BILL ANALYSIS Ó AB 803 Page 1 Date of Hearing: April 30, 2013 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Luis Alejo, Chair AB 803 (Gomez) - As Amended: April 22, 2013 SUBJECT : Water recycling. SUMMARY : Modifies the State Water Resources Control Board (SWRCB) and Regional Water Quality Control Boards (RWQCBs) regulation of recycled water. Specifically, this bill : 1)Designates this act as the Water Recycling Act of 2013. 2)Modifies recycled water spill reporting thresholds by making those in the Health and Safety Code the same as those in the Porter-Cologne Water Quality Control Act (Porter-Cologne). 3)Authorizes the SWRCB and the RWQCBs to permit Advanced Treated Purified Water (ATPW) projects at the point where the highly treated water enters a conveyance facility exiting the treatment plant. 4)Provides that ATPW means water of wastewater origin treated with a treatment method at least as effective as membrane filtration, reverse osmosis, advanced oxidation, disinfection, and engineered reliability features or other suitable treatment as approved by the State Department of Public Health (DPH). EXISTING LAW: 1)Pursuant to the Porter -Cologne Act, the SWRCB has the authority over State water rights and water quality policy. Establishes nine RWQCBs to oversee water quality on a day-to-day basis at the local and regional level. 2)Requires, under Porter-Cologne, that tertiary treated recycled water is only reportable at 50,000 gallons or more and that recycled water that is treated to less than a tertiary level is reportable at 1,000 gallons. 3)Requires the DPH to enforce laws and regulations related to drinking water safety. AB 803 Page 2 4)Requires DPH to establish uniform statewide recycling criteria for each type of use of recycled water use. 5)Requires any person proposing to discharge waste within any region to file a report of waste discharge with the appropriate RWQCB. No discharge may take place until the RWQCB issues waste discharge requirements or a waiver of the waste discharge requirements. FISCAL EFFECT : Unknown COMMENTS : Need for the bill. According to the author, "This bill will remove barriers to the increased use of recycled water and insure protection of public health and safety by Aligning existing provisions in law to reduce unnecessary paperwork that results from the reporting of incidental run-off from recycled water projects. The bill clarifies existing Regional Water Quality Control Board authority to permit Advanced Treated Purified Water projects at the point where the highly treated water exits the treatment plant and enters a conveyance facility. In the case of the City of San Diego, the permitting approach acknowledged in the bill will avoid the cost and environmental impact of a $220 million pipeline. Water recycling in California : According to the California Association of Water Agencies, California is among the major players worldwide in water recycling. There are over 250 water recycling plants currently operating in the state. According to the California Department of Water Resources, the state recycles anywhere from 450,000 acre-feet to 580,000 acre-feet of wastewater annually, which is almost three times the amount recycled in 1970. About two-thirds of the state's recycled water is used for irrigation, with about 46% used for agriculture and another 21% used for landscaping. About 14% is used for groundwater recharge, while 19% goes to all other uses. The SWRCB has identified the potential to reuse an additional 1.5 million acre-feet in the future. City of San Diego project : The city of San Diego is currently considering the final phase of the water reuse program which is the construction of a full-scale advanced water treatment plant and transmission pipeline. According the City, the treatment AB 803 Page 3 plant would take recycled water (acceptable for irrigation and industrial applications) from the North City Water Reclamation Plant and apply additional treatment to produce high quality advanced treated water. A 22-mile pipeline would then transport this advanced treated recycled water to San Vicente Reservoir, where it would blend with imported untreated water and reside for several months prior to being sent to water treatment plants for additional treatment and distribution as potable water. Advanced treated purified water : The bill requires recycled water to meet ATPW standards approved the DPH. There is currently not a specific DPH standard or process for approving ATPW. The DPH may be applying the current regulations for filtered and disinfected wastewater meeting California's Water Recycling Criteria for unrestricted reuse (California Title 22 Requirements for Unrestricted Reuse). Chemicals of emerging concern : The SWRCB adopted a Recycled Water Policy in February 2009 intended to provide permitting clarity for recycled water projects. One challenge in developing that policy was how to address new classes of chemicals, such as pharmaceuticals, current use pesticides, and industrial chemicals, collectively referred to as chemicals of emerging concern (CECs). Many CECs are potentially present in recycled water, but the detection of many of these chemicals is so recent that robust methods for their quantification and toxicological data for interpreting potential human or ecosystem health effects are unavailable. Related current legislation: SB 322 (Hueso). Requires the National Water Research Institute to convene and administer the expert panel to advise the DPH regarding the development of uniform water recycling criteria for direct potable reuse. SB322 is set to be heard in the Senate Environmental Quality Committee on May 1, 2013. AB 1200 (Levine). Establishes a water recycling pilot project in Sonoma County for the storage of recycled water in agricultural ponds. AB 1200 is set to be heard in the Environmental Safety and Toxic Material Committee on April 30, 2013. Prior legislation : AB 803 Page 4 AB 2398 (Hueso) 2012, would have comprehensively reorganized the State's recycled water statutes into a new Division of the Water Code. This bill was held in the Senate Natural Resources and Water Committee. Dual Referral : This bill was heard by the Assembly Water Parks and Wildlife Committee on April 18, 2013, and passed with a 15 to 0 vote. REGISTERED SUPPORT / OPPOSITION : Support WateReuse (sponsor) American Federation of State, County and Municipal Employees, AFL-CIO Association of California Water Agencies California Association of Sanitation Agents California Coastkeeper Alliance California Municipal Utilities Association California Water Association Desert Water Agency East Bay Municipal Utility District Eastern Municipal Water District El Dorado Irrigation District Irvine Ranch Water District Olivenhain Municipal Water District Sacramento Regional County Sanitation District San Diego County Water Authority West Basin Municipal Water District Opposition Russian River Watershed Protection Committee Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916) 319-3965