(1)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 projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells. Existing law makes certain violations of the act a misdemeanor.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or an order by a local health officer pursuant to these provisions, is a misdemeanor.

This bill would require a public water system to implement a cross-connection control program that complies with, and would require the certification program to be consistent with, applicable regulations and the standards described in (2).

(2)Existing regulations establish standards for a backflow prevention device and cross-connection control.

This bill, on or before January 1, 2020, would require the state board to adopt standards for backflow protection and cross-connection control and would authorize the state board to do so through the adoption of a policy handbook, as specified. By authorizing the state board to adopt standards, the violation of which would be a crime, the bill would create a new crime and impose a state-mandated local program.

(3)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 no reimbursement is required by this act for a specified reason.

(1)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 projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells. Existing law makes certain violations of the act a misdemeanor.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or an order by a local health officer pursuant to these provisions, is a misdemeanor.

This bill would require a public water system to implement a cross-connection control program that complies with, and would require the certification program to be consistent with, applicable regulations and the standards described in (2).

(2)Existing regulations establish standards for a backflow prevention device and cross-connection control.

This bill, on or before January 1, 2020, would require the state board to adopt standards for backflow protection and cross-connection control and would authorize the state board to do so through the adoption of a policy handbook, as specified. By authorizing the state board to adopt standards, the violation of which would be a crime, the bill would create a new crime and impose a state-mandated local program.

(3)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 no reimbursement is required by this act for a specified reason.

(1)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 projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells. Existing law makes certain violations of the act a misdemeanor.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or an order by a local health officer pursuant to these provisions, is a misdemeanor.

(2)Existing regulations establish standards for a backflow prevention device. device and cross-connection control.

This bill, on or before January 1, 2020, would require the state board to update its adopt standards for backflow protection and cross-connection control regulations. and would authorize the state board to do so through the adoption of a policy handbook, as specified. By authorizing the state board to adopt standards, the violation of which would be a crime, the bill would create a new crime and impose a state-mandated local 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, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or an order by a local health officer pursuant to these provisions, is a misdemeanor.

Existing regulations establish standards for a backflow prevention device.

This bill, on or before January 1, 2020, would require the state board to update its backflow protection regulations and to adopt regulations establishing the minimum standards for a backflow prevention assembly tester for purposes of a California-specific certification by a local health official. The bill would require a certification program that is determined by the state board to demonstrate competency in cross-connection control and backflow prevention assembly testing to be approved for statewide certification unless approval is rescinded by the state board. The bill would require the state board to approve a certification program from an independent 3rd party program provider if the program satisfies the minimum standards for a backflow prevention assembly tester. and cross-connection control regulations.

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 projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or an order by a local health officer pursuant to these provisions, is a misdemeanor.

Existing regulations establish standards for a backflow prevention device.

This bill, on or before January 1, 2020, would require the state board to update its backflow protection regulations and to adopt regulations establishing the minimum standards for a backflow prevention device assembly tester for purposes of a California-specific certification by a local health official. The bill would require a certification program that is determined by the state board to demonstrate competency in cross-connection control and backflow prevention assembly testing to be approved for statewide certification unless approval is rescinded by the state board. The bill would require the state board to approve a certification program from an independent 3rd party program provider if the program satisfies the minimum standards for a backflow prevention assembly tester.

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 projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or an order by a local health officer pursuant to these provisions, is a misdemeanor.

Existing regulations establish standards for a backflow prevention device.

This bill, on or before January 1, 2020, would require the state board to update its backflow protection regulations and to adopt regulations establishing the minimum standards for a backflow prevention device tester for purposes of certification by a local health official.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1671

Author:(Caballero)

As Amended Ver:July 11, 2017

Majority vote

Original Committee Reference: E.S. & T.M.

SUMMARY: Requires the State Water Resources Control Board (State Water Board) to, on or before January 1, 2020, adopt standards for backflow protection and cross-connection control.

The Senate amendments

1. Require the State Water Board to adopt standards for backflow protection and cross-connection control, instead of updating its backflow protection and cross-connection control regulations.
2. Authorize the State Water Board to adopt standards for backflow protection and cross-connection control through the adoption of a policy handbook that is not subject to the requirements of the Administrative Procedure Act. Require the policy handbook to include standards for backflow protection and cross-connection control.
3. Require the State Water Board, in developing the standards and any amendments to those standards, to consult with state and local agencies and other persons whom the State Water Board has identified as having expertise in the subject of backflow protection and cross-connection control.
4. Require the State Water Board to hold at least two public hearings before adopting the policy handbook.
5. Require that the policy handbook be posted on the State Water Board's Internet Web site.
6. Provide that, upon the effective date of a policy handbook adopted by the State Water Board, existing cross-connection and backflow regulations shall become inoperative, and, 90 days thereafter, shall be repealed, unless the State Water Board makes a determination not to repeal a specific regulation.
7. Require the State Water Board, if it determines not to repeal a specific regulation, to provide to the Office of Administrative Law and the Secretary of State written notice of its determination, including identification of the specific regulation that is not repealed. Provide that, upon the provision of a written notice to the Office of Administrative Law and the Secretary of State, that regulation shall become operative.
8. Require that a public water system implement a cross-connection control program that complies with applicable regulations and with standards adopted by the State Water Board.

