Existing law prohibits a person from operating a public water system without an emergency notification plan that has been submitted to and approved by the State Water Resources Control Board.

This bill would authorize and encourage a public water system, when updating an emergency notification plan, to provide notification to water users by means of other communications technology, including, but not limited to, text messages, email, or social media.

Existing law prohibits a person from operating a public water system without an emergency notification plan that has been submitted to and approved by the State Water Resources Control Board.

This bill would authorize and encourage a public water system, when updating an emergency notification plan, to provide notification to water users by means of other communications technology, including, but not limited to, text messages, email, or social media.

Existing law requires a person operating a public water system to notify the State Water Resources Control Board and users of the public water system, in the manner prescribed by the board, when any primary drinking water standard specified in the boards regulations is not complied with, when a monitoring requirement specified in the boards regulations is not performed, or when a water purveyor fails to comply with the conditions of any variance or exemption. Existing law authorizes and encourages the public water system to provide notice through foreign language media in addition to nonwritten notification provided for in the public water systems emergency notification plan.

This bill would further authorize and encourage public water systems to provide notification through public safety communications technology, including the federal Wireless Emergency Alert system, that communicates with groups in the affected geographic area. The bill would also make technical changes.

 CONSENT  

Bill No: AB 3090

Author: Maienschein (D)

Amended: 4/18/24 in Assembly

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/5/24

AYES: Gonzalez, Dahle, Hurtado, Laird, Menjivar, Nguyen, Skinner

ASSEMBLY FLOOR: 73-0, 4/29/24 - See last page for vote

SUBJECT: Drinking water standards: emergency notification plan

SOURCE: Author

DIGEST: This bill authorizes and encourages a public water system, when updating an emergency notification plan, to provide notification to water users, by means of other communications technology, including but not limited to, text messages, email, or social media.

ANALYSIS:

Existing law:

1. Requires, pursuant to the federal Safe Drinking Water Act (SDWA) and California SDWA, drinking water to meet specified standards for contamination (maximum contaminant levels, or MCLs) as set by the United States Environmental Protection Agency (US EPA) or the State Water Resources Control Board (State Water Board). (HSC § 116270 et seq.)
   
2. 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. (HSC § 116275 (h))
3. Requires a person to have an emergency notification plan in order to operate a public water system. The emergency notification plan must be submitted to and approved by State Water Board. The emergency notification plan shall provide for immediate notice to the customers of the public water system of any significant rise in the bacterial count of water or other failure to comply with any primary drinking water standard that represents an imminent danger to the health of the water users. (HSC § 116460)
4. Requires a public water system to deliver the public notice in a manner designed to reach residential, transient, and nontransient users of the water system and shall use, as a minimum, one of the following forms: radio or television; posting in conspicuous locations throughout the area served by the water system; hand delivery to persons served by the water system; or other method approved by the State Water Board, based on the method's ability to inform water system users. Notifications must happen within 24 hours of occurrence of the event. (22 California Code of Regulations (CCR) § 64463.1)
   

This bill authorizes and encourages a public water system, when updating an emergency notification plan, to provide notification to water users, by means of other communications technology, including but not limited to, text messages, email, or social media.

Background

1. Emergency Notification Plan. A person cannot operate a public water system unless they have an approved emergency notification plan. The State Water Board requires public water systems to submit the following information, as part of their emergency notification plan: administrative information of the public water system; names of designated people that will implement the plan once an imminent danger to the health of the water users has been identified; contact information for the State Water Board's Division of Drinking Water's (DDW) District Engineer; an alternative contact within DDW; and the contact information for someone from the County Environmental Health Department Local Primacy Agency. Water system operators are also provided contact information for the California Office of Emergency Services Warning Center (Cal OES), available 24/7.
   
   Water system operators are required to submit a description of the method or combination of methods that they use to communicate to their water users (e.g. radio, television, door-to-door, sound truck). The form states that consideration must be given to special organizations such as schools, non-English speaking groups, and outlying water users.
   
2. Wildfires and public water systems. The author's office has stressed the importance of having communication protocols that can organize and disseminate information quickly when water is not safe for consumption. These last several years California has experienced extreme weather events that have affected water quality (e.g., wildfires or flooding) and have left communities struggling and, in some cases, without access to safe drinking water. A news article published in 2018 in Chemical & Engineering News titled, "California wildfires caused unexpected benzene contamination of drinking water," describes the water contamination that occurred in the city of Santa Rosa, California following wildfires. Benzene levels persisted for months in the water systems because it was leaching from plastic pipes that had absorbed the chemical. According to the United States Environmental Protection Agency, volatile organic compound contamination of drinking water systems also poses a potential long-term problem after wildfires.
   
3. Communications during an emergency. While policies and frameworks for improving communication are improving over time, California has experienced problems in notifying or warning citizens in times of disaster or emergency. Proponents of the bill are in favor of maximizing the use of available notification technology systems. The aftermath after flooding events in Planada and Pajaro, California were examples they shared highlighting communication issues. Residents did not receive timely information on a "Do Not Drink/Do Not Boil" advisory. These events demonstrate a need to improve how public water system users are notified in certain emergencies.
   
4. This bill. Encourages public water systems to provide notification to water users, by means of other communications technology, including but not limited to, text messages, email, or social media. As technology advances and options for more immediate notification become available, public water systems are encouraged to make use of them to improve the speed at which people receive information.
   

