BILL ANALYSIS
SB 1173
Page 1
Date of Hearing: June 29, 2010
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Pedro Nava, Chair
SB 1173 (Wolk) - As Amended: June 10, 2010
SENATE VOTE : 22-11
SUBJECT : Recycled water: raw water.
SUMMARY : Prohibits the use of raw water for non-potable uses
when recycled water is available and appropriate. Specifically,
this bill :
1)Defines "raw water" as untreated surface water or groundwater
and excludes remediated groundwater.
2)Prohibits using raw water for non-potable uses if recycled
water meets criteria for quantity, quality, and cost is
available.
3)Adds a criterion that the supply of recycled water must also
be "reliable" before use can be required. In determining
reliability, this bill requires the State Water Resources
Control Board (SWRCB) to consider whether the recycled water
supply is subject to interruption.
EXISTING LAW :
1)Prohibits the waste or unreasonable use of water and provides
that the right to use water does not extend to water that is
unreasonably used or wasted.
2)Prohibits the use of potable water for non-potable purposes
(for example outside irrigation) if recycled water is
available at adequate quality, cost, and will not have adverse
impacts on public health, the environment, or other water
rights holders.
FISCAL EFFECT : The SWRCB estimates that under this 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. There would be a potential cost to water users who
are currently using raw water that would be required to use
recycled water when it is available.
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COMMENTS :
1)Need for the bill. According to the author, "based on the
California Water Plan, recycled water has the potential to
provide nearly 1.5 million acre feet annually of new water for
California by 2030. (Enough water for 3 million California
families.)
Recycled water use provides the same benefits to California
when it is used to replace raw water as when it is used to
replace potable supplies. This bill expands current law to
ensure that recycled water supplies will be used to replace
both potable and raw water in the future."
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2)Recycled water . Recycled water, sometimes called reclaimed
water, is former wastewater (sewage) that has been treated to
remove solids and certain impurities. Recycled water is used
for many purposes including agricultural irrigation, landscape
irrigation, groundwater recharge, and seawater intrusion
barriers. Before recycled water can be used for these
beneficial uses, the SWRCB and Department of Public Health
requires treatment to remove pollutants that could be harmful
to the beneficial use of the water.
3)A waste or an unreasonable use of water . In California the
use of potable domestic water for non-potable purposes is a
waste or unreasonable use within the meaning of California
Constitutional 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. This means that
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 of the California
Constitution.
4)How enforceable are the prohibitions against a waste of water?
The current requirements to use recycled water in lieu of
potable water is only enforceable by a loss of water rights.
This standard was established in 1928, when voters approved
Proposition 7, amending the California Constitution to
prohibit waste and unreasonable use and diversion. In the
case of recycled water vs. raw water use, there may not be a
water rights holder involved in the decisions to use recycled
water thereby leaving the standard unenforceable.
The Committee may wish to consider adding more
appropriated enforcement authority for the SWRCB to
discourage this waste of raw water.
1)Global warming and the use of recycled water quality . Under
this bill, the SWRCB is required to make a finding that
recycled water is of adequate quality, is furnished at a
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reasonable cost, that it meets public health requirements,
will not adversely affect downstream water rights, and will
not degrade the environment. One of the key considerations
that the SWRCB should include is the potential effect of using
recycled water on green house gas production and global
warming.
The Committee may wish to consider requiring the SWRCB
to include considering issues such as energy use and
transportation energy use when determining whether recycled
water is the appropriate source for water projects.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Sanitation Agencies
California Landscape Contractors Association
California Water Association
City of Camarillo
Contra Costa Water District
Inland Empire Utilities Agency
Opposition
None received.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965