BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2022 (Gordon) - Advanced purified water ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: March 31, 2016 |Policy Vote: E.Q. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: June 27, 2016 |Consultant: Narisha Bonakdar | | | | ----------------------------------------------------------------- This bill does not meet the criteria for referral to the Suspense File. Bill Summary:(1) AB 2022 authorizes the operator of an advanced water purification facility (facility) to bottle and distribute advanced purified water (water) as samples for educational purposes, under specified conditions. Fiscal Impact: Approximately $140,000 annually (Drinking Water Fund) for the State Water Resources Control Board (SWRCB) to oversee purification facilities, some or all of which may be offset by fees assessed on the purification facilities. Background: Recycled water: Recycled water is former wastewater that is treated to remove solids and impurities, and used for a direct beneficial purpose such as agricultural and landscape irrigation, industrial processes, toilet flushing, and replenishing groundwater basins. According the US Environmental AB 2022 (Gordon) Page 1 of ? Protection Agency, recycled water can satisfy most water demands, as long as it is adequately treated to ensure water quality appropriate for the use. Water recycling can also provide environmental benefits by decreasing the diversion of water from sensitive ecosystems, decreasing wastewater discharges, and reducing and preventing pollution. State water recycling policy: In 2009, the SWRCB adopted Resolution No. 2009-0011 to update the state's water recycling policy. This policy states 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. SWRCB has convened and is currently working with an expert panel to study the feasibility of direct potable reuse of recycled water. The panel is expected to release the report by December 31, 2016. Recycled water for direct consumption: In California, SWRCB's Division of Drinking Water (DDW), in conjunction with the appropriate Regional Water Quality Control Boards, is responsible for evaluating the treatment, production, distribution, and use of recycled water. The SWRCB has not approved the use of any recycled water, including advanced purified drinking water, for direct potable reuse. Orange County Groundwater Replenishment System (GWRS): 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. GWRS has been operational since January 2008. Treated water samples are currently offered to visitors, though they cannot be provided offsite. Proposed Law: This bill: 1)Authorizes the operator of a facility to bottle (up to eight ounces) and distribute the water if it meets or exceeds all federal and state drinking water standards and goals. 2)Establishes bottling and labeling requirements. AB 2022 (Gordon) Page 2 of ? 3)Prohibits a facility from bottling more than 1,000 gallons of water per calendar year. 4)Requires the facility operator to establish a collection and recycling program for distributed bottles. 5)Specifies that a violation of these provisions does not constitute a crime, but clarifies that the bill does not exempt a facility from any federal standard for bottling water. Related Legislation: SB 322 (Hueso, Chapter 637, Statutes of 2013) added additional requirements to the investigation and expert panel requirements in SB 918 (Pavley, Chapter 700, Statutes of 2010). SB 918 (Pavley, Chapter 700, Statutes of 2010) required California Department of Public Health (CDPH) 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. (The responsibility for recycled water has since been shifted to the SWRCB.) Staff Comments: This bill would exempt bottled water from the CDPH's statutory and regulatory requirements designed to ensure the safety of bottled water. Bottling plants that handle treated wastewater would fall under the SWRCB's jurisdiction as a public water system. (A public water system serves more than 25 people per day, more than 60 days per year.) The SWRCB would have to oversee purification facilities. Staff would be required to develop program guidance with input from stakeholders, industry and the public; provide initial review and approval of bottlers' proposed treatment, control, and AB 2022 (Gordon) Page 3 of ? monitoring processes; review weekly and monthly monitoring reports on facility performance from analytical laboratories; inspect purification facilities two times per year scheduled, and two times per year unscheduled; and conduct independent sampling for submittal to the SWRCB contract lab as check sampling. -- END --