Amended in Senate August 12, 2013

Amended in Senate July 2, 2013

Amended in Senate June 19, 2013

Amended in Assembly April 16, 2013

Amended in Assembly April 1, 2013

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)

(Coauthor: Senator Anderson)

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 Section 116830 of, and to repeal and add Sections 116835, 116845, 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 claimbegin delete thatend deletebegin insert in connection with the sale or distribution ofend insert a water treatment device, as defined,begin insert that the deviceend insert affects the health or safety of drinking water,begin delete in connection with the sale or distribution of the device,end delete 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 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 one of those water treatment 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, after July 1, 2015, the exterior packaging of certain water treatment devices to clearly identify the contaminantbegin delete or contaminantsend delete that the device has been certified to remove or reduce, as specified. The bill would also require the manufacturer of certain water treatment devices, after July 1, 2015, to include a specified decal with each water treatment devicebegin delete soldend deletebegin insert offered for saleend insert 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:

P2    1

SECTION 1.  

Section 17577.2 of the Business and Professions
2Code
is amended to read:

3

17577.2.  

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
P3    1is directed before that person executes any contract for the
2purchase, lease, or rental of a water treatment device.

3(B) Any contaminant may exist in the water of any person to
4whom the statement is directed unless the statement is true and is
5reasonably based on factual data.

6(2) A relationship between water quality and acute or chronic
7illness exists as a scientific certainty unless that statement is true.

8(3) The public water system, utility, or treatment plant that
9supplies water to the person to whom the statement is directed
10does not test, treat, or remove particular substances from water
11treated by it unless the statement is true.

12(4) A water treatment device removes particular contaminants
13or other substances from water unless the statement is true, is
14reasonably based on factual data in existence at the time the
15statement is made, and the requirements of subparagraphs (A)
16through (C) are satisfied.

17(A) If the particular contaminants or other substances mentioned
18in the statement described in paragraph (4) are not necessarily in
19the water of the person to whom the statement is made, the
20following disclosure or its equivalent must be clearly and
21conspicuously made: “The contaminants or other substances
22removed or reduced by this water treatment device are not
23necessarily in your water.”

24(B) If the statement described in paragraph (4) is oral, the
25disclosure described in subparagraph (A) shall be made orally and
26shall immediately follow the statement. If the statement is in
27writing, the disclosure shall be in writing and shall be placed
28 immediately next to the written statement.

29(C) Notwithstanding subparagraph (A), no statement about the
30ability of a water treatment device to remove particular
31contaminants or other substances shall be used to imply falsely
32that any of those contaminants or other substances are present in
33the water of the person to whom the statement is made.

34(5) Use news events, reports, or descriptions of water quality
35problems or health hazards associated with water systems or
36suppliers different from the systems or suppliers of the intended
37consumer unless, at the same time, the seller sets forth
38conspicuously and prominently a statement, if true, that the seller
39has no information that the intended consumer’s water supply has
P4    1the water quality problems or health hazards referred to in the news
2events, reports, or descriptions.

3(6) A water treatment device would provide a health benefit or
4diminish a health risk unless it would do so.

5(7) A water treatment device will solve or contribute to the
6solution of any problem unless the statement is true.

7(b) Perform precipitation tests of the individual consumer’s
8drinking water without also clearly informing the consumer of the
9results, scope, and limits of the test. Precipitation tests may only
10be used to demonstrate the hardness or other nonhealth-related
11characteristics of the water being tested.

12(c) Notwithstanding subdivision (a), make product performance
13claims or product benefit claims that the device affects the health
14or the safety of drinking water, unless the device has been approved
15by the State Department of Public Health pursuant to Article 3
16(commencing with Section 116825) of Chapter 5 of Part 12 of
17Division 104 of the Health and Safety Code to make that claim.
18This subdivision does not apply to the making of truthful and
19nonmisleading claims regarding the removal or reduction of
20contaminants for which approval is not associated with a health
21or safety claim pursuant to Article 3 (commencing with Section
22116825) of Chapter 5 of Part 12 of Division 104 of the Health and
23Safety Code.

24(d) Use pictures, exhibits, graphs, charts, other graphic
25portrayals, endorsements, or testimonials in any untrue or
26misleading manner.

27(e) Fail to disclose clearly and conspicuously, in writing, to the
28purchaser, lessee, or renter, prior to the time of purchase, lease, or
29rent, the importance of maintaining the water treatment device
30according to the manufacturer’s instructions, including, if
31applicable, replacement of screens and filters. In addition, a
32separate printed gummed label, tag, or other convenient form of
33reminder of the importance of proper maintenance shall be provided
34to the purchaser, lessee, or renter.

35

SEC. 2.  

Section 116825 of the Health and Safety Code is
36amended to read:

37

116825.  

