BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1366|
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THIRD READING
Bill No: AB 1366
Author: Feuer (D), et al
Amended: 8/17/09 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 7/6/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 60-16, 5/28/09 - See last page for vote
SUBJECT : Residential self-regenerating water softeners
SOURCE : Inland Empire Water District
Irving Ranch Water District
Metropolitan Water District of Southern
California
Water Replenishment District of Southern
California
WateReuse California
DIGEST : This bill authorizes local agencies that owns
and operates a community sewer system or water recycling
facility to control salinity inputs from residential
self-regenerating water softeners to protect the quality of
the waters of the State, subject to certain conditions.
ANALYSIS :
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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
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.
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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 that a local agency may take action only by
adoption of an ordinance or resolution after a public
hearing. The local agency shall not consider the
adoption of an ordinance or resolution until at least 30
days following the date of the public hearing on the
proposed ordinance or resolution. An ordinance or
resolution shall become effective 30 days from the date
of adoption.
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."
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Comments
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
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
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following:
1. Regulates all other nonresidential salt sources in the
area.
2. Conducts an independent study quantifying the levels of
all salinity discharges in the area.
3. 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. This
bill enables local agencies to also regulate salt
discharges from residential sources caused by water
softeners.
NOTE: Please refer to Senate Environmental Quality
Committee analysis
for further background.
Prior/Related legislation
AB 2270 (Laird), 2008-2009 Session, 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. AB 2270 passed
off the Senate Floor 27-12, on 8/7/08 but was vetoed. The
Governor's vetoed message stated:
"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
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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.
For these reasons, I am returning this bill without my
signature."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/18/09)
Inland Empire Utilities Agency (co-source)
Irving Ranch Water District (co-source)
Metropolitan Water District of Southern California
(co-source)
Water Replenishment District of Southern California
(co-source)
WateReuse California (co-source)
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
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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
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 : (Verified 8/18/09)
California Retailers Association
Culligan Water Solutions
Home Depot
Pacific Water Quality Association
Water Quality Association
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 this bill
provides a critical and effective tool for local agencies
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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 this bill will help stretch the state's
potable water supplies and more effectively direct recycled
water available for non-potable uses.
ARGUMENTS IN OPPOSITION : The water softening industry
opposes this bill, as they did AB 2270. The opposition
states that this bill creates 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."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Coto, Davis, De La Torre, De Leon, Eng, Evans,
Feuer, Fong, Fuentes, Fuller, Furutani, Galgiani,
Gilmore, Hall, Hayashi, Hernandez, Hill, Huber, Huffman,
Jones, Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza,
Monning, Nava, Nestande, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Saldana, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torrico, Yamada, Bass
NOES: Anderson, DeVore, Duvall, Fletcher, Gaines, Garrick,
Hagman, Harkey, Knight, Logue, Miller, Niello, Nielsen,
Silva, Tran, Villines
NO VOTE RECORDED: Cook, Emmerson, Jeffries, Torres
TSM:do 8/19/09 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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