Bills

AB 3073: Wastewater testing: illicit substances.

  • Session Year: 2023-2024
  • House: Assembly
  • Latest Version Date: 2024-03-21

Current Status:

Failed

(2024-05-16: In committee: Held under submission.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

Version:

Existing law establishes the State Department of Public Health to implement various programs throughout the state relating to public health. The department administers the CDPH Wastewater Surveillance Network Dashboard that provides an overview of wastewater surveillance of SARS-CoV-2 in California. The dashboard includes wastewater samples collected and analyzed by the department, wastewater utilities, and academic, laboratory, and other partners across the state.

This bill would require the department, in consultation with participating wastewater treatment facilities, local public health agencies, and other subject matter experts, to create a pilot program to test for high-risk substances and related treatment medications in wastewater. Under the bill, the goal of the program would be to determine how wastewater data can be used by state and local public health programs to address substance abuse in California. The bill would require the department to develop a list of target substances to be analyzed during the program that may include cocaine, fentanyl, methamphetamine, xylazine, methadone, buprenorphine, and naloxone. The bill would require the department, on or before July 1, 2025, to solicit voluntary participation from local public health agencies and wastewater treatment facilities, as specified. The bill would require the department to work with the participating agencies and facilities to collect samples and to arrange for those samples to be tested by qualified laboratories. The bill would require the department, in consultation with public health agencies and subject matter experts, to analyze test results to determine possible public health interventions.

This bill would authorize the department to utilize external funding sources to complete the pilot program. The bill would create the Wastewater Testing for Illicit Substances Pilot Program Fund for the purpose of receiving moneys from grants or voluntary donations. The bill would require the department, on or before December 31, 2027, to report its findings and recommendations to the Legislature, as specified.

This bill would repeal these provisions on January 1, 2028.

Existing law requires the State Water Resources Control Board to classify types of wastewater treatment plants, as defined, for the purpose of determining the levels of competence necessary to operate them. Existing law requires a person who operates a nonexempt wastewater treatment plant to possess a valid, unexpired wastewater certificate of the appropriate grade. This bill would require the state board to create a program to test for illicit substances, including, but not limited to, cocaine, fentanyl, methamphetamine, and morphine, in wastewater, as provided. The bill would require local sanitation agencies to collect wastewater sample for testing by the state board. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. The bill would require the state board to transmit the results of its wastewater testing to the State Department of Public Health for the department to post on its internet website.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Discussed in Hearing

Assembly Standing Committee on Environmental Safety and Toxic Materials8MIN
Apr 9, 2024

Assembly Standing Committee on Environmental Safety and Toxic Materials

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News Coverage:

AB 3073: Wastewater testing: illicit substances. | Digital Democracy