BILL ANALYSIS Ó
AB 2022
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Date of Hearing: March 29, 2016
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 2022
(Gordon) - As Amended March 28, 2016
SUBJECT: Advanced purified demonstration water
SUMMARY: Authorizes the bottling of advanced purified
demonstration water, as defined, for educational purposes and to
promote water recycling. Specifically, this bill:
1)Defines "advanced purified demonstration water" (APDW) as
product water from an advanced water purification facility
that satisfies both of the following requirements:
a) The product water is treated by means of all of the
following treatment processes:
i) Microfiltration, ultrafiltration, or other
filtration processes to remove particulates before
reverse osmosis;
ii) Reverse osmosis;
iii) Advanced oxidation; and,
b) 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
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specified in Section 60320.201 of Title 22 of the
California Code of Regulations (CCR).
2)Defines "advanced water purification facility" as a water
recycling treatment plant that produces APDW in accordance
with CCR Section 60320.201.
3)Defines "batch" as an increment of advanced purified treatment
water that has completed the treatment process, is separate
from incoming water, and is not receiving any additional
water.
4)Authorizes the operator of an advanced water purification
facility to cause that water to be bottled and distributed as
samples for educational purposes and to promote water
recycling.
5)Exempts, from existing water bottling statute, the operator of
an advanced water purification facility who is causing that
water to be bottled and distributed as samples for educational
purposes and to promote water recycling.
6)Requires any operator of an advanced water purification
facility seeking to bottle APDW to collect water samples from
the batch prior to the commencement of the bottling process,
and to have that batch tested by a certified laboratory.
7)Prohibits the distribution of APDW unless the following
requirements are met:
a) 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;
b) All water purification requirements imposed by
regulatory agencies on the advanced water purification
facility used to produce APDW, including the removal of
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constituents of emerging concern where the removal is
otherwise required of an advanced water purification
facility by the State Water Board; and,
c) The water is produced using a treatment process that is
consistent with the advanced treatment criteria for
purified water specified in CCR Section 60320.201 and, if
established by the State Water Board, in accordance with
any uniform statewide water recycling treatment criteria
developed for the direct consumption of ADPW.
8)Requires APDW to be bottled at a licensed water-bottling plant
that is in compliance with specified provisions of water
bottling statute, including some labeling, licensing, and
testing provisions.
9)Requires an advanced water purification facility, before
bottling APDW, to follow all pretreatment and labeling
regulations for water bottling, including the statutory
requirements for bottled water and vended water.
10)Requires APDW to be handled from the point of production to
the completion of bottling in accordance with all regulations
in specified provisions of the water bottling statute
governing the transportation, bottling, and handling of
bottled water.
11)Authorizes a water bottling plant that bottles APDW to also
bottle other potable water.
12)Requires APDW to 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:
a) The label shall state "sample water--not for sale" and
"advanced purified water meeting all federal and state
drinking water standards;"
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b) The label shall set forth the name, address, telephone
number, and Internet Web site of the operator of the
facility producing the APDW; and,
c) The label shall include a brief description of the APDW,
including its source and the treatment processes to which
the water is subjected.
13)Prohibits a single water purification facility from bottling
more than 1,000 gallons of APDW in a calendar year.
14)Prohibits the sale and exchange of APDW.
15)Requires an operator of an advanced water purification
facility seeking to bottle APDW to establish a collection and
recycling program for distributed bottles.
16)Exempts a person who violates the provisions of the bill from
penalties under the Sherman Food, Drugs, and Cosmetics laws.
EXISTING LAW:
EXISTING FEDERAL LAW:
1)Authorizes the Food and Drug Administration (FDA), under the
Federal Food, Drug, and Cosmetics Act, to regulate bottled
water products that are in interstate commerce.
2)Authorizes the United States Environmental Protection Agency
(US EPA), under the Safe Drinking Water Act, to set national
health-based standards for drinking water to protect against
both naturally-occurring and anthropogenic contaminants.
3)Requires, when US EPA sets a new standard for a contaminant in
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drinking water, that the FDA must establish a new standard for
the same contaminant in bottled water or find that US EPA's
new standard is not applicable to bottled water.
EXISTING STATE LAW:
1)Authorizes the Department of Public Health (DPH) to license
and regulate manufacturers of bottled water and vended water.
Establishes requirements for bottled, vended, hauled and
processed water. (Health and Safety Code (HSC) §111070 et
seq.)