Comments

Purpose of Bill. According to the author, "Californians have a fundamental right to safe, clean, accessible, and affordable drinking water, a right that we as a legislature have a duty to ensure. Encapsulated in that duty is a responsibility to protect that right in times of great uncertainty and hardship, for that fact we must focus our efforts on holding true to those words.”

Related/Prior Legislation

AB 2560 (Quirk, Chapter 350, Statues of 2020) required the State Water Board to post on its internet website and distribute through e-mail that it has initiated the development of a notification level (NL) or response level (RL) for a contaminant and information for a proposed NL or RL along with supporting documentation. Authorize the State Water Board's DDW to exempt a contaminant from the public process created for NLs and RLs if DDW finds that a contaminant presents the potential for imminent harm to public health and safety.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/5/24)

California Environmental Voters (formerly Clcv)
Carbon Cycle Institute
Clean Water Action
Cleanearth4kids.org
Community Water Center
Environmental Working Group
Families Advocating for Chemical and Toxics Safety
Human Impact Partners
Junior Philanthropists Foundation
Leadership Counsel for Justice & Accountability

OPPOSITION: (Verified 6/5/24)

None received

ASSEMBLY FLOOR: 73-0, 4/29/24

AYES: Addis, Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Rodriguez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Alvarez, Megan Dahle, Gallagher, Mathis, Rendon, Blanca Rubio, Sanchez

Prepared by: Gabrielle Meindl / E.Q. / (916) 651-4108

6/6/24 10:46:02

**** END ****

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Allen, Chair

2023 - 2024 Regular

Bill No: AB 3090

SUBJECT: Drinking water standards: emergency notification plan

DIGEST: Authorizes and encourages a public water system, when updating an emergency notification plan, to provide notification to water users, by means of other communications technology, including but not limited to, text messages, email, or social media.

ANALYSIS:

Existing law:

1. Requires, pursuant to the federal Safe Drinking Water Act (SDWA) and California SDWA, drinking water to meet specified standards for contamination (maximum contaminant levels, or MCLs) as set by the United States Environmental Protection Agency (US EPA) or the State Water Resources Control Board (State Water Board). (HSC § 116270 et seq.)
   
2. 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. (HSC § 116275 (h))
3. Requires a person to have an emergency notification plan in order to operate a public water system. The emergency notification plan must be submitted to and approved by State Water Board. The emergency notification plan shall provide for immediate notice to the customers of the public water system of any significant rise in the bacterial count of water or other failure to comply with any primary drinking water standard that represents an imminent danger to the health of the water users. (HSC § 116460)
4. Requires a public water system to deliver the public notice in a manner designed to reach residential, transient, and nontransient users of the water system and shall use, as a minimum, one of the following forms: radio or television; posting in conspicuous locations throughout the area served by the water system; hand delivery to persons served by the water system; or other method approved by the State Water Board, based on the method's ability to inform water system users. Notifications must happen within 24 hours of occurrence of the event. (22 California Code of Regulations (CCR) § 64463.1)
   

This bill authorizes and encourages a public water system, when updating an emergency notification plan, to provide notification to water users, by means of other communications technology, including but not limited to, text messages, email, or social media.

Background

1. Emergency Notification Plan. A person cannot operate a public water system unless they have an approved emergency notification plan. The State Water Board requires public water systems to submit the following information, as part of their emergency notification plan: administrative information of the public water system; names of designated people that will implement the plan once an imminent danger to the health of the water users has been identified; contact information for the State Water Board's Division of Drinking Water's (DDW) District Engineer; an alternative contact within DDW; and the contact information for someone from the County Environmental Health Department Local Primacy Agency. Water system operators are also provided contact information for the California Office of Emergency Services Warning Center (Cal OES), available 24/7.
   
   Water system operators are required to submit a description of the method or combination of methods that they use to communicate to their water users (e.g. radio, television, door-to-door, sound truck). The form states that consideration must be given to special organizations such as schools, non-English speaking groups, and outlying water users.
   
2. Wildfires and public water systems. The author's office has stressed the importance of having communication protocols that can organize and disseminate information quickly when water is not safe for consumption. These last several years California has experienced extreme weather events that have affected water quality (e.g., wildfires or flooding) and have left communities struggling and, in some cases, without access to safe drinking water. A news article published in 2018 in Chemical & Engineering News titled, "California wildfires caused unexpected benzene contamination of drinking water," describes the water contamination that occurred in the city of Santa Rosa, California following wildfires. Benzene levels persisted for months in the water systems because it was leaching from plastic pipes that had absorbed the chemical. According to the United States Environmental Protection Agency, volatile organic compound contamination of drinking water systems also poses a potential long-term problem after wildfires.
   
3. Communications during an emergency. While policies and frameworks for improving communication are improving over time, California has experienced problems in notifying or warning citizens in times of disaster or emergency. Proponents of the bill are in favor of maximizing the use of available notification technology systems. The aftermath after flooding events in Planada and Pajaro, California were examples they shared highlighting communication issues. Residents did not receive timely information on a "Do Not Drink/Do Not Boil" advisory. These events demonstrate a need to improve how public water system users are notified in certain emergencies.
   
4. This bill. AB 3090 encourages public water systems to provide notification to water users, by means of other communications technology, including but not limited to, text messages, email, or social media. As technology advances and options for more immediate notification become available, public water systems are encouraged to make use of them to improve the speed at which people receive information.
   

