BILL ANALYSIS
SB 1173
Page 1
SENATE THIRD READING
SB 1173 (Wolk)
As Amended August 2, 2010
Majority vote
SENATE VOTE :22-11
WATER, PARKS & WILDLIFE 7-4 ENVIRONMENTAL SAFETY 6-3
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|Ayes:|Huffman, Arambula, |Ayes:|Nava, Chesbro, Davis, |
| |Blumenfield, Caballero, | |Feuer, Monning, Ruskin |
| |Bonnie Lowenthal, Salas, | | |
| |Yamada | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Fuller, Anderson, Tom |Nays:|Miller, Blakeslee, Smyth |
| |Berryhill, Fletcher | | |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Fuentes, Bradford, | | |
| |Huffman, Coto, Davis, De | | |
| |Leon, Gatto, Hall, | | |
| |Skinner, Solorio, | | |
| |Torlakson, Torrico | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Conway, Harkey, Miller, | | |
| |Nielsen, Norby | | |
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SUMMARY : Prohibits, conditionally, 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
but excludes remediated groundwater or rainwater.
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
SB 1173
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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.
EXISTING LAW :
1)Provides, under Article X, Section 2 of the California
Constitution, that the right to use water does not extend to
waste or unreasonable use.
2)States that the use of potable domestic water for nonpotable
uses, including, but not limited to cemeteries, golf courses,
parks, or highway landscaped areas, is a waste or unreasonable
use of water if recycled water is available that meets certain
conditions for quantity, quality, and cost.
3)Requires the SWRCB to determine how much recycled water is
available of adequate quality.
4)Requires recycled water to meet certain health and safety
standards as determined by SWRCB and the Department of Public
Health (DPH).
5)Requires DPH to review all new recycled water projects but
allows DPH to recover its costs of review through existing
billing mechanisms.
FISCAL EFFECT :
1)Minor costs of less than $100,000 every few years to SWRCB to
conduct a waste and unreasonable use hearing.
2)Minor, absorbable costs to DPH to review water recycling
projects. (General Fund, to be reimbursed by fee revenue
collected pursuant to existing authority.)
COMMENTS : Under current law, 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, meets public health
requirements, will not adversely affect downstream water rights,
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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.
According to the authors 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 Sacramento-San Joaquin Delta and
over-drafted groundwater basins.
The author amended this bill to alleviate concerns that because
remediated groundwater and rainwater do not meet the
Porter-Cologne Act's definition of recycled water, this bill
could result in a finding that the application of remediated
groundwater or rainwater to a non-potable use, such as
landscaping irrigation, was an unreasonable use of water.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096
FN: 0006015