Amended in Senate August 28, 2013

Amended in Senate August 14, 2013

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 claim in connection with the sale or distribution of a water treatment device, as defined, that the device affects the health or safety of drinking water, 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, the specific contaminant claimed to be removed or reduced by the device, and a product information worksheet, as described, to the department for purposes of inclusion on the department’s Internet Web site. The bill would require the department to publish that information on its Internet Web site by April 1, if it received the information between September 2 and March 1, and by October 1, if it received the information between March 2 and September 1. The 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 contaminant 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 device offered for sale 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
P3    1the performance of water treatment devices, including, but not
2limited to, the following oral or written statements:

3(1) (A) Any contaminant exists in the water of any person to
4whom the statement is directed unless the statement is true, is
5reasonably based on factual data, and at least a written summary
6of the factual data, that has been prepared or approved by the source
7of the factual data, is disclosed to the person to whom the statement
8is directed before that person executes any contract for the
9purchase, lease, or rental of a water treatment device.

10(B) Any contaminant may exist in the water of any person to
11whom the statement is directed unless the statement is true and is
12reasonably based on factual data.

13(2) A relationship between water quality and acute or chronic
14illness exists as a scientific certainty unless that statement is true.

15(3) The public water system, utility, or treatment plant that
16supplies water to the person to whom the statement is directed
17does not test, treat, or remove particular substances from water
18treated by it unless the statement is true.

19(4) A water treatment device removes particular contaminants
20or other substances from water unless the statement is true, is
21reasonably based on factual data in existence at the time the
22statement is made, and the requirements of subparagraphs (A)
23through (C) are satisfied.

24(A) If the particular contaminants or other substances mentioned
25in the statement described in paragraph (4) are not necessarily in
26the water of the person to whom the statement is made, the
27following disclosure or its equivalent must be clearly and
28conspicuously made: “The contaminants or other substances
29removed or reduced by this water treatment device are not
30necessarily in your water.”

31(B) If the statement described in paragraph (4) is oral, the
32disclosure described in subparagraph (A) shall be made orally and
33shall immediately follow the statement. If the statement is in
34writing, the disclosure shall be in writing and shall be placed
35 immediately next to the written statement.

36(C) Notwithstanding subparagraph (A), no statement about the
37ability of a water treatment device to remove particular
38contaminants or other substances shall be used to imply falsely
39that any of those contaminants or other substances are present in
40the water of the person to whom the statement is made.

P4    1(5) Use news events, reports, or descriptions of water quality
2problems or health hazards associated with water systems or
3suppliers different from the systems or suppliers of the intended
4consumer unless, at the same time, the seller sets forth
5conspicuously and prominently a statement, if true, that the seller
6has no information that the intended consumer’s water supply has
7the water quality problems or health hazards referred to in the news
8events, reports, or descriptions.

9(6) A water treatment device would provide a health benefit or
10diminish a health risk unless it would do so.

11(7) A water treatment device will solve or contribute to the
12solution of any problem unless the statement is true.

13(b) Perform precipitation tests of the individual consumer’s
14drinking water without also clearly informing the consumer of the
15results, scope, and limits of the test. Precipitation tests may only
16be used to demonstrate the hardness or other nonhealth-related
17characteristics of the water being tested.

18(c) Notwithstanding subdivision (a), make product performance
19claims or product benefit claims that the device affects the health
20or the safety of drinking water, unless the device complies with
21Article 3 (commencing with Section 116825) of Chapter 5 of Part
2212 of Division 104 of the Health and Safety Code. This subdivision
23does not apply to the making of truthful and nonmisleading claims
24regarding the removal or reduction of contaminants not associated
25with a health or safety claim pursuant to Article 3 (commencing
26with Section 116825) of Chapter 5 of Part 12 of Division 104 of
27the Health and Safety Code.

28(d) Use pictures, exhibits, graphs, charts, other graphic
29portrayals, endorsements, or testimonials in any untrue or
30misleading manner.

31(e) Fail to disclose clearly and conspicuously, in writing, to the
32purchaser, lessee, or renter, prior to the time of purchase, lease, or
33rent, the importance of maintaining the water treatment device
34according to the manufacturer’s instructions, including, if
35applicable, replacement of screens and filters. In addition, a
36separate printed gummed label, tag, or other convenient form of
37reminder of the importance of proper maintenance shall be provided
38to the purchaser, lessee, or renter.

