BILL ANALYSIS �
AB 803
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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.
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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
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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 :
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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