Amended in Senate April 9, 2013

Senate BillNo. 322


Introduced by Senatorbegin delete Priceend deletebegin insert Huesoend insert

February 19, 2013


begin deleteAn act relating to healing arts. end deletebegin insertAn act to amend Sections 13560, 13561, 13562, 13563, 13563.5, 13564, and 13565 of, and to add Section 13570 to, the Water Code, relating to water recycling.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 322, as amended, begin deletePriceend delete begin insertHuesoend insert. begin deleteApplied behavioral analysis therapists: certification. end deletebegin insertWater recycling.end insert

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(1) 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. Existing law requires the State Department of Public Health to adopt uniform water recycling criteria for indirect potable water reuse for groundwater recharge, as defined, by December 31, 2013. Existing law requires the department to develop and adopt uniform water recycling criteria for surface water augmentation, as defined, by December 31, 2016, if a specified expert panel finds that the criteria would adequately protect public health. Existing law requires the department to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse, as defined, and to provide a final report on that investigation to the Legislature not later than December 31, 2016. Existing law also requires the department to complete a public review draft of its report by June 30, 2016. Existing law requires the department, in consultation with the State Water Resources Control Board, to report to the Legislature from 2011 to 2016, inclusive, as part of the annual budget process, on the progress toward developing and adopting the water recycling criteria for surface water augmentation and its investigation of the feasibility of developing water recycling criteria for direct potable reuse.

end insert
begin insert

This bill would require the State Department of Public Health to develop and adopt uniform water recycling criteria for reservoir augmentation, as defined, by December 31, 2016, if a specified expert panel finds that the criteria would adequately protect public health. This bill would require the department to investigate the feasibility of developing uniform water recycling criteria for raw water augmentation, as defined, or direct potable reuse and to provide a final report on that investigation to the Legislature not later than December 31, 2016. This bill would also require the department to complete the public review draft of its report by September 1, 2016. This bill would require the department, in consultation with the State Water Resources Control Board, to report to the Legislature from 2011 to 2016, inclusive, as part of the annual budget process, on the progress toward developing and adopting the uniform water recycling criteria for reservoir augmentation and its investigation of the feasibility of developing uniform water recycling criteria for raw water augmentation or direct potable reuse.

end insert
begin insert

(2) Existing law requires an expert panel, as described above, to be convened and administered by the department and requires the expert panel to be comprised of, at a minimum, an epidemiologist, a microbiologist, and a chemist, among others. Existing law authorizes the department to appoint an advisory group, task force, or other group, comprised of no fewer than 9 representatives of specified entities to advise the department regarding the development of uniform water recycling criteria for direct potable reuse.

end insert
begin insert

This bill would instead require, no later than January 30, 2014, the National Water Research Institute to convene and administer the expert panel. The bill would require the expert panel, in addition to its existing responsibilities, to assess any additional areas of research that are needed to be able to establish uniform regulatory criteria for direct potable reuse and recommend an approach for accomplishing any of the additional needed research in a timely manner. The bill would also require the expert panel to include a limnologist. The bill would authorize the National Water Research Institute to appoint an advisory group, task force, or other group, and would expand the list of specified entities from which the representatives could be selected to include the department, the State Water Resources Control Board, and the United States Environmental Protection Agency. The bill would also provide that, on or before June 30, 2016, the National Water Research Institute shall submit a draft report to the department summarizing the recommendations of the expert panel. The bill would authorize the expert panel, advisory panel, and report to be directly funded through nonstate donations, and would require the department to provide staff for specified activities and to use state funds for those activities to the extent state funds are available. The bill would also authorize the department to accept funds from any source and use those funds for certain purposes.

end insert
begin insert

(3) The bill would make other technical, conforming changes to various provisions.

end insert
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Existing law defines “applied behavioral analysis,” for purposes of provisions governing services for the developmentally disabled, to mean the design, implementation, and evaluation of systematic instructional and environmental modifications to promote positive social behavior and reduce or ameliorate behaviors that interfere with learning and social interaction. Existing law provides for the licensure and regulation of various healing arts practitioners, including, but not limited to, marriage and family therapists, clinical social workers, educational psychologists, and professional clinical counselors, by the Board of Behavioral Sciences in the Department of Consumer Affairs.

end delete
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This bill would express the intent of the Legislature to enact legislation to provide for the certification of applied behavioral analysis therapists.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 13560 of the end insertbegin insertWater Codeend insertbegin insert is amended to
2read:end insert

3

13560.  

