BILL NUMBER: AB 2606	CHAPTERED  09/03/02

	CHAPTER  317
	FILED WITH SECRETARY OF STATE  SEPTEMBER 3, 2002
	APPROVED BY GOVERNOR  AUGUST 30, 2002
	PASSED THE ASSEMBLY  AUGUST 20, 2002
	PASSED THE SENATE  AUGUST 14, 2002
	AMENDED IN SENATE  JUNE 11, 2002
	AMENDED IN ASSEMBLY  APRIL 29, 2002
	AMENDED IN ASSEMBLY  APRIL 8, 2002

INTRODUCED BY   Assembly Member Harman

                        FEBRUARY 21, 2002

   An act to amend Section 13540 of the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2606, Harman.  Recycled water.
   Existing law prohibits any person from constructing, maintaining,
or using any waste well that extends into a subterranean
water-bearing stratum that is used or intended to be used as a source
of water supply for domestic purposes prior to a finding by the
State Department of Health Services, after a public hearing, that the
proposed recharge by direct injection will not impair the quality of
water in the receiving aquifer as a source of domestic water supply.

   This bill would require the State Department of Health Services to
determine that the proposed recharge by direct injection will not
degrade, rather than impair, the quality of water in the receiving
aquifer as a source of domestic water supply.
   The bill would also require the department, when making the
described findings, to consider a certain antidegradation policy
adopted by the State Water Resources Control Board and current and
potential future public health consequences of the controlled
recharge.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13540 of the Water Code is amended to read:
   13540.  (a) No person shall construct, maintain or use any waste
well extending to or into a subterranean water-bearing stratum that
is used or intended to be used as, or is suitable for, a source of
water supply for domestic purposes.
   (b) (1) Notwithstanding subdivision (a), when a regional board
finds that water quality considerations do not preclude controlled
recharge of the stratum by direct injection, and when the State
Department of Health Services, following a public hearing, finds the
proposed recharge will not degrade the quality of water in the
receiving aquifer as a source of water supply for domestic purposes,
recycled water may be injected by a well into the stratum.  The State
Department of Health Services may make and enforce any regulations
pertaining to this subdivision as it deems proper.
   (2) Nothing in this section shall be construed to do either or
both of the following:
   (A) Affect the authority of the state board or regional boards to
prescribe and enforce requirements for the discharge.
   (B) Preempt the exercise by a water district of its existing
ordinance authority to impose or implement stricter standards for
protecting groundwater quality in the receiving aquifer.
   (c) When the State Department of Health Services makes the
findings provided for in subdivision (b), the department shall
consider the state board's Statement of Policy with Respect to
Maintaining High Quality of Waters in California, as set forth in
Resolution 68-16, dated October 28, 1968, and shall also consider
current and potential future public health consequences of the
controlled recharge.