Unless the context otherwise requires, the following
38definitions shall govern construction of this article:

39(a) “Water treatment device” means any point of use or point
40of entry instrument or contrivance sold or offered for rental or
P5    1lease for residential use, and designed to be added to the plumbing
2system, or used without being connected to the plumbing of a water
3supply intended for human consumption in order to improve the
4water supply by any means, including, but not limited to, filtration,
5distillation, adsorption, ion exchange, reverse osmosis, or other
6treatment. “Water treatment device” does not include any device
7that is regulated pursuant to Article 12 (commencing with Section
8111070) of Chapter 5 of Part 5.

9(b) “Department” means the State Department of Public Health.

10(c) “Person” means any individual, firm, corporation, or
11association, or any employee or agent thereof.

12(d) “Contaminants” means any health-related physical, chemical,
13biological, or radiological substance or matter in water.

14(e) “Health or safety claim” means any claim that the water
15treatment device will remove or reduce a contaminant for which
16either of the following applies:

17(1) A primary drinking water standard as defined in Section
18116275, or a treatment requirement as authorized in subdivision
19(j) of Section 116365 and subdivision (d) of Section 116375, has
20been established.

21(2) A national primary drinking water standard or treatment
22requirement has been established under the federal Safe Drinking
23Water Act (42 U.S.C. Sec. 300g-1).

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

25(1) A person that makes, converts, constructs, or produces water
26treatment devices for the purposes of sale, lease, or rental to
27individuals, corporations, associations, or other entities.

28(2) A person that assembles water treatment devices or treatment
29components from components manufactured by another entity.

30(3) A person that adds its own product name or product
31identification to water treatment devices or treatment components
32that have been manufactured or assembled by another entity.

33

SEC. 3.  

Section 116830 of the Health and Safety Code is
34repealed.

35

SEC. 4.  

Section 116831 is added to the Health and Safety Code,
36to read:

37

116831.  

All regulations adopted pursuant to this article prior
38to January 1, 2014, are repealed.

39

SEC. 5.  

Section 116832 is added to the Health and Safety Code,
40to read:

P6    1

116832.  

Commencing January 1, 2014, each manufacturer that
2offers for sale in California a water treatment device for which it
3makes a health or safety claim shall, for each water treatment
4device, submit to the department the following information,
5together with the fee prescribed in Section 116850, bybegin delete Septemberend delete
6begin insert Marchend insert 1 of each calendar year, for purposes of the department’s
7publishing the information on its Internet Web site:

8(a) The name, address, telephone number, and Internet Web site
9address, if any, of the manufacturer.

10(b) The name, address, and telephone number of a contact person
11for the manufacturer.

12(c) The name and model number of the water treatment device,
13and any other productbegin delete identificationend deletebegin insert identification, including, but
14not limited to, the product worksheet,end insert
used by the manufacturer to
15describe the water treatment device or treatment component.

16(d) Each specific contaminant claimed to be removed or reduced
17by the device.

18(e) For each specific contaminant identified in subdivision (d),
19the name of the organization that certified the device to verify its
20removal or reduction performance for that contaminant, the name
21of the testing protocol or standard used to test the device, a
22statement from the testing laboratory giving the date of the test, a
23summary of the results, and the date, if any, by which the device
24must be retested for verification of the removal or reduction
25performance to remain effective.

26

SEC. 6.  

Section 116835 of the Health and Safety Code is
27repealed.

28

SEC. 7.  

Section 116835 is added to the Health and Safety Code,
29to read:

30

116835.  

(a) A water treatment device for which a health or
31safety claim is made shall not be sold or otherwise distributed
32unless the device meets either of the following criteria:

33(1) The device has a valid certificate issued on or before
34December 31, 2013.

35(2) The device meets all of the following requirements:

36(A) The device has been certified by an independent certification
37organization that has been accredited by the American National
38Standards Institute.

39(B) The device has been tested and the test results verify the
40health or safety claim.

P7    1(C) The device is included on the list of water treatment devices
2published on the department’s Internet Web site.

begin delete

3

end delete

4(b) After July 1, 2015, the exterior packaging of a water
5treatment device for which a health or safety claim is made, and
6that is offered for sale in a retail establishment in California, shall
7clearly identify the contaminant or contaminants that the device
8has been certified pursuant to subdivision (a) to remove or reduce.
9If a device has been certified to remove or reduce more than five
10contaminants, at least five contaminants shall be listed on the
11exterior packaging followed by a statement directing consumers
12to visit the manufacturer’s Internet Web site to obtain information
13regarding additional contaminants that the device is certified to
14remove or reduce.

15(c) After July 1, 2015, the manufacturer of a water treatment
16device for which it makes a health or safety claim shall include
17with each water treatment devicebegin delete soldend deletebegin insert offered for saleend insert in California
18a decal that may be affixed to the device by the consumer that
19states, at a minimum, the following:
20
21“Please refer to the owner’s manual for proper maintenance and
22operation. If this device is not maintained and operated as specified
23in the owner’s manual, there is a risk of exposure to contaminants.
24For more information, visit the manufacturer’s Internet Web site
25at
26Manufacturer’s Internet Web Site
or the California Department of
27Public Health’s Internet Web site at www.cdph.ca.gov.”

