BILL ANALYSIS AB 334 Page 1 ASSEMBLY THIRD READING AB 334 (Goldberg) As Amended April 10, 2003 Majority vote ENVIRONMENTAL SAFETY 5-2 ----------------------------------------------------------------- |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. AB 334 Page 2 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 AB 334 Page 3 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, AB 334 Page 4 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. AB 334 Page 5 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 AB 334 Page 6 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 AB 334 Page 7 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 FN: 0000612