AB 1627: California Safe Drinking Water Act.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-09-08
Current Status:
Passed
(2023-09-08: Chaptered by Secretary of State - Chapter 173, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to regulate specified water systems and maintain specified primary drinking water standards. The act defines a public water system as a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Existing law applies the provisions of the act to a food facility that is regulated pursuant to the California Retail Food Code only if the human consumption includes drinking of water. Existing law provides that a violation of the act is a crime.
In regard to the number of individuals served, this bill would revise the definition of a public water system to apply to a system that regularly serves an average of at least 25 individuals daily at least 60 days out of the year. To the extent that this bill would expand the scope of coverage of the act by applying its provisions to more public water systems, thereby expanding the application of a crime, this bill would impose a state-mandated local program.
This bill would repeal the provision applying the act to a food facility that is regulated pursuant to the California Retail Food Code only if the human consumption includes drinking of water.
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.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to regulate specified water systems and maintain specified primary drinking water standards. The act defines a public water system as a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Existing law applies the provisions of the act to a food facility that is regulated pursuant to the California Retail Food Code only if the human consumption includes drinking of water. Existing law provides that a violation of the act is a crime.
In regard to the number of individuals served, this bill would revise the definition of a public water system to apply to a system that regularly serves an average of at least 25 individuals daily at least 60 days out of the year. To the extent that this bill would expand the scope of coverage of the act by applying its provisions to more public water systems, thereby expanding the application of a crime, this bill would impose a state-mandated local program.
This bill would repeal the provision applying the act to a food facility that is regulated pursuant to the California Retail Food Code only if the human consumption includes drinking of water.
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.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to regulate specified water systems and maintain specified primary drinking water standards. The act defines a public water system as a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Existing law applies the provisions of the act to a food facility that is regulated pursuant to the California Retail Food Code only if the human consumption includes drinking of water. Existing law provides that a violation of the act is a crime.
In regard to the number of individuals served, this bill would revise the definition of a public water system to apply to a system that regularly serves an average of at least 25 individuals daily at least 60 days out of the year. To the extent that this bill would expand the scope of coverage of the act by applying its provisions to more public water systems, thereby expanding the application of a crime, this bill would impose a state-mandated local program.
This bill would repeal the provision applying the act to a food facility that is regulated pursuant to the California Retail Food Code only if the human consumption includes drinking of water.
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.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to regulate specified water systems and maintain specified primary drinking water standards. Existing law applies the provisions of the act to a food facility that is regulated pursuant to the California Retail Food Code only if the human consumption includes drinking of water.
This bill would repeal the provision applying the act to a food facility that is regulated pursuant to the California Retail Food Code only if the human consumption includes drinking of water.
As used in this chapter:
(a)Contaminant means any physical, chemical, biological, or radiological substance or matter in water.
(b)Department means the state board.
(c)Primary drinking water standards means:
(1)Maximum levels of contaminants that, in the judgment of the state board, may have an adverse effect on the health of persons.
(2)Specific treatment techniques adopted by the state board in lieu of maximum contaminant levels pursuant to subdivision (j) of Section 116365.
(3)The monitoring and reporting requirements as specified in regulations adopted by the state board that pertain to maximum contaminant levels.
(d)Secondary drinking water standards means standards that specify maximum contaminant levels that, in the judgment of the state board, are necessary to protect the public welfare. Secondary drinking water standards may apply to any contaminant in drinking water that may adversely affect the odor or appearance of the water and may cause a substantial number of persons served by the public water system to discontinue its use, or that may otherwise adversely affect the public welfare. Regulations establishing secondary drinking water standards may vary according to geographic and other circumstances and may apply to any contaminant in drinking water that adversely affects the taste, odor, or appearance of the water when the standards are necessary to ensure a supply of pure, wholesome, and potable water.
(e)Human consumption means the use of water for drinking, bathing or showering, hand washing, oral hygiene, or cooking, including, but not limited to, preparing food and washing dishes.
(f)Maximum contaminant level means the maximum permissible level of a contaminant in water.
(g)Person means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution.
(h)Public water system means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A public water system includes the following:
(1)Any collection, treatment, storage, and distribution facilities under control of the operator of the system that are used primarily in connection with the system.
(2)Any collection or pretreatment storage facilities not under the control of the operator that are used primarily in connection with the system.
(3)Any water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.
(i)Community water system means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system.
(j)Noncommunity water system means a public water system that is not a community water system.
(k)Nontransient noncommunity water system means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.
(l)Local health officer means a local health officer appointed pursuant to Section 101000 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program.
(m)Significant rise in the bacterial count of water means a rise in the bacterial count of water that the state board determines, by regulation, represents an immediate danger to the health of water users.
(n)State small water system means a system for the provision of piped water to the public for human consumption that serves at least five, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year.
(o)Transient noncommunity water system means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year.
(p)User means a person using water for domestic purposes. User does not include a person processing, selling, or serving water or operating a public water system.
(q)Waterworks standards means regulations adopted by the state board entitled California Waterworks Standards (Chapter 16 (commencing with Section 64551) of Division 4 of Title 22 of the California Code of Regulations).
(r)Local primacy agency means a local health officer that has applied for and received primacy delegation pursuant to Section 116330.
(s)Service connection means the point of connection between the customers piping or constructed conveyance, and the water systems meter, service pipe, or constructed conveyance. A connection to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection in determining if the system is a public water system if any of the following apply:
(1)The water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, and cooking, or other similar uses.
(2)The state board determines that alternative water to achieve the equivalent level of public health protection provided by the applicable primary drinking water regulation is provided for residential or similar uses for drinking and cooking.
(3)The state board determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a passthrough entity, or the user to achieve the equivalent level of protection provided by the applicable primary drinking water regulations.
(t)Resident means a person who physically occupies, whether by ownership, rental, lease, or other means, the same dwelling for at least 60 days of the year.
