BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1173|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1173
Author: Wolk (D)
Amended: As introduced
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 5-3, 3/23/10
AYES: Pavley, Kehoe, Lowenthal, Padilla, Wolk
NOES: Cogdill, Hollingsworth, Huff
NO VOTE RECORDED: Simitian
SENATE ENV. QUALITY COMMITTEE : 4-2, 4/19/10
AYES: Simitian, Corbett, Lowenthal, Pavley
NOES: Runner, Strickland
NO VOTE RECORDED: Hancock
SUBJECT : Recycled water
SOURCE : Author
DIGEST : This bill defines raw water in statute and
prohibits the use of raw water when recycled water is
available and appropriate for use.
ANALYSIS : Existing law:
1. 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.
CONTINUED
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2. 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.
3. 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 defines "raw water" as surface or ground water
that has not been treated. The bill expands on the current
prohibition against 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.
Background
Article X, Section 2 of the California Constitution
requires the prevention of waste or unreasonable use of
water. It further provides that the right to water does
not extend to water that is wasted or unreasonably used.
Under current law, the use of potable domestic water for
non-potable purposes is a waste or unreasonable use within
the meaning of Article X, Section 2, if recycled water is
available that meets specific conditions. Those conditions
include that the recycled water is of adequate quality, is
furnished at a reasonable cost, that it meets public health
requirements, will not adversely affect downstream water
rights, and will not degrade the environment.
Consequently, if recycled water is available that meets the
conditions established in statute and a water user instead
uses potable water, the water rights associated with the
potable water are at risk for violating Article X, Section
2.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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The State Water Resources Control Board estimates that
under the bill an additional waste and unreasonable use
hearing will occur once every two to three years. A
typical hearing costs about $65,000 to complete.
SUPPORT : (Verified 5/5/10)
California Association of Sanitation Agencies
California Landscape Contractors Association
California Water Association
City of Camarillo
Inland Empire Utilities Agency
Los Angeles County
OPPOSITION : (Verified 5/5/10)
Association of California Water Agencies (unless amended)
ARGUMENTS IN SUPPORT : According to the author's office,
"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
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purposes."
ARGUMENTS IN OPPOSITION : The Association of California
Water Agencies (ACWA) states that the provisions of this
bill match ACWA's policies towards water conversation
measures and the use of recycled water, however, they
believe there is one integral piece missing from this
legislation that is necessary in order for the bill to
actually reach its intended goal. The bill's March 24,
2010 amended version proposes to substitute the term "raw
or potable" for the existing "potable domestic," and
potentially could result in the use of non-potable sources
of water that do not meet the Porter-Cologne Act's
definition of "recycled water" being deemed to be
unreasonable. This could preclude, for example, remediated
groundwater, which many agencies currently use for
non-potable water uses. ACWA wants the following amendment
indicating it would make the bill stronger: on page three,
line six after the word "treated" insert "'raw water' does
not include remediated groundwater." Many of ACWA's
members don't feel that the amendments of March 24 are
specific enough. Remediated groundwater by definition is
"treated," just not treated for drinking water purposes.
DLW:CTW:nl 5/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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