BILL ANALYSIS SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES Senator Diane E. Watson, Chairperson HEARING DATE: STAFF ANALYSIS OF ASSEMBLY BILL 733 (SPEIER) AS AMENDED IN SENATE JUNE 14, 1995 SUBJECT Drinking water: Fluoridation. INTENT The intent of this bill is to reduce tooth decay among California children. ABSTRACT Existing law: Requires the Department of Health Services (DHS) to regulate drinking water and to establish standards for monitoring contaminants that may be hazardous to public health. DHS is required to adopt primary and secondary drinking water standards that are at least as stringent as those adopted by the US EPA for contaminants, including fluoride. A primary drinking water standard is a regulation that protects human health by specifying the maximum level of a contaminant that may be present in a municipal drinking water source. A secondary drinking water standard is not health related, however it regulates the amount of any contaminant which may affect the taste, odor or appearance of water or otherwise adversely affects public welfare. Requires the Office of Environmental Health Hazard Assessment (OEHHA) within the Cal EPA to assess the risks to human health posed by each specific contaminant in municipal drinking water. OEHHA then determines the level of the contaminant to which humans can be exposed without incurring significant health risks. The ono significant risko level established for each contaminant is called its oRecommended Public Health Goal.o Requires DHS to adopt a oMaximum Contaminant Levelo (MCL) for each contaminant for which a Recommended Public Health Goal is established. The MCL must be based on the Recommended Public Health Level but may be less stringent under specified conditions. This bill would: Direct DHS to adopt regulations that require the fluoridation of all public water systems that have at least 10,000 service connections. Requires these regulations to include: a minimum and maximum permissible concentrations of fluoride; procedures for maintaining proper concentrations of fluoride, including equipment, testing, recordkeeping and reporting; and a schedule for the fluoridation of individual public water systems based on the size of the system and the population being served. Permits a public water system required to fluoridate pursuant to the provisions of this bill to comply with the regulations adopted by DHS at any time, but the requirement to comply may not be enforced until sufficient funding to pay the capital costs for compliance is available from any source other than the public water system itself. Requires costs of compliance with the standards, compliance requirements, and regulations be paid from the General Fund, upon appropriation by the Legislature. Exempts a public water system from complying with regulations adopted by the department in any year that funds are not appropriated for costs other than capital costs. Specifies DHS enforce these provisions unless such authority is delegated pursuant to a local primary agreement. Permits the Attorney General, upon request of DHS, to institute mandamus proceedings, or other appropriate proceedings, in order to compel compliance with these provisions upon reticent owners or operators of public water systems. FISCAL IMPACT Undetermined. DHS is currently evaluating the costs of a fluoride mandate to public water supplies. Preliminary, yet unofficial, estimates are that initial capital costs on a statewide basis are projected to be in the range of up to $45 million, while annual cumulative operating costs are projected to be up to $15 million. The sponsor estimates a savings to the public/private dental sector of approximately $30 million. BACKGROUND AND DISCUSSION Fluoridation of public drinking water historically has been one of the most emotional and disputed public policies. For the past fifty years the issue of fluoridation has been passionately debated, but the debate has been intermittent. Fluoridation of drinking water has been hailed as the cheapest, safest, and most effective way to reduce tooth decay in children by the American Dental Association, the American Medical Association, the World Health Organization, and many established scientific bodies who all have endorsed fluoridation. Yet the product is vehemently opposed by numerous individuals and organizations. Current Practices Until 1986, the California procedures for regulating contaminants in drinking water were analogous to those followed by the federal EPA under the federal Safe Drinking Water Act. However, DHS has chosen to continue to regulate fluoride concentrations in drinking water using the pre-1986 standards varied for each community depending on average daily maximum temperatures. This could range from 1.4 ppm in localities with average high temperatures above 79.3 degrees F to 2.4 ppm in areas with average high temperatures below 53.7 degrees F. California standards are more stringent than the EPA fluoride