AB 990: Public water systems: emergency notification plan.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2025-02-20
Current Status:
In Progress
(2025-06-30: Ordered to inactive file at the request of Senator Choi.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting enforcement regulations, and conducting studies and investigations to assess the quality of domestic water wells.
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 board. Existing law requires the emergency notification plan to 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.
This bill would authorize and encourage a public water system to provide notification to water users in their preferred language when updating the emergency notification plan, if resources are available.
(a)A person shall not operate a public water system without an emergency notification plan that has been submitted to and approved by the department. state 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.
(b)When updating an emergency notification plan pursuant to this section, a public water system may, and is encouraged to, provide notification to water users, by means of other communications technology, including, but not limited to, text messages, email, or social media.
(c)A permit, variance, or exemption may shall not be issued or amended pursuant to this chapter until an emergency notification plan has been approved by the department. state board.
(d)When updating an emergency notification plan pursuant to this section, a public water system may, and is encouraged to, provide notification to water users in their preferred language, if resources are available.
(d)(e)The department state board shall adopt regulations to implement this section. The regulations may provide for the exclusion of public water systems from the requirements of this section when, in the judgment of the department, state board, the exclusion will best serve the public interest.
|
Date
|
Status
|
|---|---|
| Jun 30, 2025 | Ordered to inactive file at the request of Senator Choi. |
| Jun 27, 2025 | From Consent Calendar. |
| Jun 27, 2025 | Ordered to third reading. |
| Jun 19, 2025 | Read second time. Ordered to Consent Calendar. |
| Jun 18, 2025 | From committee: Do pass. To Consent Calendar. (Ayes 6. Noes 0.) (June 18). |
| May 7, 2025 | Referred to Com. on E.Q. |
| Apr 24, 2025 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 24, 2025 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1279.) |
| Apr 10, 2025 | Read second time. Ordered to Consent Calendar. |
| Apr 9, 2025 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (April 8). |
| Mar 10, 2025 | Referred to Com. on E.S & T.M. |
| Feb 21, 2025 | From printer. May be heard in committee March 23. |
| Feb 20, 2025 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 18, 2025 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Environmental Quality |
Passed |
|
| Apr 24, 2025 | AB 990 Hadwick Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 8, 2025 | Do pass. 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.
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 990 |
THIRD READING
Bill No: AB 990
Author: Hadwick (R)
Introduced: 2/20/25
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 6/18/25
AYES: Blakespear, Valladares, Dahle, Hurtado, Menjivar, Pérez
NO VOTE RECORDED: Gonzalez, Padilla
ASSEMBLY FLOOR: 75-0, 4/24/25 (Consent) - See last page for vote
SUBJECT: Public water systems: 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 in their preferred language, if resources are available.
ANALYSIS:
Existing federal law:
- Establishes the federal Safe Drinking Water Act (SDWA) that requires drinking water to meet specified standards for contamination as set by the United States Environmental Protection Agency (U.S. EPA). (42 United States Code § 300(f) et seq.)
Existing state law:
- Requires, pursuant to the California SDWA, the State Water Resources Control Board (State Water Board) to regulate drinking water and to enforce the federal SDWA and other regulations. (Health and Safety Code (HSC) § 116275, et seq.)