Comments

1. Purpose of Bill. According to the author, "Californians have a fundamental right to safe, clean, accessible, and affordable drinking water, a right that we as a legislature have a duty to ensure. Encapsulated in that duty is a responsibility to protect that right in times of great uncertainty and hardship, for that fact we must focus our efforts on holding true to those words.”
   

Related/Prior Legislation

AB 2560 (Quirk, Chapter 350, Statues of 2020) requires the State Water Board to post on its internet website and distribute through e-mail that it has initiated the development of a notification level (NL) or response level (RL) for a contaminant and information for a proposed NL or RL along with supporting documentation. Authorize the State Water Board's DDW to exempt a contaminant from the public process created for NLs and RLs if DDW finds that a contaminant presents the potential for imminent harm to public health and safety.

SOURCE:

Author

SUPPORT:

California Environmental Voters (formerly Clcv)
Carbon Cycle Institute
Clean Water Action
Community Water Center
Environmental Working Group
Families Advocating for Chemical and Toxics Safety
Human Impact Partners
Junior Philanthropists Foundation
Leadership Counsel for Justice & Accountability

OPPOSITION:

None received

ARGUMENTS IN SUPPORT:

According to a coalition of environmental groups, “In 2023, the farmworker community of Pajaro in Monterey County was flooded after the adjacent levee was breached by historic, climate change induced rainfall. Following this disaster, State and Local authorities were able to utilize the federal Wireless Emergency Alert System (WEA) to successfully evacuate more than 3,000 community residents from their homes. These timely alerts were dispersed to all participating wireless carriers in the affected area and provided immediate and potentially life-saving safety measures. However, returning residents faced ongoing drinking water contamination issues stemming from the flood, with both the Pajaro-Sunny Mesa Community Services District and local authorities struggling to provide notification of the “Do Not Drink/Do Not Boil” advisory in place for residents of Monterey County, prolonging the community’s exposure to contaminated tap water.

“Currently, water systems are authorized to give emergency notice of contamination through individually delivered and posted notices, along with required press releases. These methods can be unreliable, especially in the wake of preceding disasters, which may leave users with less reliable access to their mail or the news. Access to traditional forms of notification is increasingly fraught, with the dwindling presence of local newspapers, making it especially necessary to reach users through other avenues. Expanding methods of communication, giving

water systems the option to communicate with users via email, text, and social media, would increase visibility and timeliness of emergency alerts. Updated technology would also make it more viable to deliver these alerts in multiple languages, allowing them a broader reach.

“As the world adapts to the new “normal” of increasing natural disasters, California must ensure that its most vulnerable—including rural communities, non-English speakers, historically marginalized demographics, and hard-to-reach populations —have access to all available tools to ensure human health and safety in the event of a natural disaster that impacts drinking water sources. It is imperative that the Legislature take action to proactively address these issues. For

these reasons, we are proud to support AB 3090 and urge your AYE vote.”

ARGUMENTS IN OPPOSITION:

None received

Positions reflect letters received by noon one week prior to the hearing.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 3090

Author:(Maienschein)

As Amended Ver:April 18, 2024

Majority vote

SUMMARY

Encourages a public water system, when updating an emergency notification plan, to provide notification to water users, by means of other communications technology, including but not limited to, text messages, email, or social media.

Major Provisions

COMMENTS

What is a public water system? A public water system is defined as a system that provides water for human consumption to 15 or more connections or regularly serves 25 or more people daily for at least 60 days out of the year. Many people think of public water systems as large city or regional water suppliers, but they also include small housing communities, businesses, and even schools and restaurants that provide water. A public water system is not necessarily a public entity, and most public water systems are privately owned. Drinking water regulations impose the most stringent monitoring requirements on community and non-transient non-community water systems because the people they serve obtain all or much of their water from that system each day. Community water systems are city, county, regulated utilities, regional water systems, and even small water companies and districts where people live. Non-community non-transient water systems are places like schools and businesses that provide their own water. Being a public water system means providing affordable, safe drinking water to customers 24 hours a day, 7 days a week, 365 days a year. This includes associated legal, fiscal, and operational responsibilities, and future planning.

Emergency Notification Plan: A person cannot operate a public water system unless they have an approved emergency notification plan. In a document titled "Water Quality Emergency Notification Plan," the State Water Resources Control Board (State Water Board) requires public water systems to submit the following information, as part of their emergency notification plan: administrative information of the public water system; names of designated people that will implement the plan once an imminent danger to the health of the water users has been identified; contact information for the State Water Board's Division of Drinking Water's (DDW) District Engineer; an alternative contact within DDW; and the contact information for someone from the County Environmental Health Department Local Primacy Agency. Water system operators are also provided contact information for the California Office of Emergency Services Warning Center (Cal OES), available 24/7. Lastly, water system operators are required to submit a description of the method or combination of methods that they use to communicate to their water users (e.g. radio, television, door-to-door, sound truck). The form states that consideration must be given to special organizations such as schools, non-English speaking groups, and outlying water users.

Notification level (NL): Notification levels are established health-based advisory levels used by public water systems to provide information to their customers about certain non-regulated chemicals in drinking water that lack maximum contaminant levels (MCLs). When chemicals are found at concentrations greater than these levels, certain requirement and recommendations apply. Generally, NLs are established in response to actual contamination of drinking water supplies. NLs for a number of chemicals have been established in anticipation of possible contamination. According to the State Water Board's website, since the early 1980s, NLs for 93 contaminants have been established. Of those, 40 have gone through the formal regulatory process and now have MCLs. Currently there are 32 chemicals with notification levels. In addition, another 24 chemicals have archived advisory levels. 

