Streamlining Safety: Proposed Changes to Drinking Water Standards Notices

03.22.2024

On February 16, 2024, Assembly Bill 3090 (Maienschein) (“AB 3090”) was introduced to the California Legislature, as an amendment to Section 116450 of the Health and Safety Code (“HSC”). AB 3090 aims to encourage public water systems to utilize new channels of technology in its notification process when primary drinking water standards are not observed. HSC Section 116275(h) defines a public water system as a system providing water for human consumption through pipes or similar means, with 15 or more connections or serving at least 25 people daily, for at least 60 days annually. This includes facilities controlled by the operator, as well as those used for treatment or storage, even if not directly controlled. A public water system also encompasses systems treating water for human consumption on behalf of other public water systems.

Currently, HSC Section 116450 dictates that public water systems must promptly provide notice to the State Water Resources Control Board (“Board”) and water users when drinking water standards are not met. Instances that require notification include significant rises in bacterial count, failure to comply with primary drinking water standards, and chemical contamination problems. The notices must be approved by the Board and repeated at intervals until compliance is achieved. In addition, HSC Section 116450(g) requires whenever a school or school system, the owner or operator of residential rental property, or the owner or operator of a business property receives a notification from a person operating a public water system under any provision of this section, that the school or school system shall notify school employees, students and parents if the students are minors, the owner or operator of a residential rental property shall notify tenants, and the owner or operator of business property shall notify employees of businesses located on the property.

The focal point of AB 3090 lies in proposed changes to the written Tier 1 public notice (“Tier 1 Notice”) that is given by a public water system when any of the events listed in the California Code of Regulations Title 22, Section 64463.1(a) occur. (Cal. Code Regs. Tit. 22 § 64463.1). Currently, the Tier 1 Notice, as outlined in HSC Section 116450(h), contains various linguistic notification requirements.

AB 3090 proposes to add an extra layer to notifying affected users. If passed, HSC Section 116450(h)(3) will be amended, encouraging public water systems to provide notice through public safety communications technology. This includes the federal Wireless Emergency Alert System, that communicates with groups in the affected geographic area.

While the existing framework emphasizes linguistic inclusivity in Tier 1 Notices, the addition of notifying the affected population through public safety communications technology introduces a modern and efficient method to reach a broader audience in a broader and quicker manner.

AB 3090 also proposes a technical modification throughout HSC Section 116450, changing the term “department” to “board” to specifically refer to the State Water Resources Control Board.

We strongly encourage those who have further questions about the new changes proposed by AB 3090 to reach out and confer with legal counsel.

Special thanks to Farrah Ghaffarirafi, our FCPPG law clerk, for her extensive work on this alert.