BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  March 29, 2016


           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS


                                  Luis Alejo, Chair


          AB 2022  
          (Gordon) - As Amended March 28, 2016


          SUBJECT:  Advanced purified demonstration water


          SUMMARY:  Authorizes the bottling of advanced purified  
          demonstration water, as defined, for educational purposes and to  
          promote water recycling. Specifically, this bill:  


          1)Defines "advanced purified demonstration water" (APDW) as  
            product water from an advanced water purification facility  
            that satisfies both of the following requirements:

             a)   The product water is treated by means of all of the  
               following treatment processes:

               i)     Microfiltration, ultrafiltration, or other  
                 filtration processes to remove particulates before  
                 reverse osmosis;

               ii)    Reverse osmosis; 

               iii)   Advanced oxidation; and,

             b)   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  








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               specified in Section 60320.201 of Title 22 of the  
               California Code of Regulations (CCR).

          2)Defines "advanced water purification facility" as a water  
            recycling treatment plant that produces APDW in accordance  
            with CCR Section 60320.201.

          3)Defines "batch" as an increment of advanced purified treatment  
            water that has completed the treatment process, is separate  
            from incoming water, and is not receiving any additional  
            water. 

          4)Authorizes the operator of an advanced water purification  
            facility to cause that water to be bottled and distributed as  
            samples for educational purposes and to promote water  
            recycling.


          5)Exempts, from existing water bottling statute, the operator of  
            an advanced water purification facility who is causing that  
            water to be bottled and distributed as samples for educational  
            purposes and to promote water recycling.

          6)Requires any operator of an advanced water purification  
            facility seeking to bottle APDW to collect water samples from  
            the batch prior to the commencement of the bottling process,  
            and to have that batch tested by a certified laboratory.  

          7)Prohibits the distribution of APDW unless the following  
            requirements are met: 

             a)   The water meets or exceeds all federal and state  
               drinking water standards and goals, including all maximum  
               contaminant levels applicable to public drinking water  
               systems; 

             b)   All water purification requirements imposed by  
               regulatory agencies on the advanced water purification  
               facility used to produce APDW, including the removal of  








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               constituents of emerging concern where the removal is  
               otherwise required of an advanced water purification  
               facility by the State Water Board; and, 

             c)   The water is produced using a treatment process that is  
               consistent with the advanced treatment criteria for  
               purified water specified in CCR Section 60320.201 and, if  
               established by the State Water Board, in accordance with  
               any uniform statewide water recycling treatment criteria  
               developed for the direct consumption of ADPW.

          8)Requires APDW to be bottled at a licensed water-bottling plant  
            that is in compliance with specified provisions of water  
            bottling statute, including some labeling, licensing, and  
            testing provisions.

          9)Requires an advanced water purification facility, before  
            bottling APDW, to follow all pretreatment and labeling  
            regulations for water bottling, including the statutory  
            requirements for bottled water and vended water. 

          10)Requires APDW to be handled from the point of production to  
            the completion of bottling in accordance with all regulations  
            in specified provisions of the water bottling statute  
            governing the transportation, bottling, and handling of  
            bottled water. 

          11)Authorizes a water bottling plant that bottles APDW to also  
            bottle other potable water.

          12)Requires APDW to 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:

             a)   The label shall state "sample water--not for sale" and  
               "advanced purified water meeting all federal and state  
               drinking water standards;"









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             b)   The label shall set forth the name, address, telephone  
               number, and Internet Web site of the operator of the  
               facility producing the APDW; and,

             c)   The label shall include a brief description of the APDW,  
               including its source and the treatment processes to which  
               the water is subjected.

          13)Prohibits a single water purification facility from bottling  
            more than 1,000 gallons of APDW in a calendar year.

          14)Prohibits the sale and exchange of APDW.

          15)Requires an operator of an advanced water purification  
            facility seeking to bottle APDW to establish a collection and  
            recycling program for distributed bottles.  

          16)Exempts a person who violates the provisions of the bill from  
            penalties under the Sherman Food, Drugs, and Cosmetics laws.

