BILL ANALYSIS                                                                                                                                                                                                    





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2009-2010 Regular Session                    |
          |                                                                 |
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          BILL NO: AB 1774                   HEARING DATE: June 22, 2010  
          AUTHOR: Saldana                    URGENCY: No  
          VERSION: May 28, 2010              CONSULTANT: Dennis O'Connor  
          DUAL REFERRAL: Environmental QualityFISCAL: Yes  
          SUBJECT: Recycled water: state agency landscape irrigation.
          
          BACKGROUND AND EXISTING LAW
          Article X, Section 2 of the California Constitution requires the  
          prevention of waste or unreasonable use of water.  It further  
          provides that the right to water does not extend to water that  
          is wasted or unreasonably used.

          Under current law, the use of potable domestic water for  
          irrigating residential landscapes is a waste or unreasonable use  
          within the meaning of Article X, Section 2, if recycled water is  
          available that meets specific conditions, as determined by the  
          State Water Resources Control Board through an adjudicative  
          proceeding.  As established in Water Code 13550, those specific  
          conditions include that the recycled water is of adequate  
          quality, is furnished at a reasonable cost, meets public health  
          requirements, will not adversely affect downstream water rights,  
          and will not degrade the environment.

          Further, Water Code 13552.4 prohibits a person or public agency  
          from using potable water for nonpotable uses, including  
          irrigation of cemeteries, golf courses, parks, highway  
          landscaped areas, and industrial uses, if suitable recycled  
          water is available as provided in 13550.  

          Current law also provides public agencies the authority to  
          require the use of recycled water for irrigation of residential  
          landscaping, if all of the following requirements are met: 
           Recycled water is available to the user and meets the  
            requirements set forth in 13550, as determined by the state  
            board after notice and a hearing. 
           The use of recycled water does not cause any loss or  
            diminution of any existing water right. 
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           The irrigation systems are constructed in accordance with  
            state regulations governing recycled water.

          PROPOSED LAW
          This bill would:

          Expand the application of Article X, Section 2 to  
          non-residential landscapes.

          Authorize a public agency to require a state agency, whose  
          property is located within the jurisdiction of the public  
          agency, to use recycled water for landscape irrigation of its  
          property, if specific requirements are met.  Those requirements  
          are:
           Recycled water is available to the user and the source of  
            recycled water is of adequate quality for the proposed use.
           The use of recycled water does not cause any loss or  
            diminution of any existing water right. 
           The irrigation systems are constructed in accordance with  
            state regulations governing recycled water.
           The recycled water can be furnished at a reasonable cost to  
            the state agency user.

          ARGUMENTS IN SUPPORT
          According to the sponsor, public agencies are significant water  
          users.  For example, the majority of the top water users in the  
          City of San Diego are local, State and Federal agencies, with  
          three of them, CalTrans, University of California, and San Diego  
          State University being state agencies. 

          "The purpose of AB 1774 is to remove impediments to the use of  
          recycled water by state agencies for landscape irrigation.  The  
          current statutory scheme requiring state agencies to use  
          recycled water for landscape irrigation has not resulted in  
          increased use of recycled water by state agencies.  AB 1774  
          proposed to improve the use of recycled water by shifting the  
          authority to require a state agency to use recycled water to the  
          local jurisdiction." 

          ARGUMENTS IN OPPOSITION: None

          COMMENTS 
           What problem are we solving?   In response to questions from  
          committee staff, the State Board reports that it has not  
          received a request by the San Diego County Water Authority nor  
          City of San Diego, nor anyone else for that matter, to compel  
          CalTrans to use recycled water, nor has the State Board received  
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          a request for a hearing under section 13552.4 of the Water Code.  
           If the proponents have not even tried to use the system  
          established under the law, how can they know that there are  
          problems with that system?

           How would this bill solve the problem?   It might be that public  
          agencies are not using recycled water as much as they could or  
          should.  However, the problem might not lay with the law.  It  
          could be, for example, that the real problem is a lack of budget  
          appropriations for conversion of irrigation systems.  Or there  
          could be a problem getting approvals from the Department of  
          General Services.  The potential impediments to conversion to  
          recycled water could be large. 

           Why take the State Board out of the picture?   The State Board  
          process is, by law, an adjudicative proceeding, with numerous  
          provisions for due process, such as rules governing presentation  
          of testimony, rules of evidence, etc.  This bill does not  
          require due process considerations.

          The State Board is also required to consider factors beyond what  
          this bill would require of public agencies.  Specifically, the  
          State Board is also required to find that the recycled water  
          meets public health requirements, will not adversely affect  
          downstream water rights, and will not degrade the environment.  

           Related Bills:   Earlier this year, this committee passed SB 1173  
          (Wolk).  It would expand the current prohibition on from using  
          potable water for nonpotable uses if suitable recycled water is  
          available to prohibiting the use of raw or potable water.

           Dual Referred to Environmental Quality.   Should this bill passes  
          this committee, the motion should be "Do Pass to the Committee  
          on Environmental Quality."

          SUGGESTED AMENDMENTS: None 

          SUPPORT
          San Diego County Water Authority (Sponsor)
          Desert Water Agency
          East Bay Municipal Utility District

          OPPOSITION
          None Received



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