BILL NUMBER: AB 1481 CHAPTERED
BILL TEXT
CHAPTER 535
FILED WITH SECRETARY OF STATE OCTOBER 12, 2007
APPROVED BY GOVERNOR OCTOBER 12, 2007
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY SEPTEMBER 12, 2007
AMENDED IN SENATE AUGUST 31, 2007
AMENDED IN SENATE JULY 18, 2007
AMENDED IN SENATE JUNE 27, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY MARCH 29, 2007
INTRODUCED BY Assembly Member De La Torre
(Principal coauthor: Assembly Member Krekorian)
FEBRUARY 23, 2007
An act to add Section 13552.5 to the Water Code, relating to
water.
LEGISLATIVE COUNSEL'S DIGEST
AB 1481, De La Torre. Waste discharge and water reclamation
requirements: recycled water: landscape irrigation uses.
Under existing law, the State Water Resources Control Board and
the California regional water quality control boards prescribe waste
discharge requirements in accordance with the federal national
pollutant discharge elimination system (NPDES) permit program and the
Porter-Cologne Water Quality Control Act (state act). The state act
authorizes the state board or a regional board to prescribe general
waste discharge requirements if certain requirements are met.
This bill would require the state board, on or before July 31,
2009, to adopt a general permit for landscape irrigation uses of
recycled water for which the State Department of Public Health has
established uniform statewide recycling criteria. The bill would
require the state board to establish a reasonable schedule of fees to
reimburse the state board for the costs it incurs in implementing,
developing, and administering these provisions. The bill would
prescribe the manner in which an applicant may become subject to the
general permit. The bill would require the state board to designate
an ombudsperson to coordinate and facilitate communication on
recycled water, on the issuance of specified water reclamation and
waste discharge requirements, and on the promotion of water recycling
while ensuring reasonable protection of water quality.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) On September 22, 1989, the United States Environmental
Protection Agency granted the State of California, through the State
Water Resources Control Board and the California regional water
quality control boards, the authority to issue national pollutant
discharge elimination system (NPDES) permits pursuant to Part 122
(commencing with Section 122.1) and Part 123 (commencing with Section
123.1) of Title 40 of the Code of Federal Regulations.
(b) Section 122.28 of Title 40 of the Code of Federal Regulations
provides for the issuance of general permits to regulate a category
of point sources of pollution if the sources meet all of the
following requirements:
(1) Involve the same or substantially similar types of operations.
(2) Discharge the same type of waste.
(3) Require the same type of effluent limitations or operating
conditions.
(4) Require similar monitoring.
(5) Are more appropriately regulated under a general permit
instead of individual permits.
(c) General waste discharge requirements expedite the processing
of requirements, simplify the application process for dischargers,
better utilize limited staff and resources, and avoid the expense and
time involved in repetitive public noticing, hearings, and permit
adoptions.
(d) The Legislature has declared a policy for the state to
undertake all possible steps to encourage the development of water
recycling facilities so that recycled water may be made available to
help meet the growing requirements of the state.
(e) The Legislature has declared that the use of potable domestic
water for nonpotable uses, including, but not limited to, irrigation
uses for cemeteries, golf courses, parks, and highway landscaped
areas, is a waste and unreasonable use if recycled water is available
to meet the conditions needed for the use.
(f) The 2002 Recycled Water Task Force, convened pursuant to
Section 13578 of the Water Code, concluded that inconsistent
regulation of water recycling by state and local officials leads to
confusion and uncertainty with regard to the design and management of
water reuse systems. That inconsistent regulation appears to have
led to the imposition of overly restrictive water recycling
requirements and added costs, thereby creating an obstacle to
achieving the full potential for water reuse.
(g) The 2002 Recycled Water Task Force recommended that the state
board appoint and empower a key person to act as ombudsperson with
regard to the water recycling permits issued by the various regional
boards.
(h) Therefore, it is the intent of the Legislature to create a
uniform interpretation of state standards to ensure the safe,
reliable use of recycled water for landscape irrigation uses
consistent with state and federal water quality law.
SEC. 2. Section 13552.5 is added to the Water Code, to read:
13552.5. (a) (1) On or before July 31, 2009, the state board
shall adopt a general permit for landscape irrigation uses of
recycled water for which the State Department of Public Health has
established uniform statewide recycling criteria pursuant to Section
13521.
(2) The state board shall establish criteria to determine
eligibility for coverage under the general permit.
(3) For the purpose of developing the general permit and
establishing eligibility criteria to carry out paragraph (1), the
state board shall hold at least one workshop and shall consult with
and consider comments from the regional boards, groundwater
management agencies and water replenishment districts with statutory
authority to manage groundwater pursuant to their principal act, and
any interested party.
(4) The general permit shall include language that provides for
the modification of the terms and conditions of the general permit if
a regulatory or statutory change occurs that affects the application
of the general permit or as necessary to ensure protection of
beneficial uses.
(b) The state board shall establish a reasonable schedule of fees
to reimburse the state board for the costs it incurs in implementing,
developing, and administering this section.
(c) Following the adoption of the general permit pursuant to this
section, an applicant may obtain coverage for a landscape irrigation
use of recycled water by filing a notice of intent to be covered
under the general permit and submitting the appropriate fee
established pursuant to subdivision (b) to the state board.
(d) Coverage under the general permit adopted pursuant to this
section is effective if all of the following apply:
(1) The applicant has submitted a completed application.
(2) The state board has determined that the applicant meets the
eligibility criteria established pursuant to paragraph (2) of
subdivision (a).
(3) The state board has made the application available for public
review and comment for 30 days.
(4) The state board has consulted with the appropriate regional
board.
(5) The executive officer of the state board approves the
application.
(e) (1) Except as provided by modification of the general permit,
a person eligible for coverage under the general permit pursuant to
subdivision (d) is not required to become or remain subject to
individual waste discharge requirements or water reclamation
requirements.
(2) For a landscape irrigation use of recycled water, a person who
is subject to general or individual waste discharge requirements
prescribed pursuant to Section 13263 or 13377, or is subject to
individual or master water reclamation requirements prescribed
pursuant to Section 13523 or 13523.1, may apply for coverage under
the general permit adopted pursuant to this section in lieu of
remaining subject to requirements prescribed pursuant to those
sections.
(f) (1) The state board shall designate an ombudsperson to
coordinate and facilitate communication on recycled water, on the
issuance of water reclamation requirements or waste discharge
requirements, as applicable, pursuant to Section 13523 or 13523.1 or
this section, and on the promotion of water recycling while ensuring
reasonable protection of water quality in accordance with applicable
provisions of state and federal water quality law.
(2) The person appointed pursuant to paragraph (1) shall
facilitate consultations between the state board and the regional
boards relating to matters described in that paragraph.