BILL ANALYSIS SB 918 Page 1 Date of Hearing: June 15, 2010 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Pedro Nava, Chair SB 918 (Pavley) - As Amended: June 1, 2010 SENATE VOTE: 24-12 SUBJECT: Water recycling standards. SUMMARY: Requires the State Department of Public Health (DPH) to establish standards for various types of water recycling. Specifically, this bill : 1)Requires the DPH to adopt uniform water recycling criteria for indirect potable use for groundwater recharge, by December 31, 2013. 2)Requires the DPH to adopt uniform water recycling criteria for surface water augmentation by December 31, 2016. The criteria for surface water augmentation would be subject to review and approval by an expert panel on uniform water recycling criteria for indirect potable reuse through surface water augmentation convened by the DPH. i) The expert panel made up of members with specified expertise; include at least 6 members with following experts: (a) Toxicologist (b) Engineer with at least 3 years of experience in wastewater treatment (c) Engineer with at least 3 years experience in treatment of drinking water supplies and knowledge of drinking water standards; (d) Epidemiologist (e) Microbiologist; and (f) Chemist ii) Provides that members of the panel may be compensated for travel expenses. iii) Authorizes the DPH to convene an advisory group or task force on the development of uniform water recycling criteria for indirect potable reuse through surface water augmentation that must include at least 9 representatives SB 918 Page 2 of water agencies, local governments, environmental, public health, environmental justice and business. Environmental, environmental justice and non-governmental public health Member may be compensated for travel expenses. iv) Requires that the criteria for indirect potable reuse through surface water augmentation developed by DHS shall consider 10 specified sources of information on water reuse. 3)Requires the Department to investigate and then report to the Legislature on the feasibility of developing uniform water recycling criteria for direct potable reuse, by December 31, 2016. The investigation and report to the legislature shall include a consideration of a 10 specific factors related to direct potable reuse. 4)The bill authorizes the expenditure from July 1, 2011 until June 30, 2017 for the implementation of the bill from the Waste Discharge Permit Fund currently allocated for use by the State Water Resources Control Board. EXISTING LAW: 1)Requires DPH to establish uniform statewide recycling criteria for each type of use of recycled water where the use involves the protection of public health. 2)Requires funds generated by these civil penalties to be deposited into the Waste Discharge Permit Fund, to be expended by the State Water Resources Control Board (SWRCB) upon appropriation by the Legislature, to assist Regional Water Quality Control Boards in cleaning up or abating the effects of waste in waters in the state. FISCAL EFFECT : According to the Senate Appropriations Committee, this bill would result in an annual cost of $171,000 to $226,000 to be paid from the State Water Resources Control Board Waste Discharge Permit Fund. COMMENTS: 1)Need for the bill . According to the author, this bill addresses the need for the increased use of recycled water. Specifically, the author points out that "California SB 918 Page 3 discharges nearly 4 million acre feet of wastewater into the ocean - more than the State Water Project delivers to the Bay Area, the Central Valley, and Southern California. Much of that water could be recycled. 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." 2)Recycled water . Recycled water, sometimes called reclaimed water, is former wastewater (sewage) that has been treated to remove solids and certain impurities, and then allowed to recharge the aquifer rather than being discharged to surface water. This recharging is often done by using the treated wastewater for irrigation. Recycled water is used for many purposes including agricultural irrigation, landscape irrigation, groundwater recharge, and seawater intrusion barriers. Before recycled water can be used for these beneficial uses, the Regional Water Quality Control Boards and DPH require treatment to remove pollutants that could be harmful to the beneficial use. 3)State regulation for groundwater recharge . DPH regulates projects under the State Water Recycling Criteria (Title 22) and draft groundwater recharge regulations. The draft recharge regulations, which are used as guidance in evaluating projects, specifically address protection of public health. a) In January 2007, DPH posted a revised draft of the groundwater recharge regulations on its website and formed an expanded Groundwater Recharge Regulations Working Group to discuss and revise the draft regulations. In August 2008, DPH posted a revised draft of the regulations on its website and asked for public comments to be submitted in October 2008. b) In 2009, DPH submitted the draft regulations to DPH's legal services group for review. Once a final draft has been prepared based on the legal services input, the complete regulatory package must be prepared and the formal regulatory process can begin. 4)Does this bill limit existing DPH authority to establish recycled water regulations? The existing statute (H&S code 13560) authorizes the DPH to adopt standards for multiple uses SB 918 Page 4 of recycled water. The provisions of SB 918 provide specific dates for the completion of new regulations. Both of these categories will be further limited by this bill by requiring the approval of an independent technical committee of the criteria for surface water augmentation and direct potable use will require a specific investigation and report. The bill may have the effect of limiting the authority of the DPH to adopt standards for both recycling criteria for surface water augmentation and for direct potable reuse. 5)Double-referral to the Assembly Water, Parks and Wildlife Committee . Should this measure be approved by this Committee, the do pass motion must include the action to re-refer the bill to the Assembly Committee on Water, Parks and Wildlife. REGISTERED SUPPORT / OPPOSITION: Support: Planning & Conservation League (Co-Sponsor) WateReuse (Co-Sponsor) Association of California Water Agencies California Association of Sanitation Agencies California Municipal Utilities Association California Water Association City of Roseville City of San Jose County Sanitation Districts of Los Angeles County East Bay Municipal Utility District Eastern Municipal Water District Las Virgenes Water District Irvine Ranch 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 Opposition: None on file. Analysis Prepared by: Bob Fredenburg / E.S. & T.M. / (916) 319-3965 SB 918 Page 5