The Legislature finds and declares the following:

4(a) In February 2009, the state board unanimously adopted, as
5Resolution No. 2009-0011, an updated water recycling policy,
6which includes the goal of increasing the use of recycled water in
7the state over 2002 levels by at least 1,000,000 acre-feet per year
8by 2020 and by at least 2,000,000 acre-feet per year by 2030.

9(b) Section 13521 requires the department to establish uniform
10statewide recycling criteria for each varying type of use of recycled
11water where the use involves the protection of public health.

P4    1(c) The use of recycled water for indirect potable reuse is critical
2to achieving the state board’s goals for increased use of recycled
3water in the state. If direct potable reuse can be demonstrated to
4be safe and feasible, implementing direct potable reuse would
5further aid in achieving the state board’s recycling goals.

6(d) Although there has been much scientific research on public
7health issues associated with indirect potable reuse through
8groundwater recharge, there are a number of significant unanswered
9questions regarding indirect potablebegin delete reuse through surfaceend deletebegin insert reuse,
10reservoirend insert
water augmentationbegin insert,end insert and direct potable reuse.

11(e) Achievement of the state’s goals depends on the timely
12development of uniform statewide recycling criteria for indirect
13and direct potable water reuse.

14(f) This chapter is not intended to delay, invalidate, or reverse
15any study or project, or development of regulations by the
16department, the state board, or the regional boards regarding the
17use of recycled water for indirect potable reuse for groundwater
18recharge, surface water augmentation, or direct potable reuse.

19(g) This chapter shall not be construed to delay, invalidate, or
20reverse the department’s ongoing review of projects consistent
21with Section 116551 of the Health and Safety Code.

22begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 13561 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

23

13561.  

For purposes of this chapter, the following terms have
24the following meanings:

begin insert

25(a) “Advanced treated purified water” means water of
26wastewater origin treated by reverse osmosis, advanced oxidation,
27and disinfection, or alternative treatment methods providing at
28least the same level of public health protection as the processes
29described above, as determined by the department.

end insert
begin delete

30(a)

end delete

31begin insert(b)end insert “Department” means the State Department of Public Health.

begin delete

32(b)

end delete

33begin insert(c)end insert “Direct potable reuse” means the planned introduction of
34begin delete recycledend deletebegin insert advanced treated purifiedend insert waterbegin delete either directly into a
35public water system, as defined in Section 116275 of the Health
36and Safety Code,end delete
begin insert for rawend insert orbegin delete into a rawend deletebegin insert treatedend insert waterbegin delete supply
37immediately upstream of a water treatment plant.end delete
begin insert augmentation
38that includes engineered reliability features as approved by the
39department.end insert

begin delete

40(c)

end delete

P5    1begin insert(d)end insert “Indirect potable reuse for groundwater recharge” means
2the planned use of recycled water for replenishment of a
3groundwater basin or an aquifer that has been designated as a
4source of water supply for a public water system, as defined in
5Section 116275 of the Health and Safety Code.

begin insert

6(e) “Raw water” means surface water or groundwater that has
7not been treated for potable purposes.

end insert
begin insert

8(f) “Raw water augmentation” means the planned introduction
9of advanced treated purified water into the raw water supply
10immediately upstream of a treatment plant for a public water
11system, as defined in Section 116275 of the Health and Safety
12Code.

end insert
begin delete

13(d) “Surface water

end delete

14begin insert(g)end insertbegin insertend insertbegin insert“Reservoir end insertaugmentation” means the planned placement of
15begin delete recycledend deletebegin insert advanced treated purifiedend insert water into a surface water
16reservoir used as a source of domestic drinking water supply.

begin insert

17(h) “Treated water augmentation” means the planned
18introduction of advanced treated purified water into the treated
19water supply for a public water system as defined in Section
20116275 of the Health and Safety Code.

end insert
begin delete

21(e)

end delete

22begin insert(i)end insert “Uniform water recycling criteria” has the same meaning as
23in Section 13521.

24begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 13562 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

25

13562.  

(a) (1) On or before December 31, 2013, the
26department shall adopt uniform water recycling criteria for indirect
27potable reuse for groundwater recharge.

