Today's Law As Amended


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SB-166 Process water treatment systems: breweries.(2019-2020)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) California’s breweries are an important partner in meeting water conservation goals, and many have expressed interest in exploring new and innovative ways of saving and reusing water.
(b) The voluntary onsite treatment and reuse of process water, for both potable and nonpotable applications, can provide breweries with a valuable mechanism for reducing water demand, alongside other options, such as efficiency.
(c) A typical brewery can use up to five to seven gallons of water to produce one gallon of beer. By treating and reusing process water onsite, use can be reduced to as low as two gallons of water per gallon of beer.
(d) While local programs encouraging onsite process water treatment and reuse have shown early success, clear and consistent statewide standards are needed to further enable the voluntary reuse of process water at breweries of all sizes.

SEC. 2.

 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
13559.
 (a) On or before December 1, 2025, the state board, in consultation with the State Department of Public Health, Food and Drug Branch (food and drug branch), shall adopt regulations for microbiological, chemical, and physical water quality and treatment requirements for the voluntary onsite treatment and reuse of process water in breweries that are required to obtain a processed food registration license from the 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 from sources such as filtration, production, and packing for nonpotable applications such as tank rinses, bottle rinses, packaging, clean-in-place, and production, consistent with Section 13558, and potable applications such as producing a source water for beer 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 shall do both of the following:
(1) Provide a report to the state board and the food and drug branch at the time onsite treatment and reuse of process water begins in the brewery and annually thereafter with the renewal of the processed food registration license that includes the sources of the process water, the end uses of the treated process water, a 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, process water treatment systems operating under this section in a brewery at the direction of the food and drug branch. The food and drug branch shall consult with the state board regarding whether the process water treatment system is in compliance with the regulations adopted pursuant to subdivision (a) before taking action to require termination. The food and drug branch shall provide information to the entity that implements a process water treatment system in a brewery explaining why use of treated water from the process water treatment system is being prohibited, and, as warranted, shall grant that entity a reasonable opportunity to come into compliance with the relevant regulations instead of requiring termination of the process water treatment system.
(c) A process water treatment system in a brewery in operation before the effective date of the regulations adopted pursuant to subdivision (a) shall be in full compliance with the regulations within two years of the effective date of the regulations, but may continue to operate prior to the compliance deadline so long as the water produced by the process water treatment system for use in brewery operations is and remains of safe and sanitary quality during the interim period. 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 food and drug branch may grant an extension to comply with the regulations not to exceed five years after the effective date of the regulations, provided that the water produced by the process water treatment system for use in brewery operations is and remains of safe and sanitary quality during the extension. If the water is found to be of unsafe or unsanitary quality, the food and drug branch shall provide information to the entity operating the process water treatment system explaining why use of the water is being prohibited.
(d) The state board may contract with public or private entities for advice on public health issues and scientific and technical matters regarding the content of the regulations adopted pursuant to subdivision (a).
(e) Before beginning onsite process water reuse, a brewery engaging in onsite reuse using a process water treatment system under this section shall consult with the water and wastewater service providers in its service area that would potentially be impacted by operation of the process water treatment system.
(f) This section does not apply to water treatment systems that treat water that is not reused at the brewery or in the brewing process such as pretreatment water systems that pretreat water before delivery to sanitation or other water agencies.
(g) Notwithstanding subdivision (a) of Section 13558.1, a brewery may install and operate an onsite process water treatment system pursuant to this section.