BILL NUMBER: SB 1173 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wolk
FEBRUARY 18, 2010
An act to amend Sections 13550, 13551, 13552.2, and 13552.6 of the
Water Code, relating to recycled water.
LEGISLATIVE COUNSEL'S DIGEST
SB 1173, as introduced, Wolk. Recycled water.
(1) Existing law declares that the use of potable domestic water
for nonpotable uses is a waste or an unreasonable use of water if
recycled water is available, as determined by the State Water
Resources Control Board, and other requirements are met.
This bill, instead, would declare that the use of nonrecycled
water for nonpotable municipal or industrial uses is a waste or
unreasonable use of water if recycled water is available, as
determined by the board, and other requirements are met.
(2) Existing law prohibits a person or public agency from using
any water that is suitable for potable domestic use for nonpotable
uses if suitable recycled water is available, as determined by the
board, and other requirements are met.
This bill, instead, would prohibit a person or public agency from
using nonrecycled water that is suitable for nonpotable municipal or
industrial uses if suitable recycled water is available, as
determined by the board, and other requirements are met.
(3) Existing law declares that the use of potable domestic water
for the irrigation of residential landscaping, floor trap priming,
cooling towers, and air-conditioning devices is a waste and
unreasonable use of water if recycled water is available, as
determined by the board, and other requirements are met.
This bill, instead, would declare that the use of nonrecycled
water for those purposes is a waste and unreasonable use of water if
recycled water is available, as determined by the board, and other
requirements are met.
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. The Legislature finds and declares all of the
following:
(a) Recycled water can serve as an alternative to potable and
nonpotable municipal and industrial water supplies, with many
potential benefits.
(b) Potential benefits of recycled water include, but are not
limited to, all of the following:
(1) Recycled water provides a reliable water supply that is
locally controlled.
(2) Use of recycled water may decrease the need to divert or
import water from sensitive rivers and streams.
(3) Recycled water may also allow communities to become less
dependent on groundwater and surface water sources.
(4) Additionally, water reuse may reduce the nutrient loads from
wastewater discharges into waterways, thereby reducing and preventing
pollution.
(c) Recycled water supplies utilized in place of nonpotable or
untreated municipal and industrial water, where appropriate, achieves
many of the same benefits as replacement of potable water supplies.
(d) The state board currently has an equitable, useful, and
effective process for determining the appropriate use of recycled
water in place of potable supplies. This same process will be useful
in determining the appropriate use of recycled water in place of
nonpotable water that could be used for other municipal and
industrial purposes.
SEC. 2. Section 13550 of the Water Code is amended to read:
13550. (a) The Legislature hereby finds and declares
that the The use of potable domestic
nonrecycled water for nonpotable municipal
or industrial uses, including, but not limited to, cemeteries,
golf courses, parks, highway landscaped areas, and industrial and
irrigation uses, is a waste or an unreasonable use of the water
within the meaning of Section 2 of Article X of the California
Constitution if recycled water is available which
that meets all of the following conditions, as determined
by the state board, after notice to any person or entity who
that may be ordered to use recycled water or to
cease using potable nonrecycled water
and a hearing held pursuant to Article 2 (commencing with Section
648) of Chapter 1.5 of Division 3 of Title 23 of the California Code
of Regulations:
(1) The source of recycled water is of adequate quality for these
uses and is available for these uses. In determining adequate
quality, the state board shall consider all relevant factors,
including, but not limited to, food and employee safety, and level
and types of specific constituents in the recycled water affecting
these uses, on a user-by-user basis. In addition, the state board
shall consider the effect of the use of recycled water in lieu of
potable nonrecycled water on the
generation of hazardous waste and on the quality of wastewater
discharges subject to regional, state, or federal permits.
(2) The recycled water may be furnished for these uses at a
reasonable cost to the user. In determining reasonable cost, the
state board shall consider all relevant factors, including, but not
limited to, the present and projected costs of supplying, delivering,
and or treating potable
domestic nonrecycled water for these uses and
the present and projected costs of supplying and delivering recycled
water for these uses, and shall find that the cost of supplying the
treated recycled water is comparable to, or less than, the cost of
supplying potable domestic nonrecycled
water.
(3) After concurrence with the State Department of Health
Services Public Health , the use of recycled
water from the proposed source will not be detrimental to public
health.
(4) The use of recycled water for these uses will not adversely
affect downstream water rights, will not degrade water quality, and
is determined not to be injurious to plantlife, fish, and wildlife.
(b) In making the determination pursuant to subdivision (a), the
state board shall consider the impact of the cost and quality of the
nonpotable recycled water on each
individual user.
(c) The state board may require a public agency or person subject
to this article to furnish information which
that the state board determines to be relevant to making the
determination required in subdivision (a).
SEC. 3. Section 13551 of the Water Code is amended to read:
13551. A person or public agency, including a state agency, city,
county, city and county, district, or any other political
subdivision of the state, shall not use nonrecycled water
from any source of quality suitable for potable domestic
municipal or industrial use for nonpotable uses,
including cemeteries, golf courses, parks, highway landscaped areas,
and industrial and irrigation uses if suitable recycled water is
available as provided in Section 13550 ; however, any
. The use of recycled water in lieu
of nonrecycled water suitable for potable
domestic municipal or industrial use shall, to
the extent of the recycled water so used, be deemed to constitute a
reasonable beneficial use of that nonrecycled water and
the use of recycled water shall not cause any loss or diminution of
any existing water right.
SEC. 4. Section 13552.2 of the Water Code is amended to read:
13552.2. (a) The Legislature hereby finds and declares
that the The use of potable domestic
nonrecycled water for the irrigation of
residential landscaping is a waste or an unreasonable use of water
within the meaning of Section 2 of Article X of the California
Constitution if recycled water, for this use, is available to the
residents and meets the requirements set forth in Section 13550, as
determined by the state board after notice and a hearing.
(b) The state board may require a public agency or person subject
to this section to submit information that the state board determines
may be relevant in making the determination required in subdivision
(a).
SEC. 5. Section 13552.6 of the Water Code is amended to read:
13552.6. (a) The Legislature hereby finds and declares
that the The use of potable domestic
nonrecycled water for floor trap priming,
cooling towers, and air-conditioning devices is a waste or an
unreasonable use of water within the meaning of Section 2 of Article
X of the California Constitution if recycled water, for these uses,
is available to the user, and the water meets the requirements set
forth in Section 13550, as determined by the state board after notice
and a hearing.
(b) The state board may require a public agency or person subject
to this section to submit information that the state board determines
may be relevant in making the determination required in subdivision
(a).