Amended in Senate April 22, 2013

Amended in Senate April 9, 2013

Senate BillNo. 322


Introduced by Senator Hueso

February 19, 2013


An act to amend Sections begin delete13560, 13561, 13562,end delete 13563,begin delete 13563.5,end delete 13564, and 13565 of, and to add Section 13570 to, the Water Code, relating to water recycling.

LEGISLATIVE COUNSEL’S DIGEST

SB 322, as amended, Hueso. Water recycling.

(1) Existing law establishes the State Water Resources Control Boardbegin insert, referred to as the state board,end insert and the California regional water quality control boardsbegin insert, referred to as regional boards,end insert as the principal state agencies with authority over matters relating to water quality.begin delete 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.end delete Existing law requires thebegin delete departmentend deletebegin insert State Department of Public Healthend insert 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.begin delete 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 delete

begin deleteThis 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.end delete This bill would require the departmentbegin insert, in consultation with the state board,end insert to investigate the feasibility of developing uniform water recycling criteria forbegin delete raw water augmentation, as defined, orend delete 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.begin delete 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 delete

(2) Existing law requires an expertbegin delete panel, as described above,end deletebegin insert panelend insert 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.

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, thebegin delete State Water Resources Control Boardend deletebegin insert state boardend insert, 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.

begin delete

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

end delete

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

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

begin delete
P3    1

SECTION 1.  

Section 13560 of the Water Code is amended to
2read:

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.

12(c) The use of recycled water for indirect potable reuse is critical
13to achieving the state board’s goals for increased use of recycled
14water in the state. If direct potable reuse can be demonstrated to
15be safe and feasible, implementing direct potable reuse would
16further aid in achieving the state board’s recycling goals.

17(d) Although there has been much scientific research on public
18health issues associated with indirect potable reuse through
19groundwater recharge, there are a number of significant unanswered
20questions regarding indirect potable reuse, reservoir water
21augmentation, and direct potable reuse.

P4    1(e) Achievement of the state’s goals depends on the timely
2development of uniform statewide recycling criteria for indirect
3and direct potable water reuse.

4(f) This chapter is not intended to delay, invalidate, or reverse
5any study or project, or development of regulations by the
6department, the state board, or the regional boards regarding the
7use of recycled water for indirect potable reuse for groundwater
8recharge, surface water augmentation, or direct potable reuse.

9(g) This chapter shall not be construed to delay, invalidate, or
10reverse the department’s ongoing review of projects consistent
11with Section 116551 of the Health and Safety Code.

12

SEC. 2.  

Section 13561 of the Water Code is amended to read:

13

13561.  

For purposes of this chapter, the following terms have
14the following meanings:

15(a) “Advanced treated purified water” means water of
16wastewater origin treated by reverse osmosis, advanced oxidation,
17and disinfection, or alternative treatment methods providing at
18least the same level of public health protection as the processes
19described above, as determined by the department.

20(b) “Department” means the State Department of Public Health.

21(c) “Direct potable reuse” means the planned introduction of
22advanced treated purified water for raw or treated water
23augmentation that includes engineered reliability features as
24approved by the department.

25(d) “Indirect potable reuse for groundwater recharge” means
26the planned use of recycled water for replenishment of a
27groundwater basin or an aquifer that has been designated as a
28source of water supply for a public water system, as defined in
29Section 116275 of the Health and Safety Code.

30(e) “Raw water” means surface water or groundwater that has
31not been treated for potable purposes.

32(f) “Raw water augmentation” means the planned introduction
33of advanced treated purified water into the raw water supply
34immediately upstream of a treatment plant for a public water
35system, as defined in Section 116275 of the Health and Safety
36Code.

37(g) “Reservoir augmentation” means the planned placement of
38advanced treated purified water into a surface water reservoir used
39as a source of domestic drinking water supply.

P5    1(h) “Treated water augmentation” means the planned
2introduction of advanced treated purified water into the treated
3water supply for a public water system as defined in Section
4116275 of the Health and Safety Code.

5(i) “Uniform water recycling criteria” has the same meaning as
6in Section 13521.

7

SEC. 3.  

Section 13562 of the Water Code is amended to read:

8

13562.  