EXISTING LAW:

1. Requires, under the California Safe Drinking Water Act, any person who owns a public water system to ensure that the system will not be subject to backflow under normal operating conditions.
2. Requires that local backflow prevention programs be conducted in accordance with backflow protection regulations adopted by the California Department of Public Health (CDPH; these provisions are now under the jurisdiction of the State Water Board).
3. Requires the water supplier to protect the public water supply from contamination by implementation of a cross-connection control program.

FISCAL EFFECT: According to the Senate Appropriations Committee, enactment of this bill could result in unknown, likely significant costs to the State Water Board for staff and material necessary to review regulations, develop policies, conduct outreach and provide technical assistance to water agencies, and to enforce new regulations.

COMMENTS:

Backflow: Drinking water distribution systems contain points called cross-connections where nonpotable water can be connected to potable sources. These cross-connections can provide a pathway for backflow, which is the undesirable reversal of the flow of liquid, gas, or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap; however, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system such as an emergency firefighting water drawdown, water or substances from the ground, storage, or other sources may be drawn up into the system. Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially presenting risk to public health and safety.

Health risks associated with backflow: A variety of biological and chemical contaminants have been introduced into drinking water distribution systems by cross-connections and backflow. The likelihood and severity of illness and number of people affected depend on various factors including how much of the contaminant enters the system, the dilution factor, the type of contaminant, the number of users exposed, and the health status of each person at the time of exposure. Contamination from cross-connections and backflow can occur not only where the cross-connection is located, but at sites upstream and downstream, as contaminants spread. Contaminants that have entered drinking water systems through backflow include pathogenic microorganisms, pesticides, metals, synthetic and volatile organic compounds, nitrates, and nitrites.

Backflow prevention: Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. A wide variety of devices exist that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. Generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection, as well as piping size, location, and the potential need to periodically test the devices to ensure proper operation.

Cross-connection control and backflow regulation in California: The California Code of Regulations (CCR), Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state's drinking water program. When CDPH became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention, programs. The cross-connection and backflow regulations have not been updated since 1987.

On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from CDPH to the State Water Board. Since it received responsibility for administering the drinking water program, the State Water Board has made great progress in updating and advancing its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

In order to better prioritize its many drinking water programs in need of updating, the State Water Board, at its February 22, 2017, meeting, discussed the consideration of a resolution to adopt a proposed prioritization list of drinking water regulations for 2017. As a result, the State Water Board designated cross-connection control regulations as the sixth highest regulatory priority for 2017. The State Water Board predicts the rule-making process for these regulations to begin this fall.

This bill requires the State Water Board to, on or before January 1, 2020, adopt standards for backflow protection and cross-connection control.

This bill contains provisions that are in conflict with AB 1529 (Thurmond) of the current legislative session.

Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0002378

 THIRD READING  

Bill No: AB 1671

Author:

:

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 6/21/17

AYES: Wieckowski, Stone, Hill, Lara, Skinner, Stern

NO VOTE RECORDED: Gaines

ASSEMBLY FLOOR: 72-1, 5/30/17 - See last page for vote

SUBJECT:

SOURCE: American Water Works Association

Association of California Water Agencies

California Municipal Utilities Association

California Water Association

DIGEST:

This bill requires, on or before January 1, 2020, the State Water Resources Control Board (SWRCB) to update its backflow protection and cross-connection regulations.

ANALYSIS:

Existing law:

1. Requires, under the California Safe Drinking Water Act, SWRCB 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, adoption of enforcement regulations, and conducting studies and investigations to assess the quality of water in domestic water supplies.
2. Requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, ensure cross connection safety and that the system will not be subject to backflow under normal operating conditions.
3. Authorizes local health officers to maintain programs for the certification of cross connection and backflow prevention device testers in order to ensure that testing and maintenance of cross connection and backflow prevention devices are performed by persons qualified to do testing and maintenance.
4. Requires cross connection and backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or health agency.
5. Requires that certification standards be consistent with the regulations adopted by the Department of Public Health (DPH).

This bill requires, on or before January 1, 2020, SWRCB to update its backflow protection and cross-connection regulations.

Background

1. What is Backflow? Backflow is the undesirable reversal of the flow of liquid, gas or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system, water or substances from the ground, storage, or other sources may be drawn up into the system.

Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety.