(u)Water treatment operator means a person who has met the requirements for a specific water treatment operator grade pursuant to Section 106875.
(v)Water distribution operator means a person who has met the requirements for a specific water distribution operator grade pursuant to Section 106875.
(w)Water treatment plant means a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system.
(x)Water distribution system means any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer.
(y)Public health goal means a goal established by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365.
(z)Small community water system means a community water system that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons.
(aa)Disadvantaged community means the entire service area of a community water system, or a community therein, in which the median household income is less than 80 percent of the statewide annual median household income level.
(ab)State board means the State Water Resources Control Board.
(ac)Deputy director means the deputy director appointed by the state board pursuant to subdivision (k) of Section 116271.
SEC. 2.Section 116283 of the Health and Safety Code is repealed.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
As used in this chapter:
(a)Contaminant means any physical, chemical, biological, or radiological substance or matter in water.
(b)Department means the state board.
(c)Primary drinking water standards means:
(1)Maximum levels of contaminants that, in the judgment of the state board, may have an adverse effect on the health of persons.
(2)Specific treatment techniques adopted by the state board in lieu of maximum contaminant levels pursuant to subdivision (j) of Section 116365.
(3)The monitoring and reporting requirements as specified in regulations adopted by the state board that pertain to maximum contaminant levels.
(d)Secondary drinking water standards means standards that specify maximum contaminant levels that, in the judgment of the state board, are necessary to protect the public welfare. Secondary drinking water standards may apply to any contaminant in drinking water that may adversely affect the odor or appearance of the water and may cause a substantial number of persons served by the public water system to discontinue its use, or that may otherwise adversely affect the public welfare. Regulations establishing secondary drinking water standards may vary according to geographic and other circumstances and may apply to any contaminant in drinking water that adversely affects the taste, odor, or appearance of the water when the standards are necessary to ensure a supply of pure, wholesome, and potable water.
(e)Human consumption means the use of water for drinking, bathing or showering, hand washing, oral hygiene, or cooking, including, but not limited to, preparing food and washing dishes.
(f)Maximum contaminant level means the maximum permissible level of a contaminant in water.
(g)Person means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution.
(h)Public water system means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A public water system includes the following:
(1)Any collection, treatment, storage, and distribution facilities under control of the operator of the system that are used primarily in connection with the system.
(2)Any collection or pretreatment storage facilities not under the control of the operator that are used primarily in connection with the system.
(3)Any water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.
(i)Community water system means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system.
(j)Noncommunity water system means a public water system that is not a community water system.
(k)Nontransient noncommunity water system means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.
(l)Local health officer means a local health officer appointed pursuant to Section 101000 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program.
(m)Significant rise in the bacterial count of water means a rise in the bacterial count of water that the state board determines, by regulation, represents an immediate danger to the health of water users.
(n)State small water system means a system for the provision of piped water to the public for human consumption that serves at least five, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year.
(o)Transient noncommunity water system means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year.
(p)User means a person using water for domestic purposes. User does not include a person processing, selling, or serving water or operating a public water system.
(q)Waterworks standards means regulations adopted by the state board entitled California Waterworks Standards (Chapter 16 (commencing with Section 64551) of Division 4 of Title 22 of the California Code of Regulations).
(r)Local primacy agency means a local health officer that has applied for and received primacy delegation pursuant to Section 116330.
(s)Service connection means the point of connection between the customers piping or constructed conveyance, and the water systems meter, service pipe, or constructed conveyance. A connection to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection in determining if the system is a public water system if any of the following apply:
(1)The water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, and cooking, or other similar uses.
(2)The state board determines that alternative water to achieve the equivalent level of public health protection provided by the applicable primary drinking water regulation is provided for residential or similar uses for drinking and cooking.
(3)The state board determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a passthrough entity, or the user to achieve the equivalent level of protection provided by the applicable primary drinking water regulations.
(t)Resident means a person who physically occupies, whether by ownership, rental, lease, or other means, the same dwelling for at least 60 days of the year.
(u)Water treatment operator means a person who has met the requirements for a specific water treatment operator grade pursuant to Section 106875.
(v)Water distribution operator means a person who has met the requirements for a specific water distribution operator grade pursuant to Section 106875.
(w)Water treatment plant means a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system.
(x)Water distribution system means any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer.
(y)Public health goal means a goal established by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365.
(z)Small community water system means a community water system that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons.
(aa)Disadvantaged community means the entire service area of a community water system, or a community therein, in which the median household income is less than 80 percent of the statewide annual median household income level.
(ab)State board means the State Water Resources Control Board.
(ac)Deputy director means the deputy director appointed by the state board pursuant to subdivision (k) of Section 116271.
SEC. 2.Section 116283 of the Health and Safety Code is repealed.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
As used in this chapter:
(a)Contaminant means any physical, chemical, biological, or radiological substance or matter in water.
(b)Department means the state board.
(c)Primary drinking water standards means:
(1)Maximum levels of contaminants that, in the judgment of the state board, may have an adverse effect on the health of persons.
(2)Specific treatment techniques adopted by the state board in lieu of maximum contaminant levels pursuant to subdivision (j) of Section 116365.
(3)The monitoring and reporting requirements as specified in regulations adopted by the state board that pertain to maximum contaminant levels.
(d)Secondary drinking water standards means standards that specify maximum contaminant levels that, in the judgment of the state board, are necessary to protect the public welfare. Secondary drinking water standards may apply to any contaminant in drinking water that may adversely affect the odor or appearance of the water and may cause a substantial number of persons served by the public water system to discontinue its use, or that may otherwise adversely affect the public welfare. Regulations establishing secondary drinking water standards may vary according to geographic and other circumstances and may apply to any contaminant in drinking water that adversely affects the taste, odor, or appearance of the water when the standards are necessary to ensure a supply of pure, wholesome, and potable water.
(e)Human consumption means the use of water for drinking, bathing or showering, hand washing, oral hygiene, or cooking, including, but not limited to, preparing food and washing dishes.
