Assembly BillFailedHealth and Safety
AB 794: California Safe Drinking Water Act: emergency regulations.
What AB 794 does, verified February 3, 2026
The bill aims to improve California's safe drinking water act by expanding the state's authority to adopt emergency regulations. This expansion allows the state to adopt requirements from a specified federal regulation, even if it's less stringent than the federal regulation. The emergency regulations cannot implement less stringent drinking water standards and can include more stringent monitoring requirements. Maximum contaminant levels and compliance dates for these regulations cannot be more stringent than those set by the federal act. The state water resources control board must adopt an emergency regulation by December 31, 2026, and initiate a primary drinking water standard for perfluoroalkyl and polyfluoroalkyl substances by the same deadline.
Bill journey
✓IntroducedComplete
2In CommitteeCurrent
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: Died on inactive file. (2026-02-02)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions11 total · showing 5
| Feb. 02, 2026 | Died on inactive file. |
| Jun. 12, 2025 | Ordered to inactive file at the request of Assembly Member Gabriel. |
| May. 27, 2025 | Read second time. Ordered to third reading. |
| May. 23, 2025 | From committee: Do pass. (Ayes 11. Noes 3.) (May 23). |
| Apr. 23, 2025 | In committee: Set, first hearing. Referred to suspense file. |
Latest bill textAmended version, April 10, 2025 · 1,027 words
| 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.
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(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 requirements that are more stringent than the requirements of the federal regulation to the extent those more stringent requirements are not materially different in substance and effect from the requirements of this chapter or regulations implementing this chapter.
(d) The adoption of a regulation pursuant to this section is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the state board pursuant to this section is hereby exempted from the requirement that it to describe facts showing the need for immediate action and is not subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board or the implementation of a primary drinking water standard.
(e) The adoption of an emergency regulation pursuant to this section is a Class 8 action, within the meaning of Section 15308 of Title 14 of the California Code of Regulations.
(f) Upon the adoption of an emergency regulation pursuant to subdivision (b), the Office of Environmental Health Hazard Assessment shall initiate proceedings to establish a public health goal pursuant to subdivision (c) of Section 116365 for any contaminant included in the emergency regulation that does not have a public health goal.
(g) Upon the adoption of an emergency regulation pursuant to subdivision (b), the state board shall initiate proceedings to establish primary drinking water standards pursuant to subdivision (a) of Section 116365 for all the contaminants included in the emergency regulation that have a public health goal pursuant to subdivision (c) of Section 116365. If a contaminant included in the emergency regulation does not have a public health goal, then the state board shall initiate proceedings to establish a primary drinking water standard as soon as a public health goal is established for the contaminant under paragraph (f).
(h) On or before January 1, December 31, 2026, the state board shall adopt an emergency regulation and shall initiate a primary drinking water standard for the perfluoroalkyl and polyfluoroalkyl substances covered by page 32532 in Number 82 of Volume 89 of the Federal Register in a manner that is consistent with this chapter. The timeline to comply with the emergency regulation shall align with the federal regulation cited above.
Text of AB 794 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions