BILL NUMBER: SB 1173	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2010

INTRODUCED BY   Senator Wolk

                        FEBRUARY 18, 2010

   An act to amend Sections 13550, 13551, 13552.2, and 13552.6 of
 , and to add Section 13052 to,  the Water Code, relating to
recycled water.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1173, as amended, Wolk. Recycled water. 
   (1) The Porter-Cologne Water Quality Control Act establishes a
statewide program for the control of the quality of all the waters in
the state.  
   This bill would define raw water for purposes of the act. 

   (1) 
    (2)  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   raw or potable domestic  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) 
    (3)  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   raw or potable  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) 
    (4)  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   raw or potable  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   raw  or untreated municipal and
industrial water, where appropriate,  achieves  
achieve  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   raw  water that could be used
for other municipal and industrial purposes.
   SEC. 2.    Section 13052 is added to the  
Water Code  , to read:  
   13052.  As used in this division, "raw water" means surface water
or groundwater that has not been treated. 
   SEC. 2.  SEC. 3.   Section 13550 of the
Water Code is amended to read:
   13550.  (a) The use of  nonrecycled   raw
water or potable domestic  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 that meets all of the
following conditions, as determined by the state board, after notice
to any person or entity that may be ordered to use recycled water or
to cease using  nonrecycled   raw or potable
 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
 nonrecycled   raw or potable  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, or treating nonrecycled   and delivering raw
or potable water, and treating potable  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  nonrecycled   raw or
potable  water.
   (3) After concurrence with the State Department of 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
recycled water on each individual user.
   (c) The state board may require a public agency or person subject
to this article to furnish information that the state board
determines to be relevant to making the determination required in
subdivision (a).
   SEC. 3.   SEC. 4.   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
  raw or potable  water from any source of quality
suitable for 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. The use of recycled water in
lieu of  nonrecycled   raw or potable 
water suitable for 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.   SEC. 5.   Section 13552.2 of
the Water Code is amended to read:
   13552.2.  (a) The use of  nonrecycled   raw
or potable 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.   SEC. 6.   Section 13552.6 of
the Water Code is amended to read:
   13552.6.  (a) The use of  nonrecycled   raw
or potable  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).