Amended in Senate August 12, 2013

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 would specify that hose bibs are approved for use at cemeteries supplied with disinfected tertiary treated recycled water. The bill would require a cemetery supplied with disinfected tertiary treated 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 ofbegin delete advanced treated purified water, as defined,end deletebegin insert recycled water determined to be suitable for direct potable reuse or surface water augmentationend insert into a conveyance facilitybegin insert to be determinedend insert at the point where thebegin delete advanced treated purifiedend deletebegin insert recycledend insert 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 thebegin delete advanced treated purifiedend deletebegin insert recycledend insert 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
P3    1on any waters of the state, or discharged in or deposited where it
2is, or probably will be, discharged in or on any waters of the state,
3shall, as soon as that person has knowledge of the discharge,
4immediately notify the local health officer or the director of
5environmental health of the discharge.

6(b) A person who fails to provide the notice required by this
7section is guilty of a misdemeanor and shall be punished by a fine
8of not less than five hundred dollars ($500) nor more than one
9thousand dollars ($1,000), or imprisonment for less than one year,
10or both the fine and imprisonment.

11(c) The notification required by this section shall not apply to
12a discharge authorized by law and in compliance with waste
13discharge requirements or other requirements established by the
14appropriate regional water quality control board or the State Water
15Resources Control Board.

16(d) The notification required by this section shall not apply to
17an unauthorized discharge of effluent of treated sewage defined
18as recycled water pursuant to Section 13050 or 13529.2 of the
19Water Code.

20

SEC. 3.  

Chapter 4.5 (commencing with Section 8117) is added
21to Part 1 of Division 8 of the Health and Safety Code, to read:

22 

23Chapter  4.5. Maintenance of Cemetery Grounds
24

 

25

8117.  

Hose bibs are approved for use at cemeteries supplied
26with disinfected tertiary treated recycled water.

27

8118.  

A cemetery supplied with disinfected tertiary treated
28recycled water that installs a hose bib in an area subject to access
29by the general public shall post signage and labeling visible to the
30general public that the water is nonpotable. The signage and
31labeling shall be regularly inspected by the water purveyor, as
32defined in Section 512 of the Water Code, to ensure that the general
33public has proper notice of this fact.

34

SEC. 4.  

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

35

13263.7.  

(a) Compliance with effluent limitations and any
36other permit or waste discharge requirements, as appropriate, for
37the release or discharge ofbegin delete advanced treated purifiedend deletebegin insert recycledend insert water
38begin insert determined to be suitable for direct potable reuse or surface water
39augmentation, as defined in Section 13561,end insert
into a conveyance
40facility may be determined at the point where thebegin delete advanced treated
P4    1purifiedend delete
begin insert recycledend insert water enters the conveyance facility but prior to
2commingling with any raw water.

3(b) Before the discharge may be allowed, consent must be
4obtained from the owner or operator of the conveyance facility
5that directly receives thebegin delete advanced treated purifiedend deletebegin insert recycledend insert water.

begin insert

6(c) This section does not limit or restrict the authority of the
7State Water Resources Control Board.

end insert
begin delete

8(c)

end delete

9begin insert(d)end insert For purposes of thisbegin delete section:end deletebegin insert section, “raw water” means
10surface water or groundwater in its naturally occurring state prior
11to treatment.end insert

begin delete

12(1) “Advanced treated purified water” means water of
13wastewater origin treated with a treatment method at least as
14effective as membrane filtration, reverse osmosis, advanced
15oxidation, disinfection, and engineered reliability features or other
16suitable treatment as approved by the State Department of Public
17Health.

end delete
begin delete

18(2) “Raw water” means surface water or groundwater in its
19naturally occurring state prior to treatment.

end delete


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