1. What happens when a backflow prevention fails? If a backflow preventer fails, potable water supplies are compromised and contaminants enter the water. Contaminants that may enter the potable water include, but are not limited to, untreated river, sea or lake water, pesticides, herbicides, fungicides, propane gas, boiler water with chemicals, anti-freeze, numerous chemicals, water from car wash establishments, dyes, sewage, worms, heavy metals such as arsenic, petrochemicals, and water from flushing toilets or other drains.

The presence of contaminants from backflow in water can lead to adverse health effects, including both acute and long-term effects like gastrointestinal illness, reproductive problems, cancer and neurological disorders which can lead to hospitalization or death.

While there is currently no federal reporting requirement for backflow cases, the United States Protection Agency (US EPA) published a white paper in 2001 that gives several examples of backflow and risks associated with backflow incidents:

• In 1982 a Colorado high school’s drinking water was contaminated with antifreeze from a malfunctioning valve from the schools solar heating system.
• In 1991 a small amount, 2.5 gallons, of herbicide backed-up into a Utah water system affecting 2,000 homes, a nursing home, and a day-care facility.
• In 1987 a child in Minnesota suffered acute copper toxicity when the backflow from a carbon dioxide machine contaminated a restaurants potable system. There was a similar incident from a soft drink machine at a fair in Springfield Missouri in 1995.
• In 1989, backpressure from a propane tank car forced propane into the water supply in a town in Arkansas. Three people in separate buildings were injured from explosions after flushing toilets and two houses were destroyed and a business was damaged by explosions and subsequent fires.
• In 1995 in Monterey, California, sodium nitrate from a boiler and cooling system backflowed into the potable water supply of the county courthouse because of a faulty backflow prevention device. In this incident 19 people became sick from drinking coffee from the courthouse snack bar.
• In February, 1990 a cross-connection between an auxiliary irrigation system supporting a golf course and country club and the Seattle Water Department’s distribution system resulted in total and fecal coliform contamination of the drinking water supply that was detected by a neighboring water system that purchased water from the Seattle Water Department.
• In the summer of 1990 1,100 guests of a country club in Tennessee suffered intestinal disorders in two mass incidents after consuming the clubs contaminated water supplies from an auxiliary well that had become contaminated with sewage due to a cross-connection.

Information from US EPA about current incidents was not available. However, the white paper shows that over several decades these types of incidents appear to be declining. It can be derived from the white paper that increased regulation and improved technology have contributed to the decline of backflow incidents. However, the white paper does also strongly note that on-going testing and maintenance continues to be crucial in order to ensure public health protection.

1. Backflow prevention? Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. According to the US EPA, a wide choice of devices exists that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. These include air gaps, barometric loops, vacuum breakers—both atmospheric and pressure type, double check with intermediate atmospheric vent, double check valve assemblies, and reduced pressure principle devices. US EPA reports that, generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection. Additional considerations are based upon piping size, location, and the potential need to periodically test the devices to ensure proper operation.
2. Cross-connection control and backflow regulation in California: The California Code of Regulations (CCR), Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state’s drinking water program. When DPH became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from DPH to SWRCB. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program, SWRCB has made great progress in updating and advancing its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

In order to better prioritize its many drinking water programs in need of updating, SWRCB, at its February 22, 2017, meeting, discussed the consideration of a resolution to adopt a proposed prioritization list of drinking water regulations for 2017. As a result, SWRCB designated cross-connection control regulations as the sixth highest regulatory priority for 2017. SWRCB predicts the rule-making process for these regulations to begin this fall.

1. Certification of backflow prevention device testers? Because the only way a water system or the local health officer becomes aware of a broken or failed backflow system is when an incident has occurred resulting in the contamination of the water supply leading to a public health incident or the risk of a public health incident, the proper testing of backflow prevention assemblies is crucial to the prevention of backflow and is a cornerstone of a cross-connection control program. In order to ensure that testing and maintenance of backflow prevention devices are performed by qualified persons, statute authorizes local health officers to maintain programs for certification of backflow prevention device testers. Additionally, regulation requires backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or local health agency.

Per statute and regulation, in jurisdictions where the local health officer has not established a program for certification of backflow prevention device testers, water systems are responsible for hiring testers that have “demonstrated their competency.”

Should a backflow prevention device not be properly tested or maintained and result in an incident, the water system is responsible for the damage caused by that failure.

Comments

1. Purpose of Bill. According to the author, “The United States Environmental Protection Agency has determined that contamination from backflow is the leading cause of disease outbreaks in a water distribution system. Backflow prevention assemblies are critically important components of drinking water systems because they prevent contaminants from making their way from one location into the entire water system. The state’s Cross Connection Control Regulations were revised in July 1987 and have not been updated since that time. The regulations are out-of-date and must be updated to ensure comprehensive guidance for the protection of public health. This bill will protect California’s drinking water supply by ensuring that the protective actions taken by water suppliers meet current industry guidance and are clearly supported in regulation.”

