BILL NUMBER: SB 1173	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  JUNE 10, 2010
	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  rainwater and  raw water for
purposes of the act.
   (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 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, including,
but not limited to, a requirement that the source of recycled water
is reliable for those uses.
   (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 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.
   (4) Existing law declares that the use of potable domestic water
for the irrigation of residential landscaping is a waste and
unreasonable use of water if recycled water is available to
residents, as determined by the board, and other requirements are
met.
   This bill, instead, would declare that the use of raw or potable
water for the irrigation of landscaping is a waste and unreasonable
use of water if recycled water is available to users, as determined
by the board, and other requirements are met.
   (5) Existing law declares that the use of potable domestic water
for 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 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 raw or untreated
municipal and industrial water, where appropriate, 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 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  
division: 
    (a) "Rainwater" means rain or snowmelt that has not entered
an offsite storm drain system or channel, a flood control channel, or
any other stream channel, and has not previously been put to
beneficial use. 
    (b)     "Raw  water" means surface
water or groundwater that has not been treated. Raw water does not
include remediated groundwater  or rainwater  .
  SEC. 3.  Section 13550 of the Water Code is amended to read:
   13550.  (a) The use of 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 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 and reliable 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 determining
reliability, the state board shall consider whether the recycled
water supply is subject to interruption. In addition, the state board
shall consider the effect of the use of recycled water in lieu of
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 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 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. 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 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 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
water and the use of recycled water shall not cause any loss or
diminution of any existing water right.
  SEC. 5.  Section 13552.2 of the Water Code is amended to read:
   13552.2.  (a) The use of raw or potable water for the irrigation
of 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 user 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. 6.  Section 13552.6 of the Water Code is amended to read:
   13552.6.  (a) The use of 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).