BILL ANALYSIS Ó
AB 134
Page 1
ASSEMBLY THIRD READING
AB 134 (Dickinson)
As Amended April 15, 2011
Majority vote
WATER, PARKS & WILDLIFE 9-1 APPROPRIATIONS 12-4
-----------------------------------------------------------------
|Ayes:|Huffman, Blumenfield, |Ayes:|Fuentes, Blumenfield, |
| |Campos, Fong, Gatto, | |Bradford, Charles |
| |Roger Hernández, | |Calderon, Campos, Davis, |
| |Hueso, Lara, Yamada | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Halderman |Nays:|Harkey, Nielsen, Norby, |
| | | |Wagner |
| | | | |
-----------------------------------------------------------------
SUMMARY : Allows the Sacramento Regional County Sanitation
District (SRCSD) to apply for a permit from the State Water
Resources Control Board (SWRCB) to appropriate an amount of
water up to the amount of discharged wastewater. Specifically,
this bill :
1)Allows the SRCSD to file an application with the SWRCB for a
permit to appropriate an amount of water equal to the amount
of treated wastewater discharged, less carriage losses, for
diversion out of the Sacramento River or Sacramento-San
Joaquin Delta.
2)Clarifies that any permit granted by the SWRCB will be subject
to the terms and conditions authorized under applicable law.
3)Declares a special law is necessary due to the unique problems
applicable to full utilization of the waters of the Sacramento
River into which the SRCSD discharges treated wastewater.
EXISTING LAW :
1)Provides that the owner of a wastewater treatment plant shall
hold the exclusive right to the treated wastewater.
2)Requires approval from the SWRCB for a change in the point of
AB 134
Page 2
discharge, place of use, or purpose of use of treated
wastewater, unless such change does not decrease flow in any
portion of a watercourse.
3)Protects wastewater which has been introduced into the
watercourse with the intention of maintaining or enhancing
fishery, wildlife, recreational or other instream beneficial
uses from being treated as abandoned and subject to
appropriation by others.
4)Allows waste disposal plants discharging into the San Joaquin
River to apply for a permit to appropriate up to an amount of
water equivalent to the discharge less carriage losses and to
sell or utilize that water for any beneficial purpose.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor costs, no more than tens of thousands of
dollars, to SWRCB to review SRCSD's permit application, should
it file one. (Special fund.)
COMMENTS : The importance of the Sacramento-San Joaquin Delta
Estuary (Delta) as a regional, state and national treasure and
an integral part of an ecosystem which is home to more than 750
wildlife species and more than 120 species of fish is well
documented. Equally well documented has been the precipitous
decline of its fisheries including, but not limited to, fish
species listed under both the Federal Endangered Species Act
(ESA) and California Endangered Species Act (CESA) such as Delta
smelt, winter-run Chinook salmon and spring-run Chinook salmon.
There have been many reasons for this decline including the
effects of the Central Valley Project (CVP) and State Water
Project (SWP). The CVP/SWP, have two huge pumping plants
located in the south of the Delta that are regulated to prevent
jeopardy to ESA and CESA-listed fish species. Increasingly,
however the agencies that contract with the Federal Bureau of
Reclamation and State Department of Water Resources for CVP/SWP
export supplies have focused on the possible role of other
"stressors" besides the water projects in the fish declines. In
particular, they have contributed to studies analyzing ammonia
as affecting the Delta food web and fish species and called for
more stringent permits on discharges into the Sacramento River
from the Sacramento Regional Wastewater Treatment Plant
AB 134
Page 3
(Treatment Plant) owned and operated by SRCSD. On December 9,
2010, the Central Valley Regional Water Quality Control Board
issued a new Waste Discharge Requirement for the SRCSD Treatment
Plant which, among its provisions, requires increased wastewater
filtration and limits ammonia levels. SCRSD estimates facility
upgrades to meet the new requirements could cost up to $2.1
billion.
SRCSD's wastewater discharges form part of the water supply
exported by the CVP/SWP. This is because the CVP/SWP Delta
pumping plants are authorized to take all the water in the
system that they are capable of diverting constrained by
physical limitations (the size of the pumps and canals) and
legal standards.
This bill would allow SRCSD to apply to the SWRCB for a permit
to appropriate up to the amount of water that SRCSD discharges
to the Sacramento River less carriage losses. A permit would
allow SCRSD to sell or utilize the water for any beneficial
purpose. However, this bill does not require the SWRCB to issue
such a permit and would subject the permit, if issued, to the
terms and conditions the SWRCB deems necessary to protect other
legal users of water, including the environment.
Supporters of this bill note it is consistent with and modeled
after existing law, which both affirms the SRCSD's right to its
wastewater and, according to a statute enacted in 1961, allows
the City of Stockton to appropriate wastewater from the San
Joaquin River. Supporters assert that if SCRSD is able to
obtain permits for a portion of the water it discharges it may
be able to defray an incremental amount of the treatment plant
upgrade costs.
Opponents of the bill are concerned that some of the water
discharged by SRCSD under this bill has historically been
considered Delta inflow available for use and export downstream.
They also state that other treatment plants must make
legally-required upgrades without the benefit of a special law.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096 FN:
AB 134
Page 4
0000645