Related/Prior Legislation

AB 1529 (Thurmond, 2017) requires certifications for cross-connection or backflow prevention device testing and maintenance that were determined by the State Department of Public Health (DPH) to demonstrate competency to be approved California-specific certifications, and prohibits, under certain conditions, a water supplier from refusing to recognize statewide certifications that meet standards set by the State Water Resources Control Board.

AB 1173 (Williams, 2016) would have stated, that if a local health officer does not maintain a program for certification of backflow prevention device testers, that the local water system must hire a person who has received a California-specific certification for testing backflow prevention devices from any one of the following: the California-Nevada Section of the American Water Works Association (AWAA), American Society of Sanitary Engineering (ASSE) International, American Backflow Prevention Association (ABPA), or by other similar certification provider deemed acceptable by the SWRCB or the local health officer to conduct the testing and maintenance of a backflow prevention device. AB 1173 was held in the Senate Committee on Environmental Quality at the request of the author.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 9/12/17)

American Water Works Association (co-source)

Association of California Water Agencies (co-source)

California Municipal Utilities Association (co-source)

California Water Association (co-source)

California Water Service Company

Sacramento County Board of Supervisors

Sweetwater Authority

WateReuse California

OPPOSITION: (Verified 9/12/17)

None received

ASSEMBLY FLOOR: 72-1, 5/30/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chávez, Chen, Chiu, Cooley, Cooper, Cunningham, Dababneh, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Muratsuchi

NO VOTE RECORDED: Chau, Choi, Chu, Dahle, Eggman, Gloria, Harper

Prepared by:

9/13/17 19:10:44

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1671 (Caballero) - Backflow protection and cross-connection controls: standards

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1671 requires the State Water Resources Control Board (SWRCB) to update its backflow protection and cross-connection control regulations on or before January 1, 2020.

Fiscal Impact:

Unknown, likely significant costs to the SWRCB for staff and material necessary to review regulations, develop policies, conduct outreach and provide technical assistance to water agencies, and enforce new regulations.

Background:

What is backflow? Drinking water distribution systems contain points called cross-connections where nonpotable water can be connected to potable sources. These cross-connections can provide a pathway for backflow of nonpotable water into potable sources.

Backflow is the undesirable reversal of the flow of liquid, gas, or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system such as an emergency firefighting water drawdown, water or substances from the ground, storage, or other sources may be drawn up into the system. Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety.

Backflow Regulation. The California Code of Regulations (CCR), Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state’s drinking water program. When the Department of Public Health (CDPH) became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention, programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from CDPH to SWRCB. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program (now called the Division of Drinking Water, or DDW), SWRCB is updating its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

SWRCB predicts the rule-making process for Cross-Connection Control Regulations to begin this fall. This bill requires the State Water Board to update its backflow protection and cross-connection control regulations on or before January 1, 2020.

Proposed Law:

1. Requires the SWRCB to adopt standards for backflow protection and cross-connection control by January 1, 2020.
2. Specifies that the standards may be adopted through the policy handbook that is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
3. Requires the SWRCB to consult with state and local agencies and other persons identified as having expertise in the subject of backflow protection and cross-connection control.
4. Requires the SWRCB to hold at least two public hearings before adopting the policy handbook, and post the policy handbook its website.
5. Upon the effective date of a policy handbook, makes inoperative for 90 days and then repeals the regulations set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations, unless the state board makes a determination not to repeal a specific regulation and provides written notice to the Office of Administrative Law and the Secretary of State.
6. Requires a public water system to implement a cross-connection control program that complies with applicable regulations and with standards.

Related Legislation:

AB 1529 (Thurmond, 2017) Requires certifications for cross-connection or backflow prevention device testing and maintenance that were determined by the State Department of Public Health (DPH) to demonstrate competency to be approved California-specific certifications, and prohibits, under certain conditions, a water supplier from refusing to recognize statewide certifications that meet standards set by the State Water Resources Control Board. AB 1529 will also be heard in the Senate Committee on Environmental Quality on June 21, 2017.

AB 1173 (Williams, 2016) would have stated, that if a local health officer does not maintain a program for certification of backflow prevention device testers, that the local water system must hire a person who has received a California-specific certification for testing backflow prevention devices from any one of the following: the California-Nevada Section of the American Water Works Association (AWAA), American Society of Sanitary Engineering (ASSE) International, American Backflow Prevention Association (ABPA), or by other similar certification provider deemed acceptable by the SWRCB or the local health officer to conduct the testing and maintenance of a backflow prevention device. AB 1173 was held in the Senate Committee on Environmental Quality at the request of the author.

Staff Comments:

Purpose of the bill. According to the author, "This bill requires the State Water Resources Control Board to complete the revisions to the cross-connection control regulations contained in California Code of Regulations Title 17. In 2002, revisions were drafted and statewide stakeholder meetings were held but the revisions were never finalized. These outdated regulations have resulted in uncertainty for the backflow prevention assembly testers and those who hire them. Updating these regulations will result in current and comprehensive guidance for the protection of public health."

