BILL NUMBER: AB 1100 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2009
INTRODUCED BY Assembly Member Duvall
FEBRUARY 27, 2009
An act to add Section 111187 to the Health and Safety Code,
relating to bottled water.
LEGISLATIVE COUNSEL'S DIGEST
AB 1100, as amended, Duvall. Potable reuse demonstration water.
Under existing law, the State Department of Public Health licenses
and regulates water bottlers, distributors, and vendors. Existing
law prescribes various quality and labeling standards for bottled
water and limits the levels of certain contaminants that may be
contained in those water products. Violation of these provisions is a
crime.
This bill would allow the bottling of potable reuse demonstration
water, as defined, to be distributed, free of charge, for educational
purposes or to promote water recycling. The bill would establish
specific bottling, labeling, and sanitation requirements
for potable reuse demonstration water and would require an
operator seeking to bottle potable reuse demonstration water to
establish a collection and recycling program for
distributed bottles . Because this bill would create a new
crime, it imposes a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 111187 is added to the Health and Safety Code,
to read:
111187. (a) As used in this section, "potable reuse demonstration
water" means secondary effluent from a wastewater treatment facility
operated by a wastewater treatment agency with a source control
program that goes beyond conventional source control, and that
satisfies both of the following requirements:
(1) The secondary effluent is treated by means of all of the
following treatment processes:
(A) Microfiltration, ultrafiltration, or other filtration
processes to remove particulates before reverse osmosis.
(B) Reverse osmosis.
(C) Advanced oxidation by means of ultraviolet light and peroxide.
(2) The secondary effluent meets or exceeds all federal and state
drinking water standards, and all maximum contaminant levels set by
the department for public drinking water.
(b) Except as expressly set forth in this section, the operator of
a facility producing potable reuse demonstration water may cause
that water to be bottled and distributed for educational purposes and
to promote water recycling, without complying with the requirements
of this article.
(c) Any operator seeking to bottle potable reuse demonstration
water shall collect water samples prior to the commencement of the
bottling process, and test that water in accordance with Section
111165. Potable reuse demonstration water shall not be distributed
unless that water meets or exceeds all federal and state drinking
water standards, all maximum contaminant levels established by the
department for public drinking water, and all conditions imposed by
regulatory agencies on the water quality of the product water being
used as potable reuse demonstration water.
(d) Potable reuse demonstration water may only be bottled at a
licensed water-bottling plant in compliance with Sections
111080, 111120, 111145, and 111155.
(e) Potable reuse demonstration water shall be handled from the
point of production to the completion of bottling in accordance with
all regulations governing the transportation, bottling, and handling
of bottled water, as defined in subdivision (a) of Section 111070,
including, but not limited to, subdivisions (b), (f), and (h) of
Section 111075. A water bottling plant that bottles potable reuse
demonstration water in accordance with this section may also bottle
other potable water, subject to compliance with this article.
(f) Potable reuse demonstration water shall be bottled in
nonreturnable (one-way) bottles or packages with labels containing
the following information in an easily readable format that complies
with all of the following:
(1) The label shall state "not for sale" and "highly treated
recycled wastewater meeting all federal and state drinking water
standards."
(2) The label shall set forth the name, address, telephone number,
and Internet Web site of the operator of the facility producing the
potable reuse demonstration water.
(3) The label shall include a brief description of the potable
reuse demonstration water, including its source and the treatment
processes to which the water is subjected.
(g) A specific water recycling facility may bottle not more than
___ 1,000 gallons of potable reuse
demonstration water in a calendar year.
(h) No potable reuse demonstration water shall be sold or
otherwise distributed in exchange for financial consideration.
(i) Bottled potable reuse demonstration water may be distributed
at no cost for educational purposes or to promote water recycling.
(j) An operator seeking to bottle potable reuse demonstration
water shall establish a collection and recycling program for
distributed bottles.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.