BILL NUMBER: SB 918	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 1, 2010

   An act to amend Sections 13350 and 13521 of, and to add Chapter
7.3 (commencing with Section 13560) to Division 7 of, the Water Code,
relating to water recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 918, as introduced, Pavley. Water recycling.
   Existing law establishes the State Water Resources Control 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 the State Department of Public
Health to establish uniform statewide recycling criteria for each
varying type of use for recycled water where the use involves the
protection of public health.
   This bill would require the State Department of Public Health to
develop and adopt uniform water recycling criteria for indirect
potable water reuse, and investigate the feasibility of developing
uniform water recycling criteria for direct potable reuse, consistent
with a specified timeline. The bill, from July 1, 2011, to June 30,
2015, inclusive, would require funds generated by the imposition of
specified liabilities for violations of water quality requirements to
be made available, upon appropriation by the Legislature, to the
State Department of Public Health for the purposes of developing and
adopting the water recycling criteria.
   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 13350 of the Water Code is amended to read:
   13350.  (a)  Any   A  person who (1)
violates  any   a  cease and desist order
or cleanup and abatement order hereafter issued, reissued, or amended
by a regional board or the state board, or (2) in violation of
 any   a  waste discharge requirement,
waiver condition, certification, or other order or prohibition
issued, reissued, or amended by a regional board or the state board,
discharges waste, or causes or permits waste to be deposited where it
is discharged, into the waters of the state, or (3) causes or
permits any oil or any residuary product of petroleum to be deposited
in or on any of the waters of the state, except in accordance with
waste discharge requirements or other actions or provisions of this
division, shall be liable civilly, and remedies may be proposed, in
accordance with subdivision (d) or (e).
   (b) (1)  Any   A  person who, without
regard to intent or negligence, causes or permits  any
  a  hazardous substance to be discharged in or on
any of the waters of the state, except in accordance with waste
discharge requirements or other provisions of this division, shall be
strictly liable civilly in accordance with subdivision (d) or (e).
   (2) For purposes of this subdivision, the term "discharge"
includes only those discharges for which Section 13260 directs that a
report of waste discharge shall be filed with the regional board.
   (3) For purposes of this subdivision, the term "discharge" does
not include  any   an  emission excluded
from the applicability of Section 311 of the Clean Water Act (33
U.S.C. Sec. 1321) pursuant to Environmental Protection Agency
regulations interpreting Section 311(a)(2) of the Clean Water Act (33
U.S.C. Sec. 1321(a)(2)).
   (c) There shall be no liability under subdivision (b) if the
discharge is caused solely by any one or combination of the
following:
   (1) An act of war.
   (2) An unanticipated grave natural disaster or other natural
phenomenon of an exceptional, inevitable, and irresistible character,
the effects of which could not have been prevented or avoided by the
exercise of due care or foresight.
   (3) Negligence on the part of the state, the United States, or any
department or agency thereof; provided, that this paragraph shall
not be interpreted to provide the state, the United States, or any
department or agency thereof a defense to liability for any discharge
caused by its own negligence.
   (4) An intentional act of a third party, the effects of which
could not have been prevented or avoided by the exercise of due care
or foresight.
   (5) Any other circumstance or event  which  
that  causes the discharge despite the exercise of every
reasonable precaution to prevent or mitigate the discharge.
   (d) The court may impose civil liability either on a daily basis
or on a per gallon basis, but not  on  both.
   (1) The civil liability on a daily basis  may 
 shall  not exceed fifteen thousand dollars ($15,000) for
each day the violation occurs.
   (2) The civil liability on a per gallon basis  may
  shall  not exceed twenty dollars ($20) for each
gallon of waste discharged.
   (e) The state board or a regional board may impose civil liability
administratively pursuant to Article 2.5 (commencing with Section
13323) of Chapter 5 either on a daily basis or on a per gallon basis,
but not  on    both.
   (1) The civil liability on a daily basis  may 
 shall  not exceed five thousand dollars ($5,000) for each
day the violation occurs.
   (A) When there is a discharge, and a cleanup and abatement order
is issued, except as provided in subdivision (f), the civil liability
shall not be less than five hundred dollars ($500) for each day in
which the discharge occurs and for each day the cleanup and abatement
order is violated.