State mandate not reimbursable. This bill constitutes a state mandate. However, under the California Constitution, cost associated with the following are not reimbursable (1) legislation defining a new crime or changing an existing definition of a crime; (2) mandates on local agencies or school districts because have the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated; or (3) legislative mandates requested by the local affected agency.

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2017 - 2018 Regular

Bill No: AB 1671

SUBJECT: Backflow protection and cross-connection controls: regulations

ANALYSIS:

Existing law:

1. Under the California Safe Drinking Water Act, requires the State Water Resources Control Board (SWRCB) 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, adoption of enforcement regulations, and conducting studies and investigations to assess the quality of water in domestic water supplies.
2. Requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, ensure cross connection safety and that the system will not be subject to backflow under normal operating conditions.
3. Authorizes local health officers to maintain programs for the certification of cross connection and backflow prevention device testers in order to ensure that testing and maintenance of cross connection and backflow prevention devices are performed by persons qualified to do testing and maintenance.
4. Requires cross connection and backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or health agency.
5. Requires that certification standards be consistent with the regulations adopted by the Department of Public Health (DPH).

This bill: requires, on or before January 1, 2020, SWRCB to update its backflow protection and cross-connection regulations.

Background

1. What is Backflow? Backflow is the undesirable reversal of the flow of liquid, gas or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system, water or substances from the ground, storage, or other sources may be drawn up into the system.

Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety.

1. What happens when a backflow prevention fails? If a backflow preventer fails, potable water supplies are compromised and contaminants enter the water. Contaminants that may enter the potable water include, but are not limited to, untreated river, sea or lake water, pesticides, herbicides, fungicides, propane gas, boiler water with chemicals, anti-freeze, numerous chemicals, water from car wash establishments, dyes, sewage, worms, heavy metals such as arsenic, petrochemicals, and water from flushing toilets or other drains.

The presence of contaminants from backflow in water can lead to adverse health effects, including both acute and long-term effects like gastrointestinal illness, reproductive problems, cancer and neurological disorders which can lead to hospitalization or death.

While there is currently no federal reporting requirement for backflow cases, the United States Protection Agency (US EPA) published a white paper in 2001 that gives several examples of backflow and risks associated with backflow incidents:

In 1982 a Colorado high school’s drinking water was contaminated with antifreeze from a malfunctioning valve from the schools solar heating system.

In 1991 a small amount, 2.5 gallons, of herbicide backed-up into a Utah water system affecting 2,000 homes, a nursing home, and a day-care facility.

In 1987 a child in Minnesota suffered acute copper toxicity when the backflow from a carbon dioxide machine contaminated a restaurants potable system. There was a similar incident from a soft drink machine at a fair in Springfield Missouri in 1995.

In 1989, backpressure from a propane tank car forced propane into the water supply in a town in Arkansas. Three people in separate buildings were injured from explosions after flushing toilets and two houses were destroyed and a business was damaged by explosions and subsequent fires.

In 1995 in Monterey, California, sodium nitrate from a boiler and cooling system backflowed into the potable water supply of the county courthouse because of a faulty backflow prevention device. In this incident 19 people became sick from drinking coffee from the courthouse snack bar.

In February, 1990 a cross-connection between an auxiliary irrigation system supporting a golf course and country club and the Seattle Water Department’s distribution system resulted in total and fecal coliform contamination of the drinking water supply that was detected by a neighboring water system that purchased water from the Seattle Water Department.

In the summer of 1990 1,100 guests of a country club in Tennessee suffered intestinal disorders in two mass incidents after consuming the clubs contaminated water supplies from an auxiliary well that had become contaminated with sewage due to a cross-connection.

Information from US EPA about current incidents was not available. However, the white paper shows that over several decades these types of incidents appear to be declining. It can be derived from the white paper that increased regulation and improved technology have contributed to the decline of backflow incidents. However, the white paper does also strongly note that on-going testing and maintenance continues to be crucial in order to ensure public health protection.

1. Backflow prevention? Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. According to the US EPA, a wide choice of devices exists that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. These include air gaps, barometric loops, vacuum breakers—both atmospheric and pressure type, double check with intermediate atmospheric vent, double check valve assemblies, and reduced pressure principle devices. US EPA reports that, generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection. Additional considerations are based upon piping size, location, and the potential need to periodically test the devices to ensure proper operation.
2. Cross-connection control and backflow regulation in California: The California Code of Regulations (CCR), Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state’s drinking water program. When DPH became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from DPH to SWRCB. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program, SWRCB has made great progress in updating and advancing its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

In order to better prioritize its many drinking water programs in need of updating, SWRCB, at its February 22, 2017, meeting, discussed the consideration of a resolution to adopt a proposed prioritization list of drinking water regulations for 2017. As a result, SWRCB designated cross-connection control regulations as the sixth highest regulatory priority for 2017. SWRCB predicts the rule-making process for these regulations to begin this fall.

