BILL NUMBER: SB 918 CHAPTERED
BILL TEXT
CHAPTER 700
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 26, 2010
PASSED THE ASSEMBLY AUGUST 25, 2010
AMENDED IN ASSEMBLY AUGUST 20, 2010
AMENDED IN ASSEMBLY AUGUST 16, 2010
AMENDED IN SENATE JUNE 1, 2010
AMENDED IN SENATE APRIL 26, 2010
AMENDED IN SENATE APRIL 12, 2010
AMENDED IN SENATE MARCH 17, 2010
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, Pavley. Water recycling.
(1) 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
adopt uniform water recycling criteria for indirect potable water
reuse for groundwater recharge, as defined, by December 31, 2013. The
bill would require the department to develop and adopt uniform water
recycling criteria for surface water augmentation, as defined, by
December 31, 2016, if a specified expert panel convened pursuant to
the bill finds that the criteria would adequately protect public
health. The bill would require the department to investigate the
feasibility of developing uniform water recycling criteria for direct
potable reuse, as defined, and to provide a final report on that
investigation to the Legislature by December 31, 2016. The bill would
require the department, in consultation with the State Water
Resources Control Board, to report to the Legislature from 2011 to
2016, inclusive, as part of the annual budget process, on the
progress towards developing and adopting the water recycling criteria
for surface water augmentation and its investigation of the
feasibility of developing water recycling criteria for direct potable
reuse. The bill would require the State Water Resources Control
Board to enter into an agreement with the department to assist in
implementing the water recycling criteria provisions.
(2) Existing law imposes specified civil liabilities for
violations of water quality requirements, and requires all funds
generated by the imposition of those liabilities to be deposited in
the Waste Discharge Permit Fund. Existing law requires these moneys
to be expended by the State Water Resources Control Board, upon
appropriation by the Legislature, to assist California regional water
quality control boards and other public agencies in cleaning up or
abating the effects of waste on waters of the state.
This bill would require those funds to additionally be made
available, upon appropriation by the Legislature, to the state board
for purposes of assisting with the development and adoption of the
water recycling criteria.
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) A person who (1) violates 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 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) A person who, without regard to intent or negligence,
causes or permits 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 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) A person shall not be liable 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. However, 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 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 shall not exceed fifteen
thousand dollars ($15,000) for each day the violation occurs.
(2) The civil liability on a per gallon basis 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 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 shall not exceed ten
dollars ($10) for each gallon of waste discharged.
(f) A regional board 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 the sums. Except in the case of a violation of a cease and
desist order, a regional board or the state board shall make the
request only after a hearing, with due notice of the hearing given to
all affected persons. In determining the amount to be imposed,
assessed, or recovered, 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) A person who incurs any liability established under this
section shall be entitled to contribution for that liability from 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) Notwithstanding any other 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 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, or to assist in implementing Chapter 7.3 (commencing
with Section 13560).
SEC. 2. Section 13521 of the Water Code is amended to read:
13521. The State Department of 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) Although there has been much scientific research on public
health issues associated with indirect potable reuse through
groundwater recharge, there are a number of significant unanswered
questions regarding indirect potable reuse through surface water
augmentation and direct potable reuse.
(e) Achievement of the state's goals depends on the timely
development of uniform statewide recycling criteria for indirect and
direct potable water reuse.
(f) This chapter is not intended to delay, invalidate, or reverse
any study or project, or development of regulations by the
department, the state board, or the regional boards regarding the use
of recycled water for indirect potable reuse for groundwater
recharge, surface water augmentation, or direct potable reuse.
(g) This chapter shall not be construed to delay, invalidate, or
reverse the department's ongoing review of projects consistent with
Section 116551 of the Health and Safety Code.
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 planned introduction of
recycled water either directly into a public water system, as defined
in Section 116275 of the Health and Safety Code, or into a raw water
supply immediately upstream of a water treatment plant.
(c) "Indirect potable reuse for groundwater recharge" means the
planned use of recycled water for replenishment of a groundwater
basin or an aquifer that has been designated as a source of water
supply for a public water system, as defined in Section 116275 of the
Health and Safety Code.