39

SEC. 2.  

Section 116825 of the Health and Safety Code is
40amended to read:

P5    1

116825.  

Unless the context otherwise requires, the following
2definitions shall govern construction of this article:

3(a) “Water treatment device” means any point of use or point
4of entry instrument or contrivance sold or offered for rental or
5lease for residential use, and designed to be added to the plumbing
6system, or used without being connected to the plumbing of a water
7supply intended for human consumption in order to improve the
8water supply by any means, including, but not limited to, filtration,
9distillation, adsorption, ion exchange, reverse osmosis, or other
10treatment. “Water treatment device” does not include any device
11that is regulated pursuant to Article 12 (commencing with Section
12111070) of Chapter 5 of Part 5.

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

14(c) “Person” means any individual, firm, corporation, or
15association, or any employee or agent thereof.

16(d) “Contaminants” means any health-related physical, chemical,
17biological, or radiological substance or matter in water.

18(e) “Health or safety claim” means any claim that the water
19treatment device will remove or reduce a contaminant for which
20either of the following applies:

21(1) A primary drinking water standard as defined in Section
22116275, or a treatment requirement as authorized in subdivision
23(j) of Section 116365 and subdivision (d) of Section 116375, has
24been established.

25(2) A national primary drinking water standard or treatment
26requirement has been established under the federal Safe Drinking
27Water Act (42 U.S.C. Sec. 300g-1).

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

29(1) A person that makes, converts, constructs, or produces water
30treatment devices for the purposes of sale, lease, or rental to
31individuals, corporations, associations, or other entities.

32(2) A person that assembles water treatment devices or treatment
33components from components manufactured by another entity.

34(3) A person that adds its own product name or product
35identification to water treatment devices or treatment components
36that have been manufactured or assembled by another entity.

37

SEC. 3.  

Section 116830 of the Health and Safety Code is
38repealed.

39

SEC. 4.  

Section 116831 is added to the Health and Safety Code,
40to read:

P6    1

116831.  

All regulations adopted pursuant to this article prior
2to January 1, 2014, are repealed.

3

SEC. 5.  

Section 116832 is added to the Health and Safety Code,
4to read:

5

116832.  

(a) Commencing January 1, 2014, each manufacturer
6that offers for sale in California a water treatment device for which
7it makes a health or safety claim shall, for each water treatment
8device for which the manufacturer does not have a valid, unexpired
9certificate issued by the department prior to December 1, 2013,
10annually submit to the department the following information,
11together with the fee prescribed in Section 116850, for purposes
12of the department publishing the information on its Internet Web
13site:

14(1) The name, address, telephone number, and Internet Web
15site address, if any, of the manufacturer.

16(2) The name, address, and telephone number of a contact person
17for the manufacturer.

18(3) The name and model number of the water treatment device,
19and any other product identification, used by the manufacturer to
20describe the water treatment device or treatment component.

21(4) Each specific contaminant claimed to be removed or reduced
22by the device.

23(5) For each specific contaminant identified pursuant to
24paragraph (4), the name of the organizationbegin insert that meets the
25accreditation standards of the American Standards Institute andend insert

26 thatbegin insert has end insert certified the device to verify its removal or reduction
27performance for that contaminant, the name of the testing protocol
28or standard used to test the device, a statement from the testing
29laboratory giving the date of the test, a summary of the results,
30and the date, if any, by which the device must be retested for
31verification of the removal or reduction performance to remain
32effective.

33(6) A product information worksheet that includes the following
34information:

35(A) A summary of the information required to be submitted to
36the department pursuant to paragraphs (1) to (5), inclusive.

37(B) A copy of the certificate issued by the organization that
38certified the device, as described in paragraph (5).

39(C) The service flow rate in gallons per minute or gallons per
40day or the production rate in gallons per day.

P7    1(D) The rated service life of the water treatment device, if
2applicable.

3(E) The general use conditions and needs of the device,
4including, but not limited to, its maximum turbidity and the
5bacteriological quality of source water.