standards of 4 ppm for primary drinking water and 2 ppm for secondary drinking water because it is believed that dental fluorosis (defective or incomplete enamel formation developing mottled or stained teeth) is a health related condition rather than an aesthetic problem. California ranks 47th in mandating fluoridated water supplies currently fluoridating 17 percent of its water supply. As part of the strategy to achieve the Oral Health 2000 goal of fluoridated water supplies available to 75 percent of the U.S. population, the Center for Disease Control, (CDC) has sent an advisor in oral health to California. Department of Health Services requested this advisor more than a year ago to help develop strategies to promote fluoridation in California communities. The plan is to assess those characteristics of individual communities to determine the most effective strategies to promote fluoridation and also pinpoint groups that will support fluoridation, such as dental organizations, social service agencies and civic organizations. As a result of this effort the sponsor and the many supporters of this bill would mandate fluoridation in Californiaos public water system with an ultimate goal to decrease dental caries and present a cost-savings factor to taxpayers of approximately $80 million with cumulative effects of $160 million annually. Opponents Perspective Opponents believe that there are definite distinctions between the fluoride used for testing and that which is applied to the water systems. Fluoride in water is measured by fluorine ion levels and not by type or grade of fluoride. A fluorine ion is the only thing sodium fluoride and fluorosilicic acid have in common and fluoride research is basically performed with a pharmaceutical grade of sodium fluoride under controlled conditions and with distilled or deionized water. Thus this research does not reflect or take into account fluoride blends that occur when fluorine ions react with water treatment chemicals, nor does the research address fluorisilicic acid which is the most used agent for fluoridation. The Clinical Toxicology of Commercial Products handbook indicates that undiluted fluoride is more poisonous than lead and just slightly less poisonous than arsenic. It is an accumulative poison that remains in the bone over the years. According to the Physicians Desk Reference, oin hypersensitive individuals, fluorides occasionally cause skin eruptions such as atrophic dermatitis, eczema, gastric distress, headache, and weakness. These hypertensive reactions usually disappear promptly after discontinuation of the fluoride.o From 1990 to 1992, the Journal of the American Medical Association published three separate articles linking increased hip fracture rates to fluoride in the water; a 6-8% increase in the elderly and menopausal women, the highest rate of hip and other fractures in the world. In the March 22, 1990 issue of the New England Journal of Medicine, Mayo Clinic researchers reported that fluoride treatment of osteoporosis increased hip fracture rate and bone fragility. A study by Procter and Gambel showed that as little as half the amount of fluoride used to fluoridate public water supplies resulted in a sizable and significant increase in genetic damage. Political History In 1975, Assemblyman Art Torres and Richard Alatorre opposed a fluoridation proposition on the ballot to fluoride Los Angeles. Questions arose on the fluoridation for minorities who often are underprivileged and on inadequate diets. The American Preventive Medical Association has reported that even 1 ppm found in artificially fluoridated water, can inhibit 32 enzyme systems, damage the immune system, contribute to calcification of soft tissues, worsen arthritis and cause dental fluorosis (unsightly white, yellow or brown spots found in teeth) in children. In 1993, the Subcommittee on Health Effects of Ingested Fluoride of the National Research Council admitted that 8% to 51% and sometimes up to 80% of the children living in fluoridated areas have dental fluorosis. In 1976 SB 211 (Beilenson) was introduced to authorize $31 million to initiate fluoridation, however, the bill did not cover yearly costs for operation nor added personnel which would have been a permanent expense to California taxpayers. SB 211 failed passage in the Senate Finance Committee. Proponents Perspective However, the proponents state that many of the studies reported above have not been subjected to peer review or that they did not take into account any other risk factors and thus their validity remains in question. The 1991 report oReview of Fluoride - Benefits and Riskso from the U.S. P.H.S. contains the most valid of all documented information and research in that fluoride reduces dental caries and remains to be safe in the regulation of fluoridation of community water supplies. According to the U.S. Department of Health and Human Services, small amounts of fluoride have been added to drinking water