California Legislature—2013–14 Regular Session

Assembly BillNo. 119

Introduced by Committee on Environmental Safety and Toxic Materials (Alejo (Chair), Bloom, Lowenthal, Stone, and Ting)

January 14, 2013

An act to amend Section 17577.2 of the Business and Professions Code, and to amend Sections 116825, 116840, and 116860 of, to add Sections 116831, 116832, and 116836 to, to repeal Sections 116830 and 116855 of, and to repeal and add Sections 116835, 116845, and 116850 of, the Health and Safety Code, relating to water treatment devices.


AB 119, as introduced, Committee on Environmental Safety and Toxic Materials. Water treatment devices.

Existing law prohibits a person from making a claim that a water treatment device, as defined, affects the health or safety of drinking water, in connection with the sale or distribution of the device, unless the device has been certified by the State Department of Public Health or another entity, as specified. Existing law requires the department to adopt regulations setting forth the criteria and procedures for certification of water treatment devices that are claimed to affect the health or safety of drinking water.

This bill would instead require each manufacturer that offers for sale in California a water treatment device for which it makes a health or safety claim, as defined, to submit specified information, including the manufacturer’s contact information, product identification information, and the specific contaminant claimed to be removed or reduced by the device, to the department for purposes of inclusion on the department’s Internet Web site. This bill would also require each manufacturer to pay a reasonable regulatory fee to pay for the cost of publishing information on the department’s Internet Web site and for conducting enforcement actions.

This bill would make related and conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1


Section 17577.2 of the Business and Professions
is amended to read:



It is unlawful for any person to do any of the following
4in connection with the sale, lease, rental, offer to sell, lease, rent,
5or other disposition of water treatment devices:

6(a) Make any untrue or misleading oral or written statements
7regarding the presence of one or more contaminants in water, or
8the performance of water treatment devices, including, but not
9limited to, the following oral or written statements:

10(1) (A) Any contaminant exists in the water of any person to
11whom the statement is directed unless the statement is true, is
12reasonably based on factual data, and at least a written summary
13of the factual data, that has been prepared or approved by the source
14of the factual data, is disclosed to the person to whom the statement
15is directed before that person executes any contract for the
16purchase, lease, or rental of a water treatment device.

17(B) Any contaminant may exist in the water of any person to
18whom the statement is directed unless the statement is true and is
19reasonably based on factual data.

20(2) A relationship between water quality and acute or chronic
21illness exists as a scientific certainty unless that statement is true.

22(3) The public water system, utility, or treatment plant that
23supplies water to the person to whom the statement is directed
24does not test, treat, or remove particular substances from water
25treated by it unless the statement is true.

26(4) A water treatment device removes particular contaminants
27or other substances from water unless the statement is true, is
28reasonably based on factual data in existence at the time the
29statement is made, and the requirements of subparagraphs (A)
30through (C) are satisfied.

P3    1(A) If the particular contaminants or other substances mentioned
2in the statement described in paragraph (4) are not necessarily in
3the water of the person to whom the statement is made, the
4following disclosure or its equivalent must be clearly and
5conspicuously made: “The contaminants or other substances
6removed or reduced by this water treatment device are not
7necessarily in your water.”

8(B) If the statement described in paragraph (4) is oral, the
9disclosure described in subparagraph (A) shall be made orally and
10shall immediately follow the statement. If the statement is in
11writing, the disclosure shall be in writing and shall be placed
12 immediately next to the written statement.

13(C) Notwithstanding subparagraph (A), no statement about the
14ability of a water treatment device to remove particular
15contaminants or other substances shall be used to imply falsely
16that any of those contaminants or other substances are present in
17the water of the person to whom the statement is made.

18(5) Use news events, reports, or descriptions of water quality
19problems or health hazards associated with water systems or
20suppliers different from the systems or suppliers of the intended
21consumer unless, at the same time, the seller sets forth
22conspicuously and prominently a statement, if true, that the seller
23has no information that the intended consumer’s water supply has
24the water quality problems or health hazards referred to in the news
25events, reports, or descriptions.

26(6) A water treatment device would provide a health benefit or
27diminish a health risk unless it would do so.

28(7) A water treatment device will solve or contribute to the
29solution of any problem unless the statement is true.

30(b) Perform precipitation tests of the individual consumer’s
31drinking water without also clearly informing the consumer of the
32results, scope, and limits of the test. Precipitation tests may only
33be used to demonstrate the hardness or other nonhealth-related
34characteristics of the water being tested.

