Bill Text: CA AB2022 | 2015-2016 | Regular Session | Chaptered
Bill Title: Advanced purified demonstration water.
Sponsorship: Bipartisan Bill
Status: (Passed) 2016-09-21 - Chaptered by Secretary of State - Chapter 408, Statutes of 2016. [AB2022 Detail]
Download: California-2015-AB2022-Chaptered.html
BILL NUMBER: AB 2022 CHAPTERED
BILL TEXT
CHAPTER 408
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2016
APPROVED BY GOVERNOR SEPTEMBER 21, 2016
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN ASSEMBLY MARCH 31, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Gordon
(Coauthors: Assembly Members Travis Allen, Cristina Garcia, Jones,
Kim, and Olsen)
(Coauthors: Senators Bates, Hertzberg, and Wolk)
FEBRUARY 16, 2016
An act to add Section 111070.5 to the Health and Safety Code, and
to add Section 13570 to the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2022, Gordon. Advanced purified demonstration water.
Existing law requires the State Department of Public Health to, on
or before December 31, 2013, adopt uniform water recycling criteria
for indirect potable reuse for groundwater recharge and to
investigate and, on or before December 31, 2016, report to the
Legislature on the feasibility of developing uniform water recycling
criteria for direct potable reuse. Existing law transferred these
powers and responsibilities to the State Water Resources Control
Board on July 1, 2014.
Under existing law, the State Department of Public Health licenses
and regulates water bottlers, distributors, and vendors. Existing
law prescribes various quality and labeling standards for bottled
water and limits the levels of certain contaminants that may be
contained in those water products. Violation of these provisions is a
crime.
This bill would authorize the operator of an advanced water
purification facility to cause advanced purified demonstration water
to be bottled and distributed as samples for educational purposes and
to promote water recycling, as specified. The bill would prohibit
the advanced purified demonstration water in each bottle from
exceeding 8 ounces and would prohibit that water from being
distributed unless the water, among other requirements, meets or
exceeds all federal and state drinking water standards. The bill
would authorize advanced purified demonstration water to be bottled
at a licensed water-bottling plant in compliance with specified
provisions. The bill would further establish bottling and labeling
requirements for advanced purified demonstration water and would
prohibit a facility from causing more than 1,000 gallons of the water
to be bottled in a calendar year. The bill would require an operator
of an advanced water purification facility seeking to bottle
advanced purified demonstration water to establish a collection and
recycling program for distributed bottles. The bill would require the
operator to maintain a daily record of the number of individuals to
whom the water is distributed, served, made available, or otherwise
distributed and to submit a report based on those records, as
specified and under penalty of perjury, to the state board. By
creating a new crime, this bill would impose a state-mandated local
program.
This bill would require a bottler of advanced purified
demonstration water to submit sample labels and specified analyses of
the advanced purified demonstration water to the department and to
conduct a full sanitation of the bottling and filling equipment
immediately after bottling advanced purified demonstration water.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 111070.5 is added to the Health and Safety
Code, to read:
111070.5. (a) "Advanced purified demonstration water" means
product water from an advanced water purification facility that
satisfies both of the following requirements:
(1) The product water is treated by all of the following treatment
processes:
(A) Microfiltration, ultrafiltration, or other filtration process
that removes particulates before reverse osmosis.
(B) Reverse osmosis.
(C) Advanced oxidation.
(2) The product water meets or exceeds all federal and state
drinking water standards and is produced in accordance with the
advanced treatment criteria for purified water specified in Section
60320.201 of Title 22 of the California Code of Regulations.
(b) A bottler of advanced purified demonstration water shall do
all of the following:
(1) Submit sample labels to the department for review at least 30
days before bottling advanced purified demonstration water.
(2) Submit the analyses of the advanced purified demonstration
water required under subdivision (e) of Section 13570 of the Water
Code to the department at least seven days before bottling advanced
purified demonstration water.
(3) Conduct a full sanitation of the bottling and filling
equipment immediately after bottling advance purified demonstration
water.
SEC. 2. Section 13570 is added to the Water Code, to read:
13570. (a) As used in this section, "advanced purified
demonstration water" means product water from an advanced water
purification facility that satisfies both of the following
requirements:
(1) The product water is treated by means of all of the following
treatment processes:
(A) Microfiltration, ultrafiltration, or other filtration
processes to remove particulates before reverse osmosis.
(B) Reverse osmosis.
(C) Advanced oxidation.
(2) The product water meets or exceeds all federal and state
drinking water standards and is produced in accordance with the
advanced treatment criteria for purified water specified in Section
60320.201 of Title 22 of the California Code of Regulations.
