HomeMy WebLinkAboutAgenda Report - July 24, 1985 (121)MTM QUALITY
LEGISLATION
Information regarding water quality legislation AB 859
(Sher) and AB 2133 (Jones) was presented for Council's
perusal. A California Municipal Utilities Associating on
"Legislative Alert" supporting AB 2133 and oppoil
was
859 was also presented to the Council. Counccil
apprised that staff feels very strongly that drinking
water standards should not be set by an arbitrary
legislative act and that the standards should be set
nd
only by serious and in-depth scientific study
testing. It was recommended that AB 2133 (Jones) o
supported in that it does approach the setting
additional drinking water standards in a logical,
scientific manner.
Council took a position of opposing pB 859 (Sher) and
supporting AB 2133 (Jones).
TO: City Council
FROM• City Manager
DATE: July 11, 1985
SUBJECT: Water Quality Legislation
RECOMMENDED ACTION: That the City Council take a position opposing AB 859 (Sher)
and supporting AB 2133 (Jones).
BACKGROUND INFORMATION: The City of Lodi recently received the attached Legisla-
tive Alert from the California Municipal Utilities Association (CMUA). This
'materialincludes a general description of each subject Bili.
This department feels very strongly that drinking water standards should not be
set by an arbitrary legislative act, and that the standards should be set only
by serious and in-depth scientific study and testing. it is felt that the Jones
Bill should be supported in that it does approach the setting of additional drink-
ing water standards in a logical, scientific manner.
It is recommended that copies of the City's position on these two Bills be sent to
the appropriat elegislators and Jerry Jordan at CMUA.
eack.nsko
ks Director
Attachment
JLR/eeh
NOTE: A recent Legislative Report from CMUA is also attached
APPROVED:
_�
THOMAS A..PETERSON;_City Manager
CALIFORNIA
SUiTE 103-1213 K STREET
MUNICIPAL UTILITIES ASSOCIATION
SACRAMENTO, CALIFORNIA 95814 TELEPHONE (916) 441-1733
July 1, 1985
TO: Heads of Water Utilities
Water Quality Management Committee
FROM: Jerry Jordan
ACTION NEEDED ON RATER QUALITY LEGISLATION!
After being defeated In the Assembly Ways and Means Com-
mittee, AB:;859-,(Sher) was_amended- and -passed.the full Assembly.
In-its=current form Itis --worse than originally drafted. Origi-
nally the bill would have made primary drinking water standards
out of four contaminants. it now makes "interim" primary drink-
Ing.water standards out of approximately 47 action levels (copy
enclosed) and states :ftat I water utilities way not purvey ester
exceeding these action levels until such time as they are super-
seded by maximum contaminant- levels adopted by the Department of
Health Service.
in my opinion if AB 859 Is passed it will result in the cur-
rent action levels being the permanent ceiling and only lower
changes will be possible. If the action levels operate for two
years as "Interim" MCL's then the adjustments necessary to meet
those standards, either through treatment or alternative water
supplies, will have already been made and paid for. In addition
It is unlikely that DNS or the Legislature will permit water
utilltles to move to higher standards when they have been meet-
ing lower standards already.
PLEASE DDNTACT YOUR LEGISLATORS IMEDiATELY TO EXPRESS YOUR
OPPOSITION TO AB 859 (SHER). The bili will be heard very soon
In the Senate. Attached is some Information we have used in
opposing the bill; a copy of the list of action levels which
would become maximum contaminant levels, and a copy of the bill.
Waal
Enclosures
C e 1It I V E
JUL - 2'11985
CITY OF LOD1
CLIC WOFI V S DEPARTMENT
Members of the Assembly
AB 859 OPPOSE FILE NO. 107
AB 2133 SUPPORT - FILE NO. 108
CURRENT LAW
The Department of Health Services (DHS) has not yet
set primary drinking water standards (i.e. maximum
concentration levels-MCL's) for most synthetic organic
contaminants which have recently been discovered in some water
supplies. DHS has however set "action levels" which are
intended as interim "warning signals". DHS.makes
recommendations on treatment and/or management of the risks
where action levels are exceeded and recommends that consumers
be notified. Although there is no force of law behind the
action levels, there is 95% compliance with DHS suggestions on
action levels. Water utilities voluntarily comply with -these
recommendations in spite of the fact that action levels are set
by the DHS staff without compliance with the Administrative
Procedures Act and without the benefit of serious -scientific
review.
AB 2133 (JONES)
1. Requires DHS to rank all contaminants found in
drinking water in order of risk by January 1, 1987..