          


          EXISTING LAW:  


          EXISTING FEDERAL LAW:


          1)Authorizes the Food and Drug Administration (FDA), under the  
            Federal Food, Drug, and Cosmetics Act, to regulate bottled  
            water products that are in interstate commerce.

          2)Authorizes the United States Environmental Protection Agency  
            (US EPA), under the Safe Drinking Water Act, to set national  
            health-based standards for drinking water to protect against  
            both naturally-occurring and anthropogenic contaminants.

          3)Requires, when US EPA sets a new standard for a contaminant in  








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            drinking water, that the FDA must establish a new standard for  
            the same contaminant in bottled water or find that US EPA's  
            new standard is not applicable to bottled water.

          EXISTING STATE LAW:


          1)Authorizes the Department of Public Health (DPH) to license  
            and regulate manufacturers of bottled water and vended water.  
            Establishes requirements for bottled, vended, hauled and  
            processed water. (Health and Safety Code (HSC) §111070 et  
            seq.)

          2)Requires, as a condition of licensure, water-bottling plants  
            to annually prepare a bottled water report, including  
            disclosure of the source of the bottled water, and to make the  
            report available to each customer. (HSC § 111071)

          3)Requires the State Water Board to maintain a drinking water  
            program. (HSC § 1116271 et seq.)

          4)Declares that a substantial portion of the future water  
            requirements of this state may be economically met by  
            beneficial use of recycled water.  Finds that the utilization  
            of recycled water by local communities for domestic,  
            agricultural, industrial, recreational, and fish and wildlife  
            purposes will contribute to the peace, health, safety and  
            welfare of the people of the state. (Water Code (WC) § 13511)

          5)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. (WC §  
            13521)

          6)States that although there has been much scientific research  
            on public health issues associated with indirect potable reuse  
            through groundwater recharge, there are a number of  
            significant unanswered questions regarding indirect potable  
            reuse through surface water augmentation and direct potable  








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            reuse. (WC § 13560 (d))

          7)Defines "direct potable reuse" as introducing recycled water  
            either directly into a public water system or into a raw water  
            supply immediately upstream of a water treatment plant;  
            "indirect potable reuse for groundwater recharge" as using  
            recycled water to replenish a groundwater basin or an aquifer  
            that has been designated as a source of water supply for a  
            public drinking water system; and, "surface water  
            augmentation" as placing recycled water into a surface water  
            reservoir used as a source of domestic drinking water supply.  
            (WC § 13561)

          8)Requires the State Water Board, by December 31, 2013, to adopt  
            uniform water recycling criteria for indirect potable reuse  
            for groundwater recharge. (WC § 13562(a)(1))

          9)Requires the State Water Board, by December 31, 2016, to  
            develop and adopt uniform water recycling criteria for surface  
            water augmentation.  (WC § 13562(a)(2)(A))

          10)Requires, prior to adopting water recycling criteria for  
            surface water augmentation, the State Water Board to submit  
            the proposed criteria to the expert panel, which is required  
            to review the proposed criteria and adopt a finding as to  
            whether, in its expert opinion, the proposed criteria would  
            adequately protect public health. (WC § 13562 (a)(2)(B))

          11)Prohibits the State Water Board from adopting uniform water  
            recycling criteria for surface water augmentation unless and  
            until the expert panel adopts a finding that the proposed  
            criteria would adequately protect public health. (WC §  
            13562(a)(2)(C)).