28

29

SEC. 8.  

Section 116836 is added to the Health and Safety Code,
30to read:

31

116836.  

(a) Notwithstanding any other law, a certificate issued
32by the department shall not be valid unless the application for
33certification was filed on or before November 1, 2013.

34(b) A currently valid certificate issued by the department on or
35before December 31, 2013, pursuant to this article, shall remain
36valid for five years following the date of initial issuance, except
37that any certification that was renewed on or before January 1,
382014, shall remain valid only for the remaining period of that
39certification.

P8    1

SEC. 9.  

Section 116840 of the Health and Safety Code is
2amended to read:

3

116840.  

(a) The department, or any local health officer with
4the concurrence of the department, shall enforce this article.

5(b) The department may remove a water treatment device from,
6or determine not to include a water treatment device on, the list of
7water treatment devices on the department’s Internet Web site
8upon its determination of any of the following:

9(1) That the manufacturer, or any employee or agent thereof,
10has violated this article or Chapter 1 (commencing with Section
1117500) of Part 3 of Division 7 of the Business and Professions
12Code.

13(2) That any of the information submitted pursuant to Section
14116832 is not true.

15(3) That a certificate issued by the department prior to December
1631, 2013, has expired.

17(c) Any person, corporation, firm, partnership, joint stock
18company, or any other association or organization that violates
19any provision of this article shall be liable for a civil penalty not
20to exceed five thousand dollars ($5,000) for each violation. Where
21the conduct constituting a violation is of a continuing nature, each
22day of the conduct is a separate and distinct violation. The civil
23penalty shall be assessed and recovered in a civil action brought
24in the name of the people of the State of California by the Attorney
25General, or by any district attorney, county counsel, or city attorney
26in any court of competent jurisdiction.

27(d) If the action is brought by the Attorney General, one-half
28of the penalty collected shall be paid to the treasurer of the county
29in which the judgment was entered, and one-half to the State
30Treasurer. If brought by a district attorney or county counsel, the
31entire amount of penalties collected shall be paid to the treasurer
32of the county in which the judgment was entered. If brought by a
33city attorney or city prosecutor, one-half of the penalty shall be
34paid to the treasurer of the county and one-half to the city.

35(e) Unless otherwise provided, the remedies or penalties
36provided by this article are cumulative to each other and to
37remedies or penalties available under all other laws of this state.

38

SEC. 10.  

Section 116845 of the Health and Safety Code is
39repealed.

P9    1

SEC. 11.  

Section 116845 is added to the Health and Safety
2Code
, to read:

3

116845.  

The department shall publishbegin insert semiannuallyend insert on its
4Internet Web site the following:

5(a) (1) A list of water treatment devices for which a valid
6certification was issued by the department on or before December
731, 2013.

8(2) A list of water treatment devices for which a manufacturer
9has submitted information pursuant to Section 116832, except for
10those water treatment devices that the department has determined
11to remove from, or not include on, the list pursuant to Section
12116840.

13(3) A product worksheet for each water treatmentbegin delete deviceend deletebegin insert device,
14which shall, at a minimum, include the information specified in
15subdivisions (a) to (e), inclusive, of Section 116832end insert
.

16(b) Consumer information, in English and Spanish, regarding
17the appropriate use of water treatment devices.

18

SEC. 12.  

Section 116850 of the Health and Safety Code is
19repealed.

20

SEC. 13.  

Section 116850 is added to the Health and Safety
21Code
, to read:

22

116850.  

(a) The department shall charge and collect an annual
23fee of up to four thousand dollars ($4,000) per manufacturer that
24submits information as required by Section 116832. The fee shall
25not exceed the amount necessary to recoup the reasonable
26regulatory costs incurred by the department in publishing and
27maintaining the information on its Internet Web site as provided
28in Section 116845 and in conducting enforcement actions,
29including, but not limited to, referring matters for enforcement to
30other agencies pursuant to Section 116840.

31(b) The department may establish and periodically adjust the
32fee authorized by subdivision (a) by publishing the fee on its
33Internet Web site, and this action by the department shall not be
34subject to the rulemaking provisions of the Administrative
35Procedure Act (Chapter 3.5 (commencing with Section 11340) of
36Part 1 of Division 3 of Title 2 of the Government Code).

37

SEC. 14.  

Section 116855 of the Health and Safety Code is
38repealed.

39

SEC. 15.  

Section 116855 is added to the Health and Safety
40Code
, to read:

P10   1

116855.  

This article shall not apply to residential
2self-regenerating water softeners, as defined in Section 13148 of
3the Water Code.

4

SEC. 16.  

Section 116860 of the Health and Safety Code is
5amended to read:

6

116860.  

There is in the State Treasury the Water Device
7Certification Special Account. Fees collected pursuant to Section
8116850 shall be deposited in the account created by this section.
9The money in the account is available for expenditure by the
10department, upon appropriation by the Legislature, solely for the
11purposes specified in this article.



O

    94