BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1173
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 1173 (Wolk) - As Amended:  August 2, 2010 

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            7-4
                        Environmental Safety and Toxic Materials6-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill conditionally prohibits the use of raw water for  
          nonpotable use if recycled water is available.  Specifically,  
          this bill:

          1)Defines "raw water" as untreated surface water or groundwater.

          2)Expands, to include the use of raw water for nonpotable use,  
            the existing declaration that the use of potable domestic  
            water for nonpotable use is a waste or unreasonable use if  
            recycled water is available.  

          3)Adds "reliability" to the criteria by which the State Water  
            Resources Control Board (SWRCB) determines the availability of  
            recycled water.

           FISCAL EFFECT  

          1)Minor costs of less than $100,000 every few years to SWRCB to  
            conduct a waste and unreasonable use hearing.

          2)Annual cost to DPH of an unknown but significant amount to  
            review water recycling project.  While the actual number of  
            new recycling projects that will result from this bill is  
            unknown, DPH estimates an additional 150 water recycling  
            projects per year, with approximately 40 hours of review time  
            per project.  Under those assumptions, DPH would face annual  
            costs of approximately $550,000, equivalent to three to four  
            positions.  (GF, to be reimbursed by fee revenue collected  
            pursuant to existing authority.) 








                                                                  SB 1173
                                                                  Page  2


           COMMENTS  

           1)Rationale  .  The author contends the existing prohibition on  
            the use of potable domestic water for nonpotable purposes if  
            recycled water is available should be applied to raw water,  
            too.  This is because, according to the author, raw water is  
            more appropriately reserved for treatment and subsequent use  
            as drinking water, thereby extending the state's water  
            supplies.

           2)Background  .  The California Constitution prohibits the waste  
            or unreasonable use of water and provides that the right to  
            use water does not extend to unreasonable or wasteful use.   
            Existing law declares it a waste or an unreasonable use of  
            water to use potable domestic water for nonpotable use, such  
            as landscape irrigation, if recycled water is available that  
            is of adequate quality, meaning it is safe and not too costly.  
             According to the law, SWRCB is responsible for determining  
            the availability of recycled water of adequate quality.

            Recycled water is former sewage treated to meet minimal  
            health and safety standards as determined by SWRCB and  
            the Department of Public Health (DPH).  DPH reports it  
            must review all new recycled water projects, the cost of  
            which it can recover through existing billing mechanisms.
              
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081