BILL ANALYSIS
AB 1366
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 1366
AUTHOR: Feuer
AMENDED: June 15, 2009
FISCAL: Yes HEARING DATE: July 6, 2009
URGENCY: No CONSULTANT: Rachel Machi
Wagoner
SUBJECT : PORTABLE REUSE DEMONSTRATION WATER
SUMMARY :
Existing law :
1)Under the Water Recycling Act of 1991, establishes a
statewide goal to recycle a total of 700,000 acre-feet of
water per year by 2000 and 1,000,000 acre-feet of water per
year by 2010.
2)Requires the State Water Resources Control Board (SWRCB) to
formulate and adopt state policy for water quality control.
3)Requires the regional water quality control boards (RWQCBs)
to establish water quality objectives in water quality
control plans.
4)Authorizes local agencies to regulate discharges from
industrial and commercial sources.
5)Authorizes a residential water softening or conditioning
appliance to be installed if certain conditions are met.
6)Provides that a local agency may 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 specified findings in
an ordinance.
7)Requires that any ordinance banning the installation of
water softeners be prospective and may not require the
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removal of residential water softening or conditioning
appliances that are installed before the effective date of
the ordinance.
8)Provides that any water softening appliance in place at a
residential dwelling prior to January 1, 1980, in those
areas being served by sewage treatment facilities that have
been limited with regard to salt loading pursuant to
Division 7 of the Water Code and for which the appropriate
RWQCB makes a finding that the control of residential
salinity input is necessary to provide compliance with those
limitations, may be continued in operation for a period no
longer than four years.
9)Authorizes the Santa Clarita Valley Sanitation District, or
any successor district, to adopt an ordinance requiring the
removal of all installed residential self-regenerating water
softeners that discharge to the community sewer system, if
the sanitation district makes specified findings and
includes them in the ordinance, pursuant to SB 475 (Runner)
Chapter 393, Statutes of 2006.
This bill authorizes local agencies that own or operate a
community sewer system or water recycling facility (local
agency) to control salinity inputs from residential
self-regenerating water softeners by:
1)Authorizing only specified hydrologic regions-Central Coast,
South Coast, San Joaquin River, Tulare Lake-and
counties-Butte, Glenn, Placer, Sacramento, Solano, Sutter
and Yolo-to regulate water softeners, as described in this
bill.
2)Authorizing any local agency within the specified regions,
that operates a system affected by a RWQCB's finding
regarding salinity to control salinity inputs from water
softeners by ordinance as specified, provided the RWQCB
makes certain findings.
3)Specifies, but does not limit, actions that a local agency
can take to control water softener salinity inputs,
including voluntary "buy back" programs for removal of
existing water softeners and mandatory removal, with
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compensation, of previously installed water softeners.
4)Requires a local agency to make available a "voluntary buy
back" program when the agency adopts an ordinance to require
the removal of a previously installed residential
self-regenerating water softener.
5)Defines "residential self-regenerating water softener" as
"residential water softening equipment or conditioning
appliances that discharge brine into a community."
COMMENTS :
1)Purpose of Bill . According to the author, because of water
quality and water supply problems caused by salt used in
residential self-generating water softeners, a coalition of
water agencies throughout California is sponsoring AB 1366
that will allow local agencies in areas where salinity is a
significant problem to take appropriate action.
2)Recycled Water . Recycled water helps address the strain on
California's water supply by providing additional water
supplies that can be used for many purposes including
agricultural irrigation, landscape irrigation, groundwater
recharge, and seawater intrusion barriers.
Before recycled water can be used, the RWQCB and Department
of Public Health require treatment to remove pollutants that
could be harmful to use. One major pollutant that is costly
to remove is salt-and high salts can reduce the ability of
the recycled water to be used for irrigation and groundwater
recharge purposes.
The Water Recycling Act of 1991 set a 2010 target for
California to use one million acre-feet of recycled water,
establishing a statewide goal to recycle 700,000 acre feet
of water by 2000 and 1 million acre feet by 2010. While
there is no definitive calculation of the amount of recycled
water use, recent estimates suggest 600-700,000 acre-feet of
current recycled water use. The most recent California
Water Plan estimates future recycled water use at between
900,000 and 1.4 million acre-feet, in 2030. This likely
failure to meet the 2010 target has been attributed to
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several factors, including inconsistent regulation among
RWQCBs.
In response to the failure to meet the state's 2000 goal, AB
331, (Goldberg). Chapter 590, Statute of 2001, required the
Department of Water Resources (DWR) to convene a statewide
task force and report back to the Legislature on the
opportunities for, and obstacles to, increasing the use of
recycled water. The Task Force Report was issued in June
2003 and included 26 recommendations including:
Local agencies should be empowered to regulate the discharge
of residential water softeners in the same manner as other
sources of discharge into sewers. Legislation should be
proposed "to amend the Health and Safety Code Sections
116775 through 116795 to reduce the restrictions on local
ability to impose bans on, or more stringent standards for,
residential water softeners".
