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

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