BILL NUMBER: AB 733 CHAPTERED
BILL TEXT
CHAPTER 660
FILED WITH SECRETARY OF STATE OCTOBER 10, 1995
APPROVED BY GOVERNOR OCTOBER 8, 1995
PASSED THE ASSEMBLY SEPTEMBER 15, 1995
PASSED THE SENATE SEPTEMBER 14, 1995
AMENDED IN SENATE SEPTEMBER 6, 1995
AMENDED IN SENATE AUGUST 29, 1995
AMENDED IN SENATE AUGUST 21, 1995
AMENDED IN SENATE JULY 5, 1995
AMENDED IN SENATE JUNE 14, 1995
AMENDED IN ASSEMBLY MAY 31, 1995
AMENDED IN ASSEMBLY APRIL 17, 1995
INTRODUCED BY Assembly Member Speier
(Principal coauthor: Assembly Member Willie Brown)
(Principal coauthor: Senator Maddy)
(Coauthors: Assembly Members Goldsmith and Katz)
FEBRUARY 22, 1995
An act to add Sections 4026.7 and 4026.8 to the Health and Safety
Code, and to add Section 21080.26 to the Public Resources Code,
relating to drinking water.
LEGISLATIVE COUNSEL'S DIGEST
AB 733, Speier. Drinking water: fluoridation.
Existing law, commonly referred to as the California Safe Drinking
Water Act, is administered by the State Department of Health
Services and, among other things, requires the department to
establish recommended public health levels for contaminants in
drinking water, and requires operators of public water systems to
obtain a permit. Existing law also requires the department to, at
the request of any public water system, grant a variance from the
primary drinking water standard adopted by the department for
fluoride, if certain conditions are satisfied.
This bill would require the department to adopt regulations that
require the fluoridation of the water of any public water system that
has at least 10,000 service connections according to a prescribed
schedule based upon the lowest capital cost per connection. Among
other things, it would require the regulations to establish the
minimum and maximum permissible concentrations of fluoride.
This bill would provide that a public water system scheduled to
fluoridate pursuant to the bill is not required to comply until funds
sufficient to pay capital and associated costs for the system have
become available from any source other than ratepayers, shareholders,
local taxpayers, or bondholders of the public water system. This
bill would also exempt a public water system from complying with this
fluoridation requirement and the related regulations adopted by the
department in any fiscal year that funds are not appropriated, or
made available from sources other than ratepayers, shareholders,
local taxpayers, or bondholders of the public water system, for new
capital operation and maintenance costs. The bill would provide that
a public water system with less than 10,000 service connections may
elect to comply with the fluoridation standards of the bill. It
would require costs of compliance with the standards, compliance
requirements, and regulations to be paid from federal grants, or
donations from private foundations, for these purposes.
This bill would require each public water system to provide the
department with an estimate of anticipated total annual noncapital
operations and maintenance costs related to fluoridation treatment by
January 1 of each year.
The bill would also require the Attorney General to, upon request
by the department, institute mandamus or other appropriate
proceedings in cases where the owner or operator of a public water
system fails to comply with a regulation adopted pursuant to its
provisions. This bill would permit the department to grant variances
pursuant to existing law.
This bill would require the Public Utilities Commission to approve
rate increases related to costs of compliance for public water
systems under its jurisdiction.
Existing law, the California Environmental Quality Act, provides
that the maintenance of a quality environment is a matter of
statewide concern.
This bill would exempt from that act minor alterations to
utilities in compliance with this bill.
By requiring the addition of fluorides to public water systems,
this bill would impose additional duties on local public entities
that operate public water systems, thereby imposing a state-mandated
local program.
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. Section 4026.7 is added to the Health and Safety Code,
to read:
4026.7. (a) In order to promote the public health through the
protection and maintenance of dental health, the department shall
adopt regulations pursuant to Chapter 3.5 (commencing with Section
11340) of Division 3 of Title 2 of the Government Code, requiring the
fluoridation of public water systems. By July 1, 1996, each public
water system with at least 10,000 services connections shall provide
to the department an estimate of the total capital costs to install
fluoridation treatment. The regulations adopted by the department
shall take effect on January 1, 1997.
(b) The regulations shall include, but not be limited to, the
following:
(1) Minimum and maximum permissible concentrations of fluoride to
be maintained by fluoridation of public water systems.
(2) The requirements and procedures for maintaining proper
concentrations of fluoride, including equipment, testing,
recordkeeping, and reporting.
(3) Requirements for the addition of fluorides to public water
systems in which the natural level of fluorides is less than the
minimum level established in the regulations.
(4) A schedule for the fluoridation of public water systems with
at least 10,000 service connections, based on the lowest capital cost
per connection for each system.
