerging concern has increased in recent years.
(h) The Legislature has implemented separate requirements for certain chemicals.
(i) A unified, consistent, and science-based approach framework is desired to more rapidly assess the public health and drinking water consequences of a broad spectrum of constituents of emerging concern.
(j) Proactive measures to support existing regulatory processes are needed without interfering with or duplicating other state efforts on constituents of emerging concern.
(k) Paragraph (1) of subdivision (b) of Section 116350 of the Health and Safety Code gives the State Water Resources Control Board the responsibility to conduct research relating to the provision of a dependable, safe supply of drinking water.
(l) A Constituents of Emerging Concern Action Fund should be established to maintain a program to improve the timeliness of understanding the occurrence and public health effects of constituents of emerging concern and to support the creation of a science advisory panel to assist the State Water Resources Control Board in its considerations for prioritizing and making regulatory determinations for constituents of emerging concern.
(m) A stakeholder advisory group should be created to advise the State Water Resources Control Board in establishing the science advisory panel and implementing a constituents of emerging concern program.

SEC. 2.

 Article 3.6 (commencing with Section 116416) is added to Chapter 4 of Part 12 of Division 104 of the Health and Safety Code, to read:
Article  3.6. Constituents of Emerging Concern Program

116416.
 (a)The state board shall establish and maintain establish, maintain, and direct an ongoing, dedicated program called the Constituents of Emerging Concern Program to conduct the following research on constituents of emerging concern in drinking water: assess the state of information, and recommend areas for further study, on the following:

(1)Occurrence.

(a) Occurrence of constituents of emerging concern in drinking water sources and treated drinking water.

(2)

(b) Fate, transport, and biodegradation. biodegradation of constituents of emerging concern.

(3)

(c) Water treatment and laboratory analyses.

(4)

(d) The potential effects on public health of constituents of emerging concern in drinking water sources and treated drinking water.

(b)For purposes of this section:

(1)“Drinking water sources” include, but are not limited to, surface water, groundwater, recycled water, stormwater, and desalinated seawater.

(2)“Research” includes evaluating cumulative risks from simultaneous exposure of multiple contaminants in drinking water.

116417.
 The following definitions apply to terms when used in this article:
(a) “CEC” means constituent or constituents of emerging concern.
(b) “Panel” means the Science Advisory Panel, as established in Section 116418.
(c) “Group” means the Stakeholder Advisory Group, as established in Section 116423.

116418.
 (a) The state board shall convene by ____ a Science Advisory Panel for constituents of emerging concern in drinking water sources and treated drinking water.
(b) The panel shall include at least seven members comprised of experts from the fields of public health science, water and wastewater engineering, toxicology, epidemiology, chemical sciences, and biological sciences.
(c) The state board shall consult with the Stakeholder Advisory Group on potential members of the panel.
(d) The panel shall review and provide recommendations to the state board on constituents of emerging concern for further action.
(e)  The state board may adjust panel membership numbers and composition, as necessary.

116419.
 (a) The panel’s advisory duties shall may include all of the following: following activities, in consultation, as needed, with the Office of Environmental Health Hazard Assessment and the Department of Toxic Substances Control:

(a)In conjunction with the state board’s Division of Drinking Water, review

(1) Review existing nationwide monitoring data for constituents of emerging concern collected by the United States Environmental Protection Agency’s Unregulated Contaminant Monitoring Rule Program program and recommend to the state board additional action, coordination, monitoring, or study based on state-specific conditions and the state’s constituent of emerging concern initiatives. The panel should also review existing data collected by the state board before recommending new monitoring requirements.

(b)In conjunction with the state board’s Division of Drinking Water, consult with the Office of Environmental Health Hazard Assessment and the Department of Toxic Substances Control to identify

(2) Identify CEC candidates based on potential public health effects and considering the following factors: effects.

(1)Toxicity.

(2)Biological activity.

(3)Production volume.

(4)Fate, transport, and occurrence in the environment.

(5)Potential bioaccumulation.

(c)Consult and coordinate with

(3) Incorporate recommendations from other ongoing state efforts evaluating CEC such as those resulting from the state board’s Policy for Water Quality Control for Recycled Water. Water, as applicable.

(d)Develop a recommended process for evaluating, standardizing,

(4) Evaluate and recommend a framework for standardizing and validating detection methods. methods, new screening methods, monitoring approaches, and reporting procedures for CEC.

(e)Evaluate new monitoring approaches for CEC, particularly screening methods that may improve detection ability or reduce the cost of monitoring for individual or groupings of CEC.

(f)Develop recommended standard testing and reporting procedures to ensure data are usable across locations, laboratories, and personnel.

