BILL NUMBER: SB 1557 CHAPTERED 09/29/06 CHAPTER 671 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006 APPROVED BY GOVERNOR SEPTEMBER 29, 2006 PASSED THE SENATE AUGUST 29, 2006 PASSED THE ASSEMBLY AUGUST 23, 2006 AMENDED IN ASSEMBLY AUGUST 21, 2006 AMENDED IN ASSEMBLY AUGUST 7, 2006 AMENDED IN ASSEMBLY JUNE 28, 2006 AMENDED IN SENATE MAY 3, 2006 INTRODUCED BY Senator Ducheny FEBRUARY 23, 2006 An act to add Part 8.2 (commencing with Section 32600) to Division 12 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST SB 1557, Ducheny Coachella Valley Water District: nonpotable water use. Existing law prohibits a person or public agency from using water from a source that is suitable for potable domestic use for nonpotable uses if suitable recycled water is available, as determined by the State Water Resources Control Board, after notice to any person or entity who may be ordered to use recycled water or to cease using potable water and a prescribed hearing is held. Existing law, the County Water District Law, governs the operations of the Coachella Valley Water District. This bill would prohibit a person or local public agency from using, within the district's service area, water from any source that is suitable for potable domestic use for specified nonpotable uses if the board of directors of the district determines, after notice and an opportunity for hearing, that suitable nonpotable water is available, as specified, and other requirements are met. The bill would specify that these provisions only apply to a use of water within the district's service area that is not the subject of a specified determination by another public agency. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Part 8.2 (commencing with Section 32600) is added to Division 12 of the Water Code, to read: PART 8.2. Coachella Valley Water District 32600. Unless the context otherwise requires, the definitions set forth in this section govern the construction of this part. (a) "Board" means the Board of Directors of the Coachella Valley Water District. (b) "District" means the Coachella Valley Water District. (c) "New industrial facilities" means industrial facilities for which either of the following applies: (1) The building permit for that facility is issued on or after January 1, 2010. (2) If a building permit is not required for that facility, construction for that facility commences on or after January 1, 2010. 32601. (a) The Legislature hereby finds and declares that the use of potable domestic water for nonpotable uses for cemeteries, parks, highway landscaped areas, new industrial facilities, and golf course irrigation is a waste and an unreasonable use of the water within the meaning of Section 2 of Article X of the California Constitution, if nonpotable water, including recycled water, is available under all of the following conditions as determined by the board, after notice to any person or local public agency that may be ordered to use nonpotable water or to cease using potable water and a hearing held by the board if requested by the person or local public agency: (1) The board determines that the source of nonpotable water is of adequate quality for the proposed use and is available for that use. In determining adequate quality, the board shall consider all relevant factors, including, but not limited to, food and employee safety, and level and types of specific constituents in the nonpotable water affecting the use, on a user-by-user basis. In addition, the board shall consider the effect of the use of nonpotable water in lieu of potable water on the generation of hazardous waste and on the quality of wastewater discharges subject to permit. (2) The board determines that the nonpotable water may be furnished for the proposed use at a reasonable cost to the user. In determining reasonable cost, the board shall consider all relevant factors, including, but not limited to, the present and projected costs of supplying, delivering, and treating potable domestic water for the proposed use and the present and projected costs of supplying and delivering nonpotable water for that use, and finds that the cost of supplying the nonpotable water is comparable to, or less than, the cost of supplying potable domestic water. (3) The State Department of Health Services determines that the use of nonpotable water from the proposed source will not be detrimental to public health. (4) The California regional water quality control board determines that the use of nonpotable water from the proposed source will comply with any applicable water quality control plan. (5) The board determines that the use of nonpotable water for the proposed use will not adversely affect groundwater rights, will not degrade water quality, and is determined not to be injurious to plant life, fish, and wildlife. (b) In making the determination described in subdivision (a), the board shall consider the impact of the cost and quality of the nonpotable water on each individual user. (c) The board may require a person or public agency to furnish information that the board determines to be relevant to making the determinations described in subdivision (a). 32602. Notwithstanding any other provision of law, but subject to the other requirements of this part, no person or local public agency shall use water within the district's service area from any source that is suitable for potable domestic use for nonpotable uses for cemeteries, parks, highway landscaped areas, new industrial facilities, and golf course irrigation, if the board, in accordance with Section 32601, determines that suitable nonpotable water is available. 32603. (a) The use of nonpotable water, including recycled water, in accordance with this part is subject to all applicable state regulation. (b) This part only applies to a use of water within the district's service area that is not the subject of a determination pursuant to Article 7 (commencing with Section 13550) of Chapter 7 of Division 7. (c) This part is in addition to, and not a limitation upon, any powers of a public agency or a court to prevent the waste or unreasonable use of water. SEC. 2. The Legislature finds and declares that this act, which is applicable only to the Coachella Valley Water District, is necessary because of the unique and special water problems in the area included in the district. It is, therefore, hereby declared that a general law within the meaning of Section 16 of Article IV of the California Constitution cannot be made applicable to the district and the enactment of this special law is necessary for the conservation, development, control, and use of that water for the public good.