- Declares that it is the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. (Water Code (WC) § 106.3)
- Establishes, under the California SDWA, the following definitions:
- “Maximum contaminant level” (MCL) means the maximum permissible level of a contaminant in water;
- “Primary drinking water standards” means:
- MCLs that may have an adverse effect on human health;
- Specific treatment techniques adopted by the State Water Board in lieu of MCLs; or,
- The monitoring and reporting requirements specified in regulations, adopted by the State Water Board, that pertain to MCLs;
- “Person” means 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; and,
- “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. (HSC § 116275)
- 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 Board. (HSC § 116460)
- Requires the emergency notification plan to provide for immediate notice to the public water system's customers of any significant rise in bacterial count, or other failure to comply with any primary drinking water standard that represents an imminent danger to the health of water users. (HSC § 116460)
- Authorizes and encourages a public water system, when updating an emergency notification plan, to provide notification to water users by means of other communication technology, including, but not limited to, text messages, email, or social media. (HSC § 116460)
- Requires water systems to provide public notice in response to any one of several events, including occurrence of a microbial disease outbreak or violations of specified MCLs. The public notice requirements are specified in three tiers and include language content requirements as follows:
- Tier 1 public notices are to be provided in English, Spanish, and the language spoken by any non-English-speaking group exceeding 10% of the persons served by a public water system. Otherwise, for any non-English speaking group that exceeds 1,000 water users, notices must include information regarding the importance of the notice and contact information to access translated materials. (California Code of Regulations (CCR) § 64401.71, 64463.1, and 64465(c)); and,
- Tier 2 and 3 public notices are to be provided in English and contain information regarding the importance of the notice or contact information where water users may access translated materials for any size Spanish-speaking population and any other non-English speaking group that exceeds 1,000 residents or 10% of the residents served by the water system. (CCR § 64401.72, 64401.73, 64463.4, 64463.7, and 64465(c))
This bill:
- Authorizes and encourages a public water system, when updating an emergency notification plan, to provide notification to water users in their preferred language, if resources are available.
- Prohibits a permit, variance, or exemption from being issued or amended until an emergency notification plan has been approved by the State Water Board.
Background
- Drinking water contamination. While most drinking water in California meets requirements for health and safety, surface waters and aquifers used for drinking water can be contaminated by various chemicals, microbes, and radionuclides. According to the U.S. EPA, common sources of drinking water contaminants include industry, agriculture, waste, and natural sources. The U.S. EPA reports that there is a broad range of health effects associated with exposure to drinking water contaminants. Ingestion or exposure to pathogens at sufficient doses can result in gastrointestinal illness with symptoms such as diarrhea, nausea, stomach cramps, and vomiting. Exposure to higher doses of chemicals, metals, or radionuclides through drinking water can produce biological responses, toxicological effects, and more severe health impacts including cancer, developmental or reproductive effects, neurological changes, and organ damage.
- The regulation of drinking water contamination. To regulate drinking water contaminants that pose significant health risks, the State Water Board can begin the process by requesting that the Office of Environmental Health Hazard Assessment (OEHHA) establish a public health goal (PHG). PHGs are concentrations of drinking water contaminants that pose no significant health risk if consumed for a lifetime, based on current risk assessment principles, practices, and methods. Once OEHHA establishes a PHG, the State Water Board determines whether an MCL—a legally enforceable primary drinking water standard that applies to public water systems—should be considered. If the State Water Board determines that an MCL should be considered, it then conducts an in-depth risk management analysis and, if appropriate, initiates the regulatory process for adopting an MCL, enforceable under the California SDWA.
- Wildfires and drinking water contamination. According to the California Air Resources Board, the frequency and severity of wildfires have been increasing, both in the state and all over the world. Since 1950, the area burned by California wildfires each year has been growing, as spring and summer temperatures increase and spring snowmelt occurs earlier. CalFire data show that four out of the five most destructive wildfires in California history happened in just the last 10 years. In 2025, the Eaton and Palisades fires in Los Angeles County destroyed over 16,000 structures and burned 38,000 acres combined; in 2018, the Camp Fire in Butte County destroyed nearly 19,000 structures and burned 153,000 acres; and in 2017, the Tubbs Fire in Napa and Sonoma counties destroyed more than 5,500 structures and burned nearly 37,000 acres.
According to research reviewed by the Union of Concerned Scientists in a 2021 brief, “Wildfire and water supply in California”, the Tubbs and Camp fires were the first known instances where widespread drinking water contamination was discovered in drinking water distribution systems after wildfire events. The brief describes how wildfires can negatively impact drinking water quality and infrastructure through multiple pathways, including the following:
- Loss of pressure in water service lines can allow soil and contaminants, including bacteria, to enter the distribution system;
- Subsequent rainfall on burn scars can wash contaminants and sediment downstream into reservoirs, which can clog water system filters or fuel algal blooms; and,
- Burned or melted water infrastructure can release dangerous levels of volatile organic compounds, like benzene, into drinking water supplies.