Response level (RL): If a chemical is present in drinking water that is provided to consumers at concentrations considerably greater than the NL, the DDW recommends that the drinking water system take the source out of service. The level prompting a recommendation for source removal is the RL, and depends upon the toxicological endpoint that is the basis for the NL. For chemicals with a non-cancer toxicological endpoint, this recommendation occurs at 10 times the NL.

When a drinking water system does not take a source out of service despite the presence of a contaminant in drinking water at a level confirmed to be greater than the RL, the State Water Board recommends the following:

1. Notification of the local governing body that indicates water is being provided that exceeds the chemical's RL, and the reason for the continued use of the source.
2. Notification of the water system's customers and other water consumers that the contaminant is present in their drinking water at a concentration greater than its response level, the level at which source removal is recommended, and the reason for the continued use of the source.
3. Whenever such a public "right-to-know" notice occurs, it should be provided to customers and to the water-consuming population in the affected area that would not directly receive such information, including renters, workers, and students.
4. Notification should be provided directly to consumers, for example, by posted notices, hand-delivered notices, and water bill inserts.
5. A press release from the water system should also be issued to the local media.
6. After notification is provided, the DDW recommends the following: (1) Monthly sampling and analysis of the drinking water supply for as long as the contaminant exceeds its RL, and quarterly sampling for 12 months, should the concentration drop below the RL and (2) quarterly notification of the water system's customers and other water consumers for as long as the contaminant is present at a concentration greater than its RL, using the methods described above. 

While NLs and RLs are not regulatory standards they provide important information about contaminants to public water systems and their customers, at the same time there are signification actions imposed upon public water systems with the issuance of a NL or RL.

Wildfires and public water systems: The author's office has stressed the importance of having communication protocols that can organize and disseminate information quickly when water is not safe for consumption. These last several years California has experienced extreme weather events that have affected water quality (e.g., wildfires or flooding) and have left communities struggling and, in some cases, without access to safe drinking water. A news article published in 2018 in Chemical & Engineering News titled, "California wildfires caused unexpected benzene contamination of drinking water," describes the water contamination that occurred in the city of Santa Rosa, California following wildfires. Benzene levels persisted for months in the water systems because it was leaching from plastic pipes that had absorbed the chemical. A statement from an engineer in the article states, "…this event underscores the need for more research on plastic water pipes. The relative flexibility of plastic pipes is crucial in earthquake-prone areas like California. But their propensity for soaking up organics like a sponge can cause lingering contamination." According to the United States Environmental Protection Agency, volatile organic compound contamination of drinking water systems also poses a potential long-term problem after wildfires.

Communications during an emergency: While policies and frameworks for improving communication are improving over time, California has experienced problems in notifying or warning citizens in times of disaster or emergency. Proponents of the bill are in favor of maximizing the use of available notification technology systems. The aftermath after flooding events in Planada and Pajaro, California were examples they shared highlighting communication issues. Residents did not receive timely information on a "Do Not Drink/Do Not Boil" advisory. These events demonstrate a need to improve how public water system users are notified in certain emergencies.

The federal Wireless Emergency Alert System (WEA) became operational in 2012. WEA is a public safety system that allows customers with compatible mobile devices to receive geographically targeted, text-like messages alerting them of imminent threats to safety in their area. Mobile device users receive the WEA notification, unless they choose to deactivate the service on their mobile device. Alerts sent using WEA are sent through the Integrated Public Alert and Warning System (IPAWS). The Federal Emergency Management Agency's website states that federal agencies and state, local, tribal, and territorial governments are eligible to send alerts using IPAWS. Other public or private sector organization may also be eligible depending on their public safety mission. Information provided to the author's office said all California counties were registered to use WEA. It is unclear if it is the same agency or department across counties.

The Federal Communications Commission states, "Public Safety Messages are a new class of WEA's that you can use only in connection with Imminent Threat or AMBER Alerts to recommend steps that the public should take to save lives or property... The availability of Public Safety Messages gives alert originators the ability to provide additional information to their communities during emergencies when that information is essential to saving lives or property but does not meet the criteria for issuing an Imminent Threat or AMBER Alert." While there are many technical challenges and barriers for public water systems to use this technology, it may be possible, under unique circumstances for public safety messages to be used in water contamination emergencies.

Considerations: Public water systems are diverse in size, ownership, structure, areas they serve, users they serve, and even the numbers of counties they serve: what works for one, may not work for another. In dire situations water can be shut off or one water source can be disconnected to protect the health of public water system users. Water system operators or owners can both focus on making their systems more resilient to climate change to avoid having to send emergency notifications, and be encouraged to improve or update their communication methods.

According to the Author

"As our California landscape continues to change and unravel in the face of destructive weather events it is crucial that we remain vigilant to the potential threats to life and property. Our water systems are especially at risk and despite the best efforts to prepare for all eventualities communities remain vulnerable. Making sure those affected by these natural disasters have the best information possible regarding the safety of their drinking water allows us to be that much more prepared and proactive in our efforts to navigate an uncertain future."