2)Requires, as a condition of licensure, water-bottling plants
to annually prepare a bottled water report, including
disclosure of the source of the bottled water, and to make the
report available to each customer. (HSC § 111071)
3)Requires the State Water Board to maintain a drinking water
program. (HSC § 1116271 et seq.)
4)Declares that a substantial portion of the future water
requirements of this state may be economically met by
beneficial use of recycled water. Finds that the utilization
of recycled water by local communities for domestic,
agricultural, industrial, recreational, and fish and wildlife
purposes will contribute to the peace, health, safety and
welfare of the people of the state. (Water Code (WC) § 13511)
5)Requires the State Water Board to establish uniform statewide
recycling criteria for the various uses of recycled water
where the use involves the protection of public health. (WC §
13521)
6)States that although there has been much scientific research
on public health issues associated with indirect potable reuse
through groundwater recharge, there are a number of
significant unanswered questions regarding indirect potable
reuse through surface water augmentation and direct potable
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reuse. (WC § 13560 (d))
7)Defines "direct potable reuse" as introducing recycled water
either directly into a public water system or into a raw water
supply immediately upstream of a water treatment plant;
"indirect potable reuse for groundwater recharge" as using
recycled water to replenish a groundwater basin or an aquifer
that has been designated as a source of water supply for a
public drinking water system; and, "surface water
augmentation" as placing recycled water into a surface water
reservoir used as a source of domestic drinking water supply.
(WC § 13561)
8)Requires the State Water Board, by December 31, 2013, to adopt
uniform water recycling criteria for indirect potable reuse
for groundwater recharge. (WC § 13562(a)(1))
9)Requires the State Water Board, by December 31, 2016, to
develop and adopt uniform water recycling criteria for surface
water augmentation. (WC § 13562(a)(2)(A))
10)Requires, prior to adopting water recycling criteria for
surface water augmentation, the State Water Board to submit
the proposed criteria to the expert panel, which is required
to review the proposed criteria and adopt a finding as to
whether, in its expert opinion, the proposed criteria would
adequately protect public health. (WC § 13562 (a)(2)(B))
11)Prohibits the State Water Board from adopting uniform water
recycling criteria for surface water augmentation unless and
until the expert panel adopts a finding that the proposed
criteria would adequately protect public health. (WC §
13562(a)(2)(C)).
12)Requires the State Water Board, on or before December 31,
2016, to investigate and report to the Legislature on the
feasibility of developing uniform water recycling criteria for
direct potable reuse. (WC § 13563 (a))
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13)Requires the State Water Board, in conducting the
investigation on direct potable reuse, to examine all of the
following, among other criteria:
a) The availability and reliability of recycled water
treatment technologies necessary to ensure the protection
of public health;
b) Multiple barriers and sequential treatment processes
that may be appropriate at wastewater and water treatment
facilities;
c) Available information on health effects;
d) Mechanisms that should be employed to protect public
health if problems are found in recycled water that is
being served to the public as a potable water supply; and,
e) Monitoring needed to ensure protection of public health,
including, but not limited to, the identification of
appropriate indicator and surrogate constituents. (WC §
13563 (b))
14)Requires the State Water Board to convene and administer an
expert panel to advise it on public health issues and
scientific and technical matters regarding development of
uniform water recycling criteria for indirect potable reuse
through surface water augmentation and investigation of the
feasibility of developing uniform water recycling criteria for
direct potable reuse. (WC § 13565)
15)Delineates advanced treatment criteria for oxidized
wastewater. (CCR, Title 22, §60320.201)
FISCAL EFFECT: Unknown.
COMMENTS:
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Need for the bill: According to the author, "By using advanced
water purification technology, billions of gallons of water that
would otherwise be wasted and sent to the ocean can be reused as
a safe and reliable source of new precipitation-independent
water to help fulfill California's ever-growing demand. For
years, this water has been safely and sustainably mixed into
groundwater basins and thus our drinking water supply, but the
public could only directly sample this purified water at a water
purification facility. This legislation to allow the bottling of
small amounts of advanced purified water is an excellent way to
expand that educational opportunity to Californians who don't
have the opportunity or means to visit these advanced
purification facilities. This water will not be sold; instead,
it will be used to demonstrate to a broader audience the
cutting-edge technology used to purify wastewater to
near-distilled water quality."