(f)Maximum contaminant level means the maximum permissible level of a contaminant in water.
(g)Person means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution.
(h)Public water system means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A public water system includes the following:
(1)Any collection, treatment, storage, and distribution facilities under control of the operator of the system that are used primarily in connection with the system.
(2)Any collection or pretreatment storage facilities not under the control of the operator that are used primarily in connection with the system.
(3)Any water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.
(i)Community water system means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system.
(j)Noncommunity water system means a public water system that is not a community water system.
(k)Nontransient noncommunity water system means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.
(l)Local health officer means a local health officer appointed pursuant to Section 101000 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program.
(m)Significant rise in the bacterial count of water means a rise in the bacterial count of water that the state board determines, by regulation, represents an immediate danger to the health of water users.
(n)State small water system means a system for the provision of piped water to the public for human consumption that serves at least five, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year.
(o)Transient noncommunity water system means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year.
(p)User means a person using water for domestic purposes. User does not include a person processing, selling, or serving water or operating a public water system.
(q)Waterworks standards means regulations adopted by the state board entitled California Waterworks Standards (Chapter 16 (commencing with Section 64551) of Division 4 of Title 22 of the California Code of Regulations).
(r)Local primacy agency means a local health officer that has applied for and received primacy delegation pursuant to Section 116330.
(s)Service connection means the point of connection between the customers piping or constructed conveyance, and the water systems meter, service pipe, or constructed conveyance. A connection to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection in determining if the system is a public water system if any of the following apply:
(1)The water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, and cooking, or other similar uses.
(2)The state board determines that alternative water to achieve the equivalent level of public health protection provided by the applicable primary drinking water regulation is provided for residential or similar uses for drinking and cooking.
(3)The state board determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a passthrough entity, or the user to achieve the equivalent level of protection provided by the applicable primary drinking water regulations.
(t)Resident means a person who physically occupies, whether by ownership, rental, lease, or other means, the same dwelling for at least 60 days of the year.
(u)Water treatment operator means a person who has met the requirements for a specific water treatment operator grade pursuant to Section 106875.
(v)Water distribution operator means a person who has met the requirements for a specific water distribution operator grade pursuant to Section 106875.
(w)Water treatment plant means a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system.
(x)Water distribution system means any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer.
(y)Public health goal means a goal established by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365.
(z)Small community water system means a community water system that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons.
(aa)Disadvantaged community means the entire service area of a community water system, or a community therein, in which the median household income is less than 80 percent of the statewide annual median household income level.
(ab)State board means the State Water Resources Control Board.
(ac)Deputy director means the deputy director appointed by the state board pursuant to subdivision (k) of Section 116271.
SECTION 1.SEC. 2.Section 116283 of the Health and Safety Code is repealed.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
|
Status
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|---|---|
| Sep 8, 2023 | Chaptered by Secretary of State - Chapter 173, Statutes of 2023. |
| Sep 8, 2023 | Approved by the Governor. |
| Aug 30, 2023 | Enrolled and presented to the Governor at 2:15 p.m. |
| Aug 24, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 2787.). |
| Aug 17, 2023 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 19 pursuant to Assembly Rule 77. |
| Aug 17, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2137.). |
| Jun 27, 2023 | Read second time. Ordered to third reading. |
| Jun 26, 2023 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 7, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 7). Re-referred to Com. on APPR. |
| May 16, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q. |
| May 10, 2023 | Referred to Com. on E.Q. |
| Apr 27, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 27, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1367.) |
| Apr 20, 2023 | Read second time. Ordered to Consent Calendar. |
| Apr 19, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 19). |
| Mar 29, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (March 28). Re-referred to Com. on APPR. |
| Mar 9, 2023 | Referred to Com. on E.S. & T.M. |
| Feb 18, 2023 | From printer. May be heard in committee March 20. |
| Feb 17, 2023 | Read first time. To print. |
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Date
|
Description
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Location
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Votes
|
|
|---|---|---|---|---|
| Aug 24, 2023 | AB 1627 Lee Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 17, 2023 | Assembly 3rd Reading AB1627 Lee By Dahle | Senate Floor |
Passed |
|
| Jun 7, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
|
| Apr 27, 2023 | AB 1627 Lee Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 19, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 28, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Environmental Safety and Toxic Materials |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| State Water Resources Control Board | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1627
Author:(Lee)
As Amended Ver:May 16, 2023
Majority vote
SUMMARY
Aligns state law with federal requirements by deleting a provision within the California Safe Drinking Water Act (SDWA) that applies to food facilities regulated under the California Retail Food Code and conforms California's statutory definition of a public water system to the federal definition of a public water system.
Senate Amendments
Conform California's statutory definition of a public water system to the federal definition of a public water system by revising the definition of a public water system to apply to a system that regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
COMMENTS
California's drinking water program: Through its Division of Drinking Water (DDW), the State Water Resources Control Board (State Water Board) is responsible for enforcing federal and state drinking water statutes and regulating public water systems. The State Water Board directly enforces the federal SDWA for all water systems with 200 or more service connections. For water systems with less than 200 connections, regulatory authority can be delegated to local health departments. The State Water Board adopts regulations for drinking water standards, monitoring requirements, cross-connections, design and operational standards, and operator certification. For the State Water Board to maintain this approved primacy authority, California must have statutes, regulations, and an implementation program for public water system supervision that are no less stringent than the federal SDWA and the United States Environmental Protection Agency's (US EPA's) regulations.
The DDW regulates public water systems under the California SDWA. A public water system is defined in statute as "a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year."
However, the definition of a "public water system" under federal regulation states that "a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves an average at least 25 individuals daily at least 60 days out of the year."
Since the California definition of a "public water system" is different than the federal definition, the United States Environmental Protection Agency (US EPA) has stated that California's definition is less stringent than federal law or regulation and a change to the definition is needed.