Arguments in Support

According to a coalition of environmental groups on a previous version of AB 3090:

"In 2023, the farmworker community of Pajaro in Monterey County was flooded after the adjacent levee was breached by historic, climate change induced rainfall. Following this disaster, State and Local authorities were able to utilize the federal Wireless Emergency Alert System (WEA) to successfully evacuate more than 3,000 community residents from their homes. These timely alerts were dispersed to all participating wireless carriers in the affected area, and provided immediate and potentially lifesaving safety measures. However, returning residents faced ongoing drinking water contamination issues stemming from the flood, with both the Pajaro-Sunny Mesa Community Services District and local authorities struggling to provide notification of the "Do Not Drink/Do Not Boil" advisory in place for residents of Monterey County, prolonging the community’s exposure to contaminated tap water.

According to CalOES, each county has a certified operator for the WEA system; but no formal legislation outlines procedures detailing the usage of the WEA to alert the public to possible drinking water contamination following a natural disaster. AB 3090 would authorize public water systems authority to work with counties to use the Wireless Emergency Alert system (WEA) to send out alerts to water users for emergency Tier 1 notices, which notify users if their water is unsafe for human health and safety. This bill would also direct the public water systems to include important information for the water users, in both English and Spanish, and direct the water users to a website or others reliable sources where they can find more information and check to stay up to date on the status of their water safety and what is safe to do or not do with the water. As the world adapts to the new "normal" of increasing natural disasters, California must ensure that its most vulnerable—including rural communities, non-english speakers, and hard to reach populations —have access to all available tools to ensure human health and safety in the event of a natural disaster that impacts water contamination."

Arguments in Opposition

None on file

FISCAL COMMENTS

Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

VOTES

ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 7-0-0

YES: Garcia, Hoover, Connolly, McKinnor, Papan, Reyes, Ta

UPDATED

VERSION: April 18, 2024

CONSULTANT: Brenda Cisneros-Larios / E.S. & T.M. / (916) 319-3965 FN: 0002794

Date of Hearing: April 23, 2024

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Eduardo Garcia, Chair

ABPCA Bill Id:AB 3090 (

Author:Maienschein) – As Amended Ver:April 18, 2024

SUBJECT: Drinking water standards: emergency notification plan

SUMMARY: Updates the emergency notification plan, required in order for a person to operate a public water system, to encourage a public water system to provide notification to water users by means of various technology. Specifically, this bill:

1. Encourages a public water system, when updating an emergency notification plan, to provide notification to water users, by means of other communications technology, including but not limited to, text messages, email, or social media.

EXISTING LAW:

1. Defines a "person" as an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution, including the United States to the extent authorized by federal law. (Health and Safety Code (HSC) § 116275 (g))
2. Establishes the California Safe Drinking Water Act (SDWA) and requires the State Water Board to maintain a drinking water program. (HSC § 116270, et seq.)
3. Declares the established policy of the state to be that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. (Water Code § 106.3)
4. Requires, pursuant to the federal Safe Drinking Water Act (SDWA) and California SDWA, drinking water to meet specified standards for contamination (maximum contaminant levels, or MCLs) as set by the United States Environmental Protection Agency (US EPA) or the State Water Resources Control Board (State Water Board). (HSC § 116270 et seq.)
5. Defines "maximun contaminat level" as the maximal permissible level of contaminat in water. (HSC § 116275 (f))
6. Requires the State Water Board to adopt primary drinking water standards for contaminants in drinking water that are not less stringent than the national primary drinking water standards and are based on all of the following:
   1. The public health goal (PHG) for the contaminant published by the Office of Environmental Health Hazard Assessment (OEHHA);
   2. The national primary drinking water standard for the contaminant, if any, adopted by the US EPA; and,
   3. The technological and economic feasibility of compliance with the proposed primary drinking water standard. (HSC § 116365)
7. Defines "primary drinking water standards" as
   1. Maximum levels of contaminants, that in the judgement of the State Water Board, may have an adverse effect on the health of persons;
   2. Specific treatment techniques adopted by the State Water Board to establish maximum contaminant levels; and,
   3. The monitoring and reporting requirements as specified in regulations adopted by the State Water Board that pertain to maximum contaminant levels. (HSC § 116275)

