BILL ANALYSIS Ó
AB 119
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Date of Hearing: March 12, 2013
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis A. Alejo, Chair
AB 119 (Environmental Safety Committee) - As Introduced:
January 14, 2013
SUBJECT : Household Water Treatment Devices.
SUMMARY : Modifies the current approval process by the
Department of Public Health (DPH) for in-home water treatment
devices. Specifically, this bill :
1)Requires DPH to approve for sale water treatment devices that
make health claims, provided that the manufacturer of the
device submits specified information to the department.
2)Requires submittal of the following information to DPH along
with an annual fee:
a) Manufacturer's name, contact information and website;
b) Name and model of each water treatment device;
c) The specific contaminant to be removed or reduced by the
device; and
d) The name of the accredited third party testing
organization that tested the device, including information
regarding the protocol and standards used in the testing of
the device, test results, and any retest information.
3)Allows DPH to charge an annual fee up to $4,000 per water
treatment device manufacture.
4)Authorizes DPH to set and adjust the fee on the treatment
device manufacturer by publishing the fee announcement on its
Internet web site. The fee modification would not be subject
to the rule making procedure of the Administrative Procedures
Act.
5)Provides that the fees collected by DPH may be used to
maintain a web site of water treatment devices and for the
enforcement of the approval requirements by State or local
health officials.
AB 119
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EXISTING LAW
1)Requires a water treatment device manufacturer who claims that
a drinking water treatment device will reduce contaminants or
makes other health related performance claims, to be certified
by the DPH as to the efficacy of the device (Health and Safety
Code §116830).
2)Requires water treatment device manufacturers to pay a fee to
the DPH for each treatment device application for
certification (H & S Code §116850).
FISCAL EFFECT : Unknown
COMMENTS :
Need for the bill. According to the author, "This bill is
intended to streamline DPH's existing water treatment device
certification program, as the current certification program
provides no additional value to California consumers and has
prevented many residents, particularly those living in areas
where centralized water treatment plants are cost-prohibitive,
from being able to purchase state-of-the-art at-home water
treatment devices."
California household water treatment devices. According to the
DPH, there are currently hundreds of California-certified
drinking water treatment devices. Certified devices include
"point of use" and "point of entry" systems, which range from
pour-through pitchers and faucet-mount, carbon-filter systems to
reverse osmosis, ultraviolet disinfection and household water
softeners.
Contaminants removed by certified devices include organic
chemicals such as MTBE, pesticides, herbicides and solvents;
inorganics such as lead, mercury, and perchlorate; and
waterborne pathogens, such as bacteria, virus and protozoan
cysts, such as Giardia and Cryptosporidium.
According to Clean Water Action, a proponent of the bill, "The
current program requires CDPH to independently certify each
point-of-use water treatment device before it can be sold in
AB 119
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retail outlets in the state. While the purpose of this program
was laudable, in fact the certification program provides no
added value, as it simply duplicates testing already performed
by third party accrediting entities and serves to delay the
availability of new devices in the state. The list of certified
devices maintained by CDPH on its website is of value, but is
out of date almost as soon as it is posted."
This bill is double-referred to the Assembly Health Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Water Agencies
Barrier North America, LLC
Brondell
Clean Water Action
Culligan
Dow Chemical Company
OKO H2O Div. -Worldway Industrial Corp.
Pacific Water Quality Association
Pentair
The Clorox Company
TST Water, LLC - Temecula
Water Quality Association
Opposition
None on file.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965