BILL ANALYSIS
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Elaine K. Alquist, Chair
BILL NO: AB 1100
A
AUTHOR: Duvall
B
AMENDED: May 5, 2009
HEARING DATE: July 8, 2009
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REFERRAL: Environmental Quality
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CONSULTANT:
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Orr/
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SUBJECT
Potable reuse demonstration water
SUMMARY
Defines potable reuse demonstration water and allows it to
be bottled for consumption, subject to distribution limits
and labeling requirements, for educational purposes only.
CHANGES TO EXISTING LAW
Existing federal law:
Establishes the Federal Food, Drug, and Cosmetic Act,
giving authority to the U.S. Food and Drug Administration
(FDA) to define, regulate, and oversee the safety of the
food, drugs, and cosmetics sold in the United States.
Authorizes the FDA to regulate bottled water as food and
set standards for bottled water products in interstate
commerce.
Establishes the Safe Drinking Water Act (SDWA) to protect
public health by regulating the nation's public drinking
Continued---
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water supply. The act requires actions to protect drinking
water and its sources, including rivers, lakes, reservoirs,
springs, and ground water wells.
Authorizes the Office of Ground Water and Drinking Water
within the United States Environmental Protection Agency
(EPA) to set national health-based standards for drinking
water to protect against both naturally occurring and
man-made contaminants that may be found in drinking water,
under the Safe Drinking Water Act.
Existing state law:
Establishes the Department of Public Health (DPH), Food and
Drug Branch, which is responsible for licensing and
regulating manufacturers of bottled water and providers of
vended water.
Establishes the Sherman Food, Drug, and Cosmetics Law,
which prescribes various quality and labeling standards for
bottled water and vended water, and limits the levels of
certain contaminants that may be contained in those water
products.
Establishes the Water Recycling Act of 1991, creating a
statewide goal to recycle a total of 700,000 acre-feet of
water per year by the year 2000 and 1,000,000 acre-feet of
water per year by the year 2010. Requires each urban water
supplier to prepare, and update every five years, an urban
water management plan with specified components, including
information on recycled water and its potential for use as
a water source in the service area of the urban water
supplier.
This bill:
Defines potable reuse demonstration water (PRDW) as
secondary effluent (treated wastewater) from a wastewater
treatment facility, operated by a wastewater treatment
agency with a source control program that goes beyond
conventional source control. The water must be treated to
remove particulates by: 1) either a microfiltration,
ultrafiltration, or other filtration process prior to
reverse osmosis; 2) reverse osmosis; and, 3) advanced
oxidation by means of ultraviolet light and peroxide. In
order to be classified as PRDW, the water must meet or
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exceed all federal and state drinking water standards and
all maximum contaminant levels (MCLs) set by DPH for public
drinking water.
Allows the operator of a facility that produces PRDW to
bottle and distribute the water for educational purposes,
provided the operator first tests samples of the water in
accordance with current federal and state bottled water
testing standards. The water is not to be sold or exchanged
for financial consideration.
Requires PRDW to be bottled in a licensed water-bottling
plant in nonreturnable bottles or packages, and labeled to
stipulate that the water is "not for sale" and "highly
treated recycled wastewater meeting all federal and state
drinking water standards." Allows the operator to establish
a collection and recycling program for distributed bottles.
Makes PRDW subject to the certain regulations governing the
transportation, bottling, and handling of bottled water.
Stipulates that PRDW may not be distributed unless the
water meets all federal and state drinking water standards
and maximum contaminant levels (MCLs) set by DPH for public
drinking water.
Sets a limit of no more than 1,000 gallons of PRDW to be
bottled per year.
FISCAL IMPACT
The Assembly Appropriations Committee estimates negligible
costs to the Department of Public Health.
BACKGROUND AND DISCUSSION
The state's growing demand for water, lack of new water
resources, and frequent calls for water conservation in low
and consecutive low rainfall years have resulted in efforts
to augment potable supplies with recycled water. The author
claims that water recycling is a cost-effective, reliable
way to meet our water demands and alleviate pressure on our
fragile river systems. According to the EPA, effluent
discharges from recycled water have been accepted for many
years as an important source for maintaining minimum stream
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flows. The investment in treatment technologies required to
meet restrictive discharge limits has led an increasing
number of industries and communities to consider other uses
for their treated wastewater effluents as a means to
recover part of this investment. As sources of water
supplies have become limited, there has been greater use
and acceptance of reclaimed wastewater effluents as an
alternative source of water for a wide variety of
applications, including landscape and agricultural
irrigation, toilet and urinal flushing, industrial
processing, power plant cooling, wetland habitat creation,
restoration and maintenance, and groundwater recharge.