Among other things, the brief recommends that officials ensure water safety communications and alerts are translated into locally accessible languages.
- The need for emergency notification. State law prohibits a public water system from operating without an emergency notification plan, which must be approved by the State Water Board. These plans contain emergency contact phone numbers for water system personnel and a description of the system's public notification methods. The plan must provide for immediate notice to customers, in the event that there is a significant rise in bacterial counts or other failures to comply with MCLs that pose an imminent threat to human health. Ensuring that public notification is accessible has been of interest to the Legislature. AB 3090 (Maienschein, Chapter 68, Statutes of 2024) authorized public water systems to provide notification to water users by various means of technology, including text messages and social media. This bill addresses potential language barriers water users may face when receiving information from public water systems about water contamination and any related threat to public health.
Comments
- Purpose of Bill. According to the author, “During an emergency, every second counts, and being notified in your preferred language could make all the difference. As California becomes increasingly more diverse and disaster prone, it is important that we do more to promote public safety and improve communications in an emergency. In some California counties, there are dozens of primary languages spoken. This bill would encourage public water systems, if resources are available, to update their emergency notification plan to include notifying users in their preferred language. AB 990 will improve emergency response and increase public safety.”
- California’s language landscape. California’s population consists of a very diverse language landscape. There is an estimated 200 languages spoken across the state. According to the 2015 Limited English Proficient (LEP) Language Map, nearly 20% of the population is LEP and the top five listed languages spoken are Spanish, Chinese, Vietnamese, Tagalog, and Korean. Current regulations require public notification of certain specified violations and threats to be provided in English, Spanish, and any non-English speaking group exceeding 10% of the persons served by the public water system. Some public notices (Tier 2 and 3) are required to provide information in the respective language regarding the importance or contact information to access translated materials. For any population non-English or -Spanish-speaking population, especially those populations with less than 1,000 water users, access to translated information may be difficult. This bill encourages access to translated information regardless of population size, if resources are available. All Californians deserve to know about the safety of their drinking water, and this bill would encourage inclusive access to that knowledge.
Related/Prior Legislation
AB 3090 (Maienschein, Chapter 68, Statutes of 2024) authorized and encouraged a public water system, when updating its emergency notification plan, to provide notification to water users by means of various technology.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 6/19/25)
None received
OPPOSITION: (Verified 6/19/25)
None received
ASSEMBLY FLOOR: 75-0, 4/24/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Chen, Gallagher, Harabedian, Lackey
Prepared by: Taylor McKie / E.Q. / (916) 651-4108
6/27/25 11:10:48
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 990 |
CONSENT
Bill No: AB 990
Author: Hadwick (R)
Introduced: 2/20/25
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 6/18/25
AYES: Blakespear, Valladares, Dahle, Hurtado, Menjivar, Pérez
NO VOTE RECORDED: Gonzalez, Padilla
ASSEMBLY FLOOR: 75-0, 4/24/25 (Consent) - See last page for vote
SUBJECT: Public water systems: 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 in their preferred language, if resources are available.
ANALYSIS:
Existing federal law:
- Establishes the federal Safe Drinking Water Act (SDWA) that requires drinking water to meet specified standards for contamination as set by the United States Environmental Protection Agency (U.S. EPA). (42 United States Code § 300(f) et seq.)
Existing state law:
- Requires, pursuant to the California SDWA, the State Water Resources Control Board (State Water Board) to regulate drinking water and to enforce the federal SDWA and other regulations. (Health and Safety Code (HSC) § 116275, et seq.)