35(c) Notwithstanding subdivision (a), make product performance
36claims or product benefit claims that the device affectsbegin insert theend insert health
37or the safety of drinking water, unless the device has beenbegin delete certifiedend delete
38begin insert published on an Internet Web siteend insert by the State Department of
39begin delete Health Servicesend deletebegin insert Public Healthend insert pursuant to Article 3 (commencing
40with Section 116825) of Chapter 5 of Part 12 of Division 104 of
P4    1the Health and Safety Code. This subdivision does not apply to
2the making of truthful and nonmisleading claims regarding the
3removal or reduction of contaminantsbegin delete for which certification is end delete
4begin deletenot availableend deletebegin insert not associated with a health or safety claimend insert pursuant
5to Article 3 (commencing with Section 116825) of Chapter 5 of
6Part 12 of Division 104 of the Health and Safety Code.

begin delete

7This subdivision shall become operative one year after the
8effective date of the regulations adopted pursuant to Section
9116830 of the Health and Safety Code.

end delete

10(d) Use pictures, exhibits, graphs, charts, other graphic
11portrayals, endorsements, or testimonials in any untrue or
12misleading manner.

13(e) Fail to disclose clearly and conspicuously, in writing, to the
14purchaser, lessee, or renter, prior to the time of purchase, lease, or
15rent, the importance of maintaining the water treatment device
16according to the manufacturer’s instructions, including, if
17applicable, replacement of screens and filters. In addition, a
18separate printed gummed label, tag, or other convenient form of
19reminder of the importance of proper maintenance shall be provided
20to the purchaser, lessee, or renter.


SEC. 2.  

Section 116825 of the Health and Safety Code is
22amended to read:



Unless the context otherwise requires, the following
24definitions shall govern construction of this article:

25(a) “Water treatment device” means any point of use or point
26of entry instrument or contrivance sold or offered for rental or
27lease for residential use, and designed to be added to the plumbing
28system, or used without being connected to the plumbing of a water
29supply intended for human consumption in order to improve the
30water supply by any means, including, but not limited to, filtration,
31distillation, adsorption, ion exchange, reverse osmosis, or other
32treatment. “Water treatment device” does not include any device
33that is regulated pursuant to Article 12 (commencing with Section
34111070) of Chapter 5 of Part 5.

35(b) “Department” means thebegin insert Stateend insert Department ofbegin delete Health Servicesend delete
36begin insert Public Healthend insert.

37(c) “Person” means any individual, firm, corporation, or
38association, or any employee or agent thereof.

39(d) “Contaminants” means any health-related physical, chemical,
40biological, or radiological substance or matter in water.

begin insert

P5    1(e) “Health or safety claim” means any claim that the water
2treatment device will remove or reduce a contaminant for which
3either of the following applies:

end insert
begin insert

4(1) A primary drinking water standard as defined in Section
5116275, or a treatment requirement as authorized in subdivision
6(j) of Section 116365 and subdivision (d) of Section 116375, has
7been established.

end insert
begin insert

8(2) A national primary drinking water standard or treatment
9requirement has been established under the federal Safe Drinking
10Water Act (42 U.S.C. Sec. 300g-1).

end insert
begin insert

11(f) “Manufacturer” means any of the following:

end insert
begin insert

12(1) A person that makes, converts, constructs, or produces water
13treatment devices for the purposes of sale, lease, or rental to
14individuals, corporations, associations, or other entities.

end insert
begin insert

15(2) A person that assembles water treatment devices or treatment
16components from components manufactured by another entity.

end insert
begin insert

17(3) A person that adds its own product name or product
18identification to water treatment devices or treatment components
19that have been manufactured or assembled by another entity.

end insert

SEC. 3.  

Section 116830 of the Health and Safety Code is

begin delete


(a) The department shall adopt regulations setting
23forth the criteria and procedures for certification of water treatment
24devices that are claimed to affect the health or safety of drinking
25water. The regulations shall include appropriate testing protocols
26and procedures to determine the performance of water treatment
27devices in reducing specific contaminants from public or private
28domestic water supplies. The regulations may adopt, by reference,
29the testing procedures and standards of one or more independent
30testing organizations if the department determines that the
31procedures and standards are adequate to meet the requirements
32of this section. The regulations may specify any testing
33organization that the department has designated to conduct the
34testing of water treatment devices.

35(b) The regulations required by subdivision (a) shall include
36minimum standards for the following:

37(1) Performance requirements.

38(2) Types of tests to be performed.

39(3) Types of allowable materials.

