BILL NUMBER: AB 119 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 19, 2013
AMENDED IN ASSEMBLY APRIL 16, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
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
Section 116830 and 116855 of,
and to repeal and add Sections 116835, 116845, and 116850
116850, and 116855 of, the Health and Safety
Code, relating to water treatment devices.
LEGISLATIVE COUNSEL'S DIGEST
AB 119, as amended, 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 revise the
criteria and procedure for certification of water treatment devices
for which a health or safety claim, as defined, is made
and would require each manufacturer that offers for sale in
California a one of those water
treatment device for which it makes a health or safety
claim, as defined, devices 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. The bill would require, before July 1, 2015, the
exterior packaging of certain water treatment devices to clearly
identify the contaminant or contaminants that the device has been
certified to remove or reduce, as specified. The bill would also
require the manufacturer of certain water treatment devices, before
July 1, 2015, to include a specified decal with each water treatment
device sold in California.
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:
SECTION 1. Section 17577.2 of the Business and Professions Code is
amended to read:
17577.2. It is unlawful for any person to do any of the following
in connection with the sale, lease, rental, offer to sell, lease,
rent, or other disposition of water treatment devices:
(a) Make any untrue or misleading oral or written statements
regarding the presence of one or more contaminants in water, or the
performance of water treatment devices, including, but not limited
to, the following oral or written statements:
(1) (A) Any contaminant exists in the water of any person to whom
the statement is directed unless the statement is true, is reasonably
based on factual data, and at least a written summary of the factual
data, that has been prepared or approved by the source of the
factual data, is disclosed to the person to whom the statement is
directed before that person executes any contract for the purchase,
lease, or rental of a water treatment device.
(B) Any contaminant may exist in the water of any person to whom
the statement is directed unless the statement is true and is
reasonably based on factual data.
(2) A relationship between water quality and acute or chronic
illness exists as a scientific certainty unless that statement is
true.
(3) The public water system, utility, or treatment plant that
supplies water to the person to whom the statement is directed does
not test, treat, or remove particular substances from water treated
by it unless the statement is true.
(4) A water treatment device removes particular contaminants or
other substances from water unless the statement is true, is
reasonably based on factual data in existence at the time the
statement is made, and the requirements of subparagraphs (A) through
(C) are satisfied.
(A) If the particular contaminants or other substances mentioned
in the statement described in paragraph (4) are not necessarily in
the water of the person to whom the statement is made, the following
disclosure or its equivalent must be clearly and conspicuously made:
"The contaminants or other substances removed or reduced by this
water treatment device are not necessarily in your water."
(B) If the statement described in paragraph (4) is oral, the
disclosure described in subparagraph (A) shall be made orally and
shall immediately follow the statement. If the statement is in
writing, the disclosure shall be in writing and shall be placed
immediately next to the written statement.
(C) Notwithstanding subparagraph (A), no statement about the
ability of a water treatment device to remove particular contaminants
or other substances shall be used to imply falsely that any of those
contaminants or other substances are present in the water of the
person to whom the statement is made.
(5) Use news events, reports, or descriptions of water quality
problems or health hazards associated with water systems or suppliers
different from the systems or suppliers of the intended consumer
unless, at the same time, the seller sets forth conspicuously and
prominently a statement, if true, that the seller has no information
that the intended consumer's water supply has the water quality
problems or health hazards referred to in the news events, reports,
or descriptions.
(6) A water treatment device would provide a health benefit or
diminish a health risk unless it would do so.
(7) A water treatment device will solve or contribute to the
solution of any problem unless the statement is true.
(b) Perform precipitation tests of the individual consumer's
drinking water without also clearly informing the consumer of the
results, scope, and limits of the test. Precipitation tests may only
be used to demonstrate the hardness or other nonhealth-related
characteristics of the water being tested.
(c) Notwithstanding subdivision (a), make product performance
claims or product benefit claims that the device affects the health
or the safety of drinking water, unless the device complies with
Article 3 (commencing with Section 116825) of Chapter 5 of Part 12 of
Division 104 of the Health and Safety Code. This subdivision does
not apply to the making of truthful and nonmisleading claims
regarding the removal or reduction of contaminants not associated
with a health or safety claim pursuant to Article 3 (commencing with
Section 116825) of Chapter 5 of Part 12 of Division 104 of the Health
and Safety Code.
(d) Use pictures, exhibits, graphs, charts, other graphic
portrayals, endorsements, or testimonials in any untrue or misleading
manner.
