California Legislature—2015–16 Regular Session

Assembly BillNo. 2022


Introduced by Assembly Member Gordon

February 16, 2016


An act to add Section 13570 to the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

AB 2022, as introduced, Gordon. Advanced purified demonstration water.

Existing law requires the State Department of Public Health to, on or before December 31, 2013, adopt uniform water recycling criteria for indirect potable reuse for groundwater recharge and to investigate and, on or before December 31, 2016, report to the Legislature on the feasibility of developing uniform water recycling criteria for direct potable reuse. Existing law transferred these powers and responsibilities to the State Water Resources Control Board on July 1, 2014.

Under existing law, the State Department of Public Health licenses and regulates water bottlers, distributors, and vendors. Existing law prescribes various quality and labeling standards for bottled water and limits the levels of certain contaminants that may be contained in those water products. Violation of these provisions is a crime.

This bill would authorize the operator of a facility producing advanced purified demonstration water, as defined, to cause that water to be bottled and distributed as samples for educational purposes and to promote water recycling. The bill would prohibit the advanced purified demonstration water from being distributed unless the water meets or is superior to all federal and state drinking water standards. The bill would authorize advanced purified demonstration water to be bottled at a licensed water-bottling plant in compliance with specified provisions. The bill would further establish bottling and labeling requirements for advanced purified demonstration water and would prohibit a facility from bottling more than 2,500 gallons of the water in a calendar year. The bill would specify that a violation of these provisions does not constitute a crime.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 13570 is added to the Water Code, to
2read:

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13570.  

(a) As used in this section, “advanced purified
4demonstration water” means product water from an advanced water
5purification facility that satisfies both of the following
6requirements:

7(1) The product water is treated by means of all of the following
8treatment processes:

9(A) Microfiltration, ultrafiltration, or other filtration processes
10to remove particulates before reverse osmosis.

11(B) Reverse osmosis.

12(C) Advanced oxidation.

13(2) The product water meets or is superior to all federal and
14 state drinking water standards.

15(b) An advanced water purification facility may use an
16alternative treatment process in lieu of a process specified in
17subdivision (a) if the facility demonstrates to the Division of
18Drinking Water of the State Water Resources Control Board that
19the proposed alternative ensures at least the same level of protection
20to public health.

21(c) Except as expressly set forth in this section, the operator of
22a facility producing advanced purified demonstration water may
23cause that water to be bottled and distributed as samples for
24educational purposes and to promote water recycling, without
25complying with the requirements of Article 12 (commencing with
26Section 111070) of Chapter 5 of Part 5 of Division 104 of the
27Health and Safety Code.

28(d) Any operator seeking to bottle advanced purified
29 demonstration water shall collect water samples prior to the
30commencement of the bottling process, and test that water in
P3    1accordance with Section 111165 of the Health and Safety Code.
2Advanced purified demonstration water shall not be distributed
3unless that water meets or is superior to all federal and state
4drinking water standards, all maximum contaminant levels
5established by the Division of Drinking Water of the State Water
6Resources Control Board for public drinking water, and all water
7purification requirements imposed by regulatory agencies on the
8water reclamation facility that produces the product water being
9used as advanced purified demonstration water.

10(e) Advanced purified demonstration water may be bottled only
11at a licensed water-bottling plant in compliance with Sections
12111080, 111120, 111145, and 111155 of the Health and Safety
13Code.

14(f) Advanced purified demonstration water shall be handled
15from the point of production to the completion of bottling in
16accordance with all regulations governing the transportation,
17bottling, and handling of bottled water, as defined in subdivision
18(a) of Section 111070 of the Health and Safety Code, including,
19but not limited to, subdivisions (b), (f), and (h) of Section 111075
20of the Health and Safety Code. A water bottling plant that bottles
21advanced purified demonstration water in accordance with this
22section may also bottle other potable water, subject to compliance
23with Article 12(commencing with Section 111070)of Chapter 5
24of Part 5 of Division 104 of the Health and Safety Code.

25(g) Advanced purified demonstration water shall be bottled in
26nonreturnable (one-way) bottles or packages with labels containing
27the following information in an easily readable format that
28complies with all of the following:

29(1) The label shall state “sample water--not for sale” and
30“advanced purified water meeting all federal and state drinking
31water standards.”

32(2) The label shall set forth the name, address, telephone
33number, and Internet Web site of the operator of the facility
34producing the advanced purified demonstration water.

35(3) The label shall include a brief description of the advanced
36purified demonstration water, including its source and the treatment
37processes to which the water is subjected.

38(h) A single water purification facility may not bottle more than
392,500 gallons of advanced purified demonstration water in a
40calendar year.

P4    1(i) Advanced purified demonstration water shall not be sold or
2otherwise distributed in exchange for financial consideration.

3(j) A violation of this section shall not be subject to Section
4111825 of the Health and Safety Code.



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