- Declares that it is the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. (Water Code (WC) § 106.3)
- Establishes, under the California SDWA, the following definitions:
- “Maximum contaminant level” (MCL) means the maximum permissible level of a contaminant in water;
- “Primary drinking water standards” means:
- MCLs that may have an adverse effect on human health;
- Specific treatment techniques adopted by the State Water Board in lieu of MCLs; or,
- The monitoring and reporting requirements specified in regulations, adopted by the State Water Board, that pertain to MCLs;
- “Person” means 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; and,
- “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. (HSC § 116275)
- 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 Board. (HSC § 116460)
- Requires the emergency notification plan to provide for immediate notice to the public water system's customers of any significant rise in bacterial count, or other failure to comply with any primary drinking water standard that represents an imminent danger to the health of water users. (HSC § 116460)
- Authorizes and encourages a public water system, when updating an emergency notification plan, to provide notification to water users by means of other communication technology, including, but not limited to, text messages, email, or social media. (HSC § 116460)
- Requires water systems to provide public notice in response to any one of several events, including occurrence of a microbial disease outbreak or violations of specified MCLs. The public notice requirements are specified in three tiers and include language content requirements as follows:
- Tier 1 public notices are to be provided in English, Spanish, and the language spoken by any non-English-speaking group exceeding 10% of the persons served by a public water system. Otherwise, for any non-English speaking group that exceeds 1,000 water users, notices must include information regarding the importance of the notice and contact information to access translated materials. (California Code of Regulations (CCR) § 64401.71, 64463.1, and 64465(c)); and,
- Tier 2 and 3 public notices are to be provided in English and contain information regarding the importance of the notice or contact information where water users may access translated materials for any size Spanish-speaking population and any other non-English speaking group that exceeds 1,000 residents or 10% of the residents served by the water system. (CCR § 64401.72, 64401.73, 64463.4, 64463.7, and 64465(c))
This bill:
- Authorizes and encourages a public water system, when updating an emergency notification plan, to provide notification to water users in their preferred language, if resources are available.
- Prohibits a permit, variance, or exemption from being issued or amended until an emergency notification plan has been approved by the State Water Board.
Background
- Drinking water contamination. While most drinking water in California meets requirements for health and safety, surface waters and aquifers used for drinking water can be contaminated by various chemicals, microbes, and radionuclides. According to the U.S. EPA, common sources of drinking water contaminants include industry, agriculture, waste, and natural sources. The U.S. EPA reports that there is a broad range of health effects associated with exposure to drinking water contaminants. Ingestion or exposure to pathogens at sufficient doses can result in gastrointestinal illness with symptoms such as diarrhea, nausea, stomach cramps, and vomiting. Exposure to higher doses of chemicals, metals, or radionuclides through drinking water can produce biological responses, toxicological effects, and more severe health impacts including cancer, developmental or reproductive effects, neurological changes, and organ damage.
- The regulation of drinking water contamination. To regulate drinking water contaminants that pose significant health risks, the State Water Board can begin the process by requesting that the Office of Environmental Health Hazard Assessment (OEHHA) establish a public health goal (PHG). PHGs are concentrations of drinking water contaminants that pose no significant health risk if consumed for a lifetime, based on current risk assessment principles, practices, and methods. Once OEHHA establishes a PHG, the State Water Board determines whether an MCL—a legally enforceable primary drinking water standard that applies to public water systems—should be considered. If the State Water Board determines that an MCL should be considered, it then conducts an in-depth risk management analysis and, if appropriate, initiates the regulatory process for adopting an MCL, enforceable under the California SDWA.
- Wildfires and drinking water contamination. According to the California Air Resources Board, the frequency and severity of wildfires have been increasing, both in the state and all over the world. Since 1950, the area burned by California wildfires each year has been growing, as spring and summer temperatures increase and spring snowmelt occurs earlier. CalFire data show that four out of the five most destructive wildfires in California history happened in just the last 10 years. In 2025, the Eaton and Palisades fires in Los Angeles County destroyed over 16,000 structures and burned 38,000 acres combined; in 2018, the Camp Fire in Butte County destroyed nearly 19,000 structures and burned 153,000 acres; and in 2017, the Tubbs Fire in Napa and Sonoma counties destroyed more than 5,500 structures and burned nearly 37,000 acres.
