BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2022 (Gordon) - Advanced purified water
          
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          |Version: March 31, 2016         |Policy Vote: E.Q. 7 - 0         |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: June 27, 2016     |Consultant: Narisha Bonakdar    |
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          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  







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          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.










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          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  








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          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.







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