          12)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. (WC § 13563 (a))









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          13)Requires the State Water Board, in conducting the  
            investigation on direct potable reuse, to examine all of the  
            following, among other criteria:

             a)   The availability and reliability of recycled water  
               treatment technologies necessary to ensure the protection  
               of public health;

             b)   Multiple barriers and sequential treatment processes  
               that may be appropriate at wastewater and water treatment  
               facilities;

             c)   Available information on health effects;

             d)   Mechanisms that should be employed to protect public  
               health if problems are found in recycled water that is  
               being served to the public as a potable water supply; and,

             e)   Monitoring needed to ensure protection of public health,  
               including, but not limited to, the identification of  
               appropriate indicator and surrogate constituents. (WC §  
               13563 (b))

          14)Requires the State Water Board to convene and administer an  
            expert panel to advise it on public health issues and  
            scientific and technical matters regarding development of  
            uniform water recycling criteria for indirect potable reuse  
            through surface water augmentation and investigation of the  
            feasibility of developing uniform water recycling criteria for  
            direct potable reuse. (WC § 13565) 

          15)Delineates advanced treatment criteria for oxidized  
            wastewater.  (CCR, Title 22, §60320.201)

          FISCAL EFFECT:  Unknown.


          COMMENTS:  









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          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. For  
          years, this water has been safely and sustainably mixed into  
          groundwater basins and thus our drinking water supply, but the  
          public could only directly sample this purified water at a water  
          purification facility. 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. This water will not be sold; instead,  
          it will be used to demonstrate to a broader audience the  
          cutting-edge technology used to purify wastewater to  
          near-distilled water quality."

          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 US EPA, recycled water can satisfy most water demands, as  
          long as 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. By providing an additional source of  
          water, water recycling can decrease the diversion of water from  
          sensitive ecosystems. Other benefits include decreasing  
          wastewater discharges and reducing and preventing pollution.  
          Recycled water can also be used to create or enhance wetlands  
          and riparian habitats. 

          State water recycling policy:  In 2009, the State Water Board  
          adopted Resolution No. 2009-0011 to update the state's water  
          recycling policy.  This state policy includes the goal of  
          increasing the use of recycled water in the state over 2002  
          levels by at least 1 million acre feet per year by 2020 and by  
          at least 2 million acre feet per year by 2030.  State law  








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          recognizes that the use of recycled water for indirect potable  
          reuse is critical to achieving the State Water Board's goals for  
          increased use of recycled water for the state.  State law also  
          declares that the achievement of the state's goals depends on  
          the timely development of uniform statewide recycling criteria  
          for indirect and direct potable water reuse.  State law states  
          that although there has been much scientific research on public  
          health issues associated with indirect potable reuse through  
          groundwater recharge, there are a number of significant  
          unanswered questions regarding indirect potable reuse through  
          surface water augmentation and direct potable reuse.

          Recent legislative and regulatory action on recycled water in  
          California: SB 918 (Pavley, Chapter 700, Statutes of 2010)  
          revised the state's approach to regulating recycled water by  
          requiring DPH to establish uniform statewide recycling criteria  
          for each use of recycled water where the use involves the  
          protection of public health.  In 2014, all authority and  
          responsibility for the state's drinking water programs were  
          transferred from DPH to the State Water Board, including the  
          recycled water program (HSC § 1116271).

          SB 918 requires the (now) State Water Board to take action on  
          three uses of recycled water.  First, it required the State  
          Water Board, by December 31, 2013, to adopt uniform recycled  
          water criteria for indirect potable reuse for groundwater  
          recharge. The State Water Board has developed uniform  
          regulations authorizing the use of highly treated wastewater for  
          groundwater recharge, if specified requirements are met,  
          including a requirement that the treated wastewater must have a  
          residence time in the ground of at least two months, before  
          reaching drinking water intake pumps. These regulations went  
          into effect on June 18, 2014.  

          Second, SB 918 requires the State Water Board, by December 31,  
          2016, to develop and adopt uniform water recycling criteria for  
          surface water augmentation.  The law also requires the State  
          Water Board to convene and administer an expert panel to advise  
          it on public health, scientific, and technical matters regarding  








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          the development of uniform water recycling criteria for indirect  
          potable reuse through surface water augmentation.  The State  
          Water Board reports that it is currently working with the expert  
          panel and it is developing regulations for surface water  
          augmentation with recycled water.  It is on target to adopt  
          these regulations by December 31, 2016.  

