BILL NUMBER: AB 2022 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN ASSEMBLY MARCH 31, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Gordon
(Coauthors: Assembly Members Travis Allen,
Cristina Garcia, Jones, Kim, and Olsen)
(Coauthors: Senators Bates, Hertzberg, and Wolk)
FEBRUARY 16, 2016
An act to add Section 111070.5 to the Health and Safety Code,
and 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 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 water standards and
goals. 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 causing more than 1,000
gallons of the water to be bottled 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. 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.
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.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 111070.5 is added to the
Health and Safety Code , to read:
111070.5. (a) "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 all of the following treatment
processes:
(A) Microfiltration, ultrafiltration, or other filtration process
that removes 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) A bottler of advanced purified demonstration water shall do
all of the following:
(1) Submit sample labels to the department for review at least 30
days before bottling advanced purified demonstration water.
(2) Submit the analyses of the advanced purified demonstration
water required under subdivision (e) of Section 13570 of the Water
Code to the department at least seven days before bottling advanced
purified demonstration water.
(3) Conduct a full sanitation of the bottling and filling
equipment immediately after bottling advance purified demonstration
water.
SECTION 1. SEC. 2. 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 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, standards,
including all maximum contaminant levels applicable to public
drinking water systems.
(2) All water The advanced
water purification facility meets or exceeds all 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.
facility.
(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 potable reuse of
recycled water.
(f) (1) Advanced purified demonstration water may be bottled only
at a licensed water-bottling plant in compliance with Sections
111070.5, 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 described in Section 111070.5 of the Health and
Safety Code and 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,
labeling, 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 (a), (b), (f),
and (h) of Section 111075 of the Health and Safety Code and
Section 111070.5 of the Health and Safety Code. A
water bottling 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) An advanced water purification facility shall not provide
bottled advanced purified demonstration water to any person under 18
years of age without the consent of that person's parent or legal
guardian.
(i) An advanced water purification facility shall not provide
advanced purified demonstration water for human consumption, as
defined in Section 116275 of the Health and Safety Code, including,
but not limited to, in bottles, to more than 25 individuals per day
for 60 or more days in a calendar year.
(h)
(j) 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." "Advanced Purified Water
Sourced From Wastewater."
(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)
(k) A single advanced water purification facility shall
not bottle cause more than 1,000
gallons of advanced purified demonstration water to be bottled
in a calendar year.
(j)
(l) Advanced purified demonstration water shall not be
sold or otherwise distributed in exchange for financial
consideration.
(k)
(m) 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.
(n) The operator of an advanced water purification facility that
is bottling advanced purified demonstration water shall do all of the
following:
(1) Maintain a daily record of the number of individuals to whom
advanced purified demonstration water is distributed, served, made
available, or otherwise provided, including, but not limited to, from
a bottle.
(2) Compile a report of all daily records described in paragraph
(1) for each calendar year.
(3) Certify under penalty of perjury that the report is accurate.
(4) Provide the report within 45 days of the end of the calendar
year for which the report was made to the deputy director of the
Division of Drinking Water of the State Water Resources Control
Board.
(m)
(o) This section does not exempt an advanced water
purification facility from any standard for bottling water imposed
pursuant to federal law.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.