BILL ANALYSIS                                                                                                                                                                                                    



                                                               SB 1173
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2009-2010 Regular Session
                                           
           BILL NO:    SB 1173
           AUTHOR:     Wolk
           AMENDED:    March 24, 2010
           FISCAL:     Yes                                  HEARING  
           DATE:April 19, 2010
           URGENCY:    No                                  CONSULTANT:     
               Rachel Machi                                Wagoner
            
           SUBJECT  :    RECYCLED WATER

            SUMMARY  :    
           
            Existing law pursuant to Article X, Section 2 of the  
           Constitution of California  :  
            
           1)Requires the prevention of waste or unreasonable use of  
             water.  

           2)Provides that the right to water does not extend to water  
             that is wasted or unreasonably used.

           3)Prohibits use of potable water for non-potable purposes if  
             recycled water is available at adequate quality, a  
             reasonable cost, meets public health requirements, will not  
             adversely affect downstream water rights and will not  
             degrade the environment.

            This bill  :

           1) Makes various findings and declarations regarding the use  
              and benefits of recycled water.

           2) Defines "raw water" as surface water or groundwater that  
              has not been treated.

           3) Expands the current requirement prohibiting the use of  
              potable water when recycled water is available to include a  
              prohibition on the use of raw water when recycled water is  
              available.









                                                               SB 1173
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           COMMENTS  :

            1)Purpose of Bill  .  According to the author, "Recycled water  
             has been identified as one of the most promising potential  
             sources of new water supplies to meet the growing water  
             needs of California.  Use of recycled water is particularly  
             beneficial because its use frees up water for treatment and  
             use as drinking water or it provides an alternative to  
             increasing diversions from sensitive ecosystems such as the  
             Delta and over-drafted groundwater basins.

           State law currently encourages the use of recycled water for  
             industrial, landscape and other non-potable uses, in place  
             of the use of potable water supplies.  In some cases,  
             however, raw water, rather than potable water is used for  
             industrial cooling and other non-potable uses.

           Unfortunately, while the use of recycled water would provide  
             similar benefits if used to replace the demand of these  
             non-potable uses, current law does not cover the replacement  
             of raw water with recycled water.

           This bill simply extends current law to encourage the use of  
             recycled water in place of raw water in addition to potable  
             water.  With this extension, we can ensure that recycled  
             water use is maximized and that raw water can be re-directed  
             for treatment and use for potable needs or left in the river  
             or aquifer for environmental or storage purposes."

            2)Comment  .  The County of Los Angeles has a support if amended  
             position, stating that SB 1173 does not specify which agency  
             would determine the reasonable distance at which recycled  
             water would be deemed unavailable.  The County suggests that  
             the water purveyor make the determination.  However,  
             consistent with the other determinations made pursuant to  
             this chapter of law, it is more appropriate for those types  
             of determinations to be made by the State Water Resources  
             Control Board as provided under this bill.
               
           SOURCE  :        Senator Wolk
            









                                                               SB 1173
                                                                 Page 3

           SUPPORT  :       County of Los Angeles (if amended)
                          
            OPPOSITION  :    Association of California Water Agencies