2. Requires the DHS to develop Primary Drinking Water
Standards (MCL's) for the top 20 ranked. contaminants
by January 1, 1988.
3. Would require that Health Advisory Contaminant
Levels (HACL's) be established (based only upon health
assessments) for all contaminants.
AB 859 (SHER)
I. Adopts as interim Primary Drinking Water Standards
approximately 47 action levels which have,been
established without compliance with the Administrative
Procedures Act and without serious scientific review.
2. Current law provides for substantial fines and
penalties for any person operating a water system in
violation of a primary drinking water standards.
AB 859 would subject operators of public water systems
to extreme penalties for violating standards which
were adopted without public input and without benefit
of sufficient scientific knowledge (AB 1241, Konnyu,
which has already passed the Assembly would provide
for fines of up to $25,000 per day for violation of
primary drinking water standards.)
3. Five of the compounds on the action level list are
listed on .the basis of taste and odor considerations
and not on the basis of health risks. AB 859 would
result in subjecting water utilities to fines and
penalties for taste and odor problems.
4.. Six of the compounds listed on the action level
list were not included in the AB 1803 monitoring
program, and it is not clear to what extent they exist
in groundwater or how a utility would monitor for them.
The undersigned organizations are ,very concerned with providing.
wholesome, pure, and potable water and urge that you choose the
more balanced approach of AB 2133 and reject AB 859.
ASSOCIATION OF CALIFORNIA WATER AGENCIES
CALIFORNIA MUNICIPAL UTILITIES ASSOCIATION
CALIFORNIA WATER ASSOCIATION
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
5
CALIFORNIA MUNICIPAL UTI!—iTiES -Q ! 3N
SUITE 103-1213 K STREET SACRAMENTO. CALIFORNIA 95814 tT!f)��k�l�(91 dtii>�
J� �_ 1
L Juiy 10, 1985 CITE' 4F LODI
0 MtELiC Y.ORKS DEPARTMEWr
Water Quality Bills
Two water quality bills, one bad and one mostly good, have
cleared the Assembly. Because of testimony of the Department of
Health Services, Legislators have been able to vote for both
bilis and assume consistency.
AB 859 (SI€R-Oppose), In its original form, would have made
primary drinking water standards out of four action levels and
required the customers be notified whenever any amount of the
chemicals were detected. The bill was defeated in its first
hearing in Ways and Means Committee but, as is often the case,
was granted reconsideration.
AB 859 was reheard along with A8 2133 (JONES -Support) in a
subcommittee of Ways and Means on June 24, 1985. The Jones bill
would require the Department of Health Services (DHS) to rank
all contaminants and, within two years, develop maximum contami-
nant levels for the top twenty on the list. During the hearing
Sher amended his bill to require that all current action levels
(aprox. 47) become interim maximum contaminant levels with the
full force of primary drinking water standards. Five of those
action levels are there only because of taste or odor considere-
tlon not because of health risks. in addition the bill would
prevent utilities from selling water over the action levels
without a variance approved by DHS. We believed AB 859 to be
dead in the Subcommittee until a DHS representative indicated
that DNS supported the bill as amended. The next day DHS with-
drew their support but the damage had already been done. Legis-
lators not wishing to vote against any water quality bilis were
able to vote for both bi i Is and quote DHS as saying both ap-
proaches were consistent and would work.
If AB 859 passes it will become the permanent maximum con-
taminant levels. After two years of meeting the standard it Is
Inconceivable that QHS would allow utilities to move to a higher
Ieve i. Another bili, AB 1241 - which CMUA Is currently neutral
on - would provide for up to $25,000 per day 1n fines for vio-
lating primary drinking water standards. in conjunction with AB
859 it could result In $25,000 per day fines for exceeding taste
and/or odor standards.
PLEASE CONTACT YOUR LEGISLATORS AND VOICE YOUR OPPOSITION TO
AB 859. THE ACT i ON LEVELS WH 1 CH WOULD BECOME PR 1 MARY DR I W I NG
WATER STANDARDS ARE ADOPTED It 1 THOUT CONFORM 1 NG TO ME ADI I NI S-
TRATIYE PROCEDURES ACT AND WITHOUT SERIOUS SCIENTIFIC REVIEW. IN
FACT THERE IS No PUBL I C INPUT AT ALL. BOTH AB 859 AND AIB 2133
HAVE BEEN SET FOR 7/16/85 IN SENATE Ta(I CS i PUBL I C SAFETY
MANAGEMENT C4 I TTEE .