(a) (1) On or before December 31, 2013, the
9department shall adopt uniform water recycling criteria for indirect
10potable reuse for groundwater recharge.

11(2) (A) Except as provided in subparagraph (C), on or before
12December 31, 2016, the department shall develop and adopt
13uniform water recycling criteria for reservoir augmentation.

14(B) Prior to adopting uniform water recycling criteria for
15reservoir augmentation, the department shall submit the proposed
16criteria to the expert panel convened pursuant to subdivision (a)
17of Section 13565. The expert panel shall review the proposed
18criteria and shall adopt a finding as to whether, in its expert
19opinion, the proposed criteria would adequately protect public
20health.

21(C) The department shall not adopt uniform water recycling
22criteria for reservoir augmentation pursuant to subparagraph (A),
23unless and until the expert panel adopts a finding that the proposed
24criteria would adequately protect public health.

25(b) Adoption of uniform water recycling criteria by the
26department is subject to the requirements of Chapter 3.5
27(commencing with Section 11340) of Part 1 of Division 3 of Title
282 of the Government Code.

end delete
29

begin deleteSEC. 4.end delete
30begin insertSECTION 1.end insert  

Section 13563 of the Water Code is amended to
31read:

32

13563.  

(a) (1) Not later than December 31, 2016, the
33department, in consultation with the state board, shall investigate
34and report to the Legislature on the feasibility of developing
35uniform water recycling criteria forbegin delete raw water augmentation orend delete
36 direct potable reuse.

37(2) The department shall complete a public review draft of its
38report by September 1, 2016. The department shall provide the
39public not less than 45 days to review and comment on the public
40review draft.

P6    1(3) The department shall provide a final report to the Legislature
2by December 31, 2016. The department shall make the final report
3available to the public.

4(b) In conducting the investigation pursuant to subdivision (a),
5the department shall examine all of the following:

6(1) The availability and reliability of recycled water treatment
7technologies necessary to ensure the protection of public health.

8(2) Multiple barriers and sequential treatment processes that
9may be appropriate at wastewater and water treatment facilities.

10(3) Available information on health effects.

11(4) Mechanisms that should be employed to protect public health
12if problems are found in recycled water that is being served to the
13public as a potable water supply, including, but not limited to, the
14failure of treatment systems at the recycled water treatment facility.

15(5) Monitoring needed to ensure protection of public health,
16including, but not limited to, the identification of appropriate
17indicator and surrogate constituents.

18(6) Any other scientific or technical issues that may be
19necessary, including, but not limited to, the need for additional
20research.

21(c) (1) Notwithstanding Section 10231.5 of the Government
22Code, the requirement for submitting a report imposed under
23paragraph (3) of subdivision (a) is inoperative on December 31,
242020.

25(2) A report to be submitted pursuant to paragraph (3) of
26subdivision (a) shall be submitted in compliance with Section 9795
27of the Government Code.

begin delete28

SEC. 5.  

Section 13563.5 of the Water Code is amended to read:

29

13563.5.  

(a) The department, in consultation with the state
30board, shall report to the Legislature as part of the annual budget
31process, in each year from 2011 to 2016, inclusive, on the progress
32towards developing and adopting uniform water recycling criteria
33for reservoir augmentation and its investigation of the feasibility
34of developing uniform water recycling criteria for raw water
35augmentation or direct potable reuse.

36(b) (1) A written report submitted pursuant to subdivision (a)
37shall be submitted in compliance with Section 9795 of the
38Government Code.

39(2) Pursuant to Section 10231.5 of the Government Code, this
40section is repealed on January 1, 2017.

end delete
P7    1

begin deleteSEC. 6.end delete
2begin insertSEC. 2.end insert  

Section 13564 of the Water Code is amended to read:

3

13564.  

In developing uniform water recycling criteria for
4begin delete reservoirend deletebegin insert surface waterend insert augmentation, the department shall consider
5all of the following:

6(a) The final report from the National Water Research Institute
7Independent Advisory Panel for the City of San Diego Indirect
8Potable Reuse/Reservoir Augmentation (IPR/RA) Demonstration
9Project.