(e) Fail to disclose clearly and conspicuously, in writing, to the
purchaser, lessee, or renter, prior to the time of purchase, lease,
or rent, the importance of maintaining the water treatment device
according to the manufacturer's instructions, including, if
applicable, replacement of screens and filters. In addition, a
separate printed gummed label, tag, or other convenient form of
reminder of the importance of proper maintenance shall be provided to
the purchaser, lessee, or renter.
SEC. 2. Section 116825 of the Health and Safety Code is amended to
read:
116825. Unless the context otherwise requires, the following
definitions shall govern construction of this article:
(a) "Water treatment device" means any point of use or point of
entry instrument or contrivance sold or offered for rental or lease
for residential use, and designed to be added to the plumbing system,
or used without being connected to the plumbing of a water supply
intended for human consumption in order to improve the water supply
by any means, including, but not limited to, filtration,
distillation, adsorption, ion exchange, reverse osmosis, or other
treatment. "Water treatment device" does not include any device that
is regulated pursuant to Article 12 (commencing with Section 111070)
of Chapter 5 of Part 5.
(b) "Department" means the State Department of Public Health.
(c) "Person" means any individual, firm, corporation, or
association, or any employee or agent thereof.
(d) "Contaminants" means any health-related physical, chemical,
biological, or radiological substance or matter in water.
(e) "Health or safety claim" means any claim that the water
treatment device will remove or reduce a contaminant for which either
of the following applies:
(1) A primary drinking water standard as defined in Section
116275, or a treatment requirement as authorized in subdivision (j)
of Section 116365 and subdivision (d) of Section 116375, has been
established.
(2) A national primary drinking water standard or treatment
requirement has been established under the federal Safe Drinking
Water Act (42 U.S.C. Sec. 300g-1).
(f) "Manufacturer" means any of the following:
(1) A person that makes, converts, constructs, or produces water
treatment devices for the purposes of sale, lease, or rental to
individuals, corporations, associations, or other entities.
(2) A person that assembles water treatment devices or treatment
components from components manufactured by another entity.
(3) A person that adds its own product name or product
identification to water treatment devices or treatment components
that have been manufactured or assembled by another entity.
SEC. 3. Section 116830 of the Health and Safety Code is repealed.
SEC. 4. Section 116831 is added to the Health and Safety Code, to
read:
116831. All regulations adopted pursuant to this article prior to
January 1, 2014, are repealed.
SEC. 5. Section 116832 is added to the Health and Safety Code, to
read:
116832. Commencing January 1, 2014, each manufacturer that offers
for sale in California a water treatment device for which it makes a
health or safety claim shall, for each water treatment device,
submit to the department the following information, together with the
fee prescribed in Section 116850, by March 1 of each calendar year,
for purposes of the department's publishing the information on its
Internet Web site:
(a) The name, address, telephone number, and Internet Web site
address, if any, of the manufacturer.
(b) The name, address, and telephone number of a contact person
for the manufacturer.
(c) The name and model number of the water treatment device, and
any other product identification used by the manufacturer to describe
the water treatment device or treatment component.
(d) Each specific contaminant claimed to be removed or reduced by
the device.
(e) For each specific contaminant identified in subdivision (d),
the name of the organization that certified the device to verify its
removal or reduction performance for that contaminant, the name of
the testing protocol or standard used to test the device, a statement
from the testing laboratory giving the date of the test, a summary
of the results, and the date, if any, by which the device must be
retested for verification of the removal or reduction performance to
remain effective.
SEC. 6. Section 116835 of the Health and Safety Code is repealed.
SEC. 7. Section 116835 is added to the Health and Safety Code, to
read:
116835. (a) A water treatment device for
which a health or safety claim is made shall not be sold or otherwise
distributed unless the device meets either of the following
criteria:
(a)
(1) The device has a valid certificate issued on or
before December 31, 2013.
(b)
(2) The device has meets all of
the following requirements:
(A) The device has been certified
by an independent certification organization that has been
accredited by the American National Standards Institute, and
Institute.
(B) The device has been tested and the
test results verify the health or safety claim, and
the claim.
(C) The device is included on the
list of water treatment devices published on the department's
Internet Web site.
(b) Before July 1, 2015, the exterior packaging of a water
treatment device for which a health or safety claim is made, and that
is offered for sale in a retail establishment in California, shall
clearly identify the contaminant or contaminants that the device has
been certified pursuant to subdivision (a) to remove or reduce. If a
device has been certified to remove or reduce more than five
contaminants, at least five contaminants shall be listed on the
exterior packaging followed by a statement directing consumers to
visit the manufacturer's Internet Web site to obtain information
regarding additional contaminants that the device is certified to
remove or reduce.