3)Salts & Softeners . One of the barriers to using recycled
water is if there is a high salt content in the recycled
water.
In February 2009, SWRCB adopted a statewide policy to
encourage greater use of recycled water. The SWRCB's policy
includes requirements for regional salt management plans, as
increased salt loads in the source water makes recycling
more difficult.
The State and RWQCBs have recently placed significant
attention on salt management for water quality protection
and to promote increased use of recycled water.
Salinity discharges to the state's rivers and streams, from
both urban and agricultural sources, also have received
increased attention in recent years, particularly in the
burgeoning Central Valley. The Central Valley Regional
Water Quality Control Board has reduced allowable urban salt
discharges to address this problem, although saline drainage
off the Westside of the San Joaquin Valley remains a problem
In areas with hard water, one source of salt is generated
from a certain type of water softener - referred to as a
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self-regenerating softener. Salt released from this type of
softener can contribute on average 1 pound per day of salts.
Depending on the other salt sources and the number of
softeners in a region- this can present a significant salt
problem.
There are a variety of alternatives to the self-regenerating
water softener available on the market. However the
opponents of this bill state that many of the other
technologies may be more expensive or may be less effective
than self-regenerating water softeners.
Under Health and Safety Cod Section 116786, local agencies
are prohibited from placing restrictions on existing
softeners, and are only authorized to restrict the use of
prospective softeners if the local agency first does the
following:
(a) Regulates all other nonresidential salt
sources in the area;
(b) Conducts an independent study quantifying
the levels of all salinity discharges in the area.
(c) Determines that restricting softeners is
a "necessary means" of achieving compliance with
water quality requirements.
These requirements in existing law essentially place one
product, "the self-regenerating softener", at a higher
protected status than all other sources of salt pollution
regulated by the SWRCB and RWQCBs. Government Code Section
54739 et seq. authorizes local agencies to regulate
discharges from industrial (and commercial) sources. AB
1366 enables local agencies to also regulate salt discharges
from residential sources caused by water softeners.
4)Related legislation .
AB 410 (De La Torre) provides, of the $100 million that was
designated as Inter-regional/Unallocated for Integrated
Regional Water Management programs and projects under
Proposition 84, that DWR shall give additional consideration
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to proposals for preparing salt and nutrient management
plans consistent with the recycled water policy of SWRCB in
the regions specified and sets a target to recycle a total
of 1,525,000 acre-feet of water per year by the year 2020,
and 2,525,000 acre-feet of water per year by the year 2030.
AB 410 is set to be heard in Senate Environmental Quality
Committee on July 6, 2009.
AB 2270 (Laird) of 2008 would have required additional
reporting on recycled water use and allows local agencies
discretion to control salinity inputs including water
softeners, if the appropriate RWQCB makes a finding that
controlling salinity inputs will contribute to the
achievement of a water quality objective. Governor
Schwarzenegger vetoed AB 2270 stating:
"I am returning Assembly Bill 2270 without my signature.
This bill would require the Department of Water
Resources (DWR) to establish statewide water recycling
targets every five years and would also enable local
governments to control salinity input to their sewer
systems, including those from water softeners.
Increasing the use of recycled water in the state is an
absolutely necessary activity to increase water supply
reliability for the future of our growing state.
Unfortunately, this bill also includes provisions that
go too far in limiting residential use of water
softeners.
I recognize that excess salinity in surface and ground
water is a serious water quality problem in various
regions throughout the state, including the Central
Valley and southern California.
However, current law already includes provisions that
allow local agencies to regulate water softeners. The
provisions of this bill create a system that could
unduly limit choices for consumers and small water
systems, with potentially little positive impact given
the relatively limited contribution of water softeners
to our salinity problems.
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For these reasons, I am returning this bill without my
signature."
SB 475 (Runner) Chapter 393, Statutes of 2006, established a
process by which the Santa Clarita Valley Sanitation
District, upon voter approval of an ordinance adopted by the
district board to do so, may require the removal of all
residential water softening or conditioning appliances that
discharge to the public sewer system, in an effort to reduce
the volume discharge to the Santa Clara River.
AB 334 (Goldberg) Chapter 172, Statutes of 2003, reduced the
restrictions on a local agency's ability to limit or
prohibit the use of residential self-generating water
softeners if: a) the local agency is out of compliance with
waste discharge requirements issued by a regional water
quality control board, water reclamation requirements, or
master reclamation permits; 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 331 (Goldberg) Chapter 590, Statutes of 2001, required
DWR to convene a 2002 Recycled Water 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, not later than
July 1, 2003. The bill requires DWR to carry out these
duties only to the extent that certain funds are made
available for that purpose.
AB 1006 (Costa) Chapter 969, Statutes of 1999, authorizes
local agencies to limit the availability of
self-regenerating residential water softeners or prohibit
the use of this category of water softeners.
