BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 119
                                                                  Page 1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 119 (Environmental Safety and Toxic Materials Committee)
          As Amended  August 30, 2013
          Majority vote
           
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          |ASSEMBLY:  |73-0 |(May 13, 2013)  |SENATE: |39-0 |(September 9,  |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    E.S. & T. M.  

           SUMMARY  :  Modifies the Department of Public Health (DPH)  
          approval process for in-home water treatment devices.  Requires  
          DPH to approve water treatment devices that make health claims,  
          provided that the manufacturer of the device submits independent  
          third party certification of the effectiveness of the water  
          treatment devise to the DPH.  

           The Senate amendments  : 

          1)Establish an annual fee of up to $500 per certified device  
            submitted by the water treatment device manufacturer. 

          2)Requires that the DPH update information on water treatment  
            devises on their Web site biannually.  
             
           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.

          2)Requires water treatment device manufacturers to pay a fee to  
            the DPH for each treatment device application for  
            certification.

           AS PASSED BY THE ASSEMBLY  this bill required DPH to review and  
          approve water treatment devices for sale that make health  
          claims, provided that the manufacturer of the device submits  
          independent third party certification of the effectiveness of  
          the water treatment devise to the DPH.  

          Allowed DPH to charge an annual fee up to $500 per water  








                                                                  AB 119
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          treatment device.  Authorized 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 rulemaking procedure of the  
          Administrative Procedures Act. 

          Required DPH to establish and maintain a Web site of water  
          treatment devices and for the enforcement of the approval  
          requirements by state or local health officials.
           
          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, ongoing annual savings of $234,000 to the Water  
          Device Certification Special Account (special) as a result of  
          reducing administrative costs from $404,000 to $170,000 by  
          removing the requirement for DPH to certify water treatment  
          devices.  An annual cost of approximately $34,000 to the Water  
          Device Certification Special Account as a result of reducing fee  
          revenues from approximately $200,000 to $166,000. 

           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 methyl tertiary-butyl ether (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.









                                                                  AB 119
                                                                  Page 3

          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  
          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."


           Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916)  
          319-3965 


          FN:  
          0002683