BILL ANALYSIS Ó AB 2022 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2022 (Gordon) As Amended August 15, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |76-0 |(April 28, |SENATE: |38-0 |(August 18, | | | |2016) | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: E.S. & T.M. SUMMARY: Authorizes the bottling of advanced purified demonstration water, as defined, for educational purposes and to promote water recycling. The Senate amendments: 1)Add definitions to the Bottled, Vended, Hauled, and Processed Water statutes of the Health and Safety Code consistent with the new definitions added in the Direct and Indirect Potable Reuse statutes of the Water Code. 2)Require a bottler of advanced purified demonstration water to do all of the following: AB 2022 Page 2 a) Submit sample labels to the Department of Public Health (DPH) for review at least 30 days before bottling advanced purified demonstration water; b) Submit the analyses of the advanced purified demonstration water to DPH at least seven days before bottling advanced purified demonstration water; and, c) Conduct a full sanitation of the bottling and filling equipment immediately after bottling advance purified demonstration water. 3)Delete the requirement that the advanced purified demonstration water meets or exceeds all federal and state drinking water goals. 4)Clarify that advanced purified demonstration water shall be handled from the point of production to the completion of bottling in accordance with all regulations governing the labeling of bottled water, among other requirements. 5)Prohibit an advanced water purification facility from providing bottled advanced purified demonstration water to any person younger than 18 years of age without the consent of that person's parent or legal guardian. 6)Prohibit an advanced water purification facility from providing advanced purified demonstration water for human consumption to more than 25 individuals per day for 60 or more days in a calendar year. 7)Change the labeling requirements on the bottled advanced purified water from saying "advanced purified water meeting all federal and state drinking water standards" to "Advanced Purified Water Sourced From Wastewater." AB 2022 Page 3 8)Delete the exemption from the penalty provisions of the Sherman Food, Drug and Cosmetic Laws. 9)Require the operator of an advanced water purification facility that is bottling advanced purified demonstration water to do all of the following: a) Maintain a daily record of the number of individuals to whom advanced purified demonstration water is distributed, served, made available, or otherwise provided; b) Compile a report of all daily records for each calendar year; c) Certify under penalty of perjury that the report is accurate; and, d) 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 (State Water Board). 10)Make other clarifying and conforming changes. EXISTING LAW: 1)Authorizes the DPH to license and regulate manufacturers of bottled water and vended water. Establishes requirements for bottled, vended, hauled and processed water. 2)Requires the State Water Board to maintain a drinking water AB 2022 Page 4 program. 3)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. 4)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. FISCAL EFFECT: According to the Senate Appropriations Committee, should this bill be enacted, costs could be approximately $140,000 annually (Drinking Water Fund) for the State Water Board to oversee purification facilities, some or all of which may be offset by fees assessed on the purification facilities. COMMENTS: 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? 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." 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 United States Environmental Protection Agency (US EPA), recycled water can satisfy most water demands, as long as AB 2022 Page 5 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. Recent legislative and regulatory action on recycled water in California: Among other requirements, SB 918 (Pavley), Chapter 700, Statutes of 2010 and 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. 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 treated recycled water from projects that do not meet the definition of a public water system. The State Water Board has not approved the use of any recycled water, including advanced purified demonstration water, 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. AB 2022 Page 6 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 advanced purified demonstration water 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. 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 from treated wastewater. 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. Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965 AB 2022 Page 7 FN: 0004344