The California Retail Food Code applies to retail food facilities, some of which may also be public water systems. For example, a restaurant in a rural location might operate its own drinking water well, in which case the restaurant would be regulated as a public water system under the California SDWA and as a retail food facility under the California Retail Food Code. The California Retail Food Code is primarily enforced by local health departments.
In 1996, the Legislature amended both the California SDWA and the California Retail Food Code AB 2727 (House), Chapter 875, Statutes of 1996. AB 2727 defined potable water in the California Retail Food Code to mean water that meets the requirements for transient noncommunity water systems under the California SDWA. Transient noncommunity water systems are noncommunity water systems that do not regularly serve at least 25 of the same persons over six months per year.
The US EPA is threatening to revoke California's drinking water primacy if the state does not correct the apparent inconsistency of the food facility exemption with federal SDWA requirements.
This bill: This bill preserves the State's authority to implement the federal SDWA in California by repealing a provision in the California SDWA that may be construed to exempt food facilities that operate public water systems from regulation under the California SDWA. Additionally, this bill conforms California's definition of "public water system" to the federal definition. By aligning the California SDWA and the federal SDWA, this bill ensures that state law is no less stringent than federal law. This protects the state's primary authority to enforce the federal SDWA in California.
According to the Author
"AB 1627 preserves the state's authority to implement the federal SDWA in California by repealing a provision in the California SDWA that may be construed to exempt food facilities that operate public water systems from regulation under the California SDWA. By aligning the California SDWA and the federal SDWA, AB 1627 ensures that state law is no less stringent than the federal law.
AB 1627 also includes a technical change to align the state's 'public water system' definition with federal regulations. By aligning the California SDWA and the federal SDWA, AB 1627 ensures that state law is no less stringent than federal law. Together these changes protect the state's primacy authority to enforce the federal SDWA in California."
Arguments in Support
According to the State Water Board, "The State Water Board supports AB 1627 as the measure would make two minor but important changes to the State Safe Drinking Water Act to align state and federal law and ensure California's continued ability to oversee drinking water quality at a time when the state is investing substantial resources to uphold the Human Right to Water."
Arguments in Opposition
None on file.
FISCAL COMMENTS
This bill has little to no fiscal impact to the state as it met the conditions under Senate Rule 28.8.
VOTES:
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 9-0-0
YES: Lee, Hoover, Arambula, Bauer-Kahan, Connolly, McKinnor, Pacheco, Ta, Zbur
ASM APPROPRIATIONS: 14-0-2
YES: Holden, Megan Dahle, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Bryan, Pellerin
ASSEMBLY FLOOR: 79-0-1
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones- Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Jim Patterson
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Glazer, Gonzalez, Grove, Hurtado, Jones, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Eggman, Laird
UPDATED
VERSION: May 16, 2023
CONSULTANT: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0001239
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1627 |
THIRD READING
Bill No: AB 1627
Author: Lee (D)
Amended: 5/16/23 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 6/7/23
AYES: Allen, Dahle, Gonzalez, Hurtado, Menjivar, Skinner
NO VOTE RECORDED: Nguyen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 79-0, 4/27/23 (Consent) - See last page for vote
SUBJECT: California Safe Drinking Water Act
SOURCE: Author
DIGEST: This bill aligns state law with federal requirements by deleting a provision within the California Safe Drinking Water Act (California SDWA) that applies to food facilities that are regulated under the California Retail Food Code.
ANALYSIS:
Existing law:
- Authorizes, pursuant to the federal SDWA, the United States Environmental Protection Agency (US EPA) to set standards for drinking water quality and to oversee the states, localities, and water suppliers that implement those standards. (42 United States Code § 300 (f), et seq.)
- Establishes the SDWA and requires the State Water Resources Control Board (State Water Board) to maintain a drinking water program to regulate drinking water and to enforce the federal SDWA and other regulations. (Health and Safety Code (HSC) § 116270, et seq.)
- Defines a public water system as a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily for at least 60 days out of the year. (HSC § 116275)
- Applies the California SDWA to a food facility regulated pursuant to the California Retail Food Code only if the human consumption includes the drinking of water. (HSC § 116283)
- Creates the California Retail Food Code, which established uniform statewide health and sanitation standards for retail food facilities and is administered by the California Department of Public Health (CDPH). (HSC § 113700, et. seq.)
This bill:
- Aligns state law with federal requirements by deleting a provision within the California SDWA that applies to food facilities that are regulated under the California Retail Food Code.
- Conforms California’s definition of “public water system” to the federal definition.
Background
- The federal SDWA. The federal SDWA was enacted in 1974 to protect public health by regulating drinking water. The US EPA enforces the federal SDWA at the national level. California has enacted its own safe drinking water act to implement the federal law and establish state standards under the state SDWA. Most states, including California, have been granted "primacy" by the US EPA, giving them the authority to implement and enforce the federal SDWA at the state level.
- California’s drinking water program. Through its Division of Drinking Water (DDW), the State Water Board is responsible for enforcing federal and state drinking water statutes and regulating public water systems. The State Water Board directly enforces the federal SDWA for all water systems with 200 or more service connections. For water systems with less than 200 connections, regulatory authority can be delegated to local health departments. The State Water Board adopts regulations for drinking water standards, monitoring requirements, cross-connections, design and operational standards, and operator certification. For the State Water Board to maintain this approved primacy authority, California must have statutes, regulations, and an implementation program for public water system supervision that are no less stringent than the federal SDWA and US EPA’s regulations.
- CDPH's Food Safety Program. CDPH's Food Safety Program, as authorized by the Retail Food Code, is designed to protect and improve the health of consumers by assuring foods are safe, and are not adulterated, misbranded, or falsely advertised. CDPH conducts investigations and enforcement based upon scientific principles and its legal authority.