According to research reviewed by the Union of Concerned Scientists in a 2021 brief, “Wildfire and water supply in California”, the Tubbs and Camp fires were the first known instances where widespread drinking water contamination was discovered in drinking water distribution systems after wildfire events. The brief describes how wildfires can negatively impact drinking water quality and infrastructure through multiple pathways, including the following:
- Loss of pressure in water service lines can allow soil and contaminants, including bacteria, to enter the distribution system;
- Subsequent rainfall on burn scars can wash contaminants and sediment downstream into reservoirs, which can clog water system filters or fuel algal blooms; and,
- Burned or melted water infrastructure can release dangerous levels of volatile organic compounds, like benzene, into drinking water supplies.
Among other things, the brief recommends that officials ensure water safety communications and alerts are translated into locally accessible languages.
- The need for emergency notification. State law prohibits a public water system from operating without an emergency notification plan, which must be approved by the State Water Board. These plans contain emergency contact phone numbers for water system personnel and a description of the system's public notification methods. The plan must provide for immediate notice to customers, in the event that there is a significant rise in bacterial counts or other failures to comply with MCLs that pose an imminent threat to human health. Ensuring that public notification is accessible has been of interest to the Legislature. AB 3090 (Maienschein, Chapter 68, Statutes of 2024) authorized public water systems to provide notification to water users by various means of technology, including text messages and social media. This bill addresses potential language barriers water users may face when receiving information from public water systems about water contamination and any related threat to public health.
Comments
- Purpose of Bill. According to the author, “During an emergency, every second counts, and being notified in your preferred language could make all the difference. As California becomes increasingly more diverse and disaster prone, it is important that we do more to promote public safety and improve communications in an emergency. In some California counties, there are dozens of primary languages spoken. This bill would encourage public water systems, if resources are available, to update their emergency notification plan to include notifying users in their preferred language. AB 990 will improve emergency response and increase public safety.”
- California’s language landscape. California’s population consists of a very diverse language landscape. There is an estimated 200 languages spoken across the state. According to the 2015 Limited English Proficient (LEP) Language Map, nearly 20% of the population is LEP and the top five listed languages spoken are Spanish, Chinese, Vietnamese, Tagalog, and Korean. Current regulations require public notification of certain specified violations and threats to be provided in English, Spanish, and any non-English speaking group exceeding 10% of the persons served by the public water system. Some public notices (Tier 2 and 3) are required to provide information in the respective language regarding the importance or contact information to access translated materials. For any population non-English or -Spanish-speaking population, especially those populations with less than 1,000 water users, access to translated information may be difficult. This bill encourages access to translated information regardless of population size, if resources are available. All Californians deserve to know about the safety of their drinking water, and this bill would encourage inclusive access to that knowledge.
Related/Prior Legislation
AB 3090 (Maienschein, Chapter 68, Statutes of 2024) authorized and encouraged a public water system, when updating its emergency notification plan, to provide notification to water users by means of various technology.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 6/19/25)
None received
OPPOSITION: (Verified 6/19/25)
None received
ASSEMBLY FLOOR: 75-0, 4/24/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Chen, Gallagher, Harabedian, Lackey
Prepared by: Taylor McKie / E.Q. / (916) 651-4108
6/23/25 17:40:01
**** END ****
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Blakespear, Chair
2025 - 2026 Regular
Bill No: AB 990
Author: | Hadwick | ||
Version: | 2/20/2025 | Hearing Date: | 6/18/2025 |
Urgency: | No | Fiscal: | No |
Consultant: | Taylor McKie | ||
SUBJECT: Public water systems: emergency notification plan
DIGEST: This bill authorizes and encourages a public water system, when updating an emergency notification plan, to provide notification to water users in their preferred language, if resources are available.
