Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2022


Introduced by Assembly Member Gordon

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(Coauthors: Assembly Members Jones, Kim, and Olsen)

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(Coauthors: Senators Bates, Hertzberg, and Wolk)

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February 16, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

AB 2022, as amended, 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 ofbegin delete aend deletebegin insert an advanced water purificationend insert facility producing advanced purified demonstrationbegin delete water, as defined,end deletebegin insert waterend insert to cause that water to be bottled and distributed as samples for educational purposes and to promote waterbegin delete recycling.end deletebegin insert recycling, as specified.end insert The bill would prohibit the advanced purified demonstration water from being distributed unless thebegin delete waterend deletebegin insert water, among other requirements,end insert meets orbegin delete is superior toend deletebegin insert exceedsend insert all federal and state drinking waterbegin delete standards.end deletebegin insert standards and goals.end insert 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 thanbegin delete 2,500end deletebegin insert 1,000end insert gallons of the water in a calendar year.begin insert The bill would require an operator of an advanced water purification facility seeking to bottle advanced purified demonstration water to establish a collection and recycling program for distributed bottles.end insert 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:

3

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 orbegin delete is superior toend deletebegin insert exceedsend insert all federal
14and state drinking waterbegin delete standards.end deletebegin insert standards and is produced in
15accordance with the advanced treatment criteria for purified water
16specified in Section 60320.201 of Title 22 of the California Code
17of Regulations.end insert

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18(b) An advanced water purification facility may use an
19alternative treatment process in lieu of a process specified in
20subdivision (a) if the facility demonstrates to the Division of
21Drinking Water of the State Water Resources Control Board that
P3    1the proposed alternative ensures at least the same level of protection
2to public health.

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3
(b) As used in this section, “advanced water purification
4facility” means a water recycling treatment plant that produces
5advanced purified demonstration water in accordance with the
6advanced treatment criteria specified in Section 60320.201 of Title
722 of the California Code of Regulations.

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8
(c) As used in this section, “batch” means an increment of
9advanced purified treatment water that has completed the treatment
10process, is separate from incoming water, and is not receiving any
11additional source water.

end insert
begin delete

12(c)

end delete

13begin insert(d)end insert Except as expressly set forth in this section, the operator of
14begin delete a facility producing advanced purified demonstration waterend deletebegin insert an
15advanced water purification facilityend insert
may cause that water to be
16bottled and distributed as samples for educational purposes and to
17promote water recycling, without complying with the requirements
18of Article 12 (commencing with Section 111070) of Chapter 5 of
19Part 5 of Division 104 of the Health and Safety Code.

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20(d)

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21begin insert(end insertbegin inserte)end insert Any operatorbegin insert of an advanced water purification facilityend insert
22 seeking to bottle advanced purified demonstration water shall
23collect water samplesbegin insert from the batchend insert prior to the commencement
24of the bottling process, and test thatbegin delete waterend deletebegin insert batchend insert in accordance
25with Section 111165 of the Health and Safety Code. Advanced
26purified demonstration water shall not be distributed unlessbegin delete that
27water meets or is superior toend delete
begin insert the following requirements are met:end insert

28begin insert(1)end insertbegin insertend insertbegin insertThe water meets or exceedsend insert all federal and state drinking
29waterbegin delete standards,end deletebegin insert standards and goals, includingend insert all maximum
30contaminant levelsbegin delete established by the Division of Drinking Water
31of the State Water Resources Control Board for public drinking
32water, and allend delete
begin insert applicable to public drinking water systems.end insert

33begin insert(2)end insertbegin insertend insertbegin insertAllend insert water purification requirements imposed by regulatory
34agencies on thebegin delete water reclamation facility that produces the product
35water being used asend delete
begin insert advanced water purification facility used to
36produce theend insert
advanced purified demonstrationbegin delete water.end deletebegin insert water,
37including the removal of constituents of emerging concern where
38the removal is otherwise required of an advanced water
39purification facility by the state board.end insert

begin insert

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(3) The water is produced using a treatment process that is
2consistent with the advanced treatment criteria for purified water
3specified in Section 60320.201 of Title 22 of the California Code
4of Regulations and, if established by the state board, in accordance
5with any uniform statewide water recycling treatment criteria
6developed for the direct consumption of advanced purified
7demonstration water.

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begin delete

8(e)

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9begin insert(f)end insertbegin insertend insertbegin insert(1)end insert Advanced purified demonstration water may be bottled
10only at a licensed water-bottling plant in compliance with Sections
11111080, 111120, 111145, and 111155 of the Health and Safety
12Code.

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13
(2) Before bottling advanced purified demonstration water, an
14advanced water purification facility shall follow all pretreatment
15and labeling regulations for water bottling, including the
16requirements for bottled water and vended water pursuant to
17Section 111080 of the Health and Safety Code.

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18(f)

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19begin insert(end insertbegin insertg)end insert Advanced purified demonstration water shall be handled
20from the point of production to the completion of bottling in
21accordance with all regulations governing the transportation,
22bottling, and handling of bottled water, as defined in subdivision
23(a) of Section 111070 of the Health and Safety Code, including,
24but not limited to, subdivisions (b), (f), and (h) of Section 111075
25of the Health and Safety Code. A water bottling plant that bottles
26advanced purified demonstration water in accordance with this
27section may also bottle other potable water, subject to compliance
28with Articlebegin delete 12(commencingend deletebegin insert 12 (commencingend insert with Section
29begin delete 111070)ofend deletebegin insert 111070) ofend insert Chapter 5 of Part 5 of Division 104 of the
30Health and Safety Code.

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31(g)

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32begin insert(end insertbegin inserth)end insert Advanced purified demonstration water shall be bottled in
33nonreturnable (one-way) bottles or packages with labels containing
34the following information in an easily readable format that
35complies with all of the following:

36(1) The label shall state “sample water--not for sale” and
37“advanced purified water meeting all federal and state drinking
38water standards.”

P5    1(2) The label shall set forth the name, address, telephone
2number, and Internet Web site of the operator of the facility
3producing the advanced purified demonstration water.

4(3) The label shall include a brief description of the advanced
5purified demonstration water, including its source and the treatment
6processes to which the water is subjected.

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7(h)

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8begin insert(end insertbegin inserti)end insert A single water purification facility may not bottle more than
9begin delete 2,500end deletebegin insert 1,000end insert gallons of advanced purified demonstration water in
10a calendar year.

begin delete

11(i)

end delete

12begin insert(end insertbegin insertj)end insert Advanced purified demonstration water shall not be sold or
13otherwise distributed in exchange for financial consideration.

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14
(k) Any operator of an advanced water purification facility
15seeking to bottle advanced purified demonstration water shall
16establish a collection and recycling program for distributed bottles.

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17(j)

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18begin insert(end insertbegin insertl)end insert A violation of this section shall not be subject to Section
19111825 of the Health and Safety Code.



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