The California Retail Food Code applies to retail food facilities, some of which may also be public water systems. For example, a restaurant in a rural location might operate its own drinking water well, in which case the restaurant would be regulated as a public water system under the California SDWA and as a retail food facility under the California Retail Food Code. The California Retail Food Code is primarily enforced by local health departments.
In 1996, the Legislature amended both the California SDWA and the California Retail Food Code (AB 2727, House, Chapter 875, Statutes of 1996) to define potable water in the California Retail Food Code to mean water that meets the requirements for transient noncommunity water systems under the California SDWA. Transient noncommunity water systems are noncommunity water systems that do not regularly serve at least 25 of the same persons over six months per year, and they are subject to fewer requirements under the California SDWA than non-transient noncommunity water systems and community water systems. AB 2727 also amended the California Retail Food Code to provide that the local "enforcement agency may monitor and enforce the potable drinking water standards in the California Safe Drinking Water Act for purposes of enforcing this chapter and compliance with any requirements with regard to potable water."
AB 2727 also created the exception in the California SDWA that currently threatens the State of California’s federal SDWA primacy enforcement authority. The bill added Section 116283 to the Health and Safety Code, which stipulates that the California SDWA "shall apply to a food facility that is regulated pursuant to the [California Retail Food Code] only if the human consumption includes drinking of water." The legislative history of AB 2727 indicates that it was intended to reduce the fees on businesses that operate public water systems but do not provide drinking water to the public. For example, the analysis from the Senate Health and Human Services Committee stated: "The author's office introduced this bill on behalf of a number of constituents who own businesses, are not a small water system, are not providing drinking water to the public, but do use the water for coffee or soft drinks;" and that "[s]upporters stipulate that in addition to AB 2727's definition of "potable water" it provides an appropriate level of protection for water being used for non-human consumption purposes. This bill will eliminate the double regulation in which food facilities are currently regulated as small water systems and as transient noncommunity water systems. Water provided under the authority of AB 2727 may not be offered to the public as drinking water."
At the time of AB 2727’s enactment, the drinking water program was administered by the Department of Health Services, which was the predecessor to CDPH, and did not oppose AB 2727 (in fact, the Department was listed as a supporter of the bill). Unfortunately, by exempting some public water systems from regulation under the California SDWA, AB 2727 created a threat to the State’s primacy enforcement authority under the federal SDWA. In 2014, the Legislature transferred the drinking water program from the Department of Public Health (to which it had previously been transferred from the Department of Health Services) to the State Water Board.
The California SDWA currently applies to retail food facilities regulated under the California Retail Food Code only if the food facility serves water for drinking. This could be interpreted to exclude food facilities from regulation under the California SDWA even if those facilities are required to be regulated as public water systems under the federal SDWA. The US EPA interprets the federal SDWA to apply to public water systems that serve water for human consumption other than drinking, such as bathing and cooking. If the exclusion in the California SDWA for food facilities that do not serve water for drinking were interpreted to exclude public water systems that serve water for other forms of human consumption, it would be inconsistent with state primacy requirements for enforcing the federal SDWA. For purposes of federal primacy requirements, regulation under the California Retail Food Code cannot substitute for regulation under the California SDWA because the California Retail Food Code does not include the state law authority, including enforcement authority, necessary for primacy. The US EPA is threatening to revoke California’s drinking water primacy if the state does not correct the apparent inconsistency of the food facility exemption with federal SDWA requirements.
- Technical correction needed for “public water system” definition. The national primary drinking water regulations define a public water system as “a system for the provision to the public of water for human consumption through pipes or, after August 5, 1998, other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year.” The California SDWA defines a public water system as “a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.” Because California’s definition of a public water system omits the language requiring “an average” of at least 25 individuals daily at least 60 days out of the year, it is less stringent than the national primary drinking water regulations and therefore does not meet the federal requirements with respect to the public water system definition.
US EPA views the addition of the words “an average” to HSC Section 116275 as a technical correction necessary to meet the federal standard requiring drinking water regulations be no less stringent than the national primary drinking water regulations.
Comments
- Purpose of Bill. According to the author, "AB 1627 preserves the state's authority to implement the federal SDWA in California by repealing a provision in the California SDWA that may be construed to exempt food facilities that operate public water systems from regulation under the California SDWA. By aligning the California SDWA and the federal SDWA, AB 1627 ensures that state law is no less stringent than the federal law. This protects the state's primacy authority to enforce the federal SDWA in California."
- Protects state’s primacy authority to enforce the federal SDWA. AB 1627 preserves the State's authority to implement the federal SDWA in California by repealing a provision in the California SDWA that may be construed as exempting certain food facilities that operate public water systems from regulation under the California SDWA. The US EPA has indicated to the State Water Board that a repeal of HSC Section 116283 would satisfy their concerns.
AB 1627 also includes a technical change to align the state’s “public water system” definition with federal regulations. By aligning the California SDWA and the federal SDWA, AB 1627 ensures that state law is no less stringent than federal law. This protects the state's primacy authority to enforce the federal SDWA in California.
Related/Prior Legislation
AB 2727 (House, Chapter 875, Statutes of 1996) defined potable water in the California Retail Food Code to mean water that meets the requirements for transient noncommunity water systems under the California SDWA.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 6/26/23)
None received
OPPOSITION: (Verified 6/26/23)
None received
ASSEMBLY FLOOR: 79-0, 4/27/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Jim Patterson
Prepared by: Gabrielle Meindl / E.Q. / (916) 651-4108
6/28/23 10:44:14
**** END ****
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Allen, Chair
2023 - 2024 Regular
Bill No: AB 1627
Author: | Lee | ||
Version: | 5/16/2023 | Hearing Date: | 6/7/2023 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Gabrielle Meindl | ||
SUBJECT: California Safe Drinking Water Act
DIGEST: Aligns state law with federal requirements by deleting a provision within the California Safe Drinking Water Act (California SDWA) that applies to food facilities that are regulated under the California Retail Food Code.
