CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 166

Introduced by Senator Wiener
(Coauthors: Senators Glazer and Stone)
(Coauthor: Assembly Member Voepel)

January 28, 2019

An act to add Article 9 (commencing with Section 13559) to Chapter 7 of Division 7 of the Water Code, relating to water quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 166, as introduced, Wiener. Process water treatment systems: breweries and wineries: water quality criteria.
Existing law requires the State Water Resources Control Board to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. Existing law requires, on or before December 1, 2022, the state board, in consultation with specified state agencies, to adopt regulations for risk-based water quality standards for the onsite treatment and reuse of nonpotable water, as provided.
This bill would require the state board, on or before December 1, 2025, in consultation with the State Department of Public Health – Food and Drug Branch, to adopt regulations for microbiological, chemical, and physical water quality and treatment requirements for the onsite treatment and reuse of process water in breweries and wineries. The bill would require a process water treatment system in a brewery or winery to comply with the regulations within 2 years of the effective date of the regulations. The bill would require an entity that implements a process water treatment system in a brewery or winery to submit a report containing specified information to the department, as provided, and to terminate the operation of, and modify to render inoperable, any process water treatment system in a brewery and winery at the direction of the state board.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 9 (commencing with Section 13559) is added to Chapter 7 of Division 7 of the Water Code, to read:
Article  9. Water Quality Criteria for Process Water Treatment Systems in Breweries and Wineries

13559.
 (a) On or before December 1, 2025, the state board, in consultation with the State Department of Public Health – Food and Drug Branch, shall adopt regulations for microbiological, chemical, and physical water quality and treatment requirements for the onsite treatment and reuse of process water in breweries and wineries that are required to obtain a processed food registration license from the State Department of Public Health – Food and Drug Branch. The state board shall address in those regulations, at a minimum, all of the following:
(1) Microbiological, chemical, and physical water quality and treatment requirements for the use of process water in breweries and wineries from sources such as filtration, production, and packing for nonpotable applications such as tank rinses, bottle rinses, packaging, clean-in-place, and production, and potable applications such as producing a source water for beer or wine made and consumed onsite and packaged products for sale.
(2) Water quality monitoring requirements.
(3) Reporting requirements for the water quality monitoring results.
(4) Notification and public information requirements.
(5) Cross-connection controls.
(b) An entity that implements a process water treatment system in a brewery or winery shall do both of the following:
(1) Provide a report, at the time of the brewery’s or winery’s initial processed food registration license and annually thereafter with the renewal of the processed food registration license, to the State Department of Public Health – Food and Drug Branch that includes the sources of the process water, the end uses of the treated process water, description of the treatment process used, water quality monitoring data, and the address and telephone number at which the entity can be reached for additional information on the water quality of the process water.
(2) Terminate the operation of, and modify to render inoperable, any process water treatment system in a brewery and winery at the direction of the state board.
(c) A process water treatment system in a brewery or winery in operation before the effective date of the regulations adopted pursuant to subdivision (a) shall comply with the regulations within two years of the effective date of the regulations. If an entity is working to come into compliance with the regulations, but due to extenuating circumstances related to the engineering, repair, or replacement of the system a further extension is warranted, the state board may grant an extension to comply with the regulations not to exceed five years after the effective date of the regulations.
(d) The state board may contract with public or private entities to advise the state board on public health issues and scientific and technical matters regarding the content of the regulations adopted pursuant to subdivision (a).