5)How this bill differs from AB 2270 (Laird) of 2008 . This
bill was drafted to be more narrow than AB 2270, in order to
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address the concerns reflected in Governor Schwarzenegger's
veto message and new information that has emerged including:
a) Specified Regions - AB 1366 limits the
authorization of its provisions to the regions and
counties that SWRCB has identified as having
significant salinity problems that threaten surface
water bodies and high-use groundwater basins.
b) Public Process - First, AB 1366 specifies
that the appropriate RWQCB must make the initial
finding as to the need for salinity control and
based on "evidence in the record" and be subject to
judicial review on the same standard as the regional
board uses. This evidentiary amendment imposes a
decision standard that requires actual evidence to
show a problem with salinity and the likelihood that
salinity controls will help meet a water quality
objective. Local agencies that consider imposing
controls on salinity inputs from water softeners
must hold a public meeting before adopting such
controls, and explicitly allows such agencies to
decide not to adopt a softener ordinance.
c) Portable Exchange Water Softeners - AB 1366
bars controls on residential portable exchange water
softeners, which do not discharge to sewers.
d) No Recycling Reporting - AB 1366 deletes
requirements for reporting on recycled water use.
6)Arguments in support . Supporters assert that California is
facing a dire water crisis and cannot afford to waste a
single drop of water. Supporters argue that AB 1366
provides a critical and effective tool for local agencies to
protect water supplies and, in particular, to encourage the
production and use of supplies and more effectively direct
recycled water. Supporters further argue that the
implementation of AB 1366 will help stretch the state's
potable water supplies and more effectively direct recycled
water available for non-potable uses.
7)Arguments in opposition . The water softening industry
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opposes this bill, as they did AB 2270. The opposition
states that AB 1366 would create a duplicative and
unnecessary regulatory scheme for residential water
softeners in the Water Code that would significantly impede
consumer access to these appliances. The opposition further
states that they appreciate the desire of local water
agencies to reduce salinity levels found in local water
supplies and "as such, support the provisions in existing
law which allows them to limit the availability of our
products. Prior to such an ordinance being passed, the
local agency must make a number of findings that support the
need for the restrictions that will be placed upon water
softeners. We do not think it is burdensome for the local
agency to make these findings and are unaware of local
agencies having difficulty complying with these
requirements."
8)How do we balance the rights of the individual with the
rights of the whole? Current state law establishes goals
for California to increase the amount of recycled water
available for agricultural and other purposes to alleviate
the strain on the state's water resources; requires the
treatment of and standards for recycled water to control
salinity (among other minerals and contaminants) in order to
make recycled water usable; authorizes SWRCB and the RWQCBs
to sanction local agencies for violation of these standards
and provides both state and local regulatory controls over
industrial or commercial salt discharge. The current Health
and Safety Code Sections 116775 et seq. provide an
exceptional protection for the residential "right" to use
water softeners.
How much should the individual's right to soft water
override the overall water needs of the state and community
and at what point does the cost to the community, either to
treat the water for salt, purchase alternative water
supplies with less salinity or the potential damage to
agriculture or other water users become too great? Given
the extent of the severity of salinity problems in certain
regions of California, should the local agencies be given
more control to better address this question within their
own communities?
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9)Amendments are needed to:
a) Correct an inaccurate code reference (On page 5,
line 7, the bill references paragraph (2) of
subdivision (b) of Section 116875 of the Health and
Safety Code. It should reference Section 116785 of the
Health and Safety Code.); and
b) Clarify or strike Section 13148 (i) concerning a
local agency's authority to adopt an ordinance.
SOURCE : Inland Empire Utilities Agency
Irving Ranch Water District
Metropolitan Water District of Southern
California
Water Replenishment District of Southern
California
WateReuse California
SUPPORT : Alliance of Western Milk Producers
Association of California Water Agencies
Bell Gardens Chamber of Commerce
California Alliance for Golf
California Association of Sanitation Agencies
California Farm Bureau Federation
California League of Food Processors
California Municipal Utilities Association
California Poultry Federation
California Special Districts Association
Calleguas Municipal Water District
Clean Water Action
City of Corona
City of Lakewood
City of Santa Maria
Eastern Municipal Water District
Elsinore Valley Municipal Water District
Farm Bureau of Ventura County
League of California Cities
Milk Producers Council
Natural Resources Defense Council
Nisei Farmers League
Orange County Business Council
Orange County Sanitation District
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Orange County Water District
Planning and Conservation League
Sacramento Regional County Sanitation District
San Diego County Water Authority Board
Santa Ana Watershed Project Authority
Santa Clara Valley Water District
Sierra Club California
Southern California Alliance of Publicly Owned
Treatment Works
Three Valley Municipal Water District
Ventura County Agricultural Association
Victor Valley Wastewater Reclamation Authority
Western Growers
Western Municipal Water District
OPPOSITION : California Retailers Association
Culligan Water Solutions
Home Depot
Pacific Water Quality Association
Water Quality Association