ANALYSIS:
Existing law:
- Authorizes, pursuant to the federal SDWA, the United States Environmental Protection Agency (US EPA) to set standards for drinking water quality and to oversee the states, localities, and water suppliers that implement those standards. (42 United States Code § 300 (f), et seq.)
- Establishes the SDWA and requires the State Water Resources Control Board (State Water Board) to maintain a drinking water program to regulate drinking water and to enforce the federal SDWA and other regulations. (Health and Safety Code (HSC) § 116270, et seq.)
- Defines a public water system as a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily for at least 60 days out of the year. (HSC § 116275)
- Applies the California SDWA to a food facility regulated pursuant to the California Retail Food Code only if the human consumption includes the drinking of water. (HSC § 116283)
- Creates the California Retail Food Code, which established uniform statewide health and sanitation standards for retail food facilities and is administered by the California Department of Public Health (CDPH). (HSC § 113700, et. seq.)
This bill:
- Aligns state law with federal requirements by deleting a provision within the California Safe Drinking Water Act (California SDWA) that applies to food facilities that are regulated under the California Retail Food Code.
- Conforms California’s definition of “public water system” to the federal definition.
Background
- The federal SDWA. The federal SDWA was enacted in 1974 to protect public health by regulating drinking water. The US EPA enforces the federal SDWA at the national level. California has enacted its own safe drinking water act to implement the federal law and establish state standards under the state SDWA. Most states, including California, have been granted "primacy" by the US EPA, giving them the authority to implement and enforce the federal SDWA at the state level.
- California’s drinking water program. Through its Division of Drinking Water (DDW), the State Water Board is responsible for enforcing federal and state drinking water statutes and regulating public water systems. The State Water Board directly enforces the federal SDWA for all water systems with 200 or more service connections. For water systems with less than 200 connections, regulatory authority can be delegated to local health departments. The State Water Board adopts regulations for drinking water standards, monitoring requirements, cross-connections, design and operational standards, and operator certification. For the State Water Board to maintain this approved primacy authority, California must have statutes, regulations, and an implementation program for public water system supervision that are no less stringent than the federal SDWA and US EPA’s regulations.
- CDPH's Food Safety Program. CDPH's Food Safety Program, as authorized by the Retail Food Code, is designed to protect and improve the health of consumers by assuring foods are safe, and are not adulterated, misbranded, or falsely advertised. CDPH conducts investigations and enforcement based upon scientific principles and its legal authority.
The California Retail Food Code applies to retail food facilities, some of which may also be public water systems. For example, a restaurant in a rural location might operate its own drinking water well, in which case the restaurant would be regulated as a public water system under the California SDWA and as a retail food facility under the California Retail Food Code. The California Retail Food Code is primarily enforced by local health departments.
In 1996, the Legislature amended both the California SDWA and the California Retail Food Code (AB 2727 House, Chapter 875, Statutes of 1996) to define potable water in the California Retail Food Code to mean water that meets the requirements for transient noncommunity water systems under the California SDWA. Transient noncommunity water systems are noncommunity water systems that do not regularly serve at least 25 of the same persons over six months per year, and they are subject to fewer requirements under the California SDWA than non-transient noncommunity water systems and community water systems. Assembly Bill 2727 also amended the California Retail Food Code to provide that the local "enforcement agency may monitor and enforce the potable drinking water standards in the California Safe Drinking Water Act for purposes of enforcing this chapter and compliance with any requirements with regard to potable water."
Assembly Bill 2727 also created the exception in the California SDWA that currently threatens the State of California’s federal SDWA primacy enforcement authority. The bill added section 116283 to the Health and Safety Code, which stipulates that the California SDWA "shall apply to a food facility that is regulated pursuant to the [California Retail Food Code] only if the human consumption includes drinking of water." The legislative history of AB 2727 indicates that it was intended to reduce the fees on businesses that operate public water systems but do not provide drinking water to the public. For example, the analysis from the Senate Health and Human Services Committee stated: "The author's office introduced this bill on behalf of a number of constituents who own businesses, are not a small water system, are not providing drinking water to the public, but do use the water for coffee or soft drinks;" and that "[s]upporters stipulate that in addition to AB 2727's definition of "potable water" it provides an appropriate level of protection for water being used for non-human consumption purposes. This measure will eliminate the double regulation in which food facilities are currently regulated as small water systems and as transient noncommunity water systems. Water provided under the authority of AB 2727 may not be offered to the public as drinking water."
At the time of AB 2727’s enactment, the drinking water program was administered by the Department of Health Services, which was the predecessor to CDPH, and did not oppose AB 2727 (in fact, the Department was listed as a supporter of the bill). Unfortunately, by exempting some public water systems from regulation under the California SDWA, AB 2727 created a threat to the State’s primacy enforcement authority under the federal SDWA. In 2014, the Legislature transferred the drinking water program from the Department of Public Health (to which it had previously been transferred from the Department of Health Services) to the State Water Board.
The California SDWA currently applies to retail food facilities regulated under the California Retail Food Code only if the food facility serves water for drinking. This could be interpreted to exclude food facilities from regulation under the California SDWA even if those facilities are required to be regulated as public water systems under the federal SDWA. The US EPA interprets the federal SDWA to apply to public water systems that serve water for human consumption other than drinking, such as bathing and cooking. If the exclusion in the California SDWA for food facilities that do not serve water for drinking were interpreted to exclude public water systems that serve water for other forms of human consumption, it would be inconsistent with state primacy requirements for enforcing the federal SDWA. For purposes of federal primacy requirements, regulation under the California Retail Food Code cannot substitute for regulation under the California SDWA because the California Retail Food Code does not include the state law authority, including enforcement authority, necessary for primacy. The US EPA is threatening to revoke California’s drinking water primacy if the state does not correct the apparent inconsistency of the food facility exemption with federal SDWA requirements.
