California Assembly Bill AB2539 Latest Draft

 BILL NUMBER: AB 2539AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 29, 2012 INTRODUCED BY Assembly Member Nielsen FEBRUARY 24, 2012 An act to amend  Section 116825   Sections 116830 and 116835  of the Health and Safety Code, relating to drinking water. LEGISLATIVE COUNSEL'S DIGEST AB 2539, as amended, Nielsen.  Water   Drinking water: water  treatment devices.  Existing law requires the State Department of Public Health to adopt regulations setting forth the criteria and procedures for certification of specified water treatment devices. Existing law provides that the regulations may adopt, by reference, the testing procedures and standards of one or more independent testing organizations, under certain circumstances. Existing law authorizes the department to accept a water treatment device certification issued by an agency of another state, by an independent testing organization, or by the federal government, under certain circumstances.   This bill would require the regulations to adopt, by reference, the testing procedures and standards of one or more independent testing organizations. This bill would require the regulations to specify a testing organization that is a certification body accredited by an accreditation body member of the International Accreditation Forum. This bill would require the department to accept a water treatment device certification issued by an agency of another state, by a certification body accredited by an accreditation body member of the International Accreditation Forum, or by the federal government, if the standards used to certify the device meet or exceed specified standards.   Existing law prohibits a water treatment device that makes product performance claims or product benefit claims that the device affects health or the safety of drinking water from being sold or otherwise distributed if the water treatment device has not been certified by the State Department of Public Health or by another entity, as specified. Existing law provides definitions for, among other terms, "water treatment device" and "department."   This bill would make a technical, nonsubstantive change to these provisions.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 116830 of the   Health and Safety Code   is amended to read:  116830. (a) The department shall adopt regulations setting forth the criteria and procedures for certification of water treatment devices that are claimed to affect the health or safety of drinking water. The regulations shall include appropriate testing protocols and procedures to determine the performance of water treatment devices in reducing specific contaminants from public or private domestic water supplies. The regulations  may   shall  adopt, by reference, the testing procedures and standards of one or more independent testing organizations  if the department determines that the procedures and standards are adequate to meet the requirements of this section . The regulations  may   shall  specify any testing organization that  the department has designated to conduct the testing of water treatment devices   is a certification body accredited by an accreditation body member of the International Accreditation Forum  . (b) The regulations required by subdivision (a) shall include minimum standards for the following: (1) Performance requirements. (2) Types of tests to be performed. (3) Types of allowable materials. (4) Design and construction. (5) Instruction and information requirements, including operational, maintenance, replacement, and estimated cost of these items. (6) Any additional requirements, not inconsistent with this article, as may be necessary to carry out this article. (c) The department or any testing organization designated by the department pursuant to this section may agree to evaluate test data on a water treatment device offered by the manufacturer of the water treatment device, in lieu of the requirements of this section, if the department or the testing organization determines that the testing procedures and standards used to develop the data are adequate to meet the requirements of this section.  SEC. 2.   Section 116835 of the   Health and Safety Code   is amended to read:  116835. (a) No water treatment device that makes product performance claims or product benefit claims that the device affects health or the safety of drinking water, shall be sold or otherwise distributed that has not been certified by the department or by another entity in accordance with subdivision (b). Water treatment devices not offered for sale or distribution based on claims of improvement in the healthfulness of drinking water need not be certified pursuant to this section. (b) The department  may   shall  accept a water treatment device certification issued by an agency of another state, by  an independent testing organization   a certification body accredited by an accreditation body member of the International Accreditation Forum  , or by the federal government in lieu of its own,  if the department determines that certification program meets the requirements of this article   if the standards used to certify the water treatment device meet or exceed those provided under subdivision (a) of Section 116830, as evidenced by a declaration submitted by the person seeking certification of the water treatment device  . (c) A water treatment device initially installed prior to the operative date of this section shall not require certification pursuant to Section 116830. (d) Subdivisions (a), (b), and (c) shall become operative one year after the effective date of the regulations adopted pursuant to Section 116830. Regulations adopted pursuant to that section shall be transmitted to the Legislature upon adoption.  SECTION 1.   Section 116825 of the Health and Safety Code is amended to read: 116825. Unless the context otherwise requires, the following definitions shall govern construction of this article: (a) "Water treatment device" means any point of use or point of entry instrument or contrivance sold or offered for rental or lease for residential use, and designed to be added to the plumbing system, or used without being connected to the plumbing of a water supply intended for human consumption in order to improve the water supply by any means, including, but not limited to, filtration, distillation, adsorption, ion exchange, reverse osmosis, or other treatment. "Water treatment device" does not include any device that is regulated pursuant to Article 12 (commencing with Section 111070) of Chapter 5 of Part 5. (b) "Department" means the State Department of Public Health. (c) "Person" means any individual, firm, corporation, or association, or any employee or agent thereof. (d) "Contaminants" means any health-related physical, chemical, biological, or radiological substance or matter in water.