BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 334
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          ASSEMBLY THIRD READING
          AB 334 (Goldberg)
          As Amended April 10, 2003
          Majority vote 

           ENVIRONMENTAL SAFETY             5-2                            
           
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          |Ayes:|Laird, Chu, Levine,       |     |                          |
          |     |Lieber, Lowenthal         |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Aghazarian, Maddox        |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Authorizes local agencies to adopt regulations  
          governing water softeners or conditioning appliances that  
          discharge to the community sewer system.  Specifically,  this  
          bill  :

          1)Eliminates the findings requirement with which a local agency  
            must comply in order to regulate self-regenerating water  
            softeners.

          2)Authorizes a city, county, city and county, district, or any  
            other political subdivision of the state, by ordinance, to  
            limit the availability or use, or prohibit the installation,  
            of water softening or conditioning appliances that discharge  
            to the community sewer system.

           EXISTING LAW :

          1)Authorizes local agencies to adopt ordinances regulating  
            self-generating water softeners if the ordinance contains the  
            following findings:

             a)   Local agency is out of compliance with its waste  
               discharge permit;

             b)   Self-generating water softener control is the only  
               available means of achieving compliance; and,

             c)   Non-residential saline discharges have been limited to  
               the extent technologically and economically feasible.









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          2)Requires the findings to be substantiated by an independent  
            study of all sources of salinity that quantifies each source  
            and the actions taken to reduce discharges.

          3)Required the State Department of Water Resources (DWR) to  
            convene a 2002 Recycled Water Task Force (Task Force), with  
            specified membership, to advise DWR in investigating the  
            opportunities for using recycled water in industrial and  
            commercial applications and in identifying impediments and  
            constraints to increasing the industrial and commercial use of  
            recycled water, and requires a report to the Legislature, with  
            recommendations on specified topics, no later than July 1,  
            2003.

           FISCAL EFFECT  :  Unknown






































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           COMMENTS  :

          1)Water softening process:  Natural waters contain minerals  
            which give water its characteristic physical and chemical  
            properties.  The minerals are dissolved in the water, and if  
            water is evaporated, these minerals will remain behind as a  
            crust or film.  Minerals that can be readily re-dissolved by  
            water are called "soft," such as common table salt or sodium  
            chloride.  Minerals that do not readily re-dissolve in water  
            are called "hard," such as calcium carbonate, or chalk.  With  
            repeated evaporation, calcium carbonate can build up and  
            appear hard and crusty, or spot glass and other highly  
            polished or transparent surfaces with a milky white haze,  
            which is not easily removed.

          Calcium carbonate can be removed from natural waters with a  
            water softener.  Water softeners contain ion exchange resins  
            which trap the calcium in water and release sodium in its  
            place.  For every calcium ion trapped, two sodium ions are  
            released.  This is because the calcium ion has a double  
            positive charge while sodium ion has a single positive charge.  
             In ion exchange processes, the charges must balance out.

          When a resin has exchanged all of its sodium ions for calcium  
            ions, it needs to be recharged.  In the exchange process, a  
            very high salt concentration floods the resin which causes the  
            resin to release its hold on the calcium ions and grab two  
            sodium ions in its place.  The final step in the process is to  
            flush the brine from the resin to restore its calcium trapping  
            capacity.  This brine contains all the calcium ions previously  
            trapped plus the excess salt needed to ensure that the resin  
            is fully recharged with sodium ions.

          2)Water softeners can be divided into two general categories.

             a)   Exchangeable tank water softeners:  The first category  
               consists of devices that use exchangeable tanks containing  
               the ion exchange resin.  When the resin requires  
               regeneration, the tank containing it is exchanged for  
               another, and the first tank is sent to an offsite  
               commercial facility for regeneration.  This bill does not  
               affect the use of exchangeable tank water softeners; and,

             b)   Self-generating water softeners:  The regeneration of  
               these appliances is initiated manually, by a timing device,  








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               or by a system that senses when the ion exchange resin is  
               close to exhaustion and regeneration is required.   
               Self-generating water softeners discharge the waste brine  
               from the regeneration process directly to the sewer.  This  
               bill would allow local agencies to regulate this category  
               of water softeners.

          3)According to the author, over the last few decades, increasing  
            numbers of residents in California have installed  
            self-generating water softeners in their homes to reduce  
            problems, primarily aesthetic in nature, caused by hard water.  
             On average, each self-generating water softener adds  
            approximately 40 lbs. of salt per month to the sewer.  The use  
            of self-regenerating softeners has led to increased salt in  
            the water discharged to the sewer, which is subsequently  
            reused for various purposes or discharged to local waterways  
            following treatment.  However, the treatment processes used by  
            a majority of local agencies do not remove salts and adding  
            treatment to do so is costly.


































