BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 607|
|Office of Senate Floor Analyses | |
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CONSENT
Bill No: SB 607
Author: Walters (R)
Amended: 4/27/11
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 5/2/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Water quality: brackish groundwater treatment
SOURCE : South Orange County Wastewater Authority
DIGEST : This bill requires the State Water Resources
Control Board (SWRCB), on or before January 1, 2013, to
either amend the California Ocean Plan, or adopt separate
standards, to address water quality objectives and effluent
limitations that are specifically appropriate for brackish
groundwater treatment system facilities that produce
municipal water supplies for local use.
ANALYSIS : Existing federal law, under the Clean Water
Act, establishes the national pollutant discharge
elimination system (NPDES) permit program, regulating point
sources that discharge pollutants into waters of the United
States, and designates authorized states to implement and
enforce the NPDES program.
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Existing state law, under the Porter-Cologne Water Quality
Act, provides that the SWRCB and the nine California
regional water quality control boards (RWQCBs) are the
principal state agencies with responsibility for the
coordination and control of water quality in California,
and requires the SWRCB to adopt state policies for water
quality and requires the RWQCBs to adopt policies in
compliance with the state policies.
This bill requires SWRCB to either amend the California
Ocean Plan or adopt separate standards to address water
quality objectives and effluent limitations specifically
appropriate to brackish groundwater treatment system
facilities that produce municipal water supplies for local
use on or before January 1, 2013.
Comments
California Ocean Plan . The California Ocean Plan is the
state's water quality control plan for ocean waters. It
lists "beneficial uses" of California's ocean waters which
need to be protected; establishes "water quality
objectives" necessary to achieve protection for those
beneficial uses; identifies areas where discharges are
prohibited; and sets forth a program of implementation
(including water discharge limitations, monitoring and
enforcement) to ensure that water quality objectives are
met. SWRCB adopted the Ocean Plan in 1972 and has made
periodic revisions every few years.
Purpose of the bill . According to the author's office,
given California's strained water resources, identifying
alternative sources of water has become paramount. AB 2717
(Hertzberg), Chapter 957, Statutes of 2002, requires the
Department of Water Resources to create a task force to
make recommendations identifying "potential opportunities"
for the use of seawater and brackish water desalination in
California. Subsequently, desalination has been included
in the State Water Plan as an alternative to be considered
as part of a region's water supply.
The author's office argues that the development of potable
water from local sources of brackish groundwater does not
occur consistently and there are not predictable standards
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across the various regions of the state. The author's
office further states that this condition creates a
disincentive to invest in local water supplies for water
suppliers. The treatment and use of brackish water is
important to accomplishing the goal of producing reliable
and varied water supply sources for the people of the
state.
The author's office states that despite the ongoing water
challenges and their potentially devastating economic
impacts, SWRCB has not provided clear direction. According
to the author's office, as a result differing policies
established by RWQCBs has resulted in more onerous and
costly penalties based on a revision of the NPDES permit
program. The author's office argues that a non-uniform
permitting process jeopardizes existing and proposed
recycled water, desalination and groundwater treatment
facilities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/13/11)
South Orange County Wastewater Authority (source)
DLW:mw 5/16/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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