6(F) The model or part number of components that must be
7periodically or routinely replaced to maintain the effectiveness of
8the device.

9(G) The maximum and minimum operating temperature of the
10device in degrees Fahrenheit and degrees Centigrade.

11(H) The maximum and minimum operating pressure of the
12device in pounds per square inch and kilograms per square
13centimeter.

14(I) A reference to the device’s owners’ manual for general
15operation and maintenance requirements and the manufacturer’s
16warranty.

17(b) (1) Information submitted to the department pursuant to
18subdivision (a) that is accompanied by the fee required by Section
19116850 and postmarked, or sent electronically, after September 1,
20but on or before March 1, shall be published by the department
21pursuant to Section 116845 no later than April 1 next following
22the submission.

23(2) Information submitted to the department pursuant to
24subdivision (a) that is accompanied by the fee required by Section
25116850 and postmarked, or sent electronically, after March 1, but
26on or before September 1, shall be published by the department
27pursuant to Section 116845 no later than October 1 of that same
28year.

29

SEC. 6.  

Section 116835 of the Health and Safety Code is
30repealed.

31

SEC. 7.  

Section 116835 is added to the Health and Safety Code,
32to read:

33

116835.  

(a) A water treatment device for which a health or
34safety claim is made shall not be sold or otherwise distributed
35unless the device is included on the list of water treatment devices
36published on the department’s Internet Web site pursuant to Section
37116845begin insert and has been certified by an independent certified
38organization that has been accredited by the American National
39Standards Instituteend insert
.

P8    1(b) After July 1, 2015, the exterior packaging of a water
2treatment device for which a health or safety claim is made, and
3that is offered for sale in a retail establishment in California, shall
4clearly identify the contaminant or contaminants that the device
5has been certified pursuant to subdivision (a) to remove or reduce.
6If a device has been certified to remove or reduce more than five
7contaminants, at least five contaminants shall be listed on the
8exterior packaging followed by a statement directing consumers
9to visit the manufacturer’s Internet Web site to obtain information
10regarding additional contaminants that the device is certified to
11remove or reduce.

12(c) After July 1, 2015, the manufacturer of a water treatment
13device for which it makes a health or safety claim shall include
14with each water treatment device offered for sale in California a
15decal that may be affixed to the device by the consumer that states,
16at a minimum, the following:
17
18“Please refer to the owner’s manual for proper maintenance and
19operation. If this device is not maintained and operated as specified
20in the owner’s manual, there is a risk of exposure to contaminants.
21For more information, visit the manufacturer’s Internet Web site
22at
23Manufacturer’s Internet Web Site
or the California Department of
24Public Health’s Internet Web site at www.cdph.ca.gov.”

25

26

SEC. 8.  

Section 116836 is added to the Health and Safety Code,
27to read:

28

116836.  

(a) Notwithstanding any other law, a certificate issued
29by the department shall not be valid unless the application for
30certification was filed on or before November 1, 2013.

31(b) A currently valid certificate issued by the department on or
32before December 31, 2013, pursuant to this article, shall remain
33valid for five years following the date of initial issuance, provided
34that the manufacturer pays the annual fee established by Section
35116850.

36

SEC. 9.  

Section 116840 of the Health and Safety Code is
37amended to read:

38

116840.  

(a) The department, or any local health officer with
39the concurrence of the department, shall enforce this article.

P9    1(b) The department may remove a water treatment device from,
2or determine not to include a water treatment device on, the list of
3water treatment devices on the department’s Internet Web site
4upon its determination of any of the following:

5(1) That the manufacturer, or any employee or agent thereof,
6has violated this article or Chapter 1 (commencing with Section
717500) of Part 3 of Division 7 of the Business and Professions
8Code.

9(2) That any of the information submitted pursuant to Section
10116832 is not true.

11(3) That a certificate issued by the department prior to December
1231, 2013, has expired, unless the manufacturer otherwise complies
13with Section 116832.

14(4) That the manufacturer has not paid the annual fees required
15by Section 116850.

16(5) That the manufacturer has failed to submit all of the
17information required by subdivision (a) of Section 116832.