40(4) Design and construction.

P6    1(5) Instruction and information requirements, including
2operational, maintenance, replacement, and estimated cost of these

4(6) Any additional requirements, not inconsistent with this
5article, as may be necessary to carry out this article.

6(c) The department or any testing organization designated by
7the department pursuant to this section may agree to evaluate test
8data on a water treatment device offered by the manufacturer of
9the water treatment device, in lieu of the requirements of this
10section, if the department or the testing organization determines
11that the testing procedures and standards used to develop the data
12are adequate to meet the requirements of this section.

end delete

SEC. 4.  

Section 116831 is added to the Health and Safety Code,
14to read:



All regulations adopted pursuant to this article prior
16to January 1, 2014, are repealed.


SEC. 5.  

Section 116832 is added to the Health and Safety Code,
18to read:



Commencing January 1, 2014, each manufacturer that
20offers for sale in California a water treatment device for which it
21makes a health or safety claim shall, for each water treatment
22device, submit to the department the following information,
23together with the fee prescribed in Section 116850, by March 1 of
24each calendar year, for purposes of the department’s publishing
25the information on its Internet Web site:

26(a) The name, address, telephone number, and Internet Web site
27address, if any, of the manufacturer.

28(b) The name, address, and telephone number of a contact person
29for the manufacturer.

30(c) The name and model number of the water treatment device,
31and any other product identification used by the manufacturer to
32describe the water treatment device or treatment component.

33(d) Each specific contaminant claimed to be removed or reduced
34by the device.

35(e) For each specific contaminant identified in subdivision (d),
36the name of the organization that tested the device to verify its
37removal or reduction performance for that contaminant, the name
38of the testing protocol or standard used to test the device, a
39statement from the testing laboratory giving the date of the test, a
40summary of the results, and the date, if any, by which the device
P7    1must be retested for verification of the removal or reduction
2performance to remain effective.


SEC. 6.  

Section 116835 of the Health and Safety Code is

begin delete


(a)  No water treatment device that makes product
6performance claims or product benefit claims that the device affects
7health or the safety of drinking water, shall be sold or otherwise
8distributed that has not been certified by the department or by
9another entity in accordance with subdivision (b). Water treatment
10devices not offered for sale or distribution based on claims of
11improvement in the healthfulness of drinking water need not be
12certified pursuant to this section.

13(b)  The department may accept a water treatment device
14certification issued by an agency of another state, by an
15independent testing organization, or by the federal government in
16lieu of its own, if the department determines that certification
17program meets the requirements of this article.

18(c)  A water treatment device initially installed prior to the
19operative date of this section shall not require certification pursuant
20to Section 116830.

21(d)  Subdivisions (a), (b), and (c) shall become operative one
22year after the effective date of the regulations adopted pursuant to
23Section 116830. Regulations adopted pursuant to that section shall
24be transmitted to the Legislature upon adoption.

end delete

SEC. 7.  

Section 116835 is added to the Health and Safety Code,
26to read:



A water treatment device for which a health or safety
28claim is made shall not be sold or otherwise distributed unless the
29device meets either of the following criteria:

30(a) The device has a valid certificate issued on or before
31December 31, 2013.

32(b) The device has been tested by an independent testing
33organization that has been accredited by the American National
34Standards Institute, and test results verify the health or safety claim,
35and the device is included on the list of water treatment devices
36published on the department’s Internet Web site.


SEC. 8.  

Section 116836 is added to the Health and Safety Code,
38to read:

P8    1


(a) Notwithstanding any other law, a certificate issued
2by the department shall not be valid unless the application for
3certification was filed on or before November 1, 2013.

4(b) A currently valid certificate issued by the department on or
5before December 31, 2013, pursuant to this article, shall remain
6in effect for five years following the date of initial issuance, except
7that any certification that was renewed on or before January 1,
82014, shall remain valid only for the remaining period of that


SEC. 9.  

Section 116840 of the Health and Safety Code is
11amended to read:



(a) The departmentbegin delete,end delete or any local health officerbegin delete with end delete
13begin deletethe concurrence of the department, shallend deletebegin insert is authorized toend insert enforce
14this article.

15(b) The department maybegin delete suspend, revoke, or deny a certificate end delete
16begin deleteupon its determinationend deletebegin insert remove a water treatment device from, or end insert
17begin insertdetermine not to include a water treatment device on, the list of end insert
18begin insertwater treatment devices on the department’s Internet Web site end insert
19begin insertupon its determinationend insert ofbegin delete eitherend deletebegin insert anyend insert of the following:

20(1) That the water treatment devicebegin delete does not perform in end delete
21begin deleteaccordance with the claims made under the standardend deletebegin insert was not tested end insert
22begin insertby the independent testing organization that the manufacturer end insert
23begin insertnamed in its submission to the department pursuant to Section end insert
24begin insert116832end insert.

