Amended in Senate August 15, 2016

Amended in Assembly March 31, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2022


Introduced by Assembly Member Gordon

(Coauthors: Assembly Membersbegin insert Travis Allen, Cristina end insertbegin insertGarcia,end insert Jones, Kim, and Olsen)

(Coauthors: Senators Bates, Hertzberg, and Wolk)

February 16, 2016


An act to addbegin insert Section 111070.5 to the Health and Safety Code, and to addend insert 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 to cause 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 waterbegin delete standards and goals.end deletebegin insert standards.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 frombegin delete bottlingend deletebegin insert causingend insert more than 1,000 gallons of the waterbegin insert to be bottledend insert 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 wouldbegin delete specify that a violation of these provisions does not constitute a crime.end deletebegin insert require the operator to maintain a daily record of the number of individuals to whom the water is distributed, served, made available, or otherwise distributed and to submit a report based on those records, as specified and under penalty of perjury, to the State Water Resources Control Board. By creating a new crime, this bill would impose a state-mandated local program.end insert

begin insert

This bill would require a bottler of advanced purified demonstration water to submit sample labels and specified analyses of the advanced purified demonstration water to the State Department of Public Health and to conduct a full sanitation of the bottling and filling equipment immediately after bottling advanced purified demonstration water.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 111070.5 is added to the end insertbegin insertHealth and
2Safety Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert111070.5.end insert  

(a) “Advanced purified demonstration water” means
4product water from an advanced water purification facility that
5satisfies both of the following requirements:

6
(1) The product water is treated by all of the following treatment
7processes:

8
(A) Microfiltration, ultrafiltration, or other filtration process
9that removes particulates before reverse osmosis.

10
(B) Reverse osmosis.

11
(C) Advanced oxidation.

12
(2) The product water meets or exceeds all federal and state
13drinking water standards and is produced in accordance with the
14advanced treatment criteria for purified water specified in Section
1560320.201 of Title 22 of the California Code of Regulations.

16
(b) A bottler of advanced purified demonstration water shall
17do all of the following:

18
(1) Submit sample labels to the department for review at least
1930 days before bottling advanced purified demonstration water.

20
(2) Submit the analyses of the advanced purified demonstration
21water required under subdivision (e) of Section 13570 of the Water
22Code to the department at least seven days before bottling
23advanced purified demonstration water.

24
(3) Conduct a full sanitation of the bottling and filling equipment
25immediately after bottling advance purified demonstration water.

end insert
26

begin deleteSECTION 1.end delete
27
begin insertSEC. 2.end insert  

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

28

13570.  

(a) As used in this section, “advanced purified
29demonstration water” means product water from an advanced water
30purification facility that satisfies both of the following
31 requirements:

32(1) The product water is treated by means of all of the following
33treatment processes:

34(A) Microfiltration, ultrafiltration, or other filtration processes
35to remove particulates before reverse osmosis.

36(B) Reverse osmosis.

37(C) Advanced oxidation.

P4    1(2) The product water meets or exceeds all federal and state
2drinking water standards and is produced in accordance with the
3advanced treatment criteria for purified water specified in Section
460320.201 of Title 22 of the California Code of Regulations.

5(b) As used in this section, “advanced water purification facility”
6means a water recycling treatment plant that produces advanced
7purified demonstration water in accordance with the advanced
8treatment criteria specified in Section 60320.201 of Title 22 of the
9California Code of Regulations.

10(c) As used in this section, “batch” means an increment of
11advanced purified treatment water that has completed the treatment
12process, is separate from incoming water, and is not receiving any
13additional source water.

14(d) Except as expressly set forth in this section, the operator of
15 an advanced water purification facility may cause advanced
16purified demonstration water to be bottled and distributed as
17samples for educational purposes and to promote water recycling,
18without complying with the requirements of Article 12
19(commencing with Section 111070) of Chapter 5 of Part 5 of
20Division 104 of the Health and Safety Code. The volume of
21advanced purified demonstration water in each bottle shall not
22exceed eight ounces.

23(e) Any operator of an advanced water purification facility
24 seeking to bottle advanced purified demonstration water shall
25collect water samples from the batch prior to the commencement
26of the bottling process, and test that batch in accordance with
27Section 111165 of the Health and Safety Code. Advanced purified
28demonstration water shall not be distributed unless the following
29requirements are met:

30(1) The water meets or exceeds all federal and state drinking
31waterbegin delete standards and goals,end deletebegin insert standards,end insert including all maximum
32contaminant levels applicable to public drinking water systems.

