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 Bill Text - AB-794 California Safe Drinking Water Act: emergency regulations. 

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 |Add To My Favorites |Track Bill | Version: 04/10/25 - Amended Assembly
 02/18/25 - Introduced

 AB-794 California Safe Drinking Water Act: emergency regulations. (2025-2026)

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 Date Published: 04/10/2025 09:00 PM

AB794:v98#DOCUMENTBill Start

 Amended
 IN 
 Assembly
 April 10, 2025

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 794

Introduced by Assembly Member Gabriel

February 18, 2025

 An act to repeal and add Section 116365.03 of the Health and Safety Code, relating to safe drinking water. 

LEGISLATIVE COUNSEL'S DIGEST

AB 794, as amended, Gabriel.
 California Safe Drinking Water Act: emergency regulations. 

Existing law, the California Safe Drinking Water Act (state act), requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. The state board’s duties include, but are not limited to, enforcing the federal Safe Drinking Water Act (federal act) and adopting and enforcing regulations. Existing law authorizes the state board to adopt as an emergency regulation, a regulation that is not more stringent than, and is not materially different in substance and effect than, the requirements of a regulation promulgated under the federal act, with a specified exception.

This bill would provide that the authority of the state board to adopt an emergency regulation pursuant to these provisions includes the authority to adopt requirements of a specified federal regulation
 that was in effect on January 19, 2025, regardless of whether the requirements were repealed or amended to be less stringent. The bill would prohibit an emergency regulation adopted pursuant to these provisions from implementing less stringent drinking water standards, as provided, and would authorize the regulation to include monitoring requirements that are more stringent than the requirements of the federal regulation. The bill would prohibit maximum contaminant levels and compliance dates for maximum contaminant levels adopted as part of an emergency regulation from being more stringent than the maximum contaminant levels and compliance dates of a regulation promulgated pursuant to the federal act.
 The bill would require, on or before January 1, December 31, 2026, the state board to adopt an emergency regulation and to initiate a primary drinking water standard for perfluoroalkyl and polyfluoroalkyl substances, as provided. The bill would make other changes to proceedings initiated upon the adoption of an emergency regulation to establish a public health goal and primary drinking water standards, as specified.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 NO 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 116365.03 of the Health and Safety Code is repealed.

SEC. 2.

 Section 116365.03 is added to the Health and Safety Code, to read:

116365.03.

 (a) The state board may adopt as an emergency regulation, regulation a regulation that is not more stringent than, and is not materially different in substance and effect than, than the requirements of a regulation promulgated pursuant to the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.).

(b) The authority of the state board to adopt an emergency regulation under this section includes the authority to adopt requirements of a federal regulation promulgated pursuant to the federal Safe Drinking Water Act that is in effect when the state board adopts the emergency regulation and authority to adopt requirements of a federal regulation that was in effect on January 19, 2025, regardless of whether the requirements were repealed or amended to be less stringent.

(c) An emergency regulation adopted pursuant to this section shall not implement less stringent drinking water standards than the requirements of a federal regulation that was in effect on January 19, 2025, and may include
 2025. Maximum contaminant levels and compliance dates for those maximum contaminant levels adopted as part of an emergency regulation shall not be more stringent than the maximum contaminant levels and compliance dates of a regulation promulgated pursuant to the federal Safe Drinking Water Act. The emergency regulation may include monitoring requirem