10(b) Monitoring results of research and studies regardingbegin delete reservoirend delete
11begin insert surface waterend insert augmentation.

12(c) Results of demonstration studies conducted for purposes of
13approval of projects usingbegin delete reservoirend deletebegin insert surface waterend insert augmentation.

14(d) Epidemiological studies and risk assessments associated
15with projects usingbegin delete reservoirend deletebegin insert surface waterend insert augmentation.

16(e) Applicability of the advanced treatment technologies required
17for recycled water projects, including, but not limited to, indirect
18potable reuse for groundwater recharge projects.

19(f) Water quality, limnology, and health risk assessments
20associated with existing potable water supplies subject to
21discharges from municipal wastewater, stormwater, and agricultural
22runoff.

23(g) Recommendations of the State of California Constituents
24of Emerging Concern Recycled Water Policy Science Advisory
25Panel.

26(h) State funded research pursuant to Section 79144 and
27 subdivision (b) of Section 79145.

28(i) Research and recommendations from the United States
29Environmental Protection Agency Guidelines for Water Reuse.

30(j) The National Research Council of the National Academies’
31report titled “Water Reuse: Potential for Expanding the Nation’s
32Water Supply Through Reuse of Municipal Wastewater.”

33(k) Other relevant research and studies regarding indirect potable
34reuse of recycled water.

35

begin deleteSEC. 7.end delete
36begin insertSEC. 3.end insert  

Section 13565 of the Water Code is amended to read:

37

13565.  

(a) (1) Not later than January 30, 2014, the National
38Water Research Institute shall convene and administer an expert
39panel for purposes of advising the department on public health
40issues and scientific and technical matters regarding development
P8    1of uniform water recycling criteria for indirect potable reuse
2throughbegin delete reservoirend deletebegin insert surface water end insert augmentation and investigation
3of the feasibility of developing uniform water recycling criteria
4for direct potable reuse. The expert panel shall assess what, if any,
5additional areas of research are needed to be able to establish
6uniform regulatory criteria for direct potable reuse. The expert
7panel shall then recommend an approach for accomplishing any
8additional needed research in a timely manner.

9(2) The expert panel shall be comprised, at a minimum, of a
10toxicologist, an engineer licensed in the state with at least three
11years’ experience in wastewater treatment, an engineer licensed
12in the state with at least three years’ experience in treatment of
13 drinking water supplies and knowledge of drinking water standards,
14an epidemiologist, a limnologist, a microbiologist, and a chemist.
15The department, in consultation with the National Water Research
16Institute and the state board, shall select the expert panel members.

17(3) Members of the expert panel may be reimbursed for
18reasonable and necessary travel expenses.

19(b) (1) The National Water Research Institute may convene an
20advisory group, task force, or other group, comprised of no fewer
21than nine representatives of water and wastewater agencies, local
22public health officers, environmental organizations, environmental
23justice organizations, public health nongovernmental organizations,
24the department, the state board, the United States Environmental
25Protection Agency, and the business community, to advise the
26National Water Research Institute expert panel regarding the
27development of uniform water recycling criteria for direct potable
28reuse. The department, in consultation with the National Water
29Research Institute and the state board, shall select the advisory
30group members.

31(2) Environmental, environmental justice, and public health
32nongovernmental organization representative members of the
33advisory group, task force, or other group may be reimbursed for
34reasonable and necessary travel expenses.

35(c) On or before June 30, 2016, the National Water Research
36Institute shall submit a draft report to the department summarizing
37the recommendations of the expert panel.

38

begin deleteSEC. 8.end delete
39begin insertSEC. 4.end insert  

Section 13570 is added to the Water Code, to read:

P9    1

13570.  

The National Water Research Institute expert panel,
2advisory group, and report may be directly funded through nonstate
3donations. The department shall provide staff to select panel
4members, participate in the advisory group, provide input to the
5National Water Research Institute expert panel, and provide input
6on ongoing research projects that will form the basis of
7recommendations of the National Water Research Institute expert
8panel. To the extent that state funds are available, the department
9shall use state funds for staff time, the expert panel, and the report.
10The department may accept funds from any source and may expend
11these funds for purposes of completing its responsibilities under
12this chapter.



O

    97