1. 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. (HSC § 116275 (h))
2. Requires every public water system to annually prepare a consumer confidence report and mail or deliver a copy of that report to each customer, other than an occupant, as defined in Section 799.28 of the Civil Code, of a recreational vehicle park. A public water system in a recreational vehicle park with occupants as defined in Section 799.28 of the Civil Code shall prominently display on a bulletin board at the entrance to or in the office of the park, and make available upon request, a copy of the report (HSC § 116470 (a)).
3. Requires any person who owns a public water system to ensure that the system does all of the following:
4. Complies with primary and secondary drinking water standards;
5. Will not be subject to backflow under normal operating conditions;
6. Provides a reliable and adequate supply of pure, wholesome, healthful, and potable water;
7. Employs or utilizes only water treatment operators or water treatment operators-in-training that have been certified by the State Water Board at the appropriate grade; and,
8. Complies with the operator certification program. (HSC § 116555 (a))
9. Requires the US EPA to establish criteria for a program to monitor unregulated contaminants and publish a list of up to 30 contaminants to be monitored every five years, known as the federal Unregulated Contaminant Monitoring Rule. (42 United States Code § 300(f))
10. Requires on or before July 1, 1998, and every three years thereafter, public water systems serving more than 10,000 service connections that detect one or more contaminants in drinking water that exceed the applicable public health goal, to prepare a brief written report in plain language that does all of the following:
    1. Identifies each contaminant detected in drinking water that exceeds the applicable health goal;
    2. Discloses the numerical public health risk, determined by OEHHA, associated with the maximum contaminant level for each contaminant and the numerical public health risk determined by OEHHA associated with the public health goal for that contaminant;
    3. Identifies the category of risk to public health (i.e. carcinogenic);
    4. Describes the best technology, if available on a commercial basis, to remove the contaminant or reduce the concentration of the contaminant;
    5. Estimates the costs and the cost per customer of utilizing said technology to remove the contaminant or reduce the concentration of the contaminant; and,
    6. Describes what action, if any, the local water purveyor intends to take to reduce the concentration of the contaminant in public drinking water supplies and the basis for that decision. (HSC § 116470 (b))
11. Requires a person to have an emergency notification plan in order to operate a public water system. The emergency notification plan must be submitted to and approved by State Water Board. The emergency notification plan shall provide for immediate notice to the customers of the public water system of any significant rise in the bacterial count of water or other failure to comply with any primary drinking water standard that represents an imminent danger to the health of the water users. (HSC § 116460)
12. Requires a water system to give a Tier 1 Public Notice if any of the following occur:
    1. A violation of E. coli MCL;
    2. A violation for the MCL for nitrate, nitrite, or total nitrate and nitrite, or when the water system fails to take a confirmation sample within 24 hours of the system's receipt of the first sample showing an exceedance of the nitrate or nitrite MCL;
    3. An occurrence of a waterborne microbial disease outbreak, or other waterborne emergency, a failure or significant interruption in water treatment process, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that has the potential adverse effects on human health as a result of short-term exposure;
    4. Another violation or occurrence that has the potential for adverse effects on human health as a result of short-term exposure, as determined by the State Water Board based on a review of all available toxicological and analytical data;
    5. A violation of the MCL for chlorite;
    6. A violation of the MCL for perchlorate;
    7. A turbidity exceedance; and,
    8. A violation of the MRDL for chlorine dioxide; or when a system fails to take the required sample(s) within the distribution system, on the day following an exceedance of the MRDL at the entrance to the distribution system.

Requires a public water system to deliver the public notice in a manner designed to reach residential, transient, and nontransient users of the water system and shall use, as a minimum, one of the following forms: radio or television; posting in conspicuous locations throughout the area served by the water system; hand delivery to persons served by the water system; or other method approved by the State Water Board, based on the method's ability to inform water system users. Notifications must happen within 24-hours of occurrence of the event. (22 California Code of Regulations (CCR) § 64463.1)

FISCAL EFFECT: Unknown

COMMENTS:

Need for the bill: According to the author, "As our California landscape continues to change and unravel in the face of destructive weather events it is crucial that we remain vigilant to the potential threats to life and property. Our water systems are especially at risk and despite the best efforts to prepare for all eventualities communities remain vulnerable. Making sure those affected by these natural disasters have the best information possible regarding the safety of their drinking water allows us to be that much more prepared and proactive in our efforts to navigate an uncertain future."

California’s drinking water program: Senate Bill 861 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2014) transferred the state's drinking water program from the California Department of Public Health (CDPH) to the State Water Board effective July 1, 2014, creating the new Division of Drinking Water (DDW) within the State Water Board and made other statutory changes to create efficiencies and adoption and administration of the drinking water program.

The State Water Board has regulatory oversight of approximately 7,500 public drinking water systems in California. The State Water Board directly enforces the federal SDWA for all large water systems (those with 200 or more service connections), including those water systems regulated under the California Public Utilities Commission, the Department of Financial Protection and Innovation, or the Department of Housing and Community Development.

For small water systems (those with less than 200 connections), local health departments can be delegated, by the State Water Board, to have regulatory authority as the local primacy agency (LPA). 30 of California’s 58 counties have LPA delegation agreements with the State Water Board, and therefore have primary responsibility of regulatory oversight of the public drinking water systems in their counties, which consist of community water systems with more than 14 and less than 200 connections, non-community non-transient systems, and non-community transient systems. In the remaining 28 counties, all public water systems, regardless of size, are directly overseen by the State Water Board.

The State Water Board has adopted regulations for drinking water standards, monitoring requirements, cross-connections, design and operational standards, and operator certification. The implementation of the drinking water program involves: (1) establishment of drinking water standards, (2) certification of operators and point-of-use treatment devices, and (3) direct regulation of public water systems with the authority to delegate oversight responsibility of small water systems to local county health departments. The regulation of public water systems includes: (1) issuance of permits covering the approval of water system design and operation procedures, (2) inspection of water systems, (3) the enforcement of laws and regulations to assure that all public water systems routinely monitor water quality and meet current standards, and (4) assuring notification is provided to consumers when standards are not being met.

What is a public water system? A public water system is defined as a system that provides water for human consumption to 15 or more connections or regularly serves 25 or more people daily for at least 60 days out of the year. Many people think of public water systems as large city or regional water suppliers, but they also include small housing communities, businesses, and even schools and restaurants that provide water. A public water system is not necessarily a public entity, and most public water systems are privately owned. Drinking water regulations impose the most stringent monitoring requirements on community and non-transient non-community water systems because the people they serve obtain all or much of their water from that system each day. Community water systems are city, county, regulated utilities, regional water systems, and even small water companies and districts where people live. Non-community non-transient water systems are places like schools and businesses that provide their own water. Being a public water system means providing affordable, safe drinking water to customers 24 hours a day, 7 days a week, 365 days a year. This includes the associated legal, fiscal, and operational responsibilities, and future planning.

