BILL NUMBER: AB 334	CHAPTERED  08/04/03

	CHAPTER  172
	FILED WITH SECRETARY OF STATE  AUGUST 4, 2003
	APPROVED BY GOVERNOR  AUGUST 3, 2003
	PASSED THE SENATE  JULY 17, 2003
	PASSED THE ASSEMBLY  MAY 27, 2003
	AMENDED IN ASSEMBLY  MAY 19, 2003
	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Goldberg

                        FEBRUARY 7, 2003

   An act to amend Section 116786 of the Health and Safety Code,
relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 334, Goldberg.  Water softening and conditioning appliances.
   Existing law authorizes a residential water softening or
conditioning appliance to be installed only if certain conditions are
met.
   Existing law provides, notwithstanding the above authorization,
that a local agency may, by ordinance, limit the availability, or
prohibit the installation, of residential water softening or
conditioning appliances that discharge to the community sewer system
if the local agency makes certain findings and includes them in the
ordinance.
   This bill would revise the findings that the local agency is
required to make and include in the ordinance under this provision.


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


  SECTION 1.  Section 116786 of the Health and Safety Code is amended
to read:
   116786.  (a) Notwithstanding subdivision (b) of Section 116785, a
local agency may, by ordinance, limit the availability, or prohibit
the installation, of residential water softening or conditioning
appliances that discharge to the community sewer system if the local
agency makes all of the following findings and includes them in the
ordinance:
   (1) Limiting the availability, or prohibiting the installation, of
the appliances is a necessary means of achieving compliance with
waste discharge requirements issued by a California regional water
quality control board.  In determining a necessary means of achieving
compliance, the local agency shall assess both of the following:
   (A) The technological and economic feasibility of alternatives to
the ordinance.
   (B) The potential saline discharge reduction of the ordinance.
   (2) The local agency has adopted and is enforcing regulatory
requirements that limit the volumes and concentrations of saline
discharges from nonresidential sources in the community waste
disposal system to the extent technologically and economically
feasible.
   (b) Notwithstanding subdivision (b) of Section 116785, a local
agency may, by ordinance, limit the availability, or prohibit the
installation, of residential water softening or conditioning
appliances that discharge to the community sewer system if the local
agency makes all of the following findings and includes them in the
ordinance:
   (1) Limiting the availability, or prohibiting the installation, of
the appliances is a necessary means of achieving compliance with the
water reclamation requirements or the master reclamation permit
issued by a California regional water quality control board.  In
determining a necessary means of achieving compliance, the local
agency shall assess both of the following:
   (A) The technological and economic feasibility of alternatives to
the ordinance.
   (B) The potential saline discharge reduction of the ordinance.
   (2) The local agency has adopted, and is enforcing, regulatory
requirements that limit the volumes and concentrations of saline
discharges from nonresidential sources to the community waste
disposal system to the extent technologically and economically
feasible.
   (c) Local agency findings shall be substantiated by an independent
study of discharges from all sources of salinity, including, but not
limited to, residential water softening or conditioning appliances,
residential consumptive use, industrial and commercial discharges,
and seawater or brackish water infiltration and inflow into the sewer
collection system.  The study shall quantify, to the greatest extent
feasible, the total discharge from each source of salinity and
identify remedial actions taken to reduce the discharge of salinity
into the community sewer system from each source, to the extent
technologically and economically feasible, to bring the local agency
into compliance with waste discharge requirements, water reclamation
requirements, or a master reclamation permit, prior to limiting or
prohibiting the use of residential water softening or conditioning
appliances.
   (d) Any ordinance adopted pursuant to this section shall be
prospective in nature and may not require the removal of residential
water softening or conditioning appliances that are installed before
the effective date of the ordinance.
   (e) To comply with this section, any local agency described in
subdivision (f) of Section 116780 is authorized to adopt an
ordinance.
   (f) This section shall become operative on January 1, 2003.