BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1774
                                                                  Page  1

          Date of Hearing:   April 14, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 1774 (Saldana) - As Amended:  March 24, 2010 

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            12-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill authorizes government agencies to require a state  
          agency to use recycled water for irrigation, provided certain  
          conditions exist.  Specifically, this bill:

          1)Declares that use of potable domestic water for irrigation of  
            landscaping is a waste or an unreasonable use of water if  
            recycled water is available.  (Current law declares only the  
            use of such water for domestic irrigation of landscaping a  
            waste or an unreasonable use of water if recycled water is  
            available.)

          2)Authorizes a government agency to require a state agency  
            operating within the jurisdiction of the government agency to  
            use recycled water for irrigation of landscaping.

          3)Limits the governmental authority described above to the  
            following conditions: (a) Recycled water is available and is  
            of adequate quality for the proposed use; (b) Use of recycled  
            water does not cause any loss or diminution of any existing  
            water right; (c) The irrigation system is up to code; and (d)  
            recycled water can be furnished to the state agency user at a  
            reasonable cost, as determined by the government agency  
            according to specified considerations.

           FISCAL EFFECT  

          Potential annual costs, possibly in the hundreds of thousands of  
          dollars, principally to Caltrans and other state agencies with  
          irrigation projects.  (Caltrans staff, while unable to quantify  
          the range of potential costs resulting from this bill, expresses  








                                                                  AB 1774
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          concern that the bill might result in local and state agencies  
          requiring Caltrans to use more costly or less-readily available  
          recycled water.)

           COMMENTS  

          1)The author notes that, in many areas, state agencies, such as  
            Caltrans, are large water users.  In San Diego County for  
            example, Caltrans uses great amounts of water-mainly potable  
            domestic water-to irrigate thousands of acres of landscaping  
            along state roads and highways.  The author contends providing  
            government agencies, such as city and county government, the  
            authority to require state agencies to use recycled water for  
            irrigation of landscaping may help the state to achieve its  
            legally established goal of increasing the use of recycled  
            water.

           2)Background  .  In 1991, the Legislature established the goal of  
            annually recycling 1 million acre feet of water by 2010.   
            According to a report published in 2003 by the Department of  
            Water Resources (DWR), California has the ability to recycle  
            up to 1.5 million acre feet of water per year, yielding about  
            1.2 million acre feet of new water.  The state, despite this  
            potential, has failed to meet its 2010 goal.

            Water legislation passed last year (Chapter 4, SBX7-7,  
            Steinberg) requires each state agency to reduce its potable  
            water use 20% by 2020. 

           3)Supporters  , including several local water agencies and utility  
            districts, claim this bill provides local agencies the  
            authority to require state agencies, such as Caltrans, to  
            implement a relatively inexpensive means of conserving potable  
            water and furthering the state's recycled water use goal.  

          4)There is no formal opposition to this bill.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081