Amended in Senate June 19, 2013

Amended in Assembly April 22, 2013

Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 803


Introduced by Assembly Member Gomez

(Principal coauthor: Senator Hueso)

February 21, 2013


An act to amend Section 5411.5 ofbegin insert, and to add Chapter 4.5 (commencing with Section 8117) to Part 1 of Division 8 ofend insertbegin insert,end insert the Health and Safety Code, and to add Section 13263.7 to the Water Code, relating to recycled water.

LEGISLATIVE COUNSEL’S DIGEST

AB 803, as amended, Gomez. Water Recycling Act of 2013.

(1) Existing law requires the State Department of Public Health to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. Existing regulations prescribe various requirements and prohibitions relating tobegin delete recycledwaterend deletebegin insert recycled waterend insert. Existing law requires any person who, without regard to intent orbegin delete negligenceend deletebegin insert negligence,end insert causes or permits any sewage or other waste, or the effluent of treated sewage or otherbegin delete wasteend deletebegin insert waste,end insert to be discharged in or on any waters of the state, or where it probably will be discharged in or on any waters of the state, to immediately notify the local health officer of the director of environmental health of the discharge, as prescribed.

This bill, the Water Recycling Act of 2013, would provide that this notification requirement does not apply to an unauthorized discharge of effluent of treated sewage defined as recycled water, as defined.

begin insert

(2) Existing law provides for the regulation of cemeteries, including, among others, private cemeteries, public cemeteries, and cemeteries operated by a religious organization. Existing law permits a governing board of a city or county to prescribe standards of maintenance for cemeteries to protect the public health or safety.

end insert
begin insert

This bill would require a cemetery supplied with disinfected tertiary recycled water that installs a hose bib in a public access area to post visible signage and labeling indicating that the water is nonpotable.

end insert
begin delete

(2)

end delete

begin insert(3)end insert Existing law establishes the State Water Resources Control Board and the California regional water quality control boards as the principal state agencies with authority over matters relating to water quality.

This bill would authorize compliance with effluent limitations and any other permit or waste discharge requirements for the release or discharge of advanced treated purified water, as defined, into a conveyance facility at the point where the advanced treated purified water enters the conveyance facility but prior to commingling with any raw waterbegin delete or other water sourceend deletebegin insert. The bill would require, before a discharge may be allowed, consent be obtained from the owner or operator of the conveyance facility that directly receives the advanced treated purified waterend insert.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

This act shall be known and may be cited as the
2Water Recycling Act of 2013.

3

SEC. 2.  

Section 5411.5 of the Health and Safety Code is
4amended to read:

5

5411.5.  

(a) Any person who, without regard to intent or
6negligence, causes or permits any sewage or otherbegin delete wasteend deletebegin insert waste,end insert
7 or the effluent of treated sewage or otherbegin delete wasteend deletebegin insert waste,end insert to be
8discharged in or on any waters of the state, or discharged in or
9deposited where it is, or probably will be, discharged in or on any
10waters of the state,begin insert shall,end insert as soon as that person has knowledge of
P3    1the discharge, begin deleteshall end deleteimmediately notify the local health officer or
2the director of environmental health of the discharge.

3(b) begin deleteAny end deletebegin insertA end insertperson who fails to provide the notice required by
4this section is guilty of a misdemeanor and shall be punished by
5a fine of not less than five hundred dollars ($500) nor more than
6one thousand dollars ($1,000), or imprisonment for less than one
7year, or both the fine and imprisonment.

8(c) The notification required by this section shall not apply to
9a discharge authorized by law and in compliance with waste
10discharge requirements or other requirements established by the
11appropriate regional water quality control board or the State Water
12Resources Control Board.

13(d) The notification required by this section shall not apply to
14an unauthorized discharge of effluent of treated sewage defined
15as recycled water pursuant to Section 13050 or 13529.2 of the
16Water Code.

17begin insert

begin insertSEC. 3.end insert  

end insert

begin insertChapter 4.5 (commencing with Section 8117) is added
18to Part 1 of Division 8 of the end insert
begin insertHealth and Safety Codeend insertbegin insert, to read:end insert

begin insert

19 

20Chapter  begin insert4.5.end insert Maintenance of Cemetery Grounds
21

 

22

begin insert8117.end insert  

A cemetery supplied with disinfected tertiary recycled
23water that installs a hose bib in an area subject to access by the
24general public shall post signage and labeling visible to the general
25public that the water is nonpotable. The signage and labeling shall
26be regularly inspected by the water purveyor, as defined in Section
27512 of the Water Code, to ensure that the general public has proper
28notice of this fact.

end insert
29

begin deleteSEC. 3.end delete
30begin insertSEC. 4.end insert  

Section 13263.7 is added to the Water Code, to read:

31

13263.7.  

(a) Compliance with effluent limitations and any
32other permit or waste discharge requirements, as appropriate, for
33the release or discharge of advanced treated purified water into a
34conveyance facility may be determined at the point where the
35advanced treated purified water enters the conveyance facility but
36prior to commingling with any raw waterbegin delete or other water sourceend delete.

begin insert

37(b) Before the discharge may be allowed, consent must be
38obtained from the owner or operator of the conveyance facility
39that directly receives the advanced treated purified water.

end insert
begin delete

40(b)

end delete

P4    1begin insert(c)end insert For purposes of this section:

2(1) “Advanced treated purified water” means water of
3wastewater origin treated with a treatment method at least as
4effective as membrane filtration, reverse osmosis, advanced
5oxidation, disinfection, and engineered reliability features or other
6suitable treatment as approved by the State Department of Public
7Health.

8(2) “Raw water” means surface water or groundwater in its
9naturally occurring state prior to treatment.



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