- Technical correction needed for “public water system” definition. The national primary drinking water regulations define a public water system as “a system for the provision to the public of water for human consumption through pipes or, after August 5, 1998, other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year.” The California SDWA defines a public water system as “a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.” Because California’s definition of a public water system omits the language requiring “an average” of at least twenty-five individuals daily at least 60 days out of the year, it is less stringent than the national primary drinking water regulations and therefore does not meet the federal requirements with respect to the public water system definition.
US EPA views the addition of the words “an average” to HSC § 116275 as a technical correction necessary to meet the federal standard requiring drinking water regulations be no less stringent than the national primary drinking water regulations.
Comments
- Purpose of Bill. According to the author, "AB 1627 preserves the state's authority to implement the federal SDWA in California by repealing a provision in the California SDWA that may be construed to exempt food facilities that operate public water systems from regulation under the California SDWA. By aligning the California SDWA and the federal SDWA, AB 1627 ensures that state law is no less stringent than the federal law. This protects the state's primacy authority to enforce the federal SDWA in California."
- Protects state’s primacy authority to enforce the federal SDWA. AB 1627 preserves the State's authority to implement the federal SDWA in California by repealing a provision in the California SDWA that may be construed as exempting certain food facilities that operate public water systems from regulation under the California SDWA. The US EPA has indicated to the State Water Board that a repeal of HSC § 116283 would satisfy their concerns.
AB 1627 also includes a technical change to align the state’s “public water system” definition with federal regulations. By aligning the California SDWA and the federal SDWA, AB 1627 ensures that state law is no less stringent than federal law. This protects the state's primacy authority to enforce the federal SDWA in California.
Related/Prior Legislation
AB 2727 (House, Chapter 875, Statutes of 1996) defines potable water in the California Retail Food Code to mean water that meets the requirements for transient noncommunity water systems under the California SDWA.
SOURCE:
Author
SUPPORT:
State Water Resources Control Board
OPPOSITION:
None received
-- END --
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1627
Author:(Lee) – As Introduced Ver:February 17, 2023
Policy Committee: | Environmental Safety and Toxic Materials | Vote: | 9 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill aligns state law with federal requirements by deleting a provision within the California Safe Drinking Water Act that applies to food facilities that are regulated under the California Retail Food Code.
FISCAL EFFECT:
Minor and absorbable costs to the State Water Resources Control Board (State Water Board).
COMMENTS:
1) Purpose. According to the author:
AB 1627 preserves the state's authority to implement the federal SDWA in California by repealing a provision in the California SDWA that may be construed to exempt food facilities that operate public water systems from regulation under the California SDWA. By aligning the California SDWA and the federal SDWA, AB 1627 ensures that state law is no less stringent than the federal law. This protects the state's primacy authority to enforce the federal SDWA in California.
2) Safe Drinking Water Act (SDWA). The federal SDWA was enacted in 1974 to protect public health by regulating drinking water. The U.S. Environmental Protection Agency (US EPA) enforces the federal SDWA at the national level. Most states, including California, have been granted "primacy" by US EPA, giving each state the authority to implement and enforce the federal SDWA within the respective state’s borders. For the State Water Board to maintain this approved primacy authority, California must have statutes, regulations, and an implementation program for public water system supervision that are no less stringent than the federal SDWA and US EPA’s regulations.
3) California Retail Food Code (CRFC). The CRFC, which is primarily enforced by local health departments, applies to retail food facilities, some of which may also be public water systems. For example, a restaurant in a rural location might operate its own drinking water well, in which case the restaurant would be regulated as a public water system under the California SDWA and as a retail food facility under the CRFC.
4) Addressing Threat to State’s Primacy. Because of certain changes made to the California SDWA and the CRFC in AB 2727, Chapter 875, Statutes of 1996, the California SDWA currently applies to retail food facilities regulated under the CRFC only if the food facility serves water for drinking. This could be interpreted to exclude food facilities from regulation under the California SDWA even if those facilities are required to be regulated as public water systems under the federal SDWA. The US EPA interprets the federal SDWA to apply to any public water system that serves water for human uses other than drinking, such as bathing and cooking. If the exclusion in the California SDWA for food facilities that do not serve water for drinking were interpreted to exclude public water systems that serve water for other human uses, it would be inconsistent with federal SDWA primacy requirements. Regulation under the CRFC cannot substitute for regulation under the California SDWA because the CRFC does not include the state law authority, including enforcement authority, necessary for federal SDWA primacy.
US EPA is threatening to revoke California’s primacy to implement and enforce federal drinking water regulations if the state does not correct the apparent inconsistency between the food facility exemption and federal SDWA requirements. US EPA has indicated to the State Water Board that a repeal of Health and Safety Code section 116283 – as proposed in this bill – would satisfy US EPA’s concerns. By aligning the California SDWA with the federal SDWA, this bill ensures that state law is no less stringent than federal law. This protects the state’s primacy to enforce the federal SDWA in California.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: March 28, 2023
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Alex Lee, Chair
ABPCA Bill Id:AB 1627 (
Author:Lee) – As Introduced Ver:February 17, 2023
SUBJECT: California Safe Drinking Water Act: food facility
SUMMARY: Aligns state law with federal requirements by deleting a provision within the California Safe Drinking Water Act (California SDWA) that applies to food facilities that are regulated under the California Retail Food Code.
EXISTING LAW:
- Authorizes, pursuant to the federal SDWA, the United States Environmental Protection Agency (US EPA) to set standards for drinking water quality and to oversee the states, localities, and water suppliers that implement those standards. (42 United States Code § 300 (f), et seq.)
2) Establishes the SDWA and requires the State Water Resources Control Board (State Water Board) to maintain a drinking water program to regulate drinking water and to enforce the federal SDWA and other regulations. (Health and Safety Code (HSC) § 116270, et seq.)
