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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