Recycled water: Water recycling is reusing treated wastewater
for direct beneficial or controlled purposes, such as for
agricultural and landscape irrigation, industrial processes,
toilet flushing, and replenishing ground water basins. According
the US EPA, recycled water can satisfy most water demands, as
long as it is adequately treated to ensure water quality
appropriate for the use. In addition to providing a dependable,
locally-controlled water supply, water recycling can provide
environmental benefits. By providing an additional source of
water, water recycling can decrease the diversion of water from
sensitive ecosystems. Other benefits include decreasing
wastewater discharges and reducing and preventing pollution.
Recycled water can also be used to create or enhance wetlands
and riparian habitats.
State water recycling policy: In 2009, the State Water Board
adopted Resolution No. 2009-0011 to update the state's water
recycling policy. This state policy includes the goal of
increasing the use of recycled water in the state over 2002
levels by at least 1 million acre feet per year by 2020 and by
at least 2 million acre feet per year by 2030. State law
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recognizes that the use of recycled water for indirect potable
reuse is critical to achieving the State Water Board's goals for
increased use of recycled water for the state. State law also
declares that the achievement of the state's goals depends on
the timely development of uniform statewide recycling criteria
for indirect and direct potable water reuse. State law states
that although there has been much scientific research on public
health issues associated with indirect potable reuse through
groundwater recharge, there are a number of significant
unanswered questions regarding indirect potable reuse through
surface water augmentation and direct potable reuse.
Recent legislative and regulatory action on recycled water in
California: SB 918 (Pavley, Chapter 700, Statutes of 2010)
revised the state's approach to regulating recycled water by
requiring DPH to establish uniform statewide recycling criteria
for each use of recycled water where the use involves the
protection of public health. In 2014, all authority and
responsibility for the state's drinking water programs were
transferred from DPH to the State Water Board, including the
recycled water program (HSC § 1116271).
SB 918 requires the (now) State Water Board to take action on
three uses of recycled water. First, it required the State
Water Board, by December 31, 2013, to adopt uniform recycled
water criteria for indirect potable reuse for groundwater
recharge. The State Water Board has developed uniform
regulations authorizing the use of highly treated wastewater for
groundwater recharge, if specified requirements are met,
including a requirement that the treated wastewater must have a
residence time in the ground of at least two months, before
reaching drinking water intake pumps. These regulations went
into effect on June 18, 2014.
Second, SB 918 requires the State Water Board, by December 31,
2016, to develop and adopt uniform water recycling criteria for
surface water augmentation. The law also requires the State
Water Board to convene and administer an expert panel to advise
it on public health, scientific, and technical matters regarding
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the development of uniform water recycling criteria for indirect
potable reuse through surface water augmentation. The State
Water Board reports that it is currently working with the expert
panel and it is developing regulations for surface water
augmentation with recycled water. It is on target to adopt
these regulations by December 31, 2016.
Finally, SB 918, and later SB 322 (Hueso, Chapter 637, Statutes
of 2013), require the State Water Board, by December 31, 2016,
to investigate and report to the Legislature on the feasibility
of developing uniform water recycling criteria for direct
potable reuse. Statue requires the State Water Board to examine
specific information, including the availability and reliability
of recycled water treatment technologies necessary to ensure the
protection of public health; barriers and treatment processes
that may be appropriate at wastewater and water treatment
facilities; available information on health effects; mechanisms
that should be employed to protect public health if problems are
found in recycled water that is being served to the public as a
potable water supply; and, monitoring needed to ensure
protection of public health. The law also requires the State
Water Board to convene and administer an expert panel to advise
it the investigation of the feasibility of developing uniform
water recycling criteria for direct potable reuse.
The State Water Board has convened and is currently working with
the expert panel, and expects to release the required report on
direct potable reuse of recycled water by December 31, 2016.
There is some concern about allowing the bottling and direct
drinking of treated recycled water prior to the release of the
State Water Board's report on the safety of the direct potable
reuse of recycled water.
Recycled water for direct consumption: In California, the State
Water Board's Division of Drinking Water (DDW), in conjunction
with the appropriate Regional Water Quality Control Boards,
which are the permitting authorities, are responsible for
evaluating the treatment, production, distribution, and use of
recycled water. DDW does not regulate public consumption of
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treated recycled water from projects that do not meet the
definition of a public water system per CCR, Title 22, Section
64400. The State Water Board has not approved the use of any
recycled water, including APDW, for direct potable reuse. The US
EPA does not have regulations for treating wastewater to
drinking water quality; they leave it up to the states to do so.
While the State Water Board does regulate recycled water, it
does not regulate bottled water or vended water -- these are
regulated as food by DPH's Food and Drug Branch. It is unclear
how bottled APDW would be regulated under the California bottled
water law.
