BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 2022|
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                                   THIRD READING 


          Bill No:  AB 2022
          Author:   Gordon (D), et al.
          Amended:  8/15/16 in Senate
          Vote:     21 

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  7-0, 6/15/16
           AYES:  Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/1/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  76-0, 4/28/16 (Consent) - See last page for  
            vote

           SUBJECT:   Advanced purified demonstration water


           SOURCE:    Orange County Sanitation District
           Orange County Water District
           WateReuse California 
          

          DIGEST:  This bill authorizes the operator of an advanced water  
          purification facility (facility) to bottle and distribute  
          advanced purified water as samples for educational purposes,  
          under specified conditions.


          Senate Floor Amendments of 8/15/16 define "advanced purified  
          demonstration water" as product water from an advanced water  
          purification facility that satisfies specified requirements;  
          provide that bottled advanced purified demonstration water to  
          any person under 18 years of age without parental consent;  
          clarify the amount of bottled advanced purified demonstration  
          water that a facility may provide; and specify requirements for  








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          recordkeeping for facilities that provide advanced purified  
          demonstration water.


          ANALYSIS:  


          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 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.


           2) Requires the State Water Resources Control Board (SWRCB) to  
             maintain a drinking water program. 


           3) Declares that a substantial portion of the future water  
             requirements of this state may be economically met by  








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             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. 


           4) Requires the SWRCB to establish uniform statewide recycling  
             criteria for the various uses of recycled water where the use  
             involves the protection of public health. 


           5) 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. 


           6) 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.  



           7) Requires SWRCB, by December 31, 2013, to adopt uniform water  
             recycling criteria for indirect potable reuse for groundwater  
             recharge. 


           8) Requires SWRCB, by December 31, 2016, to develop and adopt  
             uniform water recycling criteria for surface water  
             augmentation.  










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           9) Requires, prior to adopting water recycling criteria for  
             surface water augmentation, SWRCB 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. 


           10)Prohibits the SWRCB 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. 


           11)Requires SWRCB, 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. 


           12)Requires SWRCB 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. 


          This bill:


           1) Authorizes the distribution of advanced purified  
             demonstration water for educational purposes and the  
             promotion of recycled water, as specified.  


           2) Defines "advanced purified demonstration water" as product  
             water from an advanced water purification facility that  
             satisfies specified requirements; provides that bottled  
             advanced purified demonstration water to any person under 18  
             years of age without parental consent; clarifies the amount  








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                                                                     Page 5



             of bottled advanced purified demonstration water that a  
             facility may provide; and specifies requirements for  
             recordkeeping for facilities that provide advanced purified  
             demonstration water.


          Background


           1) 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 groundwater  
             basins. According to 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. 

           2) State water recycling policy.  In 2009, the SWRCB 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 one million acre feet per year by 2020 and  
             by at least two million acre feet per year by 2030.  State  
             law recognizes that the use of recycled water for indirect  
             potable reuse is critical to achieving the SWRCB'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.








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           3) 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 SWRCB, including the  
             recycled water program (Health and Safety Code §1116271).

             SB 918 requires SWRCB (formerly DPH) to take action on three  
             uses of recycled water.  First, it required the SWRCB, by  
             December 31, 2013, to adopt uniform recycled water criteria  
             for indirect potable reuse for groundwater recharge. The  
             SWRCB 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 SWRCB, by December 31, 2016, to  
             develop and adopt uniform water recycling criteria for  
             surface water augmentation.  The law also requires SWRCB to  
             convene and administer an expert panel to advise it on public  
             health, scientific, and technical matters regarding the  
             development of uniform water recycling criteria for indirect  
             potable reuse through surface water augmentation.  The SWRCB  
             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 SWRCB, by December 31, 2016, to  
             investigate and report to the Legislature on the feasibility  
             of developing uniform water recycling criteria for direct  
             potable reuse.  

             SWRCB has convened and is currently working with the expert  








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             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 SWRCB's report on the safety of the direct potable reuse  
             of recycled water.  

           4) Recycled water for direct consumption.  In California,  
             SWRCB'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 treated recycled water from projects that do not meet the  
             definition of a public water system per CCR, Title 22,  
             Section 64400.  The SWRCB has not approved the use of any  
             recycled water, including advanced purified drinking water,  
             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 SWRCB 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 advanced purified drinking water would be regulated  
             under the California bottled water law.

           5) 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  








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             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.

          6)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  
            (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.


          Comments
          
           1) Purpose of bill.  According to the author, with the use of  
             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.  Currently, only someone visiting a  
             facility may sample the water.

           2) Analyzing and preparing for the unanticipated.  Both the  
             federal and state Safe Drinking Water Acts are structured to  
             set standards for known contaminants that impact source  
             waters- not emerging issues.  Recycling water creates a new  
             issue.  Recycled water is wastewater that goes back into  
             productive use.  Waste water will have been far more likely  








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             if not definitely contaminated with constituents that do not  
             have standards set in statute or regulation for treatment.   
             For example, pharmaceutical constituents are still evading  
             waste water and water recycling facilities from successful  
             complete removal of all pharmaceutical constituents.  

           3) Getting out ahead.  SB 918 directed SWRCB to conduct a  
             feasibility study for the direct potable reuse of water.   
             That feasibility study and the accompanying scientific review  
             are due by the end of this year.  SWRCB is on target to meet  
             that mandate.  Why would the Legislature go counter to its  
             own directive and exempt recycled water, even in this limited  
             context, from the regulatory requirements, accountability and  
             enforceability of both the Safe Drinking Water Act and the  
             bottled water requirements under both state and federal less  
             than six months before the feasibility report is due from  
             SWRCB?  It may be more appropriate to wait and consider the  
             validity and need of this proposal after SWRCB has finished  
             its review.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, this bill will  
          cost approximately $140,000 annually (Drinking Water Fund) for  
          SWRCB to oversee purification facilities, some or all of which  
          may be offset by fees assessed on the purification facilities. 


          SUPPORT:   (Verified8/3/16)


          Orange County Sanitation District (co-source)
          Orange County Water District (co-source)
          WateReuse California  (co-source)
          Association of California Water Agencies
          CalDesal
          California Association of Sanitation Agencies
          California Coastal Protection Network
          California Coastkeeper Alliance
          California Groundwater Coalition








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          California Municipal Utilities Association
          California Special Districts Association
          City of San Diego
          Costa Mesa Sanitary District
          Desal Response Group
          Eastern Municipal Water District
          Environmental Water Caucus
          Inland Empire Coastkeeper
          Irvine Ranch Water District
          Los Angeles County Sanitation Districts
          Midway City Sanitation District
          Orange County Coastkeeper
          Residents for Responsible Desalination
          San Diego County Water Authority
          Sanitation Districts of Los Angeles
          Santa Barbara Channelkeeper
          Santa Clara Valley Water District
          Sierra Club Angeles Chapter
          Sierra Club California
          Southern California Watershed Alliance
          Surfrider Foundation
          Sustainable Silicon Valley
          The Metropolitan Water District of Southern California




          OPPOSITION:   (Verified8/3/16)


          None received


          ASSEMBLY FLOOR:  76-0, 4/28/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Dodd, Eggman, Frazier, Beth Gaines,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty,  








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            Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Chávez, Daly, Mathis, Olsen

          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          8/16/16 17:57:14


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