Orange County Groundwater Replenishment System
The Orange County Water District (OCWD) partnered with the
Orange County Sanitation District (OCSD) to construct a
water purification project, the Groundwater Replenishment
System (GWR). The GWR takes treated water from OCSD,
currently sent to the ocean, and purifies to
nearly-distilled quality water. The water is then used to
expand OCWD's seawater barrier, and sent to percolation
ponds to recharge natural groundwater supplies. The GWR
system was reviewed, approved and permitted by the
California Department of Public Health and the Santa Ana
Regional Water Quality control board to ensure public
health, water quality, and environmental compliance prior
to starting production, and it began producing water for
recharge in January 2008.
Since then, the GWR system has produced more than 10.5
billion gallons of highly purified new water, and is the
largest indirect potable water recycling project in the
world. The water purification facility has helped to meet
the water demands for more than 500,000 residents in Orange
County. OCWD claims GWR reduces the amount of outfall
during storms to the Pacific Ocean, preserves the county's
coast and uses fewer gas emissions than when importing
water from the California State Water Project.
Drinking water quality
The EPA's Office of Ground Water and Drinking Water issues
regulations on the production, distribution, and quality of
drinking water, including regulations on source protection,
operation of drinking water systems, contaminant levels and
reporting requirements. The EPA is responsible for
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enforcing the National Primary Drinking Water Regulations,
which apply to every public water system in the United
States.
Due to the sheer numbers of potential chemicals that exist,
the EPA contends that traditional wastewater treatment
processes used in public water systems for recycled water
are not the panacea for all potable water quality concerns,
particularly since current analytical methods are
insufficient to identify all potential contaminants at
concentrations of health significance. For instance, trace
organic compounds, including pharmaceuticals, hormones,
antibiotics, anti-inflammatories, and personal care
products (antibacterial soaps, sunscreen, bath gels, etc.)
can be present in municipal wastewaters. None of these
individual compounds are regulated or monitored by MCLs in
the SDWA.
Drinking water, including bottled water, may reasonably be
expected to contain at least small amounts of some
contaminants. As water naturally travels over the surface
of the land or through the ground, it can pick up naturally
occurring substances as well as substances that are present
due to animal and human activity. Technologies, such as
reverse osmosis, may help to somewhat alleviate the risk of
contamination, but the presence of contaminants does not
necessarily indicate that water poses a health risk. Plus,
several epidemiological studies to monitor the health of
those consuming recycled water so far have shown no link
between the incidence of infectious disease or cancer rates
and exposure to reclaimed water. Other studies have shown
no association between reclaimed water and adverse birth
outcomes.
The Drinking Water Program within the DPH Division of
Drinking Water and Environmental Management (DDWEM)
regulates the state's public water systems; promotes and
provides information on water conservation; oversees water
recycling projects; and certifies drinking water treatment
and distribution operators, among other things. DDWEM has
not approved any disinfected tertiary or advanced treated
recycled water, including PRDW, for drinking. Tertiary
treatment includes treatment processes beyond secondary or
biological processes which further improve effluent
quality, and can include detention in lagoons and
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conventional filtration via sand, among others. However,
DDWEM does allow disinfected-tertiary or advanced treated
recycled water for "indirect drinking use" such as water
recharge.
Bottled water standards
The Food and Drug Administration (FDA) regulates bottled
water as a food. The Federal Food, Drug, and Cosmetic Act
(FFDCA) provides FDA with broad regulatory authority over
food that is introduced or delivered for introduction into
interstate commerce. Under the FFDCA, manufacturers are
responsible for producing safe, wholesome and truthfully
labeled food products, including bottled water products. It
is a violation of the law to introduce into interstate
commerce adulterated or misbranded products that violate
the various provisions of the FFDCA.
The FDA establishes a standard of identity and a standard
of quality for bottled water. The standard of identity
encompasses: (1) a general description of bottled water;
(2) names that may be used to identify bottled water
products (e.g., "bottled water," "drinking water," or
alternative terms such as "purified water" or "spring
water"); and (3) FDA requirements for "other label
statements" specific to bottled water products. Under the
standard of identity, the FDA describes bottled water as
water that is intended for human consumption and that is
sealed in bottles or other containers with no added
ingredients except that it may contain safe and suitable
antimicrobial agents.
Under their standard of quality, FDA establishes allowable
levels for contaminants in bottled water. There are
microbiological standards that set allowable coliform
levels; physical standards that set allowable levels for
turbidity, color and odor; and radiological standards that
set levels for radium activity, alpha-particle activity,
and beta particle and photon radioactivity. The standard of
quality also includes allowable levels for more than 70
different chemical contaminants.
When the microbiological, physical, chemical or
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radiological quality of bottled water is below that
prescribed in the quality standard, the label of the
bottled water bottle must contain a statement of
substandard quality, such as "Contains Excessive Bromate,"
"Contains Excessive Bacteria," or "Excessively
Radioactive." However, including a label of substandard
quality may not be sufficient. Regardless of whether
bottled water bears a statement of substandard quality, it
is considered adulterated if it contains a substance at a
level considered injurious to health under section
402(a)(1) of the FFDCA.