28(2) (A) Except as provided in subparagraph (C), on or before
29December 31, 2016, the department shall develop and adopt
30uniform water recycling criteria forbegin delete surface waterend deletebegin insert reservoirend insert
31 augmentation.

32(B) Prior to adopting uniform water recycling criteria forbegin delete surface
33waterend delete
begin insert reservoirend insert augmentation, the department shall submit the
34proposed criteria to the expert panel convened pursuant to
35subdivision (a) of Section 13565. The expert panel shall review
36the proposed criteria and shall adopt a finding as to whether, in its
37expert opinion, the proposed criteria would adequately protect
38public health.

39(C) The department shall not adopt uniform water recycling
40criteria forbegin delete surface waterend deletebegin insert reservoirend insert augmentation pursuant to
P6    1subparagraph (A), unless and until the expert panel adopts a finding
2that the proposed criteria would adequately protect public health.

3(b) Adoption of uniform water recycling criteria by the
4department is subject to the requirements of Chapter 3.5
5(commencing with Section 11340) of Part 1 of Division 3 of Title
62 of the Government Code.

7begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 13563 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

8

13563.  

(a) (1) begin deleteThe department end deletebegin insertNot later than December 31,
92016, the department, in consultation with the state board, end insert
shall
10investigate and report to the Legislature on the feasibility of
11developing uniform water recycling criteria forbegin insert raw water
12augmentation orend insert
direct potable reuse.

13(2) The department shall complete a public review draft of its
14report bybegin delete June 30,end deletebegin insert September 1,end insert 2016. The department shall provide
15the public not less than 45 days to review and comment on the
16public review draft.

17(3) The department shall provide a final report to the Legislature
18by December 31, 2016. The department shall make the final report
19available to the public.

20(b) In conducting the investigation pursuant to subdivision (a),
21the department shall examine all of the following:

22(1) The availability and reliability of recycled water treatment
23technologies necessary to ensure the protection of public health.

24(2) Multiple barriers and sequential treatment processes that
25may be appropriate at wastewater and water treatment facilities.

26(3) Available information on health effects.

27(4) Mechanisms that should be employed to protect public health
28if problems are found in recycled water that is being served to the
29public as a potable water supply, including, but not limited to, the
30failure of treatment systems at the recycled water treatment facility.

31(5) Monitoring needed to ensure protection of public health,
32including, but not limited to, the identification of appropriate
33indicator and surrogate constituents.

34(6) Any other scientific or technical issues that may be
35necessary, including, but not limited to, the need for additional
36research.

37(c) (1) Notwithstanding Section 10231.5 of the Government
38Code, the requirement for submitting a report imposed under
39paragraph (3) of subdivision (a) is inoperative on December 31,
402020.

P7    1(2) A report to be submitted pursuant to paragraph (3) of
2subdivision (a) shall be submitted in compliance with Section 9795
3of the Government Code.

4begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 13563.5 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

5

13563.5.  

(a) The department, in consultation with the state
6board, shall report to the Legislature as part of the annual budget
7process, in each year from 2011 to 2016, inclusive, on the progress
8towards developing and adopting uniform water recycling criteria
9forbegin delete surface waterend deletebegin insert reservoirend insert augmentation and its investigation of
10the feasibility of developing uniform water recycling criteria for
11begin insert raw water augmentation orend insert direct potable reuse.

12(b) (1) A written report submitted pursuant to subdivision (a)
13shall be submitted in compliance with Section 9795 of the
14Government Code.

15(2) Pursuant to Section 10231.5 of the Government Code, this
16section is repealed on January 1, 2017.

17begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 13564 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

18

13564.  

In developing uniformbegin insert waterend insert recycling criteria for
19begin delete surface waterend deletebegin insert reservoirend insert augmentation, the department shall consider
20all of the following:

21(a) The final report from the National Water Research Institute
22Independent Advisory Panel for the City of San Diego Indirect
23Potable Reuse/Reservoir Augmentation (IPR/RA) Demonstration
24Project.

25(b) Monitoring results of research and studies regardingbegin delete surface
26waterend delete
begin insert reservoirend insert augmentation.

27(c) Results of demonstration studies conducted for purposes of
28approval of projects usingbegin delete surface waterend deletebegin insert reservoirend insert augmentation.