25(2) That the manufacturer, or any employee or agent thereof,
26has violated this articlebegin delete, any regulation adopted pursuant to this end delete
27begin deletearticle,end delete or Chapter 1 (commencing with Section 17500) of Part 3
28of Division 7 of the Business and Professions Code.

begin insert

29(3) That any of the information submitted pursuant to Section
30116832 is not true.

end insert
begin insert

31(4) That a certificate issued by the department prior to
32December 31, 2013, has expired.

end insert

33(c) Any person, corporation, firm, partnership, joint stock
34company, or any other association or organization that violates
35any provision of this article shall be liable for a civil penalty not
36to exceed five thousand dollars ($5,000) for each violation. Where
37the conduct constituting a violation is of a continuing nature, each
38day of the conduct is a separate and distinct violation. The civil
39penalty shall be assessed and recovered in a civil action brought
40in the name of the people of the State of California by the Attorney
P9    1General, or by any district attorney, county counsel, or city attorney
2in any court of competent jurisdiction.

3(d) If the action is brought by the Attorney General, one-half
4of the penalty collected shall be paid to the treasurer of the county
5in which the judgment was entered, and one-half to the State
6Treasurer. If brought by a district attorney or county counsel, the
7entire amount of penalties collected shall be paid to the treasurer
8of the county in which the judgment was entered. If brought by a
9city attorney or city prosecutor, one-half of the penalty shall be
10paid to the treasurer of the county and one-half to the city.

11(e) Unless otherwise provided, the remedies or penalties
12provided by this article are cumulative to each other and to
13remedies or penalties available under all other laws of this state.


SEC. 10.  

Section 116845 of the Health and Safety Code is

begin delete


The department shall publish a list of water treatment
17devices certified under this article, including the specific standard
18under which the device is certified.

end delete

SEC. 11.  

Section 116845 is added to the Health and Safety
, to read:



The department shall publish on its Internet Web site
22both of the following:

23(a) (1) A list of water treatment devices for which a valid
24certification was issued by the department on or before December
2531, 2013.

26(2) A list of water treatment devices for which a manufacturer
27has submitted information pursuant to Section 116832, except for
28those water treatment devices that the department has determined
29to remove from, or not include on, the list pursuant to Section

31(b) Consumer information, in English and Spanish, regarding
32the appropriate use of water treatment devices.


SEC. 12.  

Section 116850 of the Health and Safety Code is

begin delete


The department shall charge and collect a fee for each
36certificate applied for which shall be an amount reasonably
37necessary to produce sufficient revenue to effectively implement
38this article.

end delete

SEC. 13.  

Section 116850 is added to the Health and Safety
, to read:

P10   1


(a) The department shall charge and collect an annual
2fee of up to four thousand dollars ($4,000) per manufacturer that
3submits information as required by Section 116832. The fee shall
4not exceed the amount necessary to recoup the reasonable
5regulatory costs incurred by the department in publishing and
6maintaining the information on its Internet Web site as provided
7in Section 116845 and in conducting enforcement actions,
8including, but not limited to, referring matters for enforcement to
9other agencies pursuant to Section 116840.

10(b) Notwithstanding any other law, the department may establish
11and periodically adjust the fee authorized by subdivision (a) by
12publishing the fee on its Internet Web site, and this action by the
13department shall not be subject to the rulemaking provisions of
14the Administrative Procedure Act (Chapter 3.5 (commencing with
15Section 11340) of Part 1 of Division 3 of Title 2 of the Government


SEC. 14.  

Section 116855 of the Health and Safety Code is

begin delete


In developing regulations pursuant to this article, the
20department shall seek the consultation of representatives from the
21industry regulated under the article, from drinking water purveyors,
22and from persons with expertise and experience in promoting
23public health.

end delete

SEC. 15.  

Section 116860 of the Health and Safety Code is
25amended to read:



There is in the State Treasury the Water Device
27Certification Special Account. Fees collected pursuant to Section
28116850 shall be deposited in the account created by this section.
29begin insert The money in the account is available for expenditure by the end insert
30begin insertdepartment, upon appropriation by the Legislature, solely for the end insert
31begin insertpurposes specified in this article.end insert