Amended in Senate June 25, 2013

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 of, and to add Chapter 4.5 (commencing with Section 8117) to Part 1 of Division 8 of, 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 to recycled water. Existing law requires any person who, without regard to intent or negligence, causes or permits any sewage or other waste, or the effluent of treated sewage or other waste, 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.

(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.

This bill wouldbegin insert specify that hose bibs are approved for use at cemeteries supplied with disinfected tertiary treated recycled water. The bill wouldend insert require a cemetery supplied with disinfected tertiarybegin insert treatedend insert recycled water that installs a hose bib in a public access area to post visible signage and labeling indicating that the water is nonpotable.

(3) 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 water. 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 water.

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 other waste, or the
7effluent of treated sewage or other waste, to be discharged in or
8on any waters of the state, or discharged in or deposited where it
9is, or probably will be, discharged in or on any waters of the state,
10shall, as soon as that person has knowledge of the discharge,
P3    1immediately notify the local health officer or the director of
2environmental health of the discharge.

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

17

SEC. 3.  

Chapter 4.5 (commencing with Section 8117) is added
18to Part 1 of Division 8 of the Health and Safety Code, to read:

19 

20Chapter  4.5. Maintenance of Cemetery Grounds
21

 

begin insert
22

begin insert8117.end insert  

Hose bibs are approved for use at cemeteries supplied
23with disinfected tertiary treated recycled water.

end insert
24

begin delete8117.end delete
25begin insert8118.end insert  

A cemetery supplied with disinfected tertiarybegin insert treatedend insert
26 recycled water that installs a hose bib in an area subject to access
27by the general public shall post signage and labeling visible to the
28general public that the water is nonpotable. The signage and
29labeling shall be regularly inspected by the water purveyor, as
30defined in Section 512 of the Water Code, to ensure that the general
31public has proper notice of this fact.

32

SEC. 4.  

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

33

13263.7.  

(a) Compliance with effluent limitations and any
34other permit or waste discharge requirements, as appropriate, for
35the release or discharge of advanced treated purified water into a
36conveyance facility may be determined at the point where the
37advanced treated purified water enters the conveyance facility but
38prior to commingling with any raw water.

P4    1(b) Before the discharge may be allowed, consent must be
2obtained from the owner or operator of the conveyance facility
3that directly receives the advanced treated purified water.

4(c) For purposes of this section:

5(1) “Advanced treated purified water” means water of
6wastewater origin treated with a treatment method at least as
7effective as membrane filtration, reverse osmosis, advanced
8oxidation, disinfection, and engineered reliability features or other
9suitable treatment as approved by the State Department of Public
10Health.

11(2) “Raw water” means surface water or groundwater in its
12naturally occurring state prior to treatment.



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