BILL NUMBER: AB 2539 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Nielsen
FEBRUARY 24, 2012
An act to amend Section 116825 Sections
116830 and 116835 of the Health and Safety Code, relating to
drinking water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2539, as amended, Nielsen. Water
Drinking water: water treatment devices.
Existing law requires the State Department of Public Health to
adopt regulations setting forth the criteria and procedures for
certification of specified water treatment devices. Existing law
provides that the regulations may adopt, by reference, the testing
procedures and standards of one or more independent testing
organizations, under certain circumstances. Existing law authorizes
the department to accept a water treatment device certification
issued by an agency of another state, by an independent testing
organization, or by the federal government, under certain
circumstances.
This bill would require the regulations to adopt, by reference,
the testing procedures and standards of one or more independent
testing organizations. This bill would require the regulations to
specify a testing organization that is a certification body
accredited by an accreditation body member of the International
Accreditation Forum. This bill would require the department to accept
a water treatment device certification issued by an agency of
another state, by a certification body accredited by an accreditation
body member of the International Accreditation Forum, or by the
federal government, if the standards used to certify the device meet
or exceed specified standards.
Existing law prohibits a water treatment device that makes product
performance claims or product benefit claims that the device affects
health or the safety of drinking water from being sold or otherwise
distributed if the water treatment device has not been certified by
the State Department of Public Health or by another entity, as
specified. Existing law provides definitions for, among other terms,
"water treatment device" and "department."
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116830 of the Health
and Safety Code is amended to read:
116830. (a) The department shall adopt regulations setting forth
the criteria and procedures for certification of water treatment
devices that are claimed to affect the health or safety of drinking
water. The regulations shall include appropriate testing protocols
and procedures to determine the performance of water treatment
devices in reducing specific contaminants from public or private
domestic water supplies. The regulations may
shall adopt, by reference, the testing procedures and standards
of one or more independent testing organizations if the
department determines that the procedures and standards are adequate
to meet the requirements of this section . The regulations
may shall specify any testing
organization that the department has designated to conduct
the testing of water treatment devices is a
certification body accredited by an accreditation body member of the
International Accreditation Forum .
(b) The regulations required by subdivision (a) shall include
minimum standards for the following:
(1) Performance requirements.
(2) Types of tests to be performed.
(3) Types of allowable materials.
(4) Design and construction.
(5) Instruction and information requirements, including
operational, maintenance, replacement, and estimated cost of these
items.
(6) Any additional requirements, not inconsistent with this
article, as may be necessary to carry out this article.
(c) The department or any testing organization designated by the
department pursuant to this section may agree to evaluate test data
on a water treatment device offered by the manufacturer of the water
treatment device, in lieu of the requirements of this section, if the
department or the testing organization determines that the testing
procedures and standards used to develop the data are adequate to
meet the requirements of this section.
SEC. 2. Section 116835 of the Health
and Safety Code is amended to read:
116835. (a) No water treatment device that makes product
performance claims or product benefit claims that the device affects
health or the safety of drinking water, shall be sold or otherwise
distributed that has not been certified by the department or by
another entity in accordance with subdivision (b). Water treatment
devices not offered for sale or distribution based on claims of
improvement in the healthfulness of drinking water need not be
certified pursuant to this section.
(b) The department may shall accept
a water treatment device certification issued by an agency of another
state, by an independent testing organization
a certification body accredited by an accreditation body member
of the International Accreditation Forum , or by the federal
government in lieu of its own, if the department determines
that certification program meets the requirements of this article
if the standards used to certify the water treatment
device meet or exceed those provided under subdivision (a) of Section
116830, as evidenced by a declaration submitted by the person
seeking certification of the water treatment device .
(c) A water treatment device initially installed prior to the
operative date of this section shall not require certification
pursuant to Section 116830.
(d) Subdivisions (a), (b), and (c) shall become operative one year
after the effective date of the regulations adopted pursuant to
Section 116830. Regulations adopted pursuant to that section shall be
transmitted to the Legislature upon adoption.
SECTION 1. Section 116825 of the Health and
Safety Code is amended to read:
116825. Unless the context otherwise requires, the following
definitions shall govern construction of this article:
(a) "Water treatment device" means any point of use or point of
entry instrument or contrivance sold or offered for rental or lease
for residential use, and designed to be added to the plumbing system,
or used without being connected to the plumbing of a water supply
intended for human consumption in order to improve the water supply
by any means, including, but not limited to, filtration,
distillation, adsorption, ion exchange, reverse osmosis, or other
treatment. "Water treatment device" does not include any device that
is regulated pursuant to Article 12 (commencing with Section 111070)
of Chapter 5 of Part 5.
(b) "Department" means the State Department of Public Health.
(c) "Person" means any individual, firm, corporation, or
association, or any employee or agent thereof.
(d) "Contaminants" means any health-related physical, chemical,
biological, or radiological substance or matter in water.