   (B) When there is no discharge, but an order issued by the
regional board is violated, except as provided in subdivision (f),
the civil liability shall not be less than one hundred dollars ($100)
for each day in which the violation occurs.
   (2) The civil liability on a per gallon basis  may
  shall  not exceed ten dollars ($10) for each
gallon of waste discharged.
   (f) A regional board  may   shall  not
administratively impose civil liability in accordance with paragraph
(1) of subdivision (e) in an amount less than the minimum amount
specified, unless the regional board makes express findings setting
forth the reasons for its action based upon the specific factors
required to be considered pursuant to Section 13327.
   (g) The Attorney General, upon request of a regional board or the
state board, shall petition the superior court to impose, assess, and
recover  such   the  sums. Except in the
case of a violation of a cease and desist order, a regional board or
the state board shall make  such   the 
request only after a hearing, with due notice of the hearing given to
all affected persons. In determining that amount, the court shall be
subject to Section 13351.
   (h) Article 3 (commencing with Section 13330) and Article 6
(commencing with Section 13360) apply to proceedings to impose,
assess, and recover an amount pursuant to this article.
   (i)  Any   A  person who incurs any
liability established under this section shall be entitled to
contribution for that liability from  any   a
 third party, in an action in the superior court and upon proof
that the discharge was caused in whole or in part by an act or
omission of the third party, to the extent that the discharge is
caused by the act or omission of the third party, in accordance with
the principles of comparative fault.
   (j) Remedies under this section are in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal,
except that no liability shall be recoverable under subdivision (b)
for any discharge for which liability is recovered under Section
13385.
   (k)  (1)    Notwithstanding any other 
provision of  law, all funds generated by the imposition of
liabilities pursuant to this section shall be deposited into the
Waste Discharge Permit Fund. These moneys shall be separately
accounted for, and  , except as otherwise provided in paragraph
(2),  shall be expended by the state board, upon appropriation
by the Legislature, to assist regional boards, and other public
agencies with authority to clean up waste or abate the effects of the
waste, in cleaning up or abating the effects of the waste on waters
of the state or for the purposes authorized in Section 13443. 
   (2) From July 1, 2011, to June 30, 2015, inclusive, funds
generated by the imposition of liabilities pursuant to this section
shall be made available to the State Department of Public Health,
upon appropriation by the Legislature, for the purposes of Chapter
7.3 (commencing with Section 13560), in the following amounts: 

   (A) Up to five hundred thousand dollars ($500,000) in the 2011-12
fiscal year.  
   (B) Up to five hundred thousand dollars ($500,000) in the 2012-13
fiscal year.  
   (C) Up to five hundred thousand dollars ($500,000) in the 2013-14
fiscal year.  
   (D) Up to five hundred thousand dollars ($500,000) in the 2014-15
fiscal year. 
  SEC. 2.  Section 13521 of the Water Code is amended to read:
   13521.  The State Department of  Health Services 
 Public Health  shall establish uniform statewide recycling
criteria for each varying type of use of recycled water where the
use involves the protection of public health.
  SEC. 3.  Chapter 7.3 (commencing with Section 13560) is added to
Division 7 of the Water Code, to read:
      CHAPTER 7.3.  DIRECT AND INDIRECT POTABLE REUSE


   13560.  The Legislature finds and declares the following:
   (a) In February 2009, the state board unanimously adopted, as
Resolution No. 2009-0011, an updated water recycling policy, which
includes the goal of increasing the use of recycled water in the
state over 2002 levels by at least 1,000,000 acre-feet per year by
2020 and by at least 2,000,000 acre-feet per year by 2030.
   (b) Section 13521 requires the department to establish uniform
statewide recycling criteria for each varying type of use of recycled
water where the use involves the protection of public health.
   (c) The use of recycled water for indirect potable reuse is
critical to achieving the state board's goals for increased use of
recycled water in the state. If direct potable reuse can be
demonstrated to be safe and feasible, implementing direct potable
reuse would further aid in achieving the state board's recycling
goals.
   (d) Achievement of these goals depends on the timely development
of uniform statewide recycling criteria for indirect and direct
potable water reuse.
