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AB-60 Water conservation: water meters: accuracy standards.(2019-2020)



Current Version: 02/25/19 - Amended Assembly

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AB60:v98#DOCUMENT

Amended  IN  Assembly  February 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 60

Introduced by Assembly Member Friedman

December 03, 2018

An act to add Chapter 10 (commencing with Section 119410) to Part 15 of Division 104 of Section 25401.8 to the Health and Safety Public Resources Code, relating to sunscreen. water conservation.


LEGISLATIVE COUNSEL'S DIGEST


AB 60, as amended, Friedman. Sunscreen: oxybenzone and octinoxate. Water conservation: water meters: accuracy standards.
Existing law requires the State Energy Resources Conservation and Development Commission to establish design and construction standards and energy and water conservation design standards for new residential and new nonresidential buildings to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including energy associated with the use of water. Existing law requires the commission to establish minimum levels of operating efficiency to promote the use of energy and water efficient appliances, including landscape irrigation equipment.
This bill would require the commission, on or before January 1, 2022, to adopt regulations setting standards for the accuracy of water meters, as described. The bill would prohibit any water meter manufactured on or after the effective date of those regulations from being sold or offered for sale in the state, or installed by a water purveyor, unless it is certified by the manufacturer to be in compliance with those standards. Notwithstanding these provisions, the bill would require the regulations to include an exception for purchase of a noncompliant water meter pursuant to a contract entered into before January 1, 2020, and the subsequent installation of that water meter. The bill would allow a water purveyor to maintain water meters that are installed as of the effective date of the regulations, or pursuant to that exception, until the end of their useful service, as determined by the water purveyor.

The existing Medical Waste Management Act, administered by the State Department of Public Health, regulates the management, handling, and disposal of medical waste, as defined, including pharmaceutical waste. The act provides that transporting, storing, treating, disposing of, or causing the treatment or disposal of medical waste in a manner not authorized by permit or registration, or by the act, is a crime, except as specified.

This bill would prohibit the sale, offering of sale, or distribution for sale in the state, of any sunscreen that contains oxybenzone, as defined, or octinoxate, as defined, or both, without a prescription. The bill would make a violation of its provisions punishable by a civil penalty of no more than $500.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 25401.8 is added to the Public Resources Code, to read:

25401.8.
 (a) (1) On or before January 1, 2022, the commission shall adopt regulations setting standards for the accuracy of water meters described in Article 3.5 (commencing with Section 525) of Chapter 8 of Division 1 of the Water Code. Except as provided in paragraph (2), no water meter manufactured on or after the effective date of those regulations may be sold or offered for sale in the state, or installed by a water purveyor, unless it is certified by the manufacturer to be in compliance with those standards.
(2) Notwithstanding paragraph (1), the regulations adopted pursuant to paragraph (1) shall allow both of the following:
(A) If a water purveyor, before January 1, 2020, has entered into a contract to purchase a noncompliant water meter, fulfillment of that contract, and installation of that water meter, on or after the effective date of the regulations, regardless of the date of manufacture.
(B) Maintenance, by a water purveyor, of a noncertified or noncompliant water meter installed as of the effective date of the regulations, or pursuant to subparagraph (A), until the end of its useful service, as determined by the water purveyor.
(b) Regulations pursuant to subdivision (a) shall be adopted in accordance with the following guidelines:
(1) The commission may set separate accuracy standards for different types or classes of water meters as the commission deems appropriate.
(2) Accuracy standards shall be cost effective over the lifetime of a more accurate water meter required by those standards. In determining cost effectiveness, the commission shall consider both of the following:
(A) The value of the additional water measured by the more accurate water meter.
(B) The life-cycle cost to a water purveyor of the more accurate water meter.
(3) The commission shall consider relevant factors including, but not limited to, all of the following:
(A) The net benefits of reduced water consumption in the state that may be attributable to more accurate water meters.
(B) Costs and benefits to water users in the state.
(C) Economic impacts on California businesses.
(D) Alternative approaches and their associated costs.
(4) The commission may consider the most recent edition of the American Water Works Association’s Water Meters—Selection, Installation, Testing, and Maintenance, Manual M6.
(c) Paragraph (3) of subdivision (b) of, and paragraph (1) of subdivision (c) of, Section 25402 shall not apply to the regulations adopted under this section.

SECTION 1.Chapter 10 (commencing with Section 119410) is added to Part 15 of Division 104 of the Health and Safety Code, to read:
10.Sunscreen
119410.

(a)A person shall not sell, offer to sell, or distribute for sale in the state any sunscreen that contains octinoxate or oxybenzone, or both, without a prescription.

(b)A violation of this section is punishable by a civil penalty of not more than five hundred dollars ($500).

(c)For the purpose of this section, the following terms have the following meanings:

(1)“Octinoxate” means the chemical (RS)-2-ethylhexyl (2E)-3-(4-methoxyphenyl) prop-2-enoate under the International Union of Pure and Applied Chemistry chemical nomenclature registry, that has a chemical abstract service registry number 5466-77-3, the synonyms of which include, but are not limited to, ethylhexyl methoxycinnamate, octyl methoxycinnamate, Eusolex 2292, Neo Heliopan AV, NSC 26466, Parsol MOX, Parsol MCX, and Uvinul MC80, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.

(2)“Oxybenzone” means the chemical (2-Hydroxy-4-methoxyphenyl)-phenylmethanone under the International Union of Pure and Applied Chemistry chemical nomenclature registry, that has a chemical abstract service registry number 131-57-7, the synonyms of which include, but are not limited to, benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, Uvasorb MET/C, Syntase 62, UV 9, Uvinul 9, Uvinul M-40, Uvistat 24, usaf cy-9, Uniphenone-3U, 4-Methoxy-2-hydroxybenzophenone, and Milestab 9, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.

(3)“Prescription” has the same meaning as defined in Section 4040 of the Business and Professions Code.

(4)“Sunscreen” means a product marketed or intended for topical use to prevent sunburn. Sunscreen does not include products marketed or intended for use as a cosmetic, as defined in Section 1834.9.5 of the Civil Code.