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          4)Brief history:

             a)   The conflict of this bill began decades ago.  In 1978,  
               SB 2148 (Campbell) was passed, in favor of the water  
               softener industry and water consumers.  Senator Campbell  
               stated that the intent behind SB 2148 was threefold:

               i)     To ensure that water consumers would be able to  
                 enjoy the benefits of softened water at a reasonable  
                 cost;

               ii)    To require that water softeners meet a statewide  
                 numerical efficiency standard - namely the removal of 6.5  
                 ounces of the dissolved solids that cause hard water for  
                 each pound of salt used to regenerate the water  
                 softeners; and,

               iii)   To prohibit local jurisdictions from outlawing the  
                 sale and use of self-generating water softeners by  
                 enacting a state statute that preempts local ordinances.

             b)   Since the enactment of SB 1248, local agencies around  
               the state enacted ordinances or rules regulating or banning  
               the use of self-regenerating water softeners.  These  
               ordinances were challenged in court and were found to be  
               invalid by at least two state district courts of appeal in  
                Water Quality Association vs. County of Santa Barbara   
               (1996) and  Water Quality Association vs. City of Escondido   
               (1997).  In both cases, the courts held that local  
               ordinances regulating or banning self-regenerating water  
               softeners to be void because state law regulating water  
               softeners preempted local control by occupying the field.   
               The courts went on to say that if local agencies desired to  
               further restrict on-site regenerating residential water  
               softeners, they must seek amendment or repeal of existing  
               state statutes.  These cases resulted in the invalidation  
               of over 140 local ordinances that previously curtailed the  
               use of these water softeners in California communities;

             c)   SB 1006 (Costa), Chapter 969, Statutes of 1999,  
               partially followed through on the courts' recommendations.   
               SB 1006 required higher efficiency levels for residential  
               self-generating water softeners and put in place a set of  
               criteria under which local agencies are able to regulate  
               softeners.  Supporters contend that even the most efficient  








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               softeners still allow an excessive amount of salt into  
               local wastewater and the criteria for local regulation is  
               incredibly onerous in practice; and, 

             d)   AB 331 (Goldberg), Chapter 590, Statutes of 2001,  
               established the Task Force to identify impediments to the  
               use of recycled water.   At its January 10, 2003 meeting,  
               the Task Force approved the following recommendation for  
               legislation:  "Adopt legislation to increase local  
               flexibility to regulate water softeners."  The Task Force  
               has released a draft of its final report incorporating the  
               approved recommendation and it is scheduled to approve the  
               final report for submission to the Legislature on April 29,  
               2003.

          5)Opposition contends that the criteria set forth in SB 1006  
            should remain.  Opposition argues that supporters of this bill  
            are going back on SB 1006 which they considered a bi-partisan  
            coalition and a "meeting of the minds" of both sides.   
            However, supporters of this bill assert that they are not  
            breaking any deals.  Rather, they are carrying out the  
            recommendations of the Task Force.

          6)Recycled water is viewed as an important component of  
            California's future water supply.  Excessive quantities of  
            salt added to recycled water can push recycled water agencies  
            into non-compliance with their water quality permits and make  
            the recycled water unmarketable for irrigation and industrial  
            uses.  According to supporters, a recent study suggests that  
            self-generating water softeners alone contribute about  
            one-third of the salt load in recycled water.  The only other  
            larger source is the freshwater supply itself, which cannot be  
            directly controlled by local agencies. 

          7)The author states that concerns about salt in wastewater are  
            not only related to impacts on recycled water use.  Local  
            agencies, primarily in the coastal plains and isolated inland  
            valleys, are concerned about the accumulation of salts in  
            groundwater basins that are used for drinking and irrigation  
            purposes.  The author asserts that this bill will help these  
            local agencies reduce the salinity of their wastewater  
            discharges and protect their water supplies.

          8)The author states that while it is convenient for homeowners  
            to soften water with a self-regenerating water softener, such  








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            softening can adversely impact the entire community through  
            the loss of valuable water resources or vastly increased  
            wastewater treatment costs.  Although use of a  
            self-regenerating water softener may appear to be  
            cost-effective for a homeowner, the economics are shifted when  
            the environmental cost of removing the softener's brine waste  
            from wastewater is considered.

          The author cites an example at a southern California agency  
            serving a community of 150,000 people.  The agency estimates  
            that if chloride levels in wastewater (and recycled water) are  
            not cut in half in the next five years, an advanced treatment  
            system (microfiltration and reverse osmosis) and brine  
            disposal facilities (45-mile brine line and ocean outfall)  
            will have to be built at a cost of over $400 million.  The  
            rate impacts on the community would be severe, no matter how  
            the costs are apportioned.  To increase the rates on the  
            entire community would be four to five times the current  
            level.  To require only these residents using  
            self-regenerating water softeners would cost each household  
            about $2,000/year.  A question arises as to whether an entire  
            community should bear the burden of paying for the  
            consequences of actions by those who choose to use  
            self-generating water softeners.


           Analysis Prepared by  :    Joanne Wong / E.S. & T.M. / (916)  
          319-3965 


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