‘Erin Brockovich’ chemical could be in your water. Should districts get legal cover? – CalMatters

‘Erin Brockovich’ chemical could be in your water. Should districts get legal cover? – CalMatters

 

Report on California’s Legislative Measures for Chromium-6 Compliance and Sustainable Development Goals

Introduction: Aligning Water Safety with SDG 3 and SDG 6

California is advancing legislative measures to support state water districts in complying with new, stringent standards for hexavalent chromium (chromium-6), a carcinogenic chemical found in drinking water sources. This initiative directly addresses the United Nations Sustainable Development Goals, particularly SDG 6 (Clean Water and Sanitation) and SDG 3 (Good Health and Well-being). The state’s new regulation, the most rigorous in the nation, aims to protect over five million residents from long-term health risks associated with the toxin. However, the implementation presents significant financial and logistical challenges for local water suppliers, prompting legislative action to balance regulatory enforcement with practical compliance.

Legislative Framework: Senate Bill 466 and SDG 16

In response to concerns from water districts, Senate Bill 466 has been introduced to provide temporary legal protection from civil liability. This measure is designed to support SDG 16 (Peace, Justice and Strong Institutions) by creating a stable legal environment that allows institutions to focus resources on infrastructure upgrades rather than litigation. The bill ensures that water districts making demonstrable progress toward meeting state-approved compliance plans are shielded from lawsuits related to non-compliance during the transition period. The state’s regulatory enforcement authority remains unaffected.

Key Provisions and Stakeholder Engagement

  • The bill, introduced by Senator Anna Caballero, passed the State Senate and a key Assembly committee with unanimous support.
  • It aims to prevent the diversion of ratepayer funds to legal defense, redirecting them toward capital projects necessary for compliance.
  • Initial opposition from the Consumer Attorneys of California was withdrawn after amendments were made to address concerns about broad immunity, demonstrating a responsive and inclusive legislative process consistent with the principles of SDG 16.

Socio-Economic Impacts and Challenges to SDG 10 and SDG 11

The cost of compliance with the new chromium-6 standard poses a significant threat to SDG 10 (Reduced Inequalities) and SDG 11 (Sustainable Cities and Communities). Water districts report that the necessary infrastructure upgrades will cost tens to hundreds of millions of dollars, leading to substantial increases in water rates for consumers.

Financial Burdens on Municipalities and Residents

  1. The City of Los Banos estimates a cost of $65 million for compliance, equivalent to half of the city’s annual budget, potentially quadrupling water rates.
  2. The Coachella Valley Water District projects a $400 million expenditure, which is expected to double domestic water rates, disproportionately affecting the large disadvantaged and retiree communities in its service area.

Addressing Inequalities

The financial burden highlights a critical challenge to SDG 10, as it places a heavier strain on low-income households and vulnerable populations. Furthermore, the issue exposes geographical inequalities, as the presence of naturally occurring chromium-6 is concentrated in specific regions like the west side of the San Joaquin Valley, while other areas face no such compliance costs.

Broader Context: Public Health, Regulatory Standards, and SDG 12

The Health Imperative: SDG 3

The core driver for the new regulation is the protection of public health, a central tenet of SDG 3. Long-term exposure to even trace amounts of hexavalent chromium in drinking water is linked to an increased risk of cancer. The state’s new standard limits the chemical to 10 parts per billion. While this is a significant improvement, public health analysis indicates a lifetime risk of one additional cancer case for every 2,000 people consuming water at this limit.

Regulatory Actions and SDG 12

The contamination stems from both natural sources and industrial pollution. This highlights the importance of SDG 12 (Responsible Consumption and Production). In addition to the new drinking water standard, the California Air Resources Board took a related step in 2023 by approving a ban on the use of hexavalent chromium in the chrome plating industry, directly targeting a source of industrial pollution and promoting more sustainable production patterns.

Compliance Timeline

  • Large water suppliers have two years to comply with the new requirements.
  • Smaller systems (fewer than 1,000 connections) have four years.
  • Districts unable to meet these deadlines must implement state-approved compliance plans to avoid penalties.

SDGs Addressed in the Article

  • SDG 3: Good Health and Well-being: The article’s central theme is the public health risk associated with hexavalent chromium, a “cancer-causing toxic chemical” found in drinking water.
  • SDG 6: Clean Water and Sanitation: The entire article revolves around establishing and meeting standards for safe drinking water, addressing contamination, and the challenges of water infrastructure upgrades.
  • SDG 10: Reduced Inequalities: The article highlights how the high costs of compliance disproportionately affect certain populations, including “large disadvantaged communities” and retirees.
  • SDG 11: Sustainable Cities and Communities: The issue is framed within the context of municipal water districts (like Los Banos and Coachella Valley) struggling to provide a basic service (safe water) due to immense infrastructure costs.