1. Certification of backflow prevention device testers? Because the only way a water system or the local health officer becomes aware of a broken or failed backflow system is when an incident has occurred resulting in the contamination of the water supply leading to a public health incident or the risk of a public health incident, the proper testing of backflow prevention assemblies is crucial to the prevention of backflow and is a cornerstone of a cross-connection control program. In order to ensure that testing and maintenance of backflow prevention devices are performed by qualified persons, statute authorizes local health officers to maintain programs for certification of backflow prevention device testers. Additionally, regulation requires backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or local health agency.

Per statute and regulation, in jurisdictions where the local health officer has not established a program for certification of backflow prevention device testers, water systems are responsible for hiring testers that have “demonstrated their competency.”

Should a backflow prevention device not be properly tested or maintained and result in an incident, the water system is responsible for the damage caused by that failure.

Comments

Purpose of Bill. According to the author, “The United States Environmental Protection Agency has determined that contamination from backflow is the leading cause of disease outbreaks in a water distribution system. Backflow prevention assemblies are critically important components of drinking water systems because they prevent contaminants from making their way from one location into the entire water system. The state’s Cross Connection Control Regulations were revised in July 1987 and have not been updated since that time. The regulations are out-of-date and must be updated to ensure comprehensive guidance for the protection of public health. This bill will protect California’s drinking water supply by ensuring that the protective actions taken by water suppliers meet current industry guidance and are clearly supported in regulation.”

Related/Prior Legislation

AB 1529 (Thurmond, 2017) Requires certifications for cross-connection or backflow prevention device testing and maintenance that were determined by the State Department of Public Health (DPH) to demonstrate competency to be approved California-specific certifications, and prohibits, under certain conditions, a water supplier from refusing to recognize statewide certifications that meet standards set by the State Water Resources Control Board. AB 1529 will also be heard in the Senate Committee on Environmental Quality on June 21, 2017.

AB 1173 (Williams, 2016) would have stated, that if a local health officer does not maintain a program for certification of backflow prevention device testers, that the local water system must hire a person who has received a California-specific certification for testing backflow prevention devices from any one of the following: the California-Nevada Section of the American Water Works Association (AWAA), American Society of Sanitary Engineering (ASSE) International, American Backflow Prevention Association (ABPA), or by other similar certification provider deemed acceptable by the SWRCB or the local health officer to conduct the testing and maintenance of a backflow prevention device. AB 1173 was held in the Senate Committee on Environmental Quality at the request of the author.

SOURCE:

California Water Association

California Municipal Utilities Association

Association of California Water Agencies

American Water Works Association

SUPPORT:

Sacramento County Board of Supervisors

WateReuse California

California Water Service Company

Sweetwater Authority

OPPOSITION:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1671

Author:(Caballero)

As Amended Ver:April 19, 2017

Majority vote

SUMMARY: Requires the State Water Resources Control Board (State Water Board) to update its backflow protection and cross-connection control regulations on or before January 1, 2020.

EXISTING LAW:

1. Requires, under the California Safe Drinking Water Act, any person who owns a public water system to ensure that the system will not be subject to backflow under normal operating conditions. (Health and Safety Code (HSC) Section 116555(a)(2))
2. Requires that local backflow prevention programs be conducted in accordance with backflow protection regulations adopted by the California Department of Public Health (CDPH; these provisions are now under the jurisdiction of the State Water Board). (HSC Section 116805) (c))
3. Requires backflow prevention device tester certification standards to be consistent with the backflow protection regulations adopted by CDPH (these provisions are now under the jurisdiction of the State Water Board). (HSC Section 116810)
4. Requires the water supplier to protect the public water supply from contamination by implementation of a cross-connection control program. (California Code of Regulations, Title 17, Section 7584)

FISCAL EFFECT: According to the Assembly Appropriations Committee, enactment of this bill could result in minor and absorbable State Water Board costs.

COMMENTS: Backflow: Drinking water distribution systems contain points called cross-connections where nonpotable water can be connected to potable sources. These cross-connections can provide a pathway for backflow, which is the undesirable reversal of the flow of liquid, gas, or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap; however, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system such as an emergency firefighting water drawdown, water or substances from the ground, storage, or other sources may be drawn up into the system. Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially presenting risk to public health and safety.

Heath risks associated with backflow: A variety of biological and chemical contaminants have been introduced into drinking water distribution systems by cross-connections and backflow. The likelihood and severity of illness and number of people affected depend on various factors including how much of the contaminant enters the system, the dilution factor, the type of contaminant, the number of users exposed, and the health status of each person at the time of exposure. Contamination from cross-connections and backflow can occur not only where the cross-connection is located, but at sites upstream and downstream, as contaminants spread. Contaminants that have entered drinking water systems through backflow include pathogenic microorganisms, pesticides, metals, synthetic and volatile organic compounds, nitrates, and nitrites.