ANALYSIS:
Existing federal law:
- Establishes the federal Safe Drinking Water Act (SDWA) that requires drinking water to meet specified standards for contamination as set by the United States Environmental Protection Agency (U.S. EPA). (42 United States Code (USC) § 300(f) et seq.)
Existing state law:
- Requires, pursuant to the California Safe Drinking Water Act (SDWA), the State Water Resources Control Board (State Water Board) to regulate drinking water and to enforce the federal SDWA and other regulations. (Health and Safety Code (HSC) § 116275, et seq.)
- Declares that it is the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. (Water Code (WC) § 106.3)
- Establishes, under the California SDWA, the following definitions:
- “Maximum contaminant level” (MCL) means the maximum permissible level of a contaminant in water;
- “Primary drinking water standards” means:
- MCLs that may have an adverse effect on human health;
- Specific treatment techniques adopted by the State Water Board in lieu of MCLs; or,
- The monitoring and reporting requirements specified in regulations, adopted by the State Water Board, that pertain to MCLs;
- “Person” means 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; and,
- “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. (HSC § 116275)
- 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 Board. (HSC § 116460)
- Requires the emergency notification plan to provide for immediate notice to the public water system's customers of any significant rise in bacterial count, or other failure to comply with any primary drinking water standard that represents an imminent danger to the health of water users. (HSC § 116460)
- Authorizes and encourages a public water system, when updating an emergency notification plan, to provide notification to water users by means of other communication technology, including, but not limited to, text messages, email, or social media. (HSC § 116460)
- Requires water systems to provide public notice in response to any one of several events, including occurrence of a microbial disease outbreak or violations of specified MCLs. The public notice requirements are specified in three tiers and include language content requirements as follows:
- Tier 1 public notices are to be provided in English, Spanish, and the language spoken by any non-English-speaking group exceeding 10% of the persons served by a public water system. Otherwise, for any non-English speaking group that exceeds 1,000 water users, notices must include information regarding the importance of the notice and contact information to access translated materials. (California Code of Regulations (CCR) § 64401.71, 64463.1, and 64465(c)); and,
- Tier 2 and 3 public notices are to be provided in English and contain information regarding the importance of the notice or contact information where water users may access translated materials for any size Spanish-speaking population and any other non-English speaking group that exceeds 1,000 residents or 10% of the residents served by the water system. (CCR § 64401.72, 64401.73, 64463.4, 64463.7, and 64465(c))
This bill:
- Authorizes and encourages a public water system, when updating an emergency notification plan, to provide notification to water users in their preferred language, if resources are available.
- Prohibits a permit, variance, or exemption from being issued or amended until an emergency notification plan has been approved by the State Water Board.
Background
- Drinking water contamination. While most drinking water in California meets requirements for health and safety, surface waters and aquifers used for drinking water can be contaminated by various chemicals, microbes, and radionuclides. According to the U.S. EPA, common sources of drinking water contaminants include industry, agriculture, waste, and natural sources. The U.S. EPA reports that there is a broad range of health effects associated with exposure to drinking water contaminants. Ingestion or exposure to pathogens at sufficient doses can result in gastrointestinal illness with symptoms such as diarrhea, nausea, stomach cramps, and vomiting. Exposure to higher doses of chemicals, metals, or radionuclides through drinking water can produce biological responses, toxicological effects, and more severe health impacts including cancer, developmental or reproductive effects, neurological changes, and organ damage.
- The regulation of drinking water contamination. To regulate drinking water contaminants that pose significant health risks, the State Water Board can begin the process by requesting that the Office of Environmental Health Hazard Assessment (OEHHA) establish a public health goal (PHG). PHGs are concentrations of drinking water contaminants that pose no significant health risk if consumed for a lifetime, based on current risk assessment principles, practices, and methods. Once OEHHA establishes a PHG, the State Water Board determines whether an MCL—a legally enforceable primary drinking water standard that applies to public water systems—should be considered. If the State Water Board determines that an MCL should be considered, it then conducts an in-depth risk management analysis and, if appropriate, initiates the regulatory process for adopting an MCL, enforceable under the California SDWA.