18(c) Any person, corporation, firm, partnership, joint stock
19company, or any other association or organization that violates
20any provision of this article shall be liable for a civil penalty not
21to exceed five thousand dollars ($5,000) for each violation. Where
22the conduct constituting a violation is of a continuing nature, each
23day of the conduct is a separate and distinct violation. The civil
24penalty shall be assessed and recovered in a civil action brought
25in the name of the people of the State of California by the Attorney
26General, or by any district attorney, county counsel, or city attorney
27in any court of competent jurisdiction.

28(d) If the action is brought by the Attorney General, one-half
29of the penalty collected shall be paid to the treasurer of the county
30in which the judgment was entered, and one-half to the State
31Treasurer. If brought by a district attorney or county counsel, the
32entire amount of penalties collected shall be paid to the treasurer
33of the county in which the judgment was entered. If brought by a
34city attorney or city prosecutor, one-half of the penalty shall be
35paid to the treasurer of the county and one-half to the city.

36(e) Unless otherwise provided, the remedies or penalties
37provided by this article are cumulative to each other and to
38remedies or penalties available under all other laws of this state.

39

SEC. 10.  

Section 116845 of the Health and Safety Code is
40repealed.

P10   1

SEC. 11.  

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

3

116845.  

The department shall publish semiannually 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, except for those water treatment devices that the
8department has removed from, or determined not to include on,
9the list of water treatment devices on its Internet Web site.

10(2) A list of water treatment devices for which a manufacturer
11has submitted information pursuant to Section 116832, except for
12those water treatment devices that the department has determined
13to remove from, or not include on, the list pursuant to Section
14116840.

15(3) A product worksheet for each water treatment device listed
16begin delete inend deletebegin insert onend insert the department’s Internet Web site.

17(b) Consumer information, in English and Spanish, regarding
18the appropriate use of water treatment devices.

19

SEC. 12.  

Section 116850 of the Health and Safety Code is
20repealed.

21

SEC. 13.  

Section 116850 is added to the Health and Safety
22Code
, to read:

23

116850.  

(a) The department shall charge and collect the
24applicable annual fee, as established pursuant to subdivision (b),
25from each manufacturer that submits information as required by
26Section 116832 and from each manufacturer that has a currently
27valid certificate issued by the department. The fees established
28pursuant to subdivision (b) shall not exceed the amount necessary
29to recoup the reasonable regulatory costs incurred by the
30department in publishing and maintaining the information on its
31Internet Web site as provided in Section 116845 and in conducting
32enforcement actions, including, but not limited to, referring matters
33for enforcement to other agencies pursuant to Section 116840.

34(b) (1) For each water treatment device for which the
35manufacturer has submitted the information required by subdivision
36(a) of Section 116832, the annual fee shall be up tobegin delete threeend deletebegin insert fiveend insert
37 hundredbegin delete thirty-twoend delete dollarsbegin delete ($332)end deletebegin insert ($500)end insert.

38(2) For each water treatment device that has a valid, unexpired
39certificate issued by the department prior to December 31, 2013,
P11   1the annual fee shall be up tobegin delete fourend deletebegin insert fiveend insert hundred dollarsbegin delete ($400)end delete
2begin insert ($500)end insert.

3(c) The department may establish and periodically adjust the
4fee authorized by subdivision (a) by publishing the fee on its
5Internet Web site. This action by the department shall not be subject
6to the rulemaking provisions of the Administrative Procedure Act
7(Chapter 3.5 (commencing with Section 11340) of Part 1 of
8Division 3 of Title 2 of the Government Code).

9

SEC. 14.  

Section 116855 of the Health and Safety Code is
10repealed.

11

SEC. 15.  

Section 116855 is added to the Health and Safety
12Code
, to read:

13

116855.  

This article shall not apply to residential
14self-regenerating water softeners, as defined in Section 13148 of
15the Water Code.

16

SEC. 16.  

Section 116860 of the Health and Safety Code is
17amended to read:

18

116860.  

There is in the State Treasury the Water Device
19Certification Special Account. Fees collected pursuant to Section
20116850 shall be deposited in the account created by this section.
21The money in the account is available for expenditure by the
22department, upon appropriation by the Legislature, solely for the
23purposes specified in this article.



O

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