BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 918| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 918 Author: Pavley (D) Amended: 6/1/10 Vote: 21 SENATE HEALTH COMMITTEE : 6-3, 3/24/10 AYES: Alquist, Cedillo, Leno, Negrete McLeod, Pavley, Romero NOES: Strickland, Aanestad, Cox SENATE ENV. QUALITY COMMITTEE : 6-0, 4/19/10 AYES: Simitian, Runner, Corbett, Lowenthal, Pavley, Strickland NO VOTE RECORDED: Hancock SENATE APPROPRIATIONS COMMITTEE : 7-3, 5/27/10 AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee NOES: Denham, Walters, Wyland NO VOTE RECORDED: Cox SUBJECT : Water recycling SOURCE : Planning and Conservation League WateReuse California DIGEST : This bill requires the Department of Public Health (DPH) to adopt uniform water recycling criteria for indirect potable water reuse for groundwater recharge, as defined, by December 31, 2013, and develop and adopt uniform water recycling criteria for surface water CONTINUED SB 918 Page 2 augmentation, as defined, by December 31, 2016. The bill requires DPH to investigate the feasibility of developing uniform water recycling criteria for direct portable reuse and to provide a final report on that investigation to the Legislature by December 31, 2016. The bill requires from July 1, 2011, to June 30, 2017, inclusive, funds generated by the imposition of specified liabilities for violations of water quality requirements to be made available, upon appropriations, by the Legislature, to DPH for purposes of developing and adopting the water recycling criteria. ANALYSIS : Existing federal law 1. Under the Safe Drinking Water Act (SDWA), sets public health regulatory standards for drinking water. 2. Under the Clean Water Act (CWA), regulates discharge of pollutants into the waters of the United States and sets quality standards for surface waters. Existing California law 1. Requires DPH to enforce laws and regulations related to drinking water safety. 2. Requires the State Water Resources Control Board (SWRCB) and the Regional Water Quality Control Boards (RWQCBs) to enforce water quality laws and regulations for the state's waterways. 3. Requires the assessment of penalties for violations of water quality laws and requires the funds generated by these civil penalties to be deposited into the Waste Discharge Permit Fund, to be expended by SWRCB upon appropriation by the Legislature for the purpose of pollution abatement in the state's waters. 4. Establishes the Water Recycling Act of 1991, creating a statewide goal to recycle a total of 700,000 acre-feet of water per year by 2000 and 1,000,000 acre-feet of water per year by 2010. Requires each urban water supplier to prepare, and update every five years, an CONTINUED SB 918 Page 3 urban water management plan with specified components, including information on recycled water and its potential for use as a water source in the service area of the urban water supplier. 5. Requires DPH to establish uniform statewide recycling criteria for each type of use of recycled water use. This bill: 1. Makes various findings a declarations regarding the use and benefits of recycled water. 2. Defines "direct potable reuse," "indirect potable reuse for groundwater recharge" and "surface water augmentation." 3. Requires DPH to adopt uniform water recycling criteria for indirect potable reuse for groundwater recharge on or before December 31, 2013. 4. Requires DPH to develop and adopt uniform water recycling criteria for surface water augmentation on or before December 31, 2016. 5. Requires DPH to investigate and report to the Legislature on the feasibility of developing uniform water recycling criteria for direct potable reuse, and requires a public review draft report to the Legislature and public by June 30, 2016, and a final report by December 31, 2016. 6. Requires DPH to consider specified factors in developing both the uniform criteria and the feasibility study. 7. Requires DPH to convene an expert panel to advise on scientific and technical matters related to the development of the aforementioned criteria, comprised of specified experts. Allows DPH to also appoint an advisory group, task force, or other group comprised of representatives of water and wastewater agencies, local public health officers, and related public health and environmental organizations. CONTINUED SB 918 Page 4 8. Provides that funds generated by civil penalties deposited in the Waste Discharge Permit Fund between July 1, 2011 and June 30, 2017 must be made available to DPH upon appropriation by the Legislature. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee analysis: Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Development of criteria $171 $171 $226 Special* * Waste Discharge Permit Fund. SUPPORT : (Verified 5/27/10) Planning and Conservation League (co-source) WateReuse California (co-source) California Association of Sanitation Agencies California Municipal Utilities Association California Water Association City of Roseville County Sanitation Districts of Los Angeles East Bay Municipal Utility District Eastern Municipal Water District Irvine Ranch Water District Las Virgenes Water District Metropolitan Water District of Southern California San Diego Coastkeeper San Diego County Water Authority San Gabriel Valley Council of Governments Sierra Club California ARGUMENTS IN SUPPORT : According to the author's office, each year, California discharges nearly four million acre feet of wastewater into the ocean, more than the State Water Project delivers to the Bay Area, the Central Valley CONTINUED SB 918 Page 5 and Southern Caliornia. Much of that water could be recylced. However, because the state has not adopted uniform safety standards, the permitting and design processes for building and operating water recycling facilities are unpredictable, discouraging local communities from tapping into this major water source. CTW:do 6/1/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED