Amended in Assembly May 22, 2013

Amended in Assembly May 8, 2013

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 add and repeal Chapter 7.7 (commencing with Section 13590) of Division 7 of the Water Code, relating to recycled water.

LEGISLATIVE COUNSEL’S DIGEST

AB 1200, as amended, Levine. Recycled water: agricultural irrigation impoundments: pilot project.

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, 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.

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.  

The Legislature finds and declares all of the
2following:

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.

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.

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.

17(d) Sonoma Valley County Sanitation District in the County of
18Sonoma produces an average of 3.5 million gallons of tertiary
19recycled water daily, much of which is produced in the winter
20months and discharged to a tributary to San Pablo Bay.

21(e) The Napa Sanitation District in the County of Napa produces
22612 million gallons annually of tertiary treated recycled water.

23(f) In order to maximize the beneficial use of this resource in
24the Counties of Napa and Sonoma and in order to help inform
25future regulatory frameworks for the use of recycled water across
26California, it is in the state’s interest to promote pilot projects
27intended to quantify the impacts and benefits of innovative recycled
28water projects.

29

SEC. 2.  

Chapter 7.7 (commencing with Section 13590) is added
30to Division 7 of the Water Code, to read:

 

P3    1Chapter  7.7. Agricultural Irrigation Impoundments
2Pilot Project
3

 

4

13590.  

Before October 1, 2014, the San Francisco Bay Regional
5Water Quality Control Board shall authorize a voluntary pilot
6project for the purposes of investigating potential water quality
7impacts and water supply benefits associated with maximizing the
8supplementation of agricultural irrigation impoundments with
9disinfected tertiary treated recycled water, if the San Francisco
10Bay Regional Water Quality Control Board finds that the proposed
11pilot project satisfies all of the following criteria:

12(a) The pilot project is consistent with any applicable waste
13discharge requirements.

14(b) The pilot project is designed to measure, analyze, and report
15water quality data collected upstream and downstream of
16agricultural irrigation impoundments before, during, and following
17at least five storm events that result in the release of commingled
18disinfected tertiary recycled water and surface water runoff from
19up to four agricultural irrigation impoundments into waters of the
20state.

21(c) The pilot project includes a process for selecting up to four
22existing agricultural irrigation impoundments within the Counties
23of Napa and Sonoma for the purposes of the pilot project. A
24selected agricultural irrigation impoundment shall meet all of the
25following requirements:

26(1) Have existed prior to January 1, 2013.

27(2) Be not more than 200 acre-feet in volume.

28(3) Be within a primarily agricultural region that currently
29receives disinfected tertiary treated recycled water, consistent with
30any waste discharge requirements, for the purposes of discharge,
31agricultural irrigation, and ecosystem restoration.

32(d) The pilot project is designed to measure, analyze, and report
33at least the following water quality and environmental parameters:

34(1) Constituents addressed by total maximum daily loads
35completed for the San Francisco Bay, Napa River watershed, and
36the Sonoma Creek watershed, including, but not limited to,
37mercury, Polychlorinated biphenyls, pathogens, nutrients, and
38selenium.

39(2) Constituents associated with municipal recycled water,
40including, but not limited to, total suspended solids, total ammonia,
P4    1copper, pH, temperature, biochemical oxygen demand, total
2chlorine residual, copper, nickel, and cyanide.

3(e) The pilot project incorporates a stakeholder advisory group
4to review and provide input on pilot project design,
5implementation, and data analysis, and consists of the following
6membership:

7(1) One representative from each of three nongovernmental
8organizations focused on San Francisco Bay region water quality
9and habitat issues.

10(2) One representative from a regional agricultural organization.

11(3) Two private landowners.

12(4) A representative from the Sonoma Valley County Sanitation
13District.

14(5) A representative from the Napa Sanitation District.

15(6) A representative from the Sonoma County Water Agency.

16(7) A representative from the San Francisco Bay Regional Water
17Quality Control Board.

18(f) The pilot project will include an analysis of local water
19management implications associated with increasing the use of
20recycled water for agricultural irrigation impoundments, including,
21but not limited to, reduced reliance on surface and groundwater
22resources, reduced ecosystem conflicts, and increased local
23resilience to climate change.

24(g) The proposed pilot project identifies all costs associated
25with the pilot project and project proponents will have secured
26fundingbegin delete, such as local funds and state bond funds,end delete prior to pilot
27project implementation.

28

13591.  

(a) Within 12 months of final data collection pursuant
29to the pilot project authorized in Section 13590, data shall be
30analyzed and compiled and a draft report shall be made available
31for stakeholder advisory group review.

32(b) A final report shall be issued to the San Francisco Bay
33Regional Water Quality Control Board and the state board within
34three months of the release of the draft report pursuant to
35subdivision (a) and shall include consideration of comments made
36by the stakeholder advisory group.

37

13592.  

This chapter shall remain in effect only until January
381, 2018, and as of that date is repealed, unless a later enacted
P5    1statute, that is enacted before January 1, 2018, deletes or extends
2that date.



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