BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1100
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     AB 1100 (Duvall) - As Amended:  May 5, 2009 

          Policy Committee:                              Environmental  
          Safety       Vote:                            7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill authorizes bottling of potable reuse demonstration  
          water (PRDW) for educational purposes and to promote water  
          recycling.  Specifically, this bill:


          1)Defines "potable reuse demonstration water" (PRDW) as  
            secondary effluent from a wastewater treatment facility that  
            meets specified conditions.  



          2)Authorizes the operator of a facility producing PRDW to cause  
            PRDW to be bottled and distributed for educational purposes  
            and to promote water recycling and exempts such an operator  
            from existing requirements for bottled water, except as  
            explicitly required by this bill.



          3)Authorizes the distribution of PRDW at no cost for educational  
            purposes or to promote water recycling, provided that the PRDW  
            meets or exceeds all federal and state drinking water  
            standards, all maximum contaminant levels, and all conditions  
            imposed by regulatory agencies on the water quality of PRDW.



          4)Specifies bottling and labeling requirements for PRDW.










                                                                  AB 1100
                                                                  Page  2


          5)Prohibits a water recycling facility from bottling more than  
            10000 gallons of PRDW in a calendar year.

           FISCAL EFFECT  

          Negligible costs to the Department of Public Health (DPH).

           COMMENTS  

           1)Rationale.   The author notes that California is in the midst  
            of a multi-year drought and water crisis and that the state  
            needs new sources of drinking water.  The author states that  
            technology exists that permits the safe conversion of  
            wastewater into drinking water.  The author contends that  
            allowing limited bottling of recycled water for educational  
            purposes will help to counteract misinformation and negative  
            publicity that unfairly and inaccurately depicts PRDW. 



           2)Background  .

              a)   Don't Drink the Water.   DPH evaluates the treatment,  
               production, distribution and use of recycled water for  
               public health and safety.  DPH has not approved any  
               disinfected tertiary or advanced treated recycled water,  
               including PRDW, for direct drinking.  DPH does, however,  
               allow disinfected tertiary or advanced treated recycled  
               water for "indirect drinking use" such as recharging  
               domestic water supply aquifers by surface spreading.   
               Similarly, the U.S. Environmental Protection Agency does  
               not authorize the ingestion of disinfected tertiary or  
               advanced treated recycled water.

               In 1996, the California Potable Reuse Committee-an  
               18-member joint committee of the Department of Health  
               Services and Department of Water Resources-reported that,  
               before allowing drinking of treated waste water, reliable  
               water quality monitoring methods and emergency response  
               systems must be available.  Such treatment methods and  
               response systems have yet to be established.

              b)   But We Already Drink the Water.   Completed and online in  
               January 2008, Orange County's Groundwater Replenishment  








                                                                  AB 1100
                                                                  Page  3

               (GWR) System is the largest water purification project of  
               its kind in the world.  The GWR System takes highly treated  
               sewer water from the Orange County Sanitation District and  
               treats it to beyond drinking water standards using advanced  
               membrane purification technologies at the Orange County  
               Water District in Fountain Valley.  According to GWR, the  
               GWR System water exceeds all state and federal drinking  
               water standards and has water quality similar to or better  
               than, bottled water.

               Currently, roughly half of the purified water from the GWR  
               System 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.  The GWR System reports that the water is  
               purified to beyond bottled water quality and state and  
               federal drinking water standards.  The GWR System serves  
               samples of treated water to visitors at its facilities;  
               however, current law does not allow it to transport water  
               to other locations for demonstration purposes.

          3)Supporters, including several southern California water  
            agencies, see the education that would be enabled by this bill  
            as key to overcoming irrational aversion to drinking treated  
            wastewater.  These supporters note that the millions of  
            gallons of waste water that flow to the sea daily is wasted  
            water.  

          4)Opponents.   There are no registered opponents to this bill.  
            However, Orange County Coastkeeper, a local environmental  
            organization, expresses concern that the bill ignores the  
            adverse environmental impacts of plastic water bottles, such  
            as waste, marine debris, and petroleum use issues, and urges  
            the author to consider an alternative to bottling PRDW.  
           
          Analysis Prepared by :    Jay Dickenson / APPR. / (916) 319-2081