Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1200


Introduced by Assembly Member Levine

February 22, 2013


An act to addbegin delete Section 13529.1 toend deletebegin insert and repeal Chapter 7.7 (commencing with Section 13590) of Division 7 ofend insert the Water Code, relating tobegin delete water conservation.end deletebegin insert recycled water.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1200, as amended, Levine. Recycled water:begin delete landscaping.end deletebegin insert agricultural irrigation impoundments: pilot project.end insert

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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.

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This bill would, before October 1, 2014, require the San Francisco Bay Regional Water Quality Board to authorize a voluntary pilot project for the purposes of investigating potential water quality impacts associated with maximizing the supplementation of agricultural irrigation impoundments with disinfected tertiary treated recycled water, if the regional board finds that the proposed pilot project satisfies specified criteria. This bill would require the pilot project to include a stakeholder advisory group, composed as prescribed, to review and provide input on pilot project design, implementation, and data analysis. This bill would require a prescribed final report to be issued to the San Francisco Bay Regional Water Quality Control Board and the state board, as specified. This bill would repeal these provisions on January 1, 2018.

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Existing law declares that the use of potable domestic water for the irrigation of residential landscaping is a waste or unreasonable use of water if recycled water is available for that use and certain requirements are met. Existing law authorizes any public agency to require the use of recycled water for irrigation of residential landscaping if recycled water is available and certain other requirements are met.

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Existing law, the Water Conservation in Landscaping Act, to the extent funds are appropriated, requires, on or before January 1, 2010, a city, county, or city and county, to either adopt a model local water efficient landscape ordinance drafted and updated by the Department of Water Resources or to adopt a water efficient landscape ordinance that is at least as effective as the model local water efficient landscape ordinance in conserving water, as prescribed.

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This bill would require the department to require 1,000,000 acre-feet of the water used for landscaping each year to be supplied by recycled water by 2020.

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

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

P2    1begin insert

begin insertSECTION end insertbegin insert1.end insert  

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The Legislature finds and declares all of the
2following:

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3(a) California faces increasing demands on its freshwater
4resources. These demands are compounded by a growing state
5population, limited groundwater and surface water supplies,
6increased ecosystem conflicts, and a changing climate.

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7(b) Water recycling represents a tremendous opportunity to
8increase California’s water supply and to overcome the growing
9water resource challenges that threaten continued economic,
10ecosystem, and community prosperity.

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11(c) Recognizing the opportunity presented by water recycling,
12the State Water Resources Control Board adopted a recycled water
13policy in 2009 that mandates an increase in annual recycled water
14use by 200,000 acre feet by 2020. The board also adopted a goal
15of increasing the use of recycled water over 2002 levels by one
16million acre feet per year by 2020.

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17(d) Sonoma Valley County Sanitation District in the County of
18Sonoma produces an average of 3.5 million gallons of tertiary
P3    1recycled water daily, much of which is produced in the winter
2months and discharged to a tributary to San Pablo Bay.

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3(e) The Napa Sanitation District in the County of Napa produces
4612 million gallons annually of tertiary treated recycled water.

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5(f) In order to maximize the beneficial use of this resource in
6the Counties of Napa and Sonoma and in order to help inform
7future regulatory frameworks for the use of recycled water across
8California, it is in the state’s interest to promote pilot projects
9intended to quantify the impacts and benefits of innovative recycled
10water projects.

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11begin insert

begin insertSEC. 2.end insert  

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begin insertChapter 7.7 (commencing with Section 13590) is added
12to Division 7 of the end insert
begin insertWater Codeend insertbegin insert, to read:end insert

begin insert

13 

14Chapter  begin insert7.7.end insert Agricultural Irrigation Impoundments
15Pilot Project
16

 

17

begin insert13590.end insert  

Before October 1, 2014, the San Francisco Bay
18Regional Water Quality Control Board shall authorize a voluntary
19pilot project for the purposes of investigating potential water
20quality impacts and water supply benefits associated with
21maximizing the supplementation of agricultural irrigation
22impoundments with disinfected tertiary treated recycled water, if
23the San Francisco Bay Regional Water Quality Control Board
24finds that the proposed pilot project satisfies all of the following
25criteria:

26(a) The pilot project is designed to measure, analyze, and report
27water quality data collected upstream and downstream of
28agricultural irrigation impoundments before, during, and following
29at least five storm events that result in the release of commingled
30disinfected tertiary recycled water and surface water runoff from
31up to four agricultural irrigation impoundments into waters of the
32state.

33(b) The pilot project includes a process for selecting up to four
34existing agricultural irrigation impoundments within the Counties
35of Napa and Sonoma for the purposes of the pilot project. A
36selected agricultural irrigation impoundment shall meet all of the
37following requirements:

38(1) Have existed prior to January 1, 2013.

39(2) Be not more than 200 acre feet in volume.

P4    1(3) Be within a primarily agricultural region that currently
2receives disinfected tertiary treated recycled water, consistent with
3any waste discharge requirements, for the purposes of discharge,
4agricultural irrigation, and ecosystem restoration.

5(c) The pilot project is designed to measure, analyze, and report
6at least the following water quality and environmental parameters:

7(1) Constituents addressed by total maximum daily loads
8completed for the San Francisco Bay, Napa River watershed, and
9the Sonoma Creek watershed, including, but not limited to,
10mercury, Polychlorinated biphenyls, pathogens, nutrients, and
11selenium.

12(2) Constituents associated with municipal recycled water,
13including, but not limited to, total suspended solids, total ammonia,
14copper, pH, temperature, biochemical oxygen demand, total
15chlorine residual, copper, nickel, and cyanide.

16(d) The pilot project incorporates a stakeholder advisory group
17to review and provide input on pilot project design,
18implementation, and data analysis, and consists of the following
19membership:

20(1) One representative from each of three nongovernmental
21organizations focused on San Francisco Bay region water quality
22and habitat issues.

23(2) One representative from a regional agricultural
24organization.

25(3) Two private landowners.

26(4) A representative from the Sonoma Valley County Sanitation
27District.

28(5) A representative from the Napa Sanitation District.

29(6) A representative from the Sonoma County Water Agency.

30(7) A representative from the San Francisco Bay Regional Water
31Quality Control Board.

32(e) The pilot project will include an analysis of local water
33management implications associated with increasing the use of
34recycled water for agricultural irrigation impoundments, including,
35but not limited to, reduced reliance on surface and groundwater
36resources, reduced ecosystem conflicts, and increased local
37resilience to climate change.

38(f) The proposed pilot project identifies all costs associated with
39the pilot project and project proponents will have secured funding,
P5    1such as local funds and state bond funds, prior to pilot project
2implementation.

3

begin insert13591.end insert  

(a) Within 12 months of final data collection pursuant
4to the pilot project authorized in Section 13590, data shall be
5analyzed and compiled and a draft report shall be made available
6for stakeholder advisory group review.

7(b) A final report shall be issued to the San Francisco Bay
8Regional Water Quality Control Board and the state board within
9three months of the release of the draft report pursuant to
10subdivision (a) and shall include consideration of comments made
11by the stakeholder advisory group.

12

begin insert13592.end insert  

This chapter shall remain in effect only until January
131, 2018, and as of that date is repealed, unless a later enacted
14statute, that is enacted before January 1, 2018, deletes or extends
15that date.

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SECTION 1.  

Section 13529.1 is added to the Water Code, to
17read:

18

13529.1.  

The department shall require 1,000,000 acre-feet of
19the water used for landscaping each year to be supplied by recycled
20water by 2020.

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