In California, bottled water is regulated by a separate
division in DPH, the Food and Drug Branch, and is described
within the Sherman Food, Drug, and Cosmetics Law. Prior to
bottling or vending water, existing law requires the water
to be subjected to filtration and effective germicidal
treatment by ozone, ultraviolet, carbon dioxide, or an
equivalent disinfection process approved by DPH. PRDW does
undergo extensive filtration processes, however it remains
unclear whether PRDW is allowable under current bottled
water requirements.
Related bills
AB 301 (Fuentes) 2009 requires applicants for licenses to
bottle water in California report the volume of the water,
the source, and the county of the source to the Department
of Public Health. Requires the Department to compile this
information and make it available to the public. Pending in
Senate Appropriations Committee.
AB 410 (De la Torre) 2009 would set a statewide water
recycling target to a total of 1,300,000 acre-feet of water
per year by the year 2020, and 2,000,000 acre-feet of water
per year by the year 2030. Would require the Department of
Water Resources to assess progress toward meeting that
target every five years, based on information provided in
urban water management plans. Pending in the Senate
Environmental Quality Committee.
Prior legislation
AB 2186 (Salas) 2008 would have required each water-vending
machine, retail water facility, and private water source
that sells water at retail to display the identity of the
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source from which the water was last obtained prior to
being bottled. The bill was set to be heard in Assembly
Environmental Safety and Toxic Materials Committee, but the
hearing was canceled by the author.
SB 220 (Corbett) Chapter 575, Statutes of 2007, requires a
water-bottling plant to annually prepare a bottled water
report, including information about the source of the
bottled water, i.e. a spring, drilled well, or municipal
water supply, as a condition of licensure. The report must
also include a brief description of the treatment process
used for producing the bottled water. This bill also
enhanced the Department of Public Health's regulatory
process governing water dispensed from water vending
machines and the labeling requirements for bottled water.
AB 1521 (Salas) 2007 would have required each container of
bottled water sold in this state to include on its label
the identity of the source from which the water was last
obtained prior to being bottled, in compliance with
applicable federal regulations. Required, as a condition
of licensure, that a water-bottling plant annually prepare
and submit to the department a consumer confidence report.
Vetoed by the governor.
SB 1589 (Denham) 2004 would have required that bottled
water may not exceed 10 parts per billion of total
triahalomethanes or 5 parts per billion of lead, unless the
department establishes a lower level by regulation, and
vended water may not exceed 10 parts per billion of total
triahalomethanes, on average, or 5 parts per billion of
lead for public drinking water. Set to be heard in the
Senate Health and Human Services Committee; hearing was
cancelled at the request of the author.
AB 83 (Corbett) 2003 would have transferred the provisions
relating to the licensure and regulation of persons engaged
in the bottled water activities from the Sherman Food,
Drug, and Cosmetic Law to the California Safe Drinking
Water Act. It would have required specified information on
labeling and in advertising bottled water products. The
bill would have required bottled water licensees to comply
with provisions similar to those imposed on public water
systems regarding emergency notification plans, consumer
confidence reports, and inspections. This bill would have
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also revised the annual license fee schedule. Failed
passage on the Senate Floor.
Arguments in support
The OCWD contends that this bill will educate Californians
about the advanced purification process used to treat water
at the district, and allow them to sample the purified
water produced there. This bill will also make more
Californians familiar with water recycling agencies and
their role in managing the state's water resources. The
Southern California Water Committee claims that bottling
this recycled water is an opportunity to help battle the
misinformation and negative public perception of recycled
water. The California Special Districts Association
contends that this bill is a sensible approach to allowing
potable reuse demonstration water, and cite the need for
using all tools available for the purpose of solving our
water challenges and sustaining our groundwater resources.
PRIOR ACTIONS
Assembly Floor: 76-0
Assembly Appropriations: 15-0
Assembly Environmental Safety and Toxic Materials:7-0
COMMENTS
1. Do we have the authority?
The federal government has ultimate authority over
drinking water standards, and it is believed that the EPA
does not expressly allow for municipal wastewater to be
treated and used for human consumption. The Department of
Public Health believes that federal law does not
currently recognize secondary effluent as a potential
source of drinking water. DPH suggests amending the bill
to reflect this, but the suggested amendments have not
yet been submitted to this committee. The bill is
double-referred to the Senate Environmental Quality
Committee and d ue to the delay in transmitting the
amendments to th is committee and the impending fiscal
bill deadline, these amendments will need to be
considered in E . Q . Committee.
These amendments will likely render the bill inoperable
until PRDW is recognized by the federal government as
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drinking water. In spite of the potential federal
preemption, the author contends that this bill is an
important step forward in educating the public about the
benefits and uses of recycled water.
POSITIONS
Support: Orange County Water District (sponsor)
Association of California Water Agencies
California Association of Sanitation Agencies
California Special Districts Association
San Diego County Water Authority
Southern California Water Committee
Western Municipal Water District
Oppose: None received
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