BILL NUMBER: AB 2022 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2016
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 an advanced water
purification facility producing advanced purified
demonstration water to cause that
advanced purified demonstration water to be bottled and
distributed as samples for educational purposes and to promote water
recycling, as specified. The bill would prohibit the advanced
purified demonstration water in each bottle from exceeding 8
ounces and would prohibit that water from being distributed
unless the water, among other requirements, meets or exceeds all
federal and state drinking water 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 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 exceeds all federal and state
drinking water 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) 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.
(d) Except as expressly set forth in this section, the operator of
an advanced water purification facility may cause that
advanced purified demonstration 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. The
volume of advanced purified demonstration water in each bottle shall
not exceed eight ounces.
(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 batch in accordance with Section
111165 of the Health and Safety Code. Advanced purified demonstration
water shall not be distributed unless the following requirements are
met:
(1) The water meets or exceeds all federal and state drinking
water standards and goals, including all maximum contaminant levels
applicable to public drinking water systems.
(2) All water purification requirements imposed by regulatory
agencies on the advanced water purification facility used to produce
the advanced purified demonstration 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.
(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.
(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 with Section 111070) of Chapter 5 of Part 5 of Division
104 of the Health and Safety Code.
(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.
(i) A single advanced water purification facility
may shall not bottle more than 1,000
gallons of advanced purified demonstration water in a calendar year.
(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.
(l) A violation of this section shall not be subject to Section
111825 of the Health and Safety Code.
(m) This section does not exempt an advanced water purification
facility from any standard for bottling water imposed pursuant to
federal law.