Concerns about recycled water for direct consumption: While
recycled water has potential for providing solutions for the
state's limited water resources, recycled water regulations are
currently being developed and potential human health impacts of
the direct consumption of recycled water are being studied.
Numerous contaminants, such as pharmaceuticals, personal care
products (antibacterial soaps, sunscreen, bath gels, etc.),
flame retardants, and other constituents of emerging concern,
are more likely to be present in municipal wastewater than in
other water sources. Although they typically exist in small
concentrations, there is growing concern about the impact of
constituents of emerging concern, and other unregulated
compounds, on public health and the environment. Since there
are currently no state or federal drinking water standards for
these constituents, allowing the direct consumption of treated
recycled water, as opposed to consumption after a spatial or
temporal buffer as is required with groundwater or surface water
recharging, may be cause for caution.
Orange County Groundwater Replenishment System (GWRS):
Operational since January 2008, Orange County's GWRS is the
world's largest advanced water purification system for potable
reuse, producing about 100 million gallons a day of
highly-purified potable water. A joint project of the Orange
County Water District and the Orange County Sanitation District
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(which are also jointly sponsoring this bill), the GWRS takes
treated wastewater from the Orange County Sanitation District
and treats it further using microfiltration, reverse osmosis,
and ultraviolet light with hydrogen peroxide. According to the
Orange County Water District, the product water is
near-distilled-quality. Currently, roughly half of the purified
water from the GWRS is injected into Orange County's expanded
seawater intrusion barrier. The remaining water is piped to
percolation basins in Anaheim where the water filters through
clay and rock into groundwater aquifers. There, the water blends
with the existing groundwater before it is used as drinking
water for northern and central Orange County residents.
Treated water samples are currently offered to visitors at the
GWRS. The Orange County Water District states that while the
advanced purified water that they produce meets or exceeds all
state and federal drinking water standards, it still faces a
tough battle with public perception. They argue that the
sampling of advanced purified water is seen as one of the most
effective ways of educating policymakers and members of the
community about the safe purification process for this growing
source of water supply. They contend that public understanding
of the purity of this water is seen as a key requirement for
more widespread acceptance of potable reuse in California.
Recent related bills:
1) SB 322 (Hueso, Chapter 637, Statutes of 2013). This
bill adds additional requirements to the investigation and
expert panel requirements in SB 918 (Pavley, Chapter 700,
Statutes of 2010).
2) SB 918 (Pavley, Chapter 700, Statutes of 2010). This
bill requires DPH (the responsibility for recycled water
has since been shifted to the State Water Board) to adopt
uniform water recycling criteria for indirect potable water
reuse for groundwater recharge by December 31, 2013; to
develop and adopt uniform water recycling criteria for
surface water augmentation by December 31, 2016; and, to
investigate and report on the feasibility of developing
uniform water recycling criteria for direct potable reuse.
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3) AB 1100 (Duval, 2009). This bill was very similar to AB
2200, as introduced, and would have allowed the bottling of
potable reuse demonstration water, as defined, to be
distributed, free of charge, for educational purposes or to
promote water recycling. AB 1100 passed out the Assembly
Environmental Safety Committee on a 7 - 0 vote, but
subsequently failed passage in the Senate Environmental
Quality Committee.
Suggested amendments: The Committee may wish to amend the bill
to:
1) Limit the volume of each sample of bottled APDW
authorized to be distributed for educational purposes and
to promote water recycling to no more than eight ounces.
2) Clarify that this bill does not exempt an advanced
purified water facility from standards for bottling water
imposed under federal law.
REGISTERED SUPPORT / OPPOSITION:
Support
Orange County Sanitation District (Sponsor)
Orange County Water District (Sponsor)
WateReuse California (Sponsor)
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Association of California Water Agencies
CalDesal
California Association of Sanitation Agencies
California Coastal Protection Network
California Coastkeeper Alliance
California Municipal Utilities Association
Costa Mesa Sanitary District
Desal Response Group
Eastern Municipal Water District
Environmental Water Caucus
Inland Empire Coastkeeper
Irvine Ranch Water District
Midway City Sanitation District
Orange County Coastkeeper
Orange County Water District
Orange County Sanitation District
Residents for Responsible Desalination
Santa Barbara Coastkeeper
Sierra Club Angeles Chapter
Sierra Club California
Southern California Watershed Alliance
Surfrider Foundation
Sustainable Silicon Valley
Opposition
None on file.
Analysis Prepared by:Shannon McKinney / E.S. & T.M. / (916)
319-3965
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