BILL NUMBER: SB 322 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2013
AMENDED IN SENATE APRIL 9, 2013
INTRODUCED BY Senator Hueso
FEBRUARY 19, 2013
An 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.
LEGISLATIVE COUNSEL'S DIGEST
SB 322, as amended, Hueso. Water recycling.
(1) Existing law establishes the State Water Resources Control
Board , referred to as the state board, and the California
regional water quality control boards , referred to as regional
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 State Department of Public Health 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.
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 , in consultation with the state board, 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.
(2) Existing law requires an expert panel, as described
above, panel 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, the
State Water Resources Control Board state
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.
(3) The bill would make other technical, conforming changes to
various provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13560 of the Water Code is
amended to read:
13560. The Legislature finds and declares the following:
(a) In February 2009, the state board unanimously adopted, as
Resolution No. 2009-0011, an updated water recycling policy, which
includes the goal of increasing the use of recycled water in the
state over 2002 levels by at least 1,000,000 acre-feet per year by
2020 and by at least 2,000,000 acre-feet per year by 2030.
(b) Section 13521 requires the department to establish uniform
statewide recycling criteria for each varying type of use of recycled
water where the use involves the protection of public health.
(c) The use of recycled water for indirect potable reuse is
critical to achieving the state board's goals for increased use of
recycled water in the state. If direct potable reuse can be
demonstrated to be safe and feasible, implementing direct potable
reuse would further aid in achieving the state board's recycling
goals.
(d) Although there has been much scientific research on public
health issues associated with indirect potable reuse through
groundwater recharge, there are a number of significant unanswered
questions regarding indirect potable reuse, reservoir water
augmentation, and direct potable reuse.
(e) Achievement of the state's goals depends on the timely
development of uniform statewide recycling criteria for indirect and
direct potable water reuse.
(f) This chapter is not intended to delay, invalidate, or reverse
any study or project, or development of regulations by the
department, the state board, or the regional boards regarding the use
of recycled water for indirect potable reuse for groundwater
recharge, surface water augmentation, or direct potable reuse.
(g) This chapter shall not be construed to delay, invalidate, or
reverse the department's ongoing review of projects consistent with
Section 116551 of the Health and Safety Code.
SEC. 2. Section 13561 of the Water Code is
amended to read:
13561. For purposes of this chapter, the following terms have the
following meanings:
(a) "Advanced treated purified water" means water of wastewater
origin treated by reverse osmosis, advanced oxidation, and
disinfection, or alternative treatment methods providing at least the
same level of public health protection as the processes described
above, as determined by the department.
(b) "Department" means the State Department of Public Health.
(c) "Direct potable reuse" means the planned introduction of
advanced treated purified water for raw or treated water augmentation
that includes engineered reliability features as approved by the
department.
(d) "Indirect potable reuse for groundwater recharge" means the
planned use of recycled water for replenishment of a groundwater
basin or an aquifer that has been designated as a source of water
supply for a public water system, as defined in Section 116275 of the
Health and Safety Code.
(e) "Raw water" means surface water or groundwater that has not
been treated for potable purposes.
(f) "Raw water augmentation" means the planned introduction of
advanced treated purified water into the raw water supply immediately
upstream of a treatment plant for a public water system, as defined
in Section 116275 of the Health and Safety Code.
(g) "Reservoir augmentation" means the planned placement of
advanced treated purified water into a surface water reservoir used
as a source of domestic drinking water supply.
(h) "Treated water augmentation" means the planned introduction of
advanced treated purified water into the treated water supply for a
public water system as defined in Section 116275 of the Health and
Safety Code.
(i) "Uniform water recycling criteria" has the same meaning as in
Section 13521.
SEC. 3. Section 13562 of the Water Code is
amended to read:
13562. (a) (1) On or before December 31, 2013, the department
shall adopt uniform water recycling criteria for indirect potable
reuse for groundwater recharge.
(2) (A) Except as provided in subparagraph (C), on or before
December 31, 2016, the department shall develop and adopt uniform
water recycling criteria for reservoir augmentation.
(B) Prior to adopting uniform water recycling criteria for
reservoir augmentation, the department shall submit the proposed
criteria to the expert panel convened pursuant to subdivision (a) of
Section 13565. The expert panel shall review the proposed criteria
and shall adopt a finding as to whether, in its expert opinion, the
proposed criteria would adequately protect public health.
(C) The department shall not adopt uniform water recycling
criteria for reservoir augmentation pursuant to subparagraph (A),
unless and until the expert panel adopts a finding that the proposed
criteria would adequately protect public health.
(b) Adoption of uniform water recycling criteria by the department
is subject to the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
SEC. 4. SECTION 1. Section 13563 of
the Water Code is amended to read:
13563. (a) (1) Not later than December 31, 2016, the department,
in consultation with the state board, shall investigate and report to
the Legislature on the feasibility of developing uniform water
recycling criteria for raw water augmentation or
direct potable reuse.
(2) The department shall complete a public review draft of its
report by September 1, 2016. The department shall provide the public
not less than 45 days to review and comment on the public review
draft.
(3) The department shall provide a final report to the Legislature
by December 31, 2016. The department shall make the final report
available to the public.