          Finally, SB 918, and later 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.  Statue requires the State Water Board to examine  
          specific information, including the availability and reliability  
          of recycled water treatment technologies necessary to ensure the  
          protection of public health; barriers and treatment processes  
          that may be appropriate at wastewater and water treatment  
          facilities; available information on health effects; mechanisms  
          that should be employed to protect public health if problems are  
          found in recycled water that is being served to the public as a  
          potable water supply; and, monitoring needed to ensure  
          protection of public health.  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  








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          treated recycled water from projects that do not meet the  
          definition of a public water system per CCR, Title 22, Section  
          64400.  The State Water Board has not approved the use of any  
          recycled water, including APDW, 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.  
           

          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 APDW 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.  Although they typically exist in small  
          concentrations, there is growing concern about the impact of  
          constituents of emerging concern, and other unregulated  
          compounds, on public health and the environment.  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.  A joint project of the Orange  
          County Water District and the Orange County Sanitation District  








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          (which are also jointly sponsoring this bill), the GWRS takes  
          treated wastewater from the Orange County Sanitation District  
          and treats it further using microfiltration, reverse osmosis,  
          and ultraviolet light with hydrogen peroxide.  According to the  
          Orange County Water District, the product water is  
          near-distilled-quality.  Currently, roughly half of the purified  
          water from the GWRS 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.
           
          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.  They contend that public understanding  
          of the purity of this water is seen as a key requirement for  
          more widespread acceptance of potable reuse in California.

          Recent related bills:  
                                                                                          1)   SB 322 (Hueso, Chapter 637, Statutes of 2013).  This  
               bill adds additional requirements to the investigation and  
               expert panel requirements in SB 918 (Pavley, Chapter 700,  
               Statutes of 2010).  
             2)   SB 918 (Pavley, Chapter 700, Statutes of 2010).  This  
               bill requires DPH (the responsibility for recycled water  
               has since been shifted to the State Water Board) to adopt  
               uniform water recycling criteria for indirect potable water  
               reuse for groundwater recharge by December 31, 2013; to  
               develop and adopt uniform water recycling criteria for  
               surface water augmentation by December 31, 2016; and, to  
               investigate and report on the feasibility of developing  
               uniform water recycling criteria for direct potable reuse.








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             3)   AB 1100 (Duval, 2009).  This bill was very similar to AB  
               2200, as introduced, and would have allowed the bottling of  
               potable reuse demonstration water, as defined, to be  
               distributed, free of charge, for educational purposes or to  
               promote water recycling.  AB 1100 passed out the Assembly  
               Environmental Safety Committee on a 7 - 0 vote, but  
               subsequently failed passage in the Senate Environmental  
               Quality Committee.   


          Suggested amendments:  The Committee may wish to amend the bill  
          to: 


             1)   Limit the volume of each sample of bottled APDW  
               authorized to be distributed for educational purposes and  
               to promote water recycling to no more than eight ounces.



             2)   Clarify that this bill does not exempt an advanced  
               purified water facility from standards for bottling water  
               imposed under federal law.
          


          REGISTERED SUPPORT / OPPOSITION:




          Support  


          Orange County Sanitation District (Sponsor)
          Orange County Water District (Sponsor)
          WateReuse California (Sponsor)








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          Association of California Water Agencies
          CalDesal
          California Association of Sanitation Agencies
          California Coastal Protection Network
          California Coastkeeper Alliance
          California Municipal Utilities Association
          Costa Mesa Sanitary District
          Desal Response Group
          Eastern Municipal Water District
          Environmental Water Caucus
          Inland Empire Coastkeeper
          Irvine Ranch Water District
          Midway City Sanitation District
          Orange County Coastkeeper
          Orange County Water District
          Orange County Sanitation District
          Residents for Responsible Desalination
          Santa Barbara Coastkeeper
          Sierra Club Angeles Chapter
          Sierra Club California
          Southern California Watershed Alliance
          Surfrider Foundation
          Sustainable Silicon Valley


          Opposition


          None on file.




          Analysis Prepared by:Shannon McKinney / E.S. & T.M. / (916)  
          319-3965












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