BILL ANALYSIS Ó
AB 2022
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CONCURRENCE IN SENATE AMENDMENTS
AB
2022 (Gordon)
As Amended August 15, 2016
Majority vote
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|ASSEMBLY: |76-0 |(April 28, |SENATE: |38-0 |(August 18, |
| | |2016) | | |2016) |
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Original Committee Reference: E.S. & T.M.
SUMMARY: Authorizes the bottling of advanced purified
demonstration water, as defined, for educational purposes and to
promote water recycling.
The Senate amendments:
1)Add definitions to the Bottled, Vended, Hauled, and Processed
Water statutes of the Health and Safety Code consistent with
the new definitions added in the Direct and Indirect Potable
Reuse statutes of the Water Code.
2)Require a bottler of advanced purified demonstration water to
do all of the following:
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a) Submit sample labels to the Department of Public Health
(DPH) for review at least 30 days before bottling advanced
purified demonstration water;
b) Submit the analyses of the advanced purified
demonstration water to DPH at least seven days before
bottling advanced purified demonstration water; and,
c) Conduct a full sanitation of the bottling and filling
equipment immediately after bottling advance purified
demonstration water.
3)Delete the requirement that the advanced purified
demonstration water meets or exceeds all federal and state
drinking water goals.
4)Clarify that advanced purified demonstration water shall be
handled from the point of production to the completion of
bottling in accordance with all regulations governing the
labeling of bottled water, among other requirements.
5)Prohibit an advanced water purification facility from
providing bottled advanced purified demonstration water to any
person younger than 18 years of age without the consent of
that person's parent or legal guardian.
6)Prohibit an advanced water purification facility from
providing advanced purified demonstration water for human
consumption to more than 25 individuals per day for 60 or more
days in a calendar year.
7)Change the labeling requirements on the bottled advanced
purified water from saying "advanced purified water meeting
all federal and state drinking water standards" to "Advanced
Purified Water Sourced From Wastewater."
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8)Delete the exemption from the penalty provisions of the
Sherman Food, Drug and Cosmetic Laws.
9)Require the operator of an advanced water purification
facility that is bottling advanced purified demonstration
water to do all of the following:
a) Maintain a daily record of the number of individuals to
whom advanced purified demonstration water is distributed,
served, made available, or otherwise provided;
b) Compile a report of all daily records for each calendar
year;
c) Certify under penalty of perjury that the report is
accurate; and,
d) 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 (State Water Board).
10)Make other clarifying and conforming changes.
EXISTING LAW:
1)Authorizes the 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 Board to maintain a drinking water
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program.
3)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.
4)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.
FISCAL EFFECT: According to the Senate Appropriations
Committee, should this bill be enacted, costs could be
approximately $140,000 annually (Drinking Water Fund) for the
State Water Board to oversee purification facilities, some or
all of which may be offset by fees assessed on the purification
facilities.
COMMENTS:
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? 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."
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 United States Environmental Protection Agency (US
EPA), recycled water can satisfy most water demands, as long as
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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.
Recent legislative and regulatory action on recycled water in
California: Among other requirements, SB 918 (Pavley), Chapter
700, Statutes of 2010 and 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. 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
treated recycled water from projects that do not meet the
definition of a public water system. The State Water Board has
not approved the use of any recycled water, including advanced
purified demonstration 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.
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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 advanced purified demonstration water 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. 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 from treated wastewater. 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.
Analysis Prepared by:
Shannon McKinney / E.S. & T.M. / (916) 319-3965
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FN:
0004344