29(d) Epidemiological studies and risk assessments associated
30with projects usingbegin delete surface waterend deletebegin insert reservoirend insert augmentation.

31(e) Applicability of the advanced treatment technologies required
32for recycled water projects, including, but not limited to, indirect
33potable reuse for groundwater recharge projects.

34(f) Water quality, limnology, and health risk assessments
35associated with existing potable water supplies subject to
36discharges from municipal wastewater, stormwater, and agricultural
37runoff.

38(g) Recommendations of the State of California Constituents
39of Emerging Concern Recycled Water Policy Science Advisory
40Panel.

P8    1(h) State funded research pursuant to Section 79144 and
2 subdivision (b) of Section 79145.

3(i) Research and recommendations from the United States
4Environmental Protection Agency Guidelines for Water Reuse.

begin insert

5(j) The National Research Council of the National Academies’
6report titled “Water Reuse: Potential for Expanding the Nation’s
7Water Supply Through Reuse of Municipal Wastewater.”

end insert
begin delete

8(j)

end delete

9begin insert(k)end insert Other relevant research and studies regarding indirect potable
10reuse of recycled water.

11begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 13565 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

12

13565.  

(a) (1) begin deleteThe department end deletebegin insertNot later than January 30,
132014, the National Water Research Institute end insert
shall convene and
14administer an expert panel forbegin delete theend delete purposes of advising the
15department on public health issues and scientific and technical
16matters regarding development of uniform water recycling criteria
17for indirect potable reuse throughbegin delete surface waterend deletebegin insert reservoirend insert
18 augmentation and investigation of the feasibility of developing
19uniform water recycling criteria for direct potable reuse.begin insert The expert
20panel shall assess what, if any, additional areas of research are
21needed to be able to establish uniform regulatory criteria for direct
22potable reuse. The expert panel shall then recommend an approach
23for accomplishing any additional needed research in a timely
24manner.end insert

25(2) The expert panel shall be comprised, at a minimum, of a
26toxicologist, an engineer licensed in the state with at least three
27years’ experience in wastewater treatment, an engineer licensed
28in the state with at least three years’ experience in treatment of
29 drinking water supplies and knowledge of drinking water standards,
30an epidemiologist, abegin insert limnologist, aend insert microbiologist, and a chemist.
31begin insert The department, in consultation with the National Water Research
32Institute and the state board, shall select the expert panel members.end insert

33(3) Members of the expert panel may be reimbursed for
34reasonable and necessary travel expenses.

35(b) (1) Thebegin delete departmentend deletebegin insert National Water Research Instituteend insert may
36begin delete appointend deletebegin insert conveneend insert an advisory group, task force, or other group,
37comprised of no fewer than nine representatives of water and
38wastewater agencies, local public health officers, environmental
39organizations, environmental justice organizations, public health
40nongovernmental organizations,begin insert the department, the state board,
P9    1the United States Environmental Protection Agency,end insert
and the
2business community, to advise thebegin delete departmentend deletebegin insert National Water
3Research Institute expert panelend insert
regarding the development of
4uniform water recycling criteria for direct potable reuse.begin insert The
5department, in consultation with the National Water Research
6Institute and the state board, shall select the advisory group
7members.end insert

8(2) Environmental, environmental justice, and public health
9nongovernmental organization representative members of the
10advisory group, task force, or other group may be reimbursed for
11reasonable and necessary travel expenses.

begin insert

12(c) On or before June 30, 2016, the National Water Research
13Institute shall submit a draft report to the department summarizing
14the recommendations of the expert panel.

end insert
15begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 13570 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert

begin insert
16

begin insert13570.end insert  

The National Water Research Institute expert panel,
17advisory group, and report may be directly funded through nonstate
18donations. The department shall provide staff to select panel
19members, participate in the advisory group, provide input to the
20National Water Research Institute expert panel, and provide input
21on ongoing research projects that will form the basis of
22recommendations of the National Water Research Institute expert
23panel. To the extent that state funds are available, the department
24shall use state funds for staff time, the expert panel, and the report.
25The department may accept funds from any source and may expend
26these funds for purposes of completing its responsibilities under
27this chapter.

end insert
begin delete
28

SECTION 1.  

It is the intent of the Legislature to enact
29legislation to provide for the certification of applied behavioral
30analysis therapists.

end delete


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