(g)Develop a recommended

(5) Recommend a framework for a risk-based screening program that identifies and evaluates for CEC and appropriate indicators and surrogates, including surrogates that consider their occurrence in drinking water sources and treated drinking water supplies, contribution and fate in the environment, and potential for human exposure. Public water systems, state small water systems, and wastewater treatment plants may voluntarily participate in initial screening phases.

(h)

(6) Provide annual status reports to the state board on current CEC research activities, planned work, and recommendations for further action.

(i)Establish a recommended

(7) Recommend a process to ensure CEC data are integrated with existing state databases.

(j)

(8) Review the results of any screening program and provide recommendations to assist the state board in prioritizing, monitoring, and making regulatory determinations for CEC.
(b) Nothing in this section shall duplicate, change, or interfere with ongoing efforts undertaken by the panel on CEC in recycled water.

116420.

The state board shall perform any other scientific or technical tasks that may be necessary, including, but not limited to, identifying the need for additional research and consulting with academic institutions and research organizations for CEC in drinking water sources and treated drinking water, as needed. The state board may consult with the panel before performing these tasks.

116420.5.
 If the state board imposes any CEC monitoring requirements based on the recommendations of the panel, the state board may promulgate regulations pursuant to which the state board’s Division of Financial Assistance may provide financial assistance, upon appropriation by the Legislature, provide financial assistance, upon an appropriation by the Legislature for such purposes, to any public water system upon a showing that the costs associated with testing drinking water in compliance with those requirements would impose a financial hardship. The regulations shall, when prioritizing public water systems for eligibility for financial assistance, incorporate provisions that give preference to public water systems serving fewer than 10,000 individuals. Priority shall be given to public water systems serving fewer than 10,000 individuals and located in disadvantaged communities.

116421.
 The program is intended to help inform the state board in making regulatory determinations for CEC and is not intended to supersede any requirements related to setting a maximum contaminant level or a public health goal as prescribed in Section 116365.

116422.
 (a) The CEC Action Fund is hereby established in the State Treasury to fund, upon appropriation by the Legislature, the establishment and maintenance of an ongoing, dedicated program at the state board to research occurrence, fate, transport, biodegradation, and the potential effects on public health of constituents of emerging concern in drinking water sources and treated drinking water. Treasury. The state board shall administer the CEC Action Fund in consultation with the group. Fund.
(b) All moneys deposited in the CEC Action Fund shall be used used, upon appropriation by the Legislature, in support of all of the following:
(1) Costs associated with establishing and maintaining the panel, developing standardized methods and a risk-based screening program, collecting occurrence data, and reporting on those activities.
(2) Costs associated with developing standardized analytical methods internally by the state board or through external contracts or grants.
(3) Costs associated with contracts or grants to public or private external research organizations to fill research gaps pursuant to Section 116420.
(4) Costs associated with establishing and maintaining the group.
(5) Other state board costs associated with the implementation and administration of the program.
(c) All moneys remitted to the state board under this section shall be deposited in the CEC Action Fund. The state board shall provide for the deposit into the CEC Action Fund of federal contributions, voluntary contributions, gifts, grants, bequests, transfers by the Legislature from the General Fund, and funding from authorized general obligation bond acts.

(d)The state board may expend appropriated moneys from the fund for reasonable costs associated with the administration of this article, not to exceed 5 percent of the annual deposits into the fund.

116423.
 (a) The state board shall convene and consult with the Stakeholder Advisory Group to aid in meeting the purposes of the program.
(b) The group shall provide input to the state board on matters associated with the program, including, but not limited to, selection of panel members, research needs, program funding and expenditures, implementation strategies, and risk communication.
(c) In order to ensure public transparency, the group shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The group shall be comprised of no fewer than nine members, meet at least annually, and represent broad stakeholder interests. Each member shall qualify as a representative of at least one of the following groups:
(1) Public water and wastewater systems.
(2) Local Public health agencies, including those delegated as local primacy agencies.
(3) Investor-owned utilities.
(4) Nongovernmental organizations.
(5) Trade associations.
(6) Residents The general public, including residents served by community water systems in disadvantaged communities, state small water systems, or domestic wells.

(7)Academic institutions.

(8)Public health agencies.

(9)

(7) The business community.

(10)

(8) Environmental laboratories.

(11)The general public.

116423.5.
 The program shall provide opportunities for public participation. The state board may use models used by other panels or programs administered by the state board for community outreach pursuant to this section. Public participation shall include, but not be limited to, conducting stakeholder meetings and workshops to solicit relevant information, data, suggestions, and feedback for the development and implementation of the program.