BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 134|
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THIRD READING
Bill No: AB 134
Author: Dickinson (D), et al.
Amended: 4/15/11 in Assembly
Vote: 21
SENATE NATURAL RES. AND WATER COMMITTEE : 8-0, 6/28/11
AYES: Pavley, La Malfa, Cannella, Fuller, Kehoe, Padilla,
Simitian, Wolk
NO VOTE RECORDED: Evans
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 42-23, 5/26/11 - See last page for vote
SUBJECT : Appropriation of water: Sacramento Regional
County Sanitation District
SOURCE : Sacramento Regional County Sanitation District
DIGEST : This bill allows the Sacramento Regional County
Sanitation District to apply for a permit from the State
Water Resources Control Board to appropriate an amount of
water up to the amount of discharged wastewater.
ANALYSIS :
Existing law:
1. Provides that the owner of a wastewater treatment plant
shall hold the exclusive right to the treated
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wastewater.
2. Requires approval from the State Water Resources Control
Board (SWRCB) for a change in the point of 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.
This bill:
1. Allows the Sacramento Regional County Sanitation
District (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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/11/11)
Sacramento Regional County Sanitation District (source)
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American Rivers
California Apartment Association
California Association of Sanitation Agencies
California League of Food Processors
California Teamsters Public Affairs Council
Campbell Soup Company
Central Contra Costa Sanitary District
Cities of Citrus Heights, Elk Grove, Rancho Cordova,
Sacramento, and West Sacramento
Congresswoman Doris Matsui
County of Sacramento
County of Yolo
Downtown Sacramento Partnership
Marriott Cal Expo Properties
Midtown Business Association
Nor-Cal Beverage Co., Inc.
North State Building Industry Association
Rental Housing Association of Sacramento Valley
Sacramento Metro Chamber
The Nature Conservancy
The River District
OPPOSITION : (Verified 7/11/11)
Cucamonga Valley Water District
Eastern Municipal Water District
Irvine Ranch Water District
Metropolitan Water District of Southern California
Three Valleys Municipal Water District
Upper San Gabriel Valley Municipal Water District
ARGUMENTS IN SUPPORT : According to the author, "This
legislation would provide an additional procedural option
for ÝSac Regional] to realize the benefit of its treated
wastewater discharges. Depending on the outcome of its
anticipated permit application to the State Board to
appropriate water up to an amount equal in volume to its
discharge, ÝSac Regional] could potentially market that
water to willing purchasers, thereby offsetting part of
what has been estimated to be nearly $2.1 billion in
treatment plant upgrades that will be necessary to comply
with recent regulatory actions taken by the Central Valley
Regional Water Quality Control Board ('Regional Board')."
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ARGUMENTS IN OPPOSITION : Six Southern California water
agencies submitted a letter stating "Although several of
our previous concerns have been addressed in amendments to
the bill, we remain opposed due to the precedent it creates
as other wastewater dischargers would be encouraged to seek
similar authorization to appropriate their effluent
discharges. In addition, we are concerned that the 'market
opportunities' the bill would provide to SRCSD can actually
serve as a disincentive for water conservation in the
region."
ASSEMBLY FLOOR : 42-23, 5/26/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Chesbro, Dickinson,
Feuer, Fong, Fuentes, Furutani, Gatto, Hayashi, Hill,
Huber, Hueso, Huffman, Logue, Bonnie Lowenthal, Ma,
Mendoza, Mitchell, Monning, Olsen, Pan, Perea,
Portantino, Skinner, Swanson, Wieckowski, Williams,
Yamada, John A. Pérez
NOES: Achadjian, Conway, Cook, Donnelly, Fletcher, Beth
Gaines, Grove, Hagman, Halderman, Harkey, Jeffries,
Knight, Mansoor, Miller, Morrell, Nestande, Nielsen,
Norby, Silva, Smyth, Torres, Valadao, Wagner
NO VOTE RECORDED: Charles Calderon, Carter, Cedillo,
Davis, Eng, Galgiani, Garrick, Gordon, Gorell, Hall,
Roger Hernández, Jones, Lara, V. Manuel Pérez, Solorio
CTW:kc 7/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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