Opinion No. (2000)

BILL LOCKYER Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE DEDE ALPERT, MEMBER OF THE CALIFORNIA STATE SENATE, has requested an opinion on the following question: With respect to a charter city that has an ordinance prohibiting the fluoridation of the city's water supply, (1) does state law requiring the fluoridation of public water systems supersede the city's ordinance when outside funds are made available to install and operate a fluoridation system, and if so, (2) what level of outside funding must be in place for a conflict to exist between state law and the city's ordinance? CONCLUSION With respect to a charter city that has an ordinance prohibiting the fluoridation of the city's water supply, (1) state law requiring the fluoridation of public water systems supersedes the city's ordinance when outside funds are made available to install and operate a fluoridation system, and (2) sufficient outside funding to cover the capital and associated costs of installing a fluoridation system must be in place before a city must take action to install a fluoridation system and sufficient outside funding to cover operation and maintenance costs must be in…