BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 918|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                              UNFINISHED BUSINESS


          Bill No:  SB 918
          Author:   Pavley (D)
          Amended:  8/20/10
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  6-3, 3/24/10
          AYES:  Alquist, Cedillo, Leno, Negrete McLeod, Pavley,  
            Romero
          NOES:  Strickland, Aanestad, Cox

           SENATE ENVIRONMENTAL 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

           SENATE FLOOR  :  24-12, 6/2/10
          AYES:  Alquist, Calderon, Cedillo, Corbett, Correa,  
            DeSaulnier, Ducheny, Florez, Hancock, Harman, Kehoe,  
            Leno, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley,  
            Price, Romero, Simitian, Steinberg, Wolk, Wright, Yee
          NOES:  Aanestad, Ashburn, Cogdill, Cox, Denham, Dutton,  
            Hollingsworth, Huff, Runner, Strickland, Walters, Wyland
          NO VOTE RECORDED:  Oropeza, Wiggins, Vacancy, Vacancy

           ASSEMBLY FLOOR  :  54-21, 8/25/10 - See last page for vote


                                                           CONTINUED





                                                                SB 918
                                                                Page  
          2

           SUBJECT  :    Water recycling

           SOURCE  :     Planning and Conservation League
                      WaterReuse California


           DIGEST  :    This bill requires the Department of Public  
          Health to establish standards for various types of water  
          recycling.

           Assembly Amendments  require the Department of Public Health  
          (DPH), in consultation with the State Water Resources  
          Control Board, to report to the Legislature from 2011 to  
          2016, as part of the annual budget process, and require the  
          board to enter into an agreement with the State Department  
          of Public Health for the expenditure of funds from the  
          Waste Discharge Permit Fund for the development of uniform  
          statewide recycled water use 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  

                                                           CONTINUED





                                                                SB 918
                                                                Page  
          3

             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  
             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. 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.

             A.    The expert panel made up of members with specified  
                expertise; include at least six members with  
                following experts:

                     Toxicologist 
                     Engineer with at least three years of  
                 experience in wastewater treatment
                     Engineer with at least three years experience  
                 in treatment of drinking water supplies and  
                 knowledge of drinking water standards
                     Epidemiologist
                     Microbiologist
                     Chemist


                                                           CONTINUED





                                                                SB 918
                                                                Page  
          4

             B.    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  
                nine representatives 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.

             C.    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 DPH 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. Requires the DPH, in consultation with the State Water  
             Resources Control Board, to annual report in the budget  
             on progress being made toward adoption of water  
             recycling criteria.

          5. Authorizes the expenditure for the implementation of the  
             bill from the Waste Discharge Permit Fund pursuant to an  
             agreement with the State Water Resources Control Board.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Assembly Appropriations Committee, this  
          bill will result in a cost of approximately $500,000 to  
          $700,000 for DPH planning to be paid from the SWRCB Waste  
          Discharge Permit Fund.  The expenditure of these funds by  
          DPH will be subject to an interagency agreement between DHP  
          and the SWRCB.

           SUPPORT  :   (Verified  8/25/10)

          Planning & Conservation League (co-source)

                                                           CONTINUED





                                                                SB 918
                                                                Page  
          5

          WateReuse (co-source)
          California Association of Sanitation Agencies
          California Coastkeeper Alliance 
          California Municipal Utilities Association
          California Water Association
          City of San Jos?
          County Sanitation Districts of Los Angeles County
          East Bay Municipal Utility District
          Eastern Municipal Water District
          Heal the Bay 
          Irvine Ranch Water District
          Las Virgenes Municipal Water District
          Metropolitan Water District of Southern California
          San Diego Coastkeeper
          San Gabriel Valley Council of Governments

           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  
          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.


           ASSEMBLY FLOOR : 
          AYES:  Ammiano, Anderson, Arambula, Bass, Beall, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Caballero,  
            Charles Calderon, Carter, Chesbro, Coto, Davis, De La  
            Torre, De Leon, Eng, Evans, Feuer, Fong, Furutani,  
            Galgiani, Gatto, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Lieu, Bonnie Lowenthal,  
            Ma, Mendoza, Monning, Nava, Niello, V. Manuel Perez,  
            Portantino, Ruskin, Salas, Saldana, Skinner, Solorio,  
            Swanson, Torlakson, Torres, Torrico, Yamada, John A.  
            Perez
          NOES:  Adams, Bill Berryhill, Tom Berryhill, Conway, Cook,  
            DeVore, Fuller, Gaines, Garrick, Gilmore, Hagman, Knight,  
            Logue, Miller, Nestande, Nielsen, Silva, Smyth, Audra  
            Strickland, Tran, Villines
          NO VOTE RECORDED:  Fletcher, Fuentes, Norby, Vacancy,  

                                                           CONTINUED





                                                                SB 918
                                                                Page  
          6

            Vacancy


          CTW:do  8/26/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****





































                                                           CONTINUED