BILL ANALYSIS ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2009-2010 Regular Session | | | ----------------------------------------------------------------- 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. 1 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 2 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 3 4