BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 119
                                                                  Page 1

          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
                                                                  Page 2


           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
                                                                  Page 3

          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