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