GIN, COUNCIL
DAVID M: HINCHMAN, Mayor
CITY ®F LODI ORI
FRED M..REID
Mayor Pro' Tempore CITY HALL, 221 WEST PINE STREET
EVELYN M, OLSON CALL BOX 3006
JAMES W: PINKERTON, Jr. LODI, CALIFORNIA 95241-1910
JOHN R. (Randy) SNIDER (209) 334-5634
August 14, 1985
The Honorable Art Torres,
State Senate
THOMAS A. PETERSON
City Manager
ALICE M. REIMCHE
City Clerk
RONALD M. STEIN
City Attorney
State Capitol Building
Sacramento, CA 95814
Dear Mr. Torres:
Please be advised that the Lodi City Council, at an Adjourned Regular
Meeting held July 24, 1985, took the following action regarding
proposed water quality legislation:
a) Council took a position of opposition to AB 859 (Sher)
b) Council supported AB 2133 (Jones)
The Lodi City Council feels that drinking water standards should not
be set by an arbitrary legislative act, and that the standards should
be set only by serious and in-depth scientific study and testing.
it is felt that the Jones Bill should be supported in that it does
approach the setting of additional drinking mater standards in a
logical, scientific manner.
Very truly yours,
CITY COUNCIL,
CITY OF LODI, CALIFORNIA
By: Acee-11�.Re&1Md
City Clerk
CITY COUNCIL
DAVID M. HINCHMAN,'Mayor
FRED M. REID
Mayor Pro Tempore
EVELYN M. OLSON
JAMES W. PINKERTON. Jr.
JOHN R. (Randy) SNIDER
i
CITY OF LORI
CITY HALL, 221 WEST PINE STREET
CALL BOX 3006
LODI, CALIFORNIA 95241-1910
(209)334-5634
August 14, 1985
THOMAS A. S'ETERSON
The Honorable Rebecca Morgan, Vice Chairman
State Senate
State Capitol Building
Sacramnto, CA 95814
Dear Ms. Morgan:
Please .be advised that the Lodi City Council, at an Adjourned Regular
Meeting held July 24, 1985, took the following action regarding
proposed water quality legislation:
a) Council took a position of opposition to AB 859 (Sher)
b) Council supported AB 2133 (Jones)
The.Lodi City Council feels that drinking water standards should not
be set by an arbitrary legislative act, and that the standards should
be set only by serious and in-depth scientific study and testing.
It is felt that the Jones Bill should be supported in that it does
approach the setting of additional drinking water standards in a
logical,:scientific. manner.
Very truly yours,
CITY COUNCIL,
CITY OF LODI, CALIFORNIA
By: Alice M. Rei.mche
City Clerk
THOMAS A. PETERSON
City Manager
ALICE M. REIMCHE
City Clerk_
RONALD M. STEIN
City Attorney
August 14, 1985 _
The Honorable Gary K. Hart
State Senate
State Capitol Building
Sacramento, CA -95814
Dear Mr. Hart:
Please be advised that the Lodi City Council, at an Adjourned Regular
Meeting held July 24, 1985, took the following action regarding
proposed water quality legislation:
a) Council took a position of opposition to AB 859 (Sher)
b) Council supported AB 2133.(Jones)
The Lodi City .council feels that drinking water standards should not
be set by an arbitrary legislative act, and that the standards should
be set only by serit�us and in-depth scientific study and testing.
It is felt that the Jor.-s Bill should be supporter in that it does
approach thesetting of additional drinking water standards in a
logical, scientific maTmer.
Very truly yours,
CITY COUNCIL,
- CITY OF LODI, CALIFORNIA
' Fre 9
By:
g�ce
m. irwhe
City Clerk
CITY COUNCIL
DAVID M. HINCHMAN, Mayor
FRED M. REID
Mayor Pro Tempore
EYN
VEL A OLSON
JAMES W. PINKERTON, Jr.
JOHN R. (Randy) SNIDER
m
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
CALL BOX 3006
LODI, CALIFORNIA 95241-1916
(209) 334-5634
August 14, 1985
The Honorable Bill Lockyer
State Senate
THOMAS A. PETERSON
City Manager
ALICE M. REIMCHE
City Clerk
RONALD M. STEIN
City Attorney
State Capitol Building
Sacramento, CA 95814
Dear Mr. Lockyer:
Please be advised that the Lodi City Council, at an Adjourned Regular
Meeting held July 24, 1985, took the following action regarding
proposed water quality legislation:
a) Council took a position of opposition to AB 859 (Sher)
b) Council supported AB 2133 (Jones)
The todi City Council feels that drinking water standards should not
be set by an arbitrary legislative act, and that the standards should
be set only by serious and in-depth scientific study and testing.