3) Applies the California SDWA to a food facility regulated pursuant to the California Retail Food Code only if the human consumption includes the drinking of water. (HSC § 116283)
4) Creates the California Retail Food Code, which established uniform statewide health and sanitation standards for retail food facilities and is administered by the California Department of Public Health (CDPH). (HSC § 113700, et. seq.)
FISCAL EFFECT: Unknown.
COMMENTS:
Need for the bill: According to the author, "AB 1627 preserves the state's authority to implement the federal SDWA in California by repealing a provision in the California SDWA that may be construed to exempt food facilities that operate public water systems from regulation under the California SDWA. By aligning the California SDWA and the federal SDWA, AB 1627 ensures that state law is no less stringent than the federal law. This protects the state's primacy authority to enforce the federal SDWA in California."
The federal SDWA: The federal SDWA was enacted in 1974 to protect public health by regulating drinking water. The US EPA enforces the federal SDWA at the national level. California has enacted its own safe drinking water act to implement the federal law and establish state standards under the state SDWA. Most states, including California, have been granted "primacy" by the US EPA, giving them the authority to implement and enforce the federal SDWA at the state level.
California’s drinking water program: Through its Division of Drinking Water (DDW), the State Water Board is responsible for enforcing federal and state drinking water statutes and regulating public water systems. The State Water Board directly enforces the federal SDWA for all water systems with 200 or more service connections. For water systems with less than 200 connections, regulatory authority can be delegated to local health departments. The State Water Board adopts regulations for drinking water standards, monitoring requirements, cross-connections, design and operational standards, and operator certification. For the State Water Board to maintain this approved primacy authority, California must have statutes, regulations, and an implementation program for public water system supervision that are no less stringent than the federal SDWA and US EPA’s regulations.
CDPH's Food Safety Program: CDPH's Food Safety Program, as authorized by the Retail Food Code, is designed to protect and improve the health of consumers by assuring foods are safe, and are not adulterated, misbranded, or falsely advertised. CDPH conducts investigations and enforcement based upon scientific principles and its legal authority.
The California Retail Food Code applies to retail food facilities, some of which may also be public water systems. For example, a restaurant in a rural location might operate its own drinking water well, in which case the restaurant would be regulated as a public water system under the California SDWA and as a retail food facility under the California Retail Food Code. The California Retail Food Code is primarily enforced by local health departments.
In 1996, the Legislature amended both the California SDWA and the California Retail Food Code (AB 2727 House, Chapter 875, Statutes of 1996) to define potable water in the California Retail Food Code to mean water that meets the requirements for transient noncommunity water systems under the California SDWA. Transient noncommunity water systems are noncommunity water systems that do not regularly serve at least 25 of the same persons over six months per year, and they are subject to fewer requirements under the California SDWA than non-transient noncommunity water systems and community water systems. Assembly Bill 2727 also amended the California Retail Food Code to provide that the local "enforcement agency may monitor and enforce the potable drinking water standards in the California Safe Drinking Water Act for purposes of enforcing this chapter and compliance with any requirements with regard to potable water."
Assembly Bill 2727 also created the exception in the California SDWA that currently threatens the State of California’s federal SDWA primacy enforcement authority. The bill added section 116283 to the Health and Safety Code, which stipulates that the California SDWA "shall apply to a food facility that is regulated pursuant to the [California Retail Food Code] only if the human consumption includes drinking of water." The legislative history of AB 2727 indicates that it was intended to reduce the fees on businesses that operate public water systems but do not provide drinking water to the public. For example, the analysis from the Senate Health and Human Services Committee stated: "The author's office introduced this bill on behalf of a number of constituents who own businesses, are not a small water system, are not providing drinking water to the public, but do use the water for coffee or soft drinks;" and that "[s]upporters stipulate that in addition to AB 2727's definition of "potable water" it provides an appropriate level of protection for water being used for non-human consumption purposes. This measure will eliminate the double regulation in which food facilities are currently regulated as small water systems and as transient noncommunity water systems. Water provided under the authority of AB 2727 may not be offered to the public as drinking water."
At the time of AB 2727’s enactment, the drinking water program was administered by the Department of Health Services, which was the predecessor to CDPH, and did not oppose AB 2727 (in fact, the Department was listed as a supporter of the bill). Unfortunately, by exempting some public water systems from regulation under the California SDWA, AB 2727 created a threat to the State’s primacy enforcement authority under the federal SDWA. In 2014, the Legislature transferred the drinking water program from the Department of Public Health (to which it had previously been transferred from the Department of Health Services) to the State Water Board.
The California SDWA currently applies to retail food facilities regulated under the California Retail Food Code only if the food facility serves water for drinking. This could be interpreted to exclude food facilities from regulation under the California SDWA even if those facilities are required to be regulated as public water systems under the federal SDWA. The US EPA interprets the federal SDWA to apply to public water systems that serve water for human consumption other than drinking, such as bathing and cooking. If the exclusion in the California SDWA for food facilities that do not serve water for drinking were interpreted to exclude public water systems that serve water for other forms of human consumption, it would be inconsistent with state primacy requirements for enforcing the federal SDWA. For purposes of federal primacy requirements, regulation under the California Retail Food Code cannot substitute for regulation under the California SDWA because the California Retail Food Code does not include the state law authority, including enforcement authority, necessary for primacy. The US EPA is threatening to revoke California’s drinking water primacy if the state does not correct the apparent inconsistency of the food facility exemption with federal SDWA requirements.
This bill: AB 1627 preserves the State’s authority to implement the federal SDWA in California by repealing a provision in the California SDWA that may be construed as exempting certain food facilities that operate public water systems from regulation under the California SDWA. The US EPA has indicated to the State Water Board that a repeal of HSC § 116283 would satisfy their concerns. By aligning the California SDWA and the federal SDWA, AB 1627 ensures that state law is no less stringent than federal law. This protects the state’s primacy authority to enforce the federal SDWA in California.
Arguments in Support: None on file.
Arguments in Opposition: None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Josh Tooker / E.S. & T.M. /
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