Identified SDG Targets

  1. SDG 3: Good Health and Well-being

    • Target 3.9: By 2030, substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water and soil pollution and contamination.

      Explanation: The article directly addresses this target by discussing the new state standard for hexavalent chromium, which is “intended to protect more than 5 million Californians from the toxin” and reduce long-term cancer risk associated with drinking contaminated water.
  2. SDG 6: Clean Water and Sanitation

    • Target 6.1: By 2030, achieve universal and equitable access to safe and affordable drinking water for all.

      Explanation: The article focuses on the effort to ensure safe drinking water by setting a new standard. It also heavily emphasizes the challenge of affordability, noting that compliance costs could cause water rates to “double” or “quadruple,” potentially making safe water inaccessible for low-income residents.
    • Target 6.3: By 2030, improve water quality by reducing pollution, eliminating dumping and minimizing release of hazardous chemicals and materials.

      Explanation: The issue stems from water pollution by a hazardous chemical, chromium-6, which has “leached into the water from industrial sites” or is naturally occurring. The new regulation is a direct measure to improve water quality by reducing the concentration of this pollutant.
  3. SDG 10: Reduced Inequalities

    • Target 10.2: By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status.

      Explanation: The article points out the unequal economic burden of the new water standard, stating it “will have an enormous impact on the large disadvantaged communities that we serve, and it will also impact the retiree population.” This highlights how the solution’s cost could exacerbate existing economic inequalities.
  4. SDG 11: Sustainable Cities and Communities

    • Target 11.1: By 2030, ensure access for all to adequate, safe and affordable housing and basic services and upgrade slums.

      Explanation: Safe water is a fundamental basic service. The article details the struggle of cities and water districts, such as Los Banos, which faces a “$65 million” infrastructure cost, to provide this service to its 50,000 customers, thereby threatening the sustainability of this basic municipal function.

Indicators for Measuring Progress

  1. For Target 3.9 (Health Impact)

    • Cancer Risk Rate: The article provides a specific health risk metric: “for every 2,000 people who drink the water for a lifetime, one person would be at risk of cancer” under the new standard. This is a direct indicator of illness attributed to water contamination.
  2. For Targets 6.1 & 6.3 (Water Quality and Access)

    • Chemical Concentration Limit: A precise indicator of water quality is the state-mandated limit of “no more than 10 parts per billion” for hexavalent chromium.
    • Scope of Contamination: The article quantifies the problem by stating that levels above the limit have been reported in “about 330 sources of drinking water” and that the regulations affect “more than 5 million Californians.”
    • Affordability Metrics: The potential for water rates to “double” or “quadruple” serves as an indicator for measuring the affordability of safe drinking water.
  3. For Targets 10.2 & 11.1 (Inequality and Municipal Burden)

    • Cost of Compliance: The article provides specific financial figures that act as indicators of the economic burden on communities, such as the “$65 million” cost for Los Banos and “$400 million” for the Coachella Valley Water District.
    • Impact on Vulnerable Groups: The specific mention of the “enormous impact on the large disadvantaged communities” and the “retiree population” serves as a qualitative indicator of the unequal distribution of the financial burden.

Summary Table of SDGs, Targets, and Indicators

SDGs Targets Indicators
SDG 3: Good Health and Well-being 3.9: Reduce deaths and illnesses from hazardous chemicals and water pollution. Cancer risk rate of one in 2,000 people over a lifetime.
SDG 6: Clean Water and Sanitation 6.1: Achieve universal access to safe and affordable drinking water.
  • Population affected: Over 5 million Californians.
  • Projected doubling or quadrupling of water rates.
6.3: Improve water quality by reducing pollution.
  • Water quality standard: 10 parts per billion for hexavalent chromium.
  • Number of contaminated sources: ~330.
SDG 10: Reduced Inequalities 10.2: Promote social and economic inclusion of all. Mention of “enormous impact on the large disadvantaged communities” and “retiree population.”
SDG 11: Sustainable Cities and Communities 11.1: Ensure access for all to adequate, safe and affordable basic services.
  • Infrastructure compliance cost for Los Banos: $65 million.
  • Infrastructure compliance cost for Coachella Valley: $400 million.

Source: paloaltoonline.com