SEC. 2. Section 4026.8 is added to the Health and Safety Code, to
read:
4026.8. (a) (1) A public water system is not required to comply
with Section 4026.7, or the regulations adopted thereunder by the
department, in either of the following situations:
(A) If the public water system is scheduled to implement a
fluoridation program pursuant to paragraph (4) of subdivision (b) of
Section 4026.7 and funds are not available to the public water system
sufficient to pay the capital and associated costs from any source
other than the system's ratepayers, shareholders, local taxpayers,
bondholders, or any fees or charges levied by the water system.
(B) If the public water system has obtained the capital and
associated funds necessary for fluoridation as set forth in
subparagraph (A), however, in any given fiscal year (July 1-June 30)
funding is not available to the public water system sufficient to pay
the noncapital operation and maintenance costs described in
subdivision (g) from any source other than the system's ratepayers,
shareholders, local taxpayers, bondholders, or any fees or charges
levied by the water system.
(2) Each year the department shall prepare and distribute a list
of those water systems that do not qualify for exemption under this
section from the fluoridation requirements of Section 4026.7. This
list shall include water systems that have received, or are expected
to receive, sufficient funding for capital and associated costs so as
to not qualify for exemption under subparagraph (A) of paragraph
(1), and have received, or anticipate receiving, sufficient
noncapital maintenance and operation funding pursuant to subdivision
(g), so that they do not qualify for exemption under subparagraph (B)
of paragraph (1).
(3) Any water system that has acquired the funds necessary for
fluoridation as set forth in subparagraph (A) of paragraph (1), and
is not included in the list pursuant to paragraph (2), may elect to
exercise the option not to fluoridate during the following fiscal
year pursuant to subparagraph (B) of paragraph (1) by so notifying
the department by certified mail on or before June 1.
(4) The permit issued by the department for a public water system
that is scheduled to implement fluoridation pursuant to paragraph (4)
of subdivision (b) of Section 4026.7 shall specify whether it is
required to fluoridate pursuant to Section 4026.7, or whether it has
been granted an exemption pursuant to either subparagraph (A) or
subparagraph (B) of paragraph (1).
(b) The department shall enforce Section 4026.7 and this section,
and all regulations adopted pursuant to these sections, unless
delegated pursuant to a local primary agreement.
(c) If the owner or operator of any public water system subject to
Section 4026.7 fails, or refuses, to comply with any regulations
adopted pursuant to Section 4026.7, or any order of the department
implementing these regulations, the Attorney General shall, upon the
request of the department, institute mandamus proceedings, or other
appropriate proceedings, in order to compel compliance with the
order, rule, or regulation. This remedy shall be in addition to all
other authorized remedies or sanctions.
(d) Neither this section nor Section 4026.7 shall supersede
subdivision (b) of Section 4027.6.
(e) The department shall seek all sources of funding for
enforcement of the standards and capital cost requirements
established pursuant to this section and Section 4026.7, including,
but not limited to, all of the following:
(1) Federal block grants.
(2) Donations from private foundations.
Expenditures from governmental sources shall be subject to
specific appropriation by the Legislature for these purposes.
(f) A public water system with less than 10,000 service
connections may elect to comply with the standards, compliance
requirements, and regulations for fluoridation established pursuant
to this section and Section 4026.7.
(g) Costs, other than capital costs, incurred in complying with
this section and Section 4026.7, including regulations adopted
pursuant to those sections, may be paid from federal grants, or
donations from private foundations, for these purposes. Each public
water system that will incur costs, other than capitalization costs,
as a result of compliance with this section and Section 4026.7, shall
provide an estimate to the department of the anticipated total
annual operations and maintenance costs related to fluoridation
treatment by January 1 of each year.
(h) A public water system subject to the jurisdiction of the
Public Utilities Commission shall be entitled to recover from its
customers all of its capital and associated costs, and all of its
operation and maintenance expenses associated with compliance with
this section and Section 4026.7. The Public Utilities Commission
shall approve rate increases for an owner or operator of a public
water system that is subject to its jurisdiction within 45 days of
the filing of an application or an advice letter, in accordance with
the commission's requirements, showing in reasonable detail the
amount of additional revenue required to recover the foregoing
capital and associated costs, and operation and maintenance expenses.
SEC. 3. Section 21080.26 is added to the Public Resources Code, to
read:
21080.26. This division does not apply to minor alterations to
utilities made for the purposes of complying with Sections 4026.7 and
4026.8 of the Health and Safety Code or regulations adopted
thereunder.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
Moreover, no reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because to
the extent that this act imposes a mandated cost on public water
systems, that cost is not reimbursable by the state because this act
applies to public water systems generally, not just to public water
systems owned or operated by local agencies. This finding is
consistent with the decision in the case of County of Los Angeles v.
State of California, 43 Cal. 3d 46.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.