(d) "Surface water augmentation" means the planned placement of
recycled water into a surface water reservoir used as a source of
domestic drinking water supply.
(e) "Uniform water recycling criteria" has the same meaning as in
Section 13521.
13561.5. The state board shall enter into an agreement with the
department to assist in implementing this chapter.
13562. (a) (1) On or before December 31, 2013, the department
shall adopt uniform water recycling criteria for indirect potable
reuse for groundwater recharge.
(2) (A) Except as provided in subparagraph (C), on or before
December 31, 2016, the department shall develop and adopt uniform
water recycling criteria for surface water augmentation.
(B) Prior to adopting uniform water recycling criteria for surface
water augmentation, the department shall submit the proposed
criteria to the expert panel convened pursuant to subdivision (a) of
Section 13565. The expert panel shall review the proposed criteria
and shall adopt a finding as to whether, in its expert opinion, the
proposed criteria would adequately protect public health.
(C) The department shall not adopt uniform water recycling
criteria for surface water augmentation pursuant to subparagraph (A),
unless and until the expert panel adopts a finding that the proposed
criteria would adequately protect public health.
(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 June 30, 2016. 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, 2016. 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.
(c) (1) Notwithstanding Section 10231.5 of the Government Code,
the requirement for submitting a report imposed under paragraph (3)
of subdivision (a) is inoperative on December 31, 2020.
(2) A report to be submitted pursuant to paragraph (3) of
subdivision (a) shall be submitted in compliance with Section 9795 of
the Government Code.
13563.5. (a) The department, in consultation with the state
board, shall report to the Legislature as part of the annual budget
process, in each year from 2011 to 2016, inclusive, on the progress
towards developing and adopting uniform water recycling criteria for
surface water augmentation and its investigation of the feasibility
of developing uniform water recycling criteria for direct potable
reuse.
(b) (1) A written report submitted pursuant to subdivision (a)
shall be submitted in compliance with Section 9795 of the Government
Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2017.
13564. In developing uniform recycling criteria for surface water
augmentation, the department shall consider all of the following:
(a) The final report from the National Water Research Institute
Independent Advisory Panel for the City of San Diego Indirect Potable
Reuse/Reservoir Augmentation (IPR/RA) Demonstration Project.
(b) Monitoring results of research and studies regarding surface
water augmentation.
(c) Results of demonstration studies conducted for purposes of
approval of projects using surface water augmentation.
(d) Epidemiological studies and risk assessments associated with
projects using surface water augmentation.
(e) Applicability of the advanced treatment technologies required
for recycled water projects, including, but not limited to, indirect
potable reuse for groundwater recharge projects.
(f) Water quality, limnology, and health risk assessments
associated with existing potable water supplies subject to discharges
from municipal wastewater, stormwater, and agricultural runoff.
(g) Recommendations of the State of California Constituents of
Emerging Concern Recycled Water Policy Science Advisory Panel.
(h) State funded research pursuant to Section 79144 and
subdivision (b) of Section 79145.
(i) Research and recommendations from the United States
Environmental Protection Agency Guidelines for Water Reuse.
(j) Other relevant research and studies regarding indirect potable
reuse of recycled water.
13565. (a) (1) The department shall convene and administer an
expert panel for the purposes of advising the department on public
health issues and scientific and technical matters regarding
development of uniform water recycling criteria for indirect potable
reuse through surface water augmentation and 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, an engineer licensed in the state with at least three
years' experience in wastewater treatment, an engineer licensed in
the state with at least three years' experience in treatment of
drinking water supplies and knowledge of drinking water standards, an
epidemiologist, 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,
public health nongovernmental organizations, and the business
community, to advise the department regarding the development of
uniform water recycling criteria for direct potable reuse.
(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.
13566. In performing its investigation of the feasibility of
developing the 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 13565.
(b) Recommendations from an advisory group, task force, or other
group appointed by the department pursuant to subdivision (b) of
Section 13565.
(c) Regulations and guidelines for these activities from
jurisdictions in other states, the federal government, or other
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.
(e) Results of investigations pursuant to Section 13563.
(f) Water quality and health risk assessments associated with
existing potable water supplies subject to discharges from municipal
wastewater, stormwater, and agricultural runoff.
13567. 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.