It is felt that thq Jones Bill should be supported in that it does
approach the setting of additional drinking water standards in a
logical, scientific manner.
Very truly yours,
CITY COUNCIL,
CITY OF LODI, CALIFORNIA
By •: Aide M. he
City Clerk
CITY COUNCIL
DAVID M. HINCHMAN, Mayor
FRED M.REID
Mayor Pro Tempore
EVELYN M. OLSON
JAMES W. PINKERTON, Jr.
JOHN R. (Randy) SNIDER
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
CALL BOX 3006
LODI, CALIFORNIA 9,5241-1910.
(209) 334-5634
August 14, 1985
THOMAS A. PETERSON
City Manager
ALICE M. REIMCHE
City Clerk
RONALD hi. STEIN
-City Attorney.
The F.onorable Jim Nielsen
State Senate
State Capitol Building
Sacramento, CA 95814
Dear Mr. Nielsen:
Please be advised that the Lodi City Council, at an Adjourned Regular
Meeting held July, 24, 1985, took the following action regarding
proposed water quality legislation:
a) Council too'{ a position of opposition to AB 859 (Sher)
b) Council supported AB 2133 (Jones)
The Lodi City Council feels that drinking water standards should not
be set by an arbitrary legislative act, and that the standards should
be set only by serious and in-depth scientific study and testing.
It is felt that the Jones Bill should be, supported in that it does
approach the setting of additional drinking water standards in a
logical, scientific manner.
Very truly yours,
CITY CouNcm,
CITY OF LODI, CALIFORNIA
By: Alice M. Reimche
City Clerk
August 14, 1985
The Honorable Robert Presley
State Senate
State Capitol Building
Sacramento, CA 95814
Dear_Mr. Presley:.
Please be. advised that the Lodi City Council, at an Adjourned Regular
Meeting held July 24, 1985, took the following action regarding
proposed ,rater quality legislation:
a) Council took a position of opposition to AB 859 (Sher)
b) Council supported AB 2133 (Jones)
The Lodi City Council feels that drinking water standards should not
be set by an arbitrary legislative act, and that the standards should
be set only by serious and in-depth scientific study and testing.
It is felt that the Jones Bill should be supported in that it does
approach the setting of additional drinking water standards in a
logical,scientific manner.
r
Very truly yours,
August 14, 1985
The Honorable H. L. Richardson
State Senate
State Capitol Building
Sacramento, CA 95814
Dear Mr. Richardson:
Please be advised that the Lodi City Council, at an Adjourned Regular
Meeting held July 24, 1985, took the following action regarding
proposed water quality legislation:
a) Council took a position of opposition to AB 859 (Sher)
b) Council supported AB 2133 (Jones)
The Lodi City Council feels that drinking water standards should not
be set by an arbitrary legislative act, and that the standards should
be set onlyby serious and in-depth scientific study and testing.
It is felt that the Jones Bill should be supported in that it does
approach the setting of additional drinking water standards .in a
logical, scientific manner.
very truly yours,
CITY COUNCIL,
CITY OF LORI, CALIFORNIA
&ta- In
By: Alice M. Reimche
City Clerk
CITY COUNCIL
DAVID M. HINCHMAN, Mayor
V 1J
LODI
Y OFD
FRED M-REID
Mayor Pro Tempore
CITY HALL, 221 WEST PINE.STREET
EVELYN M. OLSON .
CALL BOX 3006
JAMES W. PINKERTON, Jr.
LODI, CALIFORNIA 95241-1910 ,
JOHN R. (Randy) SNIDER
(209) 334-5634
August 14, 1985
The Honorable H. L. Richardson
State Senate
State Capitol Building
Sacramento, CA 95814
Dear Mr. Richardson:
Please be advised that the Lodi City Council, at an Adjourned Regular
Meeting held July 24, 1985, took the following action regarding
proposed water quality legislation:
a) Council took a position of opposition to AB 859 (Sher)
b) Council supported AB 2133 (Jones)
The Lodi City Council feels that drinking water standards should not
be set by an arbitrary legislative act, and that the standards should
be set onlyby serious and in-depth scientific study and testing.
It is felt that the Jones Bill should be supported in that it does
approach the setting of additional drinking water standards .in a
logical, scientific manner.
very truly yours,
CITY COUNCIL,
CITY OF LORI, CALIFORNIA
&ta- In
By: Alice M. Reimche
City Clerk