supplies for almost a half a century in thousands of communities and cities in the United States with dramatic effects. National surveys of oral health dating back several decades document continuing decreases in tooth decay in children, adults, and senior citizens in communities where the public water supplies maintain the recommended levels of fluoride. The department states that a recent comprehensive Public Health Services review of the benefits and potential health risks of fluoride has concluded that the practice of fluoridating community water supplies is safe and effective. The U.S. Surgeon General and the Assistant Secretary of Health in July of 1992 reported, oThe optimum standard for the success of any prevention strategy should be measured by its ability to prevent or minimize disease, ease of implementation, high benefit-to-cost ratio, and safety. Community water fluoridation to prevent tooth decay clearly meets this standard. For almost half a century, small amounts of fluoride have been added to drinking water supplies in thousands of communities and cities in the United States with dramatic effects. One of the great advantages of community water fluoridation as a disease prevention measure is that it does not require conscious behavior by individuals in order for them to realize benefits.....The U.S. Public Health Service continues to recommend the fluoridation of community water supplies where naturally occurring fluoride levels are deficient.......o COMMENTS Numerous organizations and individuals state that we should no longer be quibbling about whether fluoride becomes toxic at 1 ppm or 2 ppm, or whether the possible saving of .8 of one tooth surface over a seventeen-year period is worth the risk of possible skeletal fluorosis or cancer. An overwhelming majority of these maintain that implementation of sound nutritional principles, removal of pollutants that reduce natural immunity, and the guarantee of appropriate health education may prove more effective in resolving the problems of tooth decay along with many other modern degenerative diseases. Further, a large number of people believe that mandating fluoridation in California eliminates freedom of choice and statewide mandated fluoridation would be invoked for all citizens to ingest what dentists say is good for us. Many citizens state that fluoridation to simply decrease dental caries carries a risk factor much too great to acknowledge and approve PRIOR ACTIONS Environmental Safety and Toxic Management: Do Pass (7-5) Assembly Appropriations: Do Pass as Amended (10-5) Assembly Floor: Passed (48-18) POSITIONS Support:American College of Obstetricians and Gynecologists California Association of Hospitals and Health Systems California Conference of Local Directors of Health Education California Congress of Parents, Teachers, and Students, Inc. California Dental Hygienists Association California Dental Association California Chamber of Commerce California Medical Association California Public Health Association, North California School Nurses Organization Century Dental Plan Childrenos Advocacy Institute Children NOW Colusa County Office of Education Childrenos Services County of Sacramento Department of Health and Human Services County of San Mateo Health Services Agency County of San Luis Obispo health Agency Dental Health Foundation Director of Dental Hygiene, West Los Angeles College Maternal Child and Adolescent Health Advisory Board Older Womenos League Planning and Conservation League San Diego County Dental Society Santa Rosa Public Hospital Shasta Community Health Center Sonoma County Indian Health Project, Inc. Southern Alameda County Dental Society Southern California Public Health Association Tehama County Health Agency Ventura County Public Health Youth Law Center 45 Individuals Oppose:American Herbalists Guild American Preventive Medical Association Association of California Water Agencies Axiom Counseling Team (ACT), Riverside, CA California Association of Naturopathic Physicians (CANP) California Citizens for Health Californians for Safe Water California Municipal Utilities Association California Naturopathic Association FANE (Foundation for the Advancement of Nutritional Education) Health Alliance International, Fluoridation Information Specialist, Walter Miller IAAHM (International Academy of Alternative Health and Medicine) International Academy of Oral Medicine and Toxicology National Association of Citizens for Health National Association of Naturopathic Physicians (NANP) National Nutritional Foods Association New York State Congress of Parents and Teachers, Inc. Pure Food Campaign, Riverside, CA Radiant Health Resources Safe Water Association, Inc., Fond du lac, WI Safe Water Coalition, Inc. Smith Welding, Hanford, CA Sibo Tool & Die Co., Redwood City, CA Thermalito Irrigation District 256 Individuals STAFF ANALYSIS OF ASSEMBLY BILL 733 (SPEIER)PAGE 9 # # # # # STAFF ANALYSIS OF ASSEMBLY BILL 733 (SPEIER)PAGE 10