(c) Before July 1, 2015, the manufacturer of a water treatment
device for which it makes a health or safety claim shall include with
each water treatment device sold in California a decal that may be
affixed to the device by the consumer that states, at a minimum, the
following:
"Please refer to the owner's manual for proper maintenance and
operation. If this device is not maintained and operated as specified
in the owner's manual, there is a risk of exposure to contaminants.
For more information, visit the manufacturer's Internet Web site at
________________________________Manufacturer's Internet Web Site or
the California Department of Public Health's Internet Web site at
www.cdph.ca.gov."
SEC. 8. Section 116836 is added to the Health and Safety Code, to
read:
116836. (a) Notwithstanding any other law, a certificate issued
by the department shall not be valid unless the application for
certification was filed on or before November 1, 2013.
(b) A currently valid certificate issued by the department on or
before December 31, 2013, pursuant to this article, shall remain
in effect valid for five years
following the date of initial issuance, except that any certification
that was renewed on or before January 1, 2014, shall remain valid
only for the remaining period of that certification.
SEC. 9. Section 116840 of the Health and Safety Code is amended to
read:
116840. (a) The department, or any local health officer with the
concurrence of the department, shall enforce this article.
(b) The department may remove a water treatment device from, or
determine not to include a water treatment device on, the list of
water treatment devices on the department's Internet Web site upon
its determination of any of the following:
(1) That the water treatment device was not certified by the
independent certification organization that the manufacturer named in
its submission to the department pursuant to Section 116832.
(2) That the manufacturer, or any employee or agent thereof, has
violated this article or Chapter 1 (commencing with Section 17500) of
Part 3 of Division 7 of the Business and Professions Code.
(3) That any of the information submitted pursuant to Section
116832 is not true.
(4) That a certificate issued by the department prior to December
31, 2013, has expired.
(c) Any person, corporation, firm, partnership, joint stock
company, or any other association or organization that violates any
provision of this article shall be liable for a civil penalty not to
exceed five thousand dollars ($5,000) for each violation. Where the
conduct constituting a violation is of a continuing nature, each day
of the conduct is a separate and distinct violation. The civil
penalty shall be assessed and recovered in a civil action brought in
the name of the people of the State of California by the Attorney
General, or by any district attorney, county counsel, or city
attorney in any court of competent jurisdiction.
(d) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the State Treasurer.
If brought by a district attorney or county counsel, the entire
amount of penalties collected shall be paid to the treasurer of the
county in which the judgment was entered. If brought by a city
attorney or city prosecutor, one-half of the penalty shall be paid to
the treasurer of the county and one-half to the city.
(e) Unless otherwise provided, the remedies or penalties provided
by this article are cumulative to each other and to remedies or
penalties available under all other laws of this state.
SEC. 10. Section 116845 of the Health and Safety Code is repealed.
SEC. 11. Section 116845 is added to the Health and Safety Code, to
read:
116845. The department shall publish on its Internet Web site the
following:
(a) (1) A list of water treatment devices for which a valid
certification was issued by the department on or before December 31,
2013.
(2) A list of water treatment devices for which a manufacturer has
submitted information pursuant to Section 116832, except for those
water treatment devices that the department has determined to remove
from, or not include on, the list pursuant to Section 116840.
(3) A product worksheet for each water treatment device.
(b) Consumer information, in English and Spanish, regarding the
appropriate use of water treatment devices.
SEC. 12. Section 116850 of the Health and Safety Code is repealed.
SEC. 13. Section 116850 is added to the Health and Safety Code, to
read:
116850. (a) The department shall charge and collect an annual fee
of up to four thousand dollars ($4,000) per manufacturer that
submits information as required by Section 116832. The fee shall not
exceed the amount necessary to recoup the reasonable regulatory costs
incurred by the department in publishing and maintaining the
information on its Internet Web site as provided in Section 116845
and in conducting enforcement actions, including, but not limited to,
referring matters for enforcement to other agencies pursuant to
Section 116840.
(b) Notwithstanding any other law, the The
department may establish and periodically adjust
the fee authorized by subdivision (a) by publishing the fee on its
Internet Web site, and this action by the department shall not be
subject to the rulemaking provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code).
SEC. 14. Section 116855 of the Health and Safety Code is repealed.
SEC. 15. Section 116855 is added to the
Health and Safety Code , to read:
116855. This article shall not apply to residential
self-regenerating water softeners, as defined in Section 13148 of the
Water Code.
SEC. 15. SEC. 16. Section 116860 of
the Health and Safety Code is amended to read:
116860. There is in the State Treasury the Water Device
Certification Special Account. Fees collected pursuant to Section
116850 shall be deposited in the account created by this section. The
money in the account is available for expenditure by the department,
upon appropriation by the Legislature, solely for the purposes
specified in this article.