BILL NUMBER: SB 565	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 27, 2009

   An act to add Part 5.5 (commencing with Section 12567) to Division
6 of the Water Code, relating to water recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 565, as introduced, Pavley. Water recycling.
   Existing law establishes the State Water Resources Control Board
(state board) and the California regional water quality control
boards as the principal state agencies with authority over matters
relating to water quality. Existing law requires specified persons
who discharge waste, as defined, in a manner that could affect the
quality of the waters of the state, to pay an annual fee to the state
board according to a fee schedule established by the state board.
   This bill would require the state board to develop a plan to
ensure that at least 50% of wastewater that is annually discharged
into the ocean, as of the year 2009, is recycled and put to
beneficial use by the year 2030. The bill would prescribe various
requirements with respect to that plan. The bill would require the
state board to impose a fee on each person discharging wastewater
into the ocean and would require that fee to be deposited into the
Ocean Discharge Recycling Fund, which the bill would establish. The
bill would authorize the state board to expend the moneys in that
fund, upon appropriation by the Legislature, for the purposes of
carrying out the wastewater recycling plan.
   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.  Part 5.5 (commencing with Section 12567) is added to
Division 6 of the Water Code, to read:

      PART 5.5.  Ocean Discharge Recycling Plan


      CHAPTER 1.  GENERAL PROVISIONS


   12567.  For the purposes of this part, the following terms have
the following meanings:
   (a) "Fee" means the annual fee imposed pursuant to subdivision (a)
of Section 12568.
   (a) "Fund" means the Ocean Discharge Recycling Fund established
pursuant to subdivision (a) of Section 12568.4.
   (b) "Plan" means the statewide plan adopted pursuant to Section
12567.2.
   12567.2.  (a) The state board shall adopt a statewide plan to
ensure that at least 50 percent of the wastewater annually discharged
directly into the ocean, as of the year 2009, is recycled and put to
beneficial use by the year 2030.
   (b) The state board shall adopt measures that are necessary to
implement the plan.
      CHAPTER 2.  FINANCING


   12568.  (a) The state board shall impose an annual fee on
discharges of wastewater into the ocean, subject to the following
requirements:
   (1) The fee shall be imposed on each person that discharges
wastewater directly into the ocean, as determined by the state board.

   (2) The fee shall be in addition to any fees imposed pursuant to
Section 13260.
   (3) The fee shall be in an amount that is necessary to reimburse
the state board's costs of developing the plan and any measures
implementing the plan pursuant to Section 12567.2.
   (4) The state board shall adopt a fee schedule and a timetable for
purposes of collecting the fee.
   (5) The fee shall be collected in the same manner as set forth in
Section 13260.
   (b) The state board shall adopt regulations to implement the fee
collection procedures in this section.
   12568.2.  Each person that is subject to the fee shall pay an
annual fee to the state board in accordance with Section 12568.
   12568.4.  (a) All fees collected pursuant to this chapter shall be
deposited in the Ocean Discharge Recycling Fund, which is hereby
established in the State Treasury.
   (b) The moneys in the fund shall be available for expenditure by
the state board, upon appropriation by the Legislature, for the
purposes of carrying out this part.