(b) As used in this section, "advanced water purification facility"
means a water recycling treatment plant that produces advanced
purified demonstration water in accordance with the advanced
treatment criteria specified in Section 60320.201 of Title 22 of the
California Code of Regulations.
(c) As used in this section, "batch" means an increment of
advanced purified treatment water that has completed the treatment
process, is separate from incoming water, and is not receiving any
additional source water.
(d) Except as expressly set forth in this section, the operator of
an advanced water purification facility may cause advanced purified
demonstration water to be bottled and distributed as samples for
educational purposes and to promote water recycling, without
complying with the requirements of Article 12 (commencing with
Section 111070) of Chapter 5 of Part 5 of Division 104 of the Health
and Safety Code. The volume of advanced purified demonstration water
in each bottle shall not exceed eight ounces.
(e) Any operator of an advanced water purification facility
seeking to bottle advanced purified demonstration water shall collect
water samples from the batch prior to the commencement of the
bottling process, and test that batch in accordance with Section
111165 of the Health and Safety Code. Advanced purified demonstration
water shall not be distributed unless the following requirements are
met:
(1) The water meets or exceeds all federal and state drinking
water standards, including all maximum contaminant levels applicable
to public drinking water systems.
(2) The advanced water purification facility meets or exceeds all
purification requirements imposed by regulatory agencies to produce
the advanced purified demonstration water, including the removal of
constituents of emerging concern where the removal is otherwise
required of an advanced water purification facility.
(3) The water is produced using a treatment process that is
consistent with the advanced treatment criteria for purified water
specified in Section 60320.201 of Title 22 of the California Code of
Regulations and, if established by the state board, in accordance
with any uniform statewide water recycling criteria developed for the
direct potable reuse of recycled water.
(f) (1) Advanced purified demonstration water may be bottled only
at a licensed water-bottling plant in compliance with Sections
111070.5, 111080, 111120, 111145, and 111155 of the Health and Safety
Code.
(2) Before bottling advanced purified demonstration water, an
advanced water purification facility shall follow all pretreatment
and labeling regulations for water bottling, including the
requirements described in Section 111070.5 of the Health and Safety
Code and the requirements for bottled water and vended water pursuant
to Section 111080 of the Health and Safety Code.
(g) Advanced purified demonstration water shall be handled from
the point of production to the completion of bottling in accordance
with all regulations governing the transportation, bottling,
labeling, and handling of bottled water, as defined in subdivision
(a) of Section 111070 of the Health and Safety Code, including, but
not limited to, subdivisions (a), (b), (f), and (h) of Section 111075
of the Health and Safety Code and Section 111070.5 of the Health and
Safety Code. A water-bottling plant that bottles advanced purified
demonstration water in accordance with this section may also bottle
potable water, subject to compliance with Article 12 (commencing with
Section 111070) of Chapter 5 of Part 5 of Division 104 of the Health
and Safety Code.
(h) An advanced water purification facility shall not provide
bottled advanced purified demonstration water to any person under 18
years of age without the consent of that person's parent or legal
guardian.
(i) An advanced water purification facility shall not provide
advanced purified demonstration water for human consumption, as
defined in Section 116275 of the Health and Safety Code, including,
but not limited to, in bottles, to more than 25 individuals per day
for 60 or more days in a calendar year.
(j) Advanced purified demonstration water shall be bottled in
nonreturnable (one-way) bottles or packages with labels containing
the following information in an easily readable format that complies
with all of the following:
(1) The label shall state "sample water--not for sale" and
"Advanced Purified Water Sourced From Wastewater."
(2) The label shall set forth the name, address, telephone number,
and Internet Web site of the operator of the facility producing the
advanced purified demonstration water.
(3) The label shall include a brief description of the advanced
purified demonstration water, including its source and the treatment
processes to which the water is subjected.
(k) A single advanced water purification facility shall not cause
more than 1,000 gallons of advanced purified demonstration water to
be bottled in a calendar year.
(l) Advanced purified demonstration water shall not be sold or
otherwise distributed in exchange for financial consideration.
(m) Any operator of an advanced water purification facility
seeking to bottle advanced purified demonstration water shall
establish a collection and recycling program for distributed bottles.
(n) The operator of an advanced water purification facility that
is bottling advanced purified demonstration water shall do all of the
following:
(1) Maintain a daily record of the number of individuals to whom
advanced purified demonstration water is distributed, served, made
available, or otherwise provided, including, but not limited to, from
a bottle.
(2) Compile a report of all daily records described in paragraph
(1) for each calendar year.
(3) Certify under penalty of perjury that the report is accurate.
(4) 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.
(o) This section does not exempt an advanced water purification
facility from any standard for bottling water imposed pursuant to
federal law.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
