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AB-3073 Wastewater testing: illicit substances.(2023-2024)

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Date Published: 03/22/2024 04:00 AM
AB3073:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3073

Introduced by Assembly Member Haney

February 16, 2024

An act to add Section 13192 to the Water Code, and repeal Chapter 6.64 (commencing with Section 25249.30) of Division 20 of the Health and Safety Code, relating to wastewater.


LEGISLATIVE COUNSEL'S DIGEST


AB 3073, as amended, Haney. Wastewater testing: illicit substances.
Existing law establishes the State Department of Public Health to implement various programs throughout the state relating to public health. The department administers the CDPH Wastewater Surveillance Network Dashboard that provides an overview of ​wastewater surveillance of SARS-CoV-2 in California. The dashboard includes wastewater samples collected and analyzed by the department, wastewater utilities, and academic, laboratory, and other partners across the state.
This bill would require the department, in consultation with participating wastewater treatment facilities, local public health agencies, and other subject matter experts, to create a pilot program to test for high-risk substances and related treatment medications in wastewater. Under the bill, the goal of the program would be to determine how wastewater data can be used by state and local public health programs to address substance abuse in California. The bill would require the department to develop a list of target substances to be analyzed during the program that may include cocaine, fentanyl, methamphetamine, xylazine, methadone, buprenorphine, and naloxone. The bill would require the department, on or before July 1, 2025, to solicit voluntary participation from local public health agencies and wastewater treatment facilities, as specified. The bill would require the department to work with the participating agencies and facilities to collect samples and to arrange for those samples to be tested by qualified laboratories. The bill would require the department, in consultation with public health agencies and subject matter experts, to analyze test results to determine possible public health interventions.
This bill would authorize the department to utilize external funding sources to complete the pilot program. The bill would create the Wastewater Testing for Illicit Substances Pilot Program Fund for the purpose of receiving moneys from grants or voluntary donations. The bill would require the department, on or before December 31, 2027, to report its findings and recommendations to the Legislature, as specified.
This bill would repeal these provisions on January 1, 2028.

Existing law requires the State Water Resources Control Board to classify types of wastewater treatment plants, as defined, for the purpose of determining the levels of competence necessary to operate them. Existing law requires a person who operates a nonexempt wastewater treatment plant to possess a valid, unexpired wastewater certificate of the appropriate grade.

This bill would require the state board to create a program to test for illicit substances, including, but not limited to, cocaine, fentanyl, methamphetamine, and morphine, in wastewater, as provided. The bill would require local sanitation agencies to collect wastewater sample for testing by the state board. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. The bill would require the state board to transmit the results of its wastewater testing to the State Department of Public Health for the department to post on its internet website.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Chapter 6.64 (commencing with Section 25249.30) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER  6.64. Wastewater Testing for Illicit Substances

25249.30.
 For purposes of this chapter, the following terms have the following definitions:
(a) “Department” means the State Department of Public Health.
(b) “Qualified laboratory” means a public or private laboratory with significant experience testing for high-risk substances in wastewater in accordance with national standards and industry best practices.

25249.31.
 (a) The department, in consultation with participating wastewater treatment facilities, local public health agencies, and other subject matter experts, shall create a pilot program to test for high-risk substances and related treatment medications in wastewater.
(b) The goal of the pilot program is to determine how wastewater data can be used by state and local public health programs to address substance abuse in California.

25249.32.
 The department shall develop all of the following:
(a) Protocols for implementing wastewater surveillance for high-risk substances, analyzing the data, and using results to inform decisionmaking of state and local public health officials.
(b) Objectives to ensure that data is collected and presented in a way that is ethical, protective of privacy considerations, considers environmental justice implications, and that achieve the goal of the pilot program.
(c) A list of target substances to be analyzed during the pilot program. Target analytes may include high-risk substances and their metabolites or other markers, including, but not limited to, cocaine, fentanyl, methamphetamine, xylazine, methadone, buprenorphine, and naloxone.

25249.33.
 (a) On or before July 1, 2025, the department shall solicit voluntary participation from local public health agencies and wastewater treatment facilities.
(b) To be eligible to participate, a local public health agency and wastewater treatment facility having jurisdiction over some or all of the same population shall both voluntarily agree to participate in the pilot program.
(c) The department shall aim to include in the program local public health agencies and wastewater treatment facilities that, in the aggregate, are representative of California demographics, include representation from large urban and small rural populations, and that are geographically diverse.

25249.34.
 (a) (1) The department shall work with the participating local public health agencies and wastewater treatment facilities to collect samples. The department shall arrange for those samples to be tested by qualified laboratories.
(2) The department, after ensuring that sufficient capacity exists for testing in the pilot program by qualified laboratories, shall identify reliable methods for laboratory testing.
(3) The department, in consultation with the participating local public health agencies and wastewater facilities, shall determine the frequency and timing of sampling under the pilot program, and may test different configurations to determine a program design that will provide timely information useful for public health agencies.
(b) Participating laboratories shall transmit the results of wastewater testing to the participating local public health agencies, and the department. Each jurisdiction, including county health agencies, shall receive its own results.
(c) The department, in consultation with participating local public health agencies and other subject matter experts, shall analyze test results to determine possible public health interventions.

25249.35.
 (a) The department may consult with or contract with other existing wastewater epidemiology projects or public health programs being conducted or previously completed by nonprofits, nongovernmental organizations, academic institutions, and other governmental entities to develop the program.
(b) The department shall provide laboratory services for purposes of this program, either through state-operated laboratories or through contract laboratories, free of charge to participating wastewater facilities. Laboratory services include the provision of sample kits and the shipping and laboratory analysis of samples.

25249.36.
 (a) In addition to the department’s existing funds, the department may utilize external funding sources to complete the pilot program. The department may solicit private donations or grants and may accept moneys donated by other wastewater epidemiology or opioid response programs.
(b) The Wastewater Testing for Illicit Substances Pilot Program Fund is hereby created for the purpose of receiving moneys from grants or voluntary donations to the fund from any person, educational institution, governmental entity, corporation or other business entity, or organization. All moneys in the fund are available, upon appropriation, to the department for the purposes of implementing this chapter.

25249.37.
 (a) The department, on or before December 31, 2027, shall submit a report to the Legislature stating the department’s findings and recommendations. If the department recommends that a permanent wastewater testing program or extension or expansion of the pilot be implemented, the department shall include in the report program parameters, anticipated benefits, and implementation costs for state and local agencies.
(b) The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

25249.38.
 This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.

SECTION 1.Section 13192 is added to the Water Code, to read:
13192.

(a)(1)The state board shall create a program to test for illicit substances in wastewater.

(2)The State Department of Public Health shall advise the state board on what illicit substances to test for, including, but not limited to, cocaine, fentanyl, methamphetamine, and morphine.

(b)The state board, in consultation with other jurisdictions operating wastewater drug testing programs in the United States and abroad, shall develop uniform standards for testing.

(c)Local sanitation agencies shall collect wastewater samples for testing by the state board.

(d)Testing may include testing for the substances, their metabolites, or other markers.

(e)Testing shall occur twice a week, with one test on a weekday and one on a weekend, or more frequently, as determined by the state board in consultation with the State Department of Public Health.

(f)The state board shall transmit the results of its wastewater testing to the State Department of Public Health which shall post the results on its internet website.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.