Backflow prevention: Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. A wide variety of devices exist that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. Generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection, as well as piping size, location, and the potential need to periodically test the devices to ensure proper operation.

Cross-connection control and backflow regulation in California: The California Code of Regulations (CCR), Title 17, contains the fundamental components of California's regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state's drinking water program. When CDPH became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention, programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from CDPH to the State Water Board. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program, the State Water Board has made great progress in updating and advancing its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

In order to better prioritize its many drinking water programs in need of updating, the State Water Board, at its February 22, 2017, meeting, discussed the consideration of a resolution to adopt a proposed prioritization list of drinking water regulations for 2017. As a result, the State Water Board designated cross-connection control regulations as the sixth highest regulatory priority for 2017. The Water Board predicts the rule-making process for these regulations to begin this fall.

This bill requires the State Water Board to update its backflow protection and cross-connection control regulations on or before January 1, 2020.

Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0000519

Date of Hearing: May 24, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1671

Author:(Caballero) – As Amended Ver:April 19, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the State Water Resources Control Board (SWRCB) to update its backflow protection and cross-connection control regulations on or before January 1, 2020.

FISCAL EFFECT:

Minor and absorbable SWRCB costs.

COMMENTS:

1. Purpose. “According to the author, "This bill requires the State Water Resources Control Board to complete the revisions to the cross-connection control regulations contained in California Code of Regulations Title 17. In 2002, revisions were drafted and statewide stakeholder meetings were held but the revisions were never finalized. These outdated regulations have resulted in uncertainty for the backflow prevention assembly testers and those who hire them. Updating these regulations will result in current and comprehensive guidance for the protection of public health."
2. Background. Drinking water distribution systems contain points called cross-connections where nonpotable water can be connected to potable sources. These cross-connections can provide a pathway for backflow of nonpotable water into potable sources.

Backflow is the undesirable reversal of the flow of liquid, gas, or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system such as an emergency firefighting water drawdown, water or substances from the ground, storage, or other sources may be drawn up into the system. Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety.

1. Backflow Regulation. The California Code of Regulations (CCR), Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state’s drinking water program. When the Department of Public Health (CDPH) became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention, programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from CDPH to SWRCB. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program (now called the Division of Drinking Water, or DDW), SWRCB is updating its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

SWRCB predicts the rule-making process for Cross-Connection Control Regulations to begin this fall. This bill requires the State Water Board to update its backflow protection and cross-connection control regulations on or before January 1, 2020.

1. Related Legislation. Requires certifications for cross-connection or backflow prevention device testing and maintenance that were determined by the Department of Public Health (CDPH) to demonstrate competency before January 1, 2016, to be approved California-specific certifications either until the State Water Resource Control Board (SWRCB) promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. This bill will be heard today in this Committee.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 25, 2017

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Bill Quirk, Chair

ABPCA Bill Id:AB 1671 (

Author:Caballero) – As Amended Ver:April 19, 2017

SUBJECT: Backflow protection and cross-connection controls: regulations

SUMMARY: Requires the State Water Resources Control Board (State Water Board) to update its backflow protection and cross-connection control regulations on or before January 1, 2020.

EXISTING LAW:

1. Provides that the State Water Board succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the State Department of Public Health, its predecessors, and its director for purposes of administering a drinking water program, including Cross-Connection Control by Water Users law. (Health and Safety Code (HSC) §116271 (a))
2. Requires the State Water Board to maintain a drinking water program. (HSC §116271 (b))
3. Provides that regulations adopted, orders issued, and all other administrative actions taken by the State Department of Public Health (CDPH), any of its predecessors, or its director, pursuant to the authorities now vested in the State Water Board shall remain in effect and are fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms. (HSC §116271 (d))
4. Requires, under the California Safe Drinking Water Act, any person who owns a public water system to ensure that the system will not be subject to backflow under normal operating conditions. (Health and Safety Code (HSC) § 116555(a)(2))
5. Authorizes local health officers to maintain programs for the control of cross-connections by water users, within the users’ premises, where public exposure to drinking water contaminated by backflow may occur. (HSC § 116800)
6. Authorizes local health officers to maintain programs, in cooperation with water suppliers, to protect against backflow through service connections into the public water supply, and, with the consent of the water supplier, to collect fees from the water supplier to offset the costs of implementing these programs. (HSC § 116805)
7. Requires that local backflow prevention programs be conducted in accordance with backflow protection regulations adopted by CDPH (now the State Water Board). (HSC § 116805) (c))
8. Authorizes local health officers, to assure that testing and maintenance of backflow prevention devices are performed by qualified persons, to maintain programs for certification of backflow prevention device testers. (HSC § 116810)
9. Authorizes the local health officer to suspend, revoke, or refuse to renew the certificate of a certification of backflow prevention device tester, if, after a hearing, the local health officer or his or her designee finds that the tester has practiced fraud or deception or has displayed gross negligence or misconduct in the performance of his or her duties as a certified backflow prevention device tester. (HSC § 116810)
10. Authorizes the local health officer to collect fees from certified backflow prevention device testers to offset the cost of the certification program. (HSC § 116810)
11. Requires the backflow prevention device tester certification standards to be consistent with the backflow protection regulations adopted by CDPH (now the State Water Board). (HSC § 116810)
12. Requires the water supplier to protect the public water supply from contamination by implementation of a cross-connection control program. Provides that the cross-connection control program, or any portion thereof, may be implemented directly by the water supplier or by means of a contract with the local health agency, or with another agency approved by the health agency. (California Code of Regulations (CCR), Title 17, §7584)
13. Requires the water supplier's cross-connection control program to include, but not be limited to, several elements including the establishment of a procedure or system for testing backflow preventers. (CCR, Title 17 §7584 (e))
14. Requires backflow preventers to be tested by persons who have demonstrated their competency in the testing of these devices to the water supplier or health agency. (California Code of Regulations (CCR, Title 17, § 7605(b))