33(2) begin deleteAll water end deletebegin insertThe advanced water purification facility meets or
34exceeds all end insert
purification requirements imposed by regulatory
35agencies begin delete on the advanced water purification facility usedend delete to produce
36the advanced purified demonstration water, including the removal
37of constituents of emerging concern where the removal is otherwise
38required of an advanced water purificationbegin delete facility by the state
39board.end delete
begin insert facility.end insert

P5    1(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 recyclingbegin delete treatmentend delete criteria
6developed for the directbegin delete consumption of advanced purified
7demonstrationend delete
begin insert potable reuse of recycledend insert water.

8(f) (1) Advanced purified demonstration water may be bottled
9only at a licensed water-bottling plant in compliance with Sections
10begin insert 111070.5,end insert 111080, 111120, 111145, and 111155 of the Health and
11Safety Code.

12(2) Before bottling advanced purified demonstration water, an
13advanced water purification facility shall follow all pretreatment
14and labeling regulations for water bottling, including the
15requirementsbegin insert described in Section 111070.5 of the Health and
16Safety Code and the requirementsend insert
for bottled water and vended
17water pursuant to Section 111080 of the Health and Safety Code.

18(g) Advanced purified demonstration water shall be handled
19from the point of production to the completion of bottling in
20accordance with all regulations governing the transportation,
21bottling,begin insert labeling,end insert and handling of bottled water, as defined in
22subdivision (a) of Section 111070 of the Health and Safety Code,
23including, but not limited to, subdivisionsbegin insert (a),end insert (b), (f), and (h) of
24Section 111075begin insert of the Health and Safety Code and Section
25111070.5end insert
of the Health and Safety Code. Abegin delete water bottlingend delete
26begin insert water-bottlingend insert plant that bottles advanced purified demonstration
27water in accordance with this section may also bottlebegin delete otherend delete potable
28water, subject to compliance with Article 12 (commencing with
29Section 111070) of Chapter 5 of Part 5 of Division 104 of the
30Health and Safety Code.

begin insert

31
(h) An advanced water purification facility shall not provide
32bottled advanced purified demonstration water to any person under
3318 years of age without the consent of that person’s parent or legal
34guardian.

end insert
begin insert

35
(i) An advanced water purification facility shall not provide
36advanced purified demonstration water for human consumption,
37as defined in Section 116275 of the Health and Safety Code,
38including, but not limited to, in bottles, to more than 25 individuals
39per day for 60 or more days in a calendar year.

end insert
begin delete

40(h)

end delete

P6    1begin insert(j)end insert Advanced purified demonstration water shall be bottled in
2nonreturnable (one-way) bottles or packages with labels containing
3the following information in an easily readable format that
4complies with all of the following:

5(1) The label shall state “sample water--not for sale” and
6
begin delete “advanced purified water meeting all federal and state drinking
7water standards.”end delete
begin insert “Advanced Purified Water Sourced From
8Wastewater.”end insert

9(2) The label shall set forth the name, address, telephone
10number, and Internet Web site of the operator of the facility
11producing the advanced purified demonstration water.

12(3) The label shall include a brief description of the advanced
13purified demonstration water, including its source and the treatment
14processes to which the water is subjected.

begin delete

15(i)

end delete

16begin insert(k)end insert A single advanced water purification facility shall notbegin delete bottleend delete
17begin insert causeend insert more than 1,000 gallons of advanced purified demonstration
18waterbegin insert to be bottledend insert in a calendar year.

begin delete

19(j)

end delete

20begin insert(l)end insert Advanced purified demonstration water shall not be sold or
21otherwise distributed in exchange for financial consideration.

begin delete

22(k)

end delete

23begin insert(m)end insert Any operator of an advanced water purification facility
24seeking to bottle advanced purified demonstration water shall
25establish a collection and recycling program for distributed bottles.

begin delete

26(l) A violation of this section shall not be subject to Section
27111825 of the Health and Safety Code.

end delete
begin insert

28
(n) The operator of an advanced water purification facility that
29is bottling advanced purified demonstration water shall do all of
30the following:

end insert
begin insert

31
(1) Maintain a daily record of the number of individuals to
32whom advanced purified demonstration water is distributed,
33served, made available, or otherwise provided, including, but not
34limited to, from a bottle.

end insert
begin insert

35
(2) Compile a report of all daily records described in paragraph
36(1) for each calendar year.

end insert
begin insert

37
(3) Certify under penalty of perjury that the report is accurate.

end insert
begin insert

38
(4) Provide the report within 45 days of the end of the calendar
39year for which the report was made to the deputy director of the
P7    1Division of Drinking Water of the State Water Resources Control
2Board.

end insert
begin delete

3(m)

end delete

4begin insert(o)end insert This section does not exempt an advanced water purification
5facility from any standard for bottling water imposed pursuant to
6federal law.

7begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.

end insert


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