BILL NUMBER: AB 2022 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Gordon
( Coauthors: Assembly Members
Jones, Kim, and Olsen )
( Coauthors: Senators Bates,
Hertzberg, and Wolk )
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 of a
an advanced water purification facility producing advanced
purified demonstration water, as defined,
water to cause that water to be bottled and distributed as
samples for educational purposes and to promote water
recycling. recycling, as specified. The bill
would prohibit the advanced purified demonstration water from being
distributed unless the water water, among
other requirements, meets or is superior to
exceeds all federal and state drinking water
standards. standards and goals. 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
1,000 gallons of the water in a calendar year. 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.
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:
SECTION 1. Section 13570 is added to the Water Code, to read:
13570. (a) As used in this section, "advanced purified
demonstration water" means product water from an advanced water
purification facility that satisfies both of the following
requirements:
(1) The product water is treated by means of all of the following
treatment processes:
(A) Microfiltration, ultrafiltration, or other filtration
processes to remove particulates before reverse osmosis.
(B) Reverse osmosis.
(C) Advanced oxidation.
(2) The product water meets or is superior to
exceeds all federal and state drinking water
standards. standards and is produced in accordance
with the advanced treatment criteria for purified water specified in
Section 60320.201 of Title 22 of the California Code of Regulations.
(b) An advanced water purification facility may use an alternative
treatment process in lieu of a process specified in subdivision (a)
if the facility demonstrates to the Division of Drinking Water of the
State Water Resources Control Board that the proposed alternative
ensures at least the same level of protection to public health.
(b) As used in this section, "advanced water purification facility"
means a water recycling treatment plant that produces advanced
purified demonstration water in accordance with the advanced
treatment criteria specified in Section 60320.201 of Title 22 of the
California Code of Regulations.
(c) As used in this section, "batch" means an increment of
advanced purified treatment water that has completed the treatment
process, is separate from incoming water, and is not receiving any
additional source water.
(c)
(d) Except as expressly set forth in this section, the
operator of a facility producing advanced purified
demonstration water an advanced water purification
facility may cause that water to be bottled and distributed as
samples for educational purposes and to promote water recycling,
without complying with the requirements of Article 12 (commencing
with Section 111070) of Chapter 5 of Part 5 of Division 104 of the
Health and Safety Code.
(d)
( e) Any operator of an advanced water
purification facility seeking to bottle advanced purified
demonstration water shall collect water samples from the batch
prior to the commencement of the bottling process, and test
that water batch in accordance with
Section 111165 of the Health and Safety Code. Advanced purified
demonstration water shall not be distributed unless that
water meets or is superior to the following
requirements are met:
(1) The water meets or exceeds
all federal and state drinking water standards,
standards and goals, including all maximum contaminant
levels established by the Division of Drinking Water of the
State Water Resources Control Board for public drinking water, and
all applicable t o public drinking water
systems.
(2) All water purification
requirements imposed by regulatory agencies on the water
reclamation facility that produces the product water being used as
advanced water purification facility used to produce
the advanced purified demonstration water.
water, including the removal of constituents of emerging concern
where the removal is otherwise required of an advanced water
purification facility by the state board.
(3) The water is produced using a treatment process that is
consistent with the advanced treatment criteria for purified water
specified in Section 60320.201 of Title 22 of the California Code of
Regulations and, if established by the state board, in accordance
with any uniform statewide water recycling treatment criteria
developed for the direct consumption of advanced purified
demonstration water.
(e)
(f) (1) Advanced purified
demonstration water may be bottled only at a licensed water-bottling
plant in compliance with Sections 111080, 111120, 111145, and 111155
of the Health and Safety Code.
(2) Before bottling advanced purified demonstration water, an
advanced water purification facility shall follow all pretreatment
and labeling regulations for water bottling, including the
requirements for bottled water and vended water pursuant to Section
111080 of the Health and Safety Code.
(f)
( g) Advanced purified demonstration water
shall be handled from the point of production to the completion of
bottling in accordance with all regulations governing the
transportation, bottling, and handling of bottled water, as defined
in subdivision (a) of Section 111070 of the Health and Safety Code,
including, but not limited to, subdivisions (b), (f), and (h) of
Section 111075 of the Health and Safety Code. A water bottling plant
that bottles advanced purified demonstration water in accordance with
this section may also bottle other potable water, subject to
compliance with Article 12(commencing 12
(commencing with Section 111070)of
111070) of Chapter 5 of Part 5 of Division 104 of the Health
and Safety Code.
(g)
( h) Advanced purified demonstration water
shall be bottled in nonreturnable (one-way) bottles or packages with
labels containing the following information in an easily readable
format that complies with all of the following:
(1) The label shall state "sample water--not for sale" and
"advanced purified water meeting all federal and state drinking water
standards."
(2) The label shall set forth the name, address, telephone number,
and Internet Web site of the operator of the facility producing the
advanced purified demonstration water.
(3) The label shall include a brief description of the advanced
purified demonstration water, including its source and the treatment
processes to which the water is subjected.
(h)
( i) A single water purification facility
may not bottle more than 2,500 1,000
gallons of advanced purified demonstration water in a calendar year.
(i)
( j) Advanced purified demonstration water
shall not be sold or otherwise distributed in exchange for financial
consideration.
(k) Any operator of an advanced water purification facility
seeking to bottle advanced purified demonstration water shall
establish a collection and recycling program for distributed bottles.
(j)
( l) A violation of this section shall not
be subject to Section 111825 of the Health and Safety Code.