- Wildfires and drinking water contamination. According to the California Air Resources Board, the frequency and severity of wildfires have been increasing, both in the state and all over the world. Since 1950, the area burned by California wildfires each year has been growing, as spring and summer temperatures increase and spring snowmelt occurs earlier. CalFire data show that four out of the five most destructive wildfires in California history happened in just the last 10 years. In 2025, the Eaton and Palisades fires in Los Angeles County destroyed over 16,000 structures and burned 38,000 acres combined; in 2018, the Camp Fire in Butte County destroyed nearly 19,000 structures and burned 153,000 acres; and in 2017, the Tubbs Fire in Napa and Sonoma counties destroyed more than 5,500 structures and burned nearly 37,000 acres.
According to research reviewed by the Union of Concerned Scientists in a 2021 brief, “Wildfire and water supply in California”, the Tubbs and Camp fires were the first known instances where widespread drinking water contamination was discovered in drinking water distribution systems after wildfire events. The brief describes how wildfires can negatively impact drinking water quality and infrastructure through multiple pathways, including the following:
- Loss of pressure in water service lines can allow soil and contaminants, including bacteria, to enter the distribution system;
- Subsequent rainfall on burn scars can wash contaminants and sediment downstream into reservoirs, which can clog water system filters or fuel algal blooms; and,
- Burned or melted water infrastructure can release dangerous levels of volatile organic compounds, like benzene, into drinking water supplies.
Among other things, the brief recommends that officials ensure water safety communications and alerts are translated into locally accessible languages.
- The need for emergency notification. State law prohibits a public water system from operating without an emergency notification plan, which must be approved by the State Water Board. These plans contain emergency contact phone numbers for water system personnel and a description of the system's public notification methods. The plan must provide for immediate notice to customers, in the event that there is a significant rise in bacterial counts or other failures to comply with MCLs that pose an imminent threat to human health. Ensuring that public notification is accessible has been of interest to the Legislature. AB 3090 (Maienschein, Chapter 68, Statutes of 2024) authorized public water systems to provide notification to water users by various means of technology, including text messages and social media. This bill addresses potential language barriers water users may face when receiving information from public water systems about water contamination and any related threat to public health.
Comments
- Purpose of Bill. According to the author, “During an emergency, every second counts, and being notified in your preferred language could make all the difference. As California becomes increasingly more diverse and disaster prone, it is important that we do more to promote public safety and improve communications in an emergency. In some California counties, there are dozens of primary languages spoken. This bill would encourage public water systems, if resources are available, to update their emergency notification plan to include notifying users in their preferred language. AB 990 will improve emergency response and increase public safety.”
- California’s language landscape. California’s population consists of a very diverse language landscape. There is an estimated 200 languages spoken across the state. According to the 2015 Limited English Proficient (LEP) Language Map, nearly 20% of the population is LEP and the top five listed languages spoken are Spanish, Chinese, Vietnamese, Tagalog, and Korean. Current regulations require public notification of certain specified violations and threats to be provided in English, Spanish, and any non-English speaking group exceeding 10% of the persons served by the public water system. Some public notices (Tier 2 and 3) are required to provide information in the respective language regarding the importance or contact information to access translated materials. For any population non-English or -Spanish-speaking population, especially those populations with less than 1,000 water users, access to translated information may be difficult. This bill encourages access to translated information regardless of population size, if resources are available. All Californians deserve to know about the safety of their drinking water, and this bill would encourage inclusive access to that knowledge.
Related/Prior Legislation
AB 3090 (Maienschein, Chapter 68, Statutes of 2024) authorized and encouraged a public water system, when updating its emergency notification plan, to provide notification to water users by means of various technology.
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