BILL NUMBER: AB 1774	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 24, 2010
	AMENDED IN ASSEMBLY  MARCH 16, 2010

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 9, 2010

   An act to amend Section 13552.2 of, and to add Section 13552.3 to,
the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1774, as amended, Saldana. Recycled water: state agency
landscape irrigation.
   Existing law sets forth legislative findings and declarations
stating that the use of potable domestic water for the irrigation of
residential landscaping is a waste or unreasonable use of water if
recycled water is available for that use, as determined by the State
Water Resources Control Board. Existing law authorizes a public
agency to require the use of recycled water for the irrigation of
residential landscaping if recycled water is available for that use,
as determined by the board, and other requirements are met.
   This bill would state legislative findings and declarations that
the use of potable domestic water for the irrigation of landscaping
generally is a waste or an unreasonable use of water if recycled
water is available for that use, as determined by the board. The bill
would authorize a public agency, including local public agencies, to
require  the   a state agency whose property is
  located within the jurisdiction of the public agency
  to  use  of  recycled water for 
landscape  irrigation of  landscaping by  the
 property of that  state agency if certain requirements are
met.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 13552.2 of the Water Code is amended to read:
   13552.2.  (a) The Legislature hereby finds and declares that the
use of potable domestic water for the irrigation of landscaping is a
waste or an unreasonable use of water within the meaning of Section 2
of Article X of the California Constitution if recycled water, for
this use, is available to the user and meets the requirements set
forth in Section 13550, as determined by the state board after notice
and a hearing.
   (b) The state board may require a public agency or person subject
to this section to submit information that the state board determines
may be relevant in making the determination required in subdivision
(a).
  SEC. 2.  Section 13552.3 is added to the Water Code, to read:
   13552.3.  A public agency, including a state agency, city, county,
city and county, district, or any other political subdivision
 of the state may require the use of recycled water for
irrigation of landscaping by a state agency, if all of the following
requirements   of the state may require a state agency
whose property is located within the jurisdiction of the public
agency to use recycled water for landscape irrigation of the property
of that state agency, if all of the following requirements  are
met:
   (a) Recycled water is available to the user and the source of
recycled water is of adequate quality for the proposed use.
   (b) The use of recycled water does not cause any loss or
diminution of any existing water right.
   (c) The irrigation systems are constructed in accordance with
Chapter 3 (commencing with Section 60301) of Division 4 of Title 22
of the California Code of Regulations.
   (d) The recycled water can be furnished at a reasonable cost to
the state agency user. In determining reasonable cost to the state
agency user, the public agency requiring the use of recycled water by
the state agency 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
 and delivering  recycled water for the proposed
use, and shall find that the cost of supplying the recycled water is
comparable to, or less than, the cost of supplying, delivering, and
treating the potable domestic water. For existing irrigation systems,
the cost analysis shall include the amount necessary for the state
agency to reasonably retrofit the irrigation system to meet
applicable permitting requirements.