Public Works Agency
www.santa-ana.gov/pw
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Ordinance Establishing City Council Approval of Changes Affecting Drinking Water Quality Standards and Regulations
AGENDA TITLE
Adopt an Ordinance Establishing City Council Approval of Changes Affecting the City’s Drinking Water Quality Standards and Regulations
RECOMMENDED ACTION
Adopt an Ordinance Establishing City Council Approval of Changes Affecting the City’s Drinking Water Quality Standards and Regulations.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING SECTION 39-43 TO ARTICLE II OF CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH CITY
COUNCIL APPROVAL OF CHANGES AFFECTING DRINKING WATER QUALITY STANDARDS AND REGULATIONS [includes determination that ordinance adoption is not subject to California Environmental Quality Act (CEQA) requirements pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(3), 15378, and 15378(b)(5)]
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
On May 18, 2026, the U.S. Environmental Protection Agency (EPA) announced a proposal to revise federal drinking water Maximum Contaminant Levels (MCLs) for two per- and polyfluoroalkyl (PFAS) compounds: perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), and a proposal to rescind drinking water standards for four additional PFAS compounds: perfluorohexane sulfonic acid (PFHxS), hexafluoropropylene oxide dimer acid (HFPO-DA), perfluorononanoic acid (PFNA) and perfluorobutane sulfonic acid (PFBS), as well as Hazard Index mixtures of these PFAS chains.
It is important to note that these proposed rules are still being considered by the EPA and have not yet gone into effect. However, the recent proposals from the EPA have Ordinance Establishing City Council Approval of Changes Affecting Drinking Water Quality Standards and Regulations
October 6, 2026
demonstrated that government requirements and standards for drinking water can change to either strengthen or relax water quality standards.
On June 16, 2026, in response to the proposed EPA rule revisions, the City Council directed staff to prepare an ordinance that would codify the requirement for staff to bring any proposed change in drinking water standards to the City Council for review and approval before local implementation.
The City’s drinking water system is classified as a public water system and exists under a permit from the State of California, as amended on July 30, 2026 (Exhibit 1). As such, the City is required to comply with all federal standards and the requirements set forth in the California Safe Drinking Water Act, Health and Safety Code and any regulations, standards, or orders adopted thereunder. The City adheres to the set of standards in effect as of today and will continue do so as they maintain a higher standard than the proposed EPA rule revisions.
In response to Council direction, staff has prepared a proposed ordinance (Exhibit 2) that would require City Council review and approval of any change to drinking water standards and regulations while preserving the City’s ability to comply promptly with federal and state law, public water system permit conditions, binding regulatory orders, and emergencies affecting public health or water service. The proposed ordinance will allow for transparency and the continued protection of our City’s drinking water in spite of changes to federal and state regulations that may diminish water quality standards.
The proposed ordinance also recognizes that the City, under its public water supplier permit, may be required to enact mandatory water quality standards and treatment measures. In which case, the proposed ordinance provides a compliance process for such future requirements to be presented to the City Council for consideration.
Adoption of the ordinance would strengthen transparency and accountability, support informed long-term decision-making, and reinforce public confidence in the City’s continued commitment to providing safe, reliable, and high-quality drinking water.
ENVIRONMENTAL IMPACT
The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, that the introduction and adoption of this ordinance is not subject to CEQA because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (Title 14 California Code of Regulations (CCR) § 15060(c)(2) and the activity is not a project as defined in Section 15378 of the CEQA Guidelines because the ordinance is an organization administrative activity which establishes a process for City Council review and approval of discretionary and mandatory changes to City drinking water standards and regulations and does not itself authorize or require any physical alteration, construction, expansion, or other physical change to the City's public water system or the Ordinance Establishing City Council Approval of Changes Affecting Drinking Water Quality Standards and Regulations
October 6, 2026
environment. (14 CCR §§ 15060(c)(3) and 15378(b)(5).) Additionally, the ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. (14 CCR § 15061(b)(3).)
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Public Water System Permit
2. Ordinance
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nuñez, City Manager