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author, "This bill requires the State Water Resources Control Board to complete the revisions to the cross-connection control regulations contained in California Code of Regulations Title 17. In 2002, revisions were drafted and statewide stakeholder meetings were held but the revisions were never finalized. These outdated regulations have resulted in uncertainty for the backflow prevention assembly testers and those who hire them. Updating these regulations will result in current and comprehensive guidance for the protection of public health."

Backflow: Drinking water distribution systems contain points called cross-connections where nonpotable water can be connected to potable sources. These cross-connections can provide a pathway for backflow of nonpotable water into potable sources.

Backflow is the undesirable reversal of the flow of liquid, gas, or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system such as an emergency firefighting water drawdown, water or substances from the ground, storage, or other sources may be drawn up into the system. Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety.

Heath risks associated with backflow: According to the United States Environmental Protection Agency (US EPA), a variety of biological and chemical contaminants have been introduced into drinking water distribution systems by cross-connections and backflow. The likelihood and severity of illness and number of people affected depend on various factors including how much of the contaminant enters the system, the dilution factor, the type of contaminant, the number of users exposed, and the health status of each person at the time of exposure. Contamination from cross-connections and backflow can occur not only where the cross-connection is located, but at sites upstream and downstream, as contaminants spread. US EPA describes the contaminants that have entered drinking water systems through backflow as including pathogenic microorganisms, pesticides, metals, synthetic and volatile organic compounds, nitrates, and nitrites.

Backflow prevention: Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. US EPA discusses that a wide variety of devices exists that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. These include air gaps, barometric loops, vacuum breakers—both atmospheric and pressure type, double check with intermediate atmospheric vent, double check valve assemblies, and reduced pressure principle devices. US EPA relates that, generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection. Additional considerations are based upon piping size, location, and the potential need to periodically test the devices to insure proper operation.

Cross-connection control and backflow regulation in California: The California Code of Regulations (CCR), Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state’s drinking water program. When CDPH became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention, programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from CDPH to the State Water Board. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program (now called the Division of Drinking Water, or DDW), the State Water Board has made great progress in updating and advancing its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

In order to better prioritize its many drinking water programs in need of updating, the State Water Board, at its February 22, 2017, meeting, discussed the consideration of a resolution to adopt a proposed prioritization list of drinking water regulations for 2017. As a result, the State Water Board adopted the prioritization of drinking water regulations and directed DDW staff to prioritize their work on drinking water regulations for calendar year 2017, including Cross-Connection Control Regulations as the sixth highest regulatory priority for the year. The Water Board predicts the rule-making process for Cross-Connection Control Regulations to begin this fall.

This bill requires the State Water Board to update its backflow protection and cross-connection control regulations on or before January 1, 2020.

Related legislation:

1. AB 1529 (Thurmond). Requires valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by the State Department of Public Health to demonstrate competency before January 1, 2016, to be approved California-specific certifications either until the State Water Board promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. Prohibits, under certain conditions, a water supplier from refusing to recognize statewide certifications that meet standards set by regulations of the State Water Board. This bill is scheduled to be heard in the Assembly Environmental Safety and Toxic Materials Committee on April 25, 2017.
2. AB 1173 (Williams, 2016). Would have required, if a local health officer does not maintain a program for certification of backflow prevention device testers, the testing and maintenance of a backflow prevention device be performed by a person who has received a California-specific certification for testing backflow prevention devices from one of three listed entities or a similar certification provider deemed acceptable by the State Water Board or the local health officer. This bill was held in the Senate Environmental Quality and Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Association of California Water Agencies (ACWA)

California Municipal Utilities Association

California Water Association

California-Nevada Section of the American Water Works Association

Opposition

None on file.

Analysis Prepared by: Shannon McKinney / E.S. & T.M. /