Human right to water: In 2012, California became the first state to enact a Human Right to Water law, AB 685 (Eng, Chapter 524, Statutes of 2012). Public policy continues to be focused on the right of every human being to have safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitation. Water supply, contaminants, costs of treatment and distribution systems, the number and nature of small public water systems, especially in disadvantaged communities, and many other factors will continue to challenge progress in addressing the Human Right to Water.

Notification level (NL): Notification levels are established health-based advisory levels used by public water systems to provide information to its customers about certain non-regulated chemicals in drinking water that lack MCLs. When chemicals are found at concentrations greater than these levels, certain requirement and recommendations apply. Generally, NLs have been established in response to actual contamination of drinking water supplies, e.g., perchlorate, which now has an MCL. However, NLs for a number of chemicals were established in anticipation of possible contamination, such as from a hazardous waste site containing many pesticides (in the 1980s), or from a federal Superfund site (in the 2000s).

Once established, a NL generally stays in place, unless it is replaced by an MCL. On occasion, though, the DDW has revised the numeric value of an individual NL to reflect new risk assessment information on the particular chemical. For some of the chemicals that had advisory levels established early on, if no MCL was adopted and the need for the NL had passed, the advisory level was archived. Archived advisory levels may nevertheless be updated to reflect any new risk information that may become available, and may be used as NLs if needed.

According to information listed in the State Water Boards website, since the early 1980s, notification levels for 93 contaminants have been established. Of those, 40 have gone through the formal regulatory process and now have MCLs. Currently there are 32 chemicals with notification levels. In addition, another 24 chemicals have archived advisory levels. 

Response level (RL): If a chemical is present in drinking water that is provided to consumers at concentrations considerably greater than the NL, the DDW recommends that the drinking water system take the source out of service. The level prompting a recommendation for source removal is the RL, and depends upon the toxicological endpoint that is the basis for the NL. For chemicals with a non-cancer toxicological endpoint, this recommendation occurs at 10 times the NL.

When a drinking water system does not take a source out of service despite the presence of a contaminant in drinking water at a level confirmed to be greater than the RL, the State Water Board recommends the following:

• Notification of the local governing body (i.e. city council or board of supervisors, or both) that indicates water is being provided that exceeds the chemical's RL, and the reason for the continued use of the source.
• Notification of the water system's customers and other water consumers that the contaminant is present in their drinking water at a concentration greater than its response level, the level at which source removal is recommended, and the reason for the continued use of the source.
• Whenever such a public "right-to-know" notice occurs, it should be provided to customers and to the water-consuming population in the affected area that would not directly receive such information, including renters, workers, and students.
• Notification should be provided directly to consumers, for example, by posted notices, hand-delivered notices, and water bill inserts.
• A press release from the water system should also be issued to the local media.
• After notification is provided, the DDW recommends the following: (1) Monthly sampling and analysis of the drinking water supply for as long as the contaminant exceeds its RL, and quarterly sampling for 12 months, should the concentration drop below the RL and (2) quarterly notification of the water system's customers and other water consumers for as long as the contaminant is present at a concentration greater than its RL, using the methods described above. 

While NLs and RLs are not regulatory standards they provide important information about contaminants to public water systems and their customers, at the same time there are signification actions imposed upon public water systems with the issuance of a NL or RL.

Emergency Notification Plan: A person cannot operate a public water system unless they have an approved emergency notification plan. In a document titled "Water Quality Emergency Notification Plan," the State Water Board requires public water systems to submit the following information, as part of their emergency notification plan: administrative information of the public water system; names of designated people that will implement the plan once an imminent danger to the health of the water users has been identified; contact information for the State Water Board's DDW's District Engineer; an alternative contact within DDW; and the contact information for someone from the County Environmental Health Department Local Primacy Agency. Water systems operators are also provided contact information for Office of Emergency Services Warning Center, available 24/7. Lastly, water system operators are required to submit a description of the method or combination of methods that they use to communicate to their water users (e.g. radio, television, door-to-door, sound truck). The form states, consideration must be given to special organizations such as schools, non-English speaking groups, and outlying water users.

Wildfires and public water systems: The author's office has stressed the importance of having communication protocols that can organize and disseminate information quickly when water is not safe for consumption. These last several years California has experienced extreme weather events that have affected water quality (e.g. wildfires, drought or flooding) and have left communities struggling and, in some cases, without access to safe drinking water. A news article published in 2018 in Chemical & Engineering News titled, "California wildfires caused unexpected benzene contamination of drinking water," describes the water contamination that occurred in the city of Santa Rosa, California following wildfires. Benzene levels persisted for months in the water systems because it was leaching from plastic pipes that had absorbed the chemical. A statement from an engineer in the article states "this event underscores the need for more research on plastic water pipes. The relative flexibility of plastic pipes is crucial in earthquake-prone areas like California. But their propensity for soaking up organics like a sponge can cause lingering contamination." Furthermore, an article available in the US EPA websites, addresses contamination of drinking water systems from volatile organic compounds (VOCs) after wildfires recognizes that VOC contamination can potentially be a long-term problem.

Communications during an emergency: While policies and frameworks for improving communication are improving over time, California has experienced problems in notifying or warning citizens in times of disaster or emergency. Proponents of the bill are in favor of maximizing the use of available notification technology systems. The aftermath after flooding events in Planada and Pajaro, California were examples they shared highlighting the need to improve communication. Residents did not receive timely information on a "Do Not Drink/Do Not Boil" advisory. These events demonstrated a need to improve how public water system users are notified in certain emergencies.

