Bill Text: CA AB890 | 2009-2010 | Regular Session | Chaptered
Bill Title: City of Maywood: drinking water.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 259, Statutes of 2009. [AB890 Detail]
Download: California-2009-AB890-Chaptered.html
BILL NUMBER: AB 890 CHAPTERED
BILL TEXT
CHAPTER 259
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 31, 2009
PASSED THE ASSEMBLY SEPTEMBER 2, 2009
AMENDED IN SENATE JULY 1, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 23, 2009
INTRODUCED BY Assembly Member John A. Perez
FEBRUARY 26, 2009
An act to add Section 116335 to the Health and Safety Code,
relating to public water systems.
LEGISLATIVE COUNSEL'S DIGEST
AB 890, John A. Perez. City of Maywood: drinking water.
Existing law, the Calderon-Sher Safe Drinking Water Act of 1996,
requires the State Department of Public Health to, among other
things, adopt regulations relating to primary and secondary drinking
water standards for contaminants in drinking water, which are based
upon specified criteria. Violation of certain provisions relating to
public water systems is a crime.
This bill would require the public water systems serving the City
of Maywood to conduct a study on the City of Maywood's water
addressing the impacts of manganese on water quality, would require
the city to conduct a public hearing, and would require the public
water systems to respond in writing to public comment received at the
hearing. The bill would require the study and comments to be posted
on the public water systems' Internet Web sites. By requiring the
City of Maywood to comply with these provisions and by expanding the
definition of existing crimes, the bill would impose a state-mandated
local program.
The bill would make legislative findings and declarations,
including findings and declarations concerning the need for special
legislation.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for specified reasons.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Manganese is a mineral that naturally occurs in rocks and soil
and can be present in well water as a naturally occurring
groundwater mineral or due to underground pollution sources.
(b) Manganese may become noticeable in tap water at concentrations
greater than 0.05 milligrams per liter (mg/l) of water by imparting
a rust color, off-taste, or odor to the water and by causing staining
of plumbing fixtures and clothing. However, health effects from
manganese are not a concern until concentrations are approximately 10
times higher.
(c) Exposure to high concentrations of manganese over the course
of years has been associated with toxicity to the nervous system,
producing a syndrome that resembles Parkinsonism. This type of effect
may be more likely to occur in the elderly. Young children may also
have greater potential exposure due to their bodies absorbing more
manganese than older age groups but excreting less.
(d) Manganese levels are not regulated in public water supplies.
However, the United States Environmental Protection Agency has
established an aesthetic water quality standard of 50 μg/L.
(e) The drinking water in the City of Maywood has levels of
manganese consistently above 0.05 milligrams per liter, rendering the
water distasteful and unusable for drinking, laundry, and other
residential and commercial purposes.
(f) While the public water systems serving the City of Maywood
have not been found to date to exceed federal and state primary
drinking water standards and are therefore not in violation of their
permits, they have failed to address the concerns of the community
regarding the presence of manganese in drinking water.
(g) Therefore, further study is necessary to determine the extent
of manganese contamination in the City of Maywood's drinking water
and the potential actions needed to address that contamination.
SEC. 2. Section 116335 is added to the Health and Safety Code, to
read:
116335. (a) The public water systems serving the City of Maywood
shall conduct, publish, and submit to the City of Maywood, the State
Department of Public Health, the Office of Environmental Health
Hazard Assessment, the Senate Committee on Environmental Quality, and
the Assembly Committee on Environmental Safety and Toxic Materials a
study on the City of Maywood's water by December 21, 2010,
addressing the impacts of manganese on the quality of the City of
Maywood's water. The report shall contain all of the following:
(1) Testing information and results on manganese for all of the
sources of drinking water for the City of Maywood.
(2) The amount of manganese being contributed by each water source
that serves the City of Maywood.
(3) Immediate and long-term steps that can be taken by the public
water systems to reduce the amount of manganese in the drinking water
supply to be at least as low as a level that is consistent with the
average level in communities within a 20-mile radius of the City of
Maywood.
(4) Infrastructure improvements that can be made to reach the
immediate and long-term goals to reduce the level of manganese and
other contaminants in the water to be consistent with the average
level in communities within a 20-mile radius of the City of Maywood.
(5) Actions that the public water systems will take to pursue
funding in order to achieve those improvements.
(b) The City Council of Maywood shall conduct a public hearing on
the results of the study.
(c) The public water systems shall respond in writing to public
comments made at the hearing to the City Council of Maywood.
(d) The study and comments shall be posted on the public water
systems' Internet Web sites.
(e) All current notifications sent to the rate payers within the
City of Maywood concerning water contaminants shall also be sent to
occupants, in the same manner as set forth in subdivision (f) of
Section 116450, and shall be distributed in English and the primary
language of the residents of the city as well as posted on the public
water systems' Internet Web sites.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
Moreover, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, no reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Section 6 of Article XIII B of the California
Constitution because those additional costs, if any, are the result
of a program for which legislative authority was requested by the
local agency or school district within the meaning of Section 17556
of the Government Code and Section 6 of Article XIII B of the
California Constitution.
SEC. 4. The Legislature finds and declares that this act, which is
applicable only to the City of Maywood and the public water
suppliers that supply drinking water to that city, is necessary
because of the poor taste, color, and odor associated with the
drinking water being provided to that city. It is, therefore,
declared that a general law within the meaning of Section 16 of
Article IV of the California Constitution cannot be made applicable
and that the enactment of this special law is necessary for the
public good.