   13561.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "Department" means the State Department of Public Health.
   (b) "Direct potable reuse" means the use of recycled water for
drinking purposes directly after treatment.
   (c) "Indirect potable reuse" means the use of recycled water for
drinking purposes after replenishment of a groundwater basin or
aquifer, or after the placement of recycled water into a surface
water reservoir.
   (d) "Uniform water recycling criteria" has the same meaning as in
Section 13521.
   13562.  (a) The department shall develop and adopt uniform water
recycling criteria for indirect potable water reuse in accordance
with the following subcategories of this use on the following
schedule:
   (1) For groundwater recharge, by December 31, 2013.
   (2) For surface water augmentation, by December 31, 2014.
   (b) Adoption of uniform water recycling criteria by the department
is subject to the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
   13563.  (a) (1) The department shall investigate and report to the
Legislature on the feasibility of developing uniform water recycling
criteria for direct potable reuse.
   (2) The department shall complete a public review draft of its
report by September 30, 2015. The department shall provide the public
not less than 45 days to review and comment on the public review
draft.
   (3) The department shall provide a final report to the Legislature
by December 31, 2015. The department shall make the final report
available to the public.
   (b) In conducting the investigation pursuant to subdivision (a),
the department shall examine all of the following:
   (1) The availability and reliability of recycled water treatment
technologies necessary to ensure the protection of public health.
   (2) Multiple barriers and sequential treatment processes that may
be appropriate at wastewater and water treatment facilities.
   (3) Available information on health effects.
   (4) Mechanisms that should be employed to protect public health if
problems are found in recycled water that is being served to the
public as a potable water supply, including, but not limited to, the
failure of treatment systems at the recycled water treatment
facility.
   (5) Monitoring needed to ensure protection of public health,
including, but not limited to, the identification of appropriate
indicator and surrogate constituents.
   (6) Any other scientific or technical issues that may be
necessary, including, but not limited to, the need for additional
research.
   13564.  (a) (1) The department shall convene and administer an
expert panel for the purposes of advising the department on
scientific and technical matters regarding the development of uniform
water recycling criteria for indirect potable water reuse, and the
investigation of the feasibility of developing uniform water
recycling criteria for direct potable reuse.
   (2) The expert panel shall be comprised, at a minimum, of a
toxicologist, a certified engineering geologist or certified
hydrogeologist, an engineer licensed in the state with at least three
years experience in wastewater treatment and public water supply, a
microbiologist, and a chemist.
   (3) Members of the expert panel may be reimbursed for reasonable
and necessary travel expenses.
   (b) (1) The department may appoint an advisory group, task force,
or other group, comprised of no fewer than nine representatives of
water and wastewater agencies, local public health officers,
environmental organizations, environmental justice organizations, and
public health nongovernmental organizations.
   (2) Environmental, environmental justice, and public health
nongovernmental organization representative members of the advisory
group, task force, or other group may be reimbursed for reasonable
and necessary travel expenses.
   13565.  In developing the uniform water recycling criteria for
indirect potable reuse and the investigation of the feasibility of
developing uniform water recycling criteria for direct potable reuse,
the department shall consider all of the following:
   (a) Recommendations from the expert panel appointed pursuant to
subdivision (a) of Section 13564.
   (b) Recommendations from an advisory group, task force, or other
group appointed by the department pursuant to subdivision (b) of
Section 13564.
   (c) Regulations and guidelines for these activities from
jurisdictions in other states or countries.
   (d) Research by the state board regarding unregulated pollutants,
as developed pursuant to Section 10 of the recycled water policy
adopted by state board Resolution No. 2009-0011.
   13566.  An action authorized pursuant to this chapter shall be
consistent, to the extent applicable, with the federal Clean Water
Act (33 U.S.C. Sec. 1251 et seq.), the federal Safe Drinking Water
Act (42 U.S.C. Sec. 300f et seq.), this division, and the California
Safe Drinking Water Act (Chapter 4 (commencing with Section 116270)
of Part 12 of Division 104 of the Health and Safety Code).
   13569.  The department may accept funds from any source, and may
expend these funds, upon appropriation by the Legislature, for the
purposes of this chapter.