The federal Wireless Emergency Alert System (WEA) was established through The Warning, Alert, and Response Network (WARN) Act in 2008 and became operational in 2012. WEA is a public safety system that allows customers who own compatible mobile devices to receive geographically targeted, text-like messages alerting them of imminent threats to safety in their area. WEA is an opt-out system. Mobile device users will receive the WEA notification unless they choose to deactivate the service on their mobile device. Alerts sent using WEA are sent through the Integrated Public Alert and Warning System (IPAWS). As stated in FEMA's website, federal agencies and state, local, tribal, and territorial governments are eligible to send alerts using IPAWS. Other public or private sector organization may also be eligible depending on their public safety mission. Information provided to the author's office said all California counties were registered to use WEA. It is unclear if it’s the same agency or department across counties.

According to the Federal Communications Commission's website, "Public Safety Messages are a new class of WEA's that you can use only in connection with Imminent Threat or AMBER Alerts to recommend steps that the public should take to save lives or property... The availability of Public Safety Messages gives alert originators the ability to provide additional information to their communities during emergencies when that information is essential to saving lives or property but does not meet the criteria for issuing an Imminent Threat or AMBER Alert." While there are many technical challenges and barriers for public water systems to use this technology, it may be possible, under unique circumstances for public safety messages to be used in water contamination emergencies.

Considerations: Public water systems are diverse in size, ownership, structure, areas they serve, users they serve, and even number of counties they serve: what works for one, may not work for another. In dire situations water can be shut off or one water source can be disconnected to protect the health of public water system users. Water system operators or owners can both focus on making their systems more resilient to climate change to avoid having to send emergency notifications, and be encouraged to improve or update their communication methods.

As this bill moves through the legislative process, the author is encouraged to continue discussions with the State Water Board and California Governor's Office of Emergency Services to determine if public safety messages can be an option for contaminated water notifications, under specific circumstances, and identify a framework for implementation.

This bill: AB 3090 encourages public water systems to provide notification to water users, by means of other communications technology, including but not limited to, text messages, email, or social media. As technology advances and options for more immediate notification become available, public water systems are encouraged to make use of them to improve the speed in which people receive information.

Arguments in support: According to a coalition of environmental groups on a previous version of AB 3090:

"In 2023, the farmworker community of Pajaro in Monterey County was flooded after the adjacent levee was breached by historic, climate change induced rainfall. Following this disaster, State and Local authorities were able to utilize the federal Wireless Emergency Alert System (WEA) to successfully evacuate more than 3,000 community residents from their homes. These timely alerts were dispersed to all participating wireless carriers in the affected area, and provided immediate and potentially lifesaving safety measures. However, returning residents faced ongoing drinking water contamination issues stemming from the flood, with both the Pajaro-Sunny Mesa Community Services District and local authorities struggling to provide notification of the "Do Not Drink/Do Not Boil" advisory in place for residents of Monterey County, prolonging the community’s exposure to contaminated tap water.

According to CalOES, each county has a certified operator for the WEA system; but no formal legislation outlines procedures detailing the usage of the WEA to alert the public to possible drinking water contamination following a natural disaster. AB 3090 would authorize public water systems authority to work with counties to use the Wireless Emergency Alert system (WEA) to send out alerts to water users for emergency Tier 1 notices, which notify users if their water is unsafe for human health and safety. This bill would also direct the public water systems to include important information for the water users, in both English and Spanish, and direct the water users to a website or others reliable sources where they can find more information and check to stay up to date on the status of their water safety and what is safe to do or not do with the water. As the world adapts to the new "normal" of increasing natural disasters, California must ensure that its most vulnerable—including rural communities, non-english speakers, and hard to reach populations —have access to all available tools to ensure human health and safety in the event of a natural disaster that impacts water contamination."

Arguments in opposition: None.

Related Legislation:

1. AB 2560 (Quirk, Chapter 350, Statues of 2020). Requires the State Water Board to post on its internet website and distribute through e-mail that it has initiated the development of a NL or RL for a contaminant and information for a proposed NL or RL along with supporting documentation. Authorize the State Water Board's DDW to exempt a contaminant from the public process created for NLs and RLs if DDW finds that a contaminant presents the potential for imminent harm to public health and safety.
2. SB 3 (Dodd, Chapter 855, Statutes of 2023). Requires, on and after August 1, 2024, covered water systems that supply water to 200 service connections or less to have a written policy on the discontinuation of residential water service. Requires that policy to be provided in writing in multiple languages. Prohibits covered water systems from shutting off water service for certain customers that meet specified criteria and prohibits the shutoff of water service until the water bill has been delinquent for 60 days. Enacts a cap on reconnection fees a covered water system can charge for restoring water service.
3. SB 998 (Dodd, Chapter 891, Statutes of 2018). Requires all public water systems (with more than 200 connections) to have a written policy on discontinuation of residential water service and to provide that policy in multiple languages. Prohibits a public water system from shutting off water service for certain customers that meet specified criteria and prohibits the shutoff of water service until the bill has been delinquent for 60 days. Caps the reconnection fees a public water system can charge for restoring water service.

REGISTERED SUPPORT / OPPOSITION:

Support

Carbon Cycle Institute
Clean Water Action
Cleanearth4kids.org
Community Water Center
Environmental Working Group
Human Impact Partners
Leadership Counsel for Justice and Accountability

Opposition

None on file.

Analysis Prepared by: Brenda Cisneros-Larios / E.S. & T.M. /