(b) In conducting the investigation pursuant to subdivision (a),
the department shall examine all of the following:
(1) The availability and reliability of recycled water treatment
technologies necessary to ensure the protection of public health.
(2) Multiple barriers and sequential treatment processes that may
be appropriate at wastewater and water treatment facilities.
(3) Available information on health effects.
(4) Mechanisms that should be employed to protect public health if
problems are found in recycled water that is being served to the
public as a potable water supply, including, but not limited to, the
failure of treatment systems at the recycled water treatment
facility.
(5) Monitoring needed to ensure protection of public health,
including, but not limited to, the identification of appropriate
indicator and surrogate constituents.
(6) Any other scientific or technical issues that may be
necessary, including, but not limited to, the need for additional
research.
(c) (1) Notwithstanding Section 10231.5 of the Government Code,
the requirement for submitting a report imposed under paragraph (3)
of subdivision (a) is inoperative on December 31, 2020.
(2) A report to be submitted pursuant to paragraph (3) of
subdivision (a) shall be submitted in compliance with Section 9795 of
the Government Code.
SEC. 5. Section 13563.5 of the Water Code is
amended to read:
13563.5. (a) The department, in consultation with the state
board, shall report to the Legislature as part of the annual budget
process, in each year from 2011 to 2016, inclusive, on the progress
towards developing and adopting 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.
(b) (1) A written report submitted pursuant to subdivision (a)
shall be submitted in compliance with Section 9795 of the Government
Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2017.
SEC. 6. SEC. 2. Section 13564 of the
Water Code is amended to read:
13564. In developing uniform water recycling criteria for
reservoir surface water augmentation,
the department shall consider all of the following:
(a) The final report from the National Water Research Institute
Independent Advisory Panel for the City of San Diego Indirect Potable
Reuse/Reservoir Augmentation (IPR/RA) Demonstration Project.
(b) Monitoring results of research and studies regarding
reservoir surface water augmentation.
(c) Results of demonstration studies conducted for purposes of
approval of projects using reservoir surface
water augmentation.
(d) Epidemiological studies and risk assessments associated with
projects using reservoir surface water
augmentation.
(e) Applicability of the advanced treatment technologies required
for recycled water projects, including, but not limited to, indirect
potable reuse for groundwater recharge projects.
(f) Water quality, limnology, and health risk assessments
associated with existing potable water supplies subject to discharges
from municipal wastewater, stormwater, and agricultural runoff.
(g) Recommendations of the State of California Constituents of
Emerging Concern Recycled Water Policy Science Advisory Panel.
(h) State funded research pursuant to Section 79144 and
subdivision (b) of Section 79145.
(i) Research and recommendations from the United States
Environmental Protection Agency Guidelines for Water Reuse.
(j) The National Research Council of the National Academies'
report titled "Water Reuse: Potential for Expanding the Nation's
Water Supply Through Reuse of Municipal Wastewater."
(k) Other relevant research and studies regarding indirect potable
reuse of recycled water.
SEC. 7. SEC. 3. Section 13565 of the
Water Code is amended to read:
13565. (a) (1) Not later than January 30, 2014, the National
Water Research Institute shall convene and administer an expert panel
for purposes of advising the department on public health issues and
scientific and technical matters regarding development of uniform
water recycling criteria for indirect potable reuse through
reservoir surface water augmentation and
investigation of the feasibility of developing uniform water
recycling criteria for direct potable reuse. The expert panel shall
assess what, if any, additional areas of research are needed to be
able to establish uniform regulatory criteria for direct potable
reuse. The expert panel shall then recommend an approach for
accomplishing any additional needed research in a timely manner.
(2) The expert panel shall be comprised, at a minimum, of a
toxicologist, an engineer licensed in the state with at least three
years' experience in wastewater treatment, an engineer licensed in
the state with at least three years' experience in treatment of
drinking water supplies and knowledge of drinking water standards, an
epidemiologist, a limnologist, a microbiologist, and a chemist. The
department, in consultation with the National Water Research
Institute and the state board, shall select the expert panel members.
(3) Members of the expert panel may be reimbursed for reasonable
and necessary travel expenses.
(b) (1) The National Water Research Institute may convene an
advisory group, task force, or other group, comprised of no fewer
than nine representatives of water and wastewater agencies, local
public health officers, environmental organizations, environmental
justice organizations, public health nongovernmental organizations,
the department, the state board, the United States Environmental
Protection Agency, and the business community, to advise the National
Water Research Institute expert panel regarding the development of
uniform water recycling criteria for direct potable reuse. The
department, in consultation with the National Water Research
Institute and the state board, shall select the advisory group
members.
(2) Environmental, environmental justice, and public health
nongovernmental organization representative members of the advisory
group, task force, or other group may be reimbursed for reasonable
and necessary travel expenses.
(c) 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.
SEC. 8. SEC. 4. Section 13570 is
added to the Water Code, to read:
13570. The National Water Research Institute expert panel,
advisory group, and report may be directly funded through nonstate
donations. The department shall provide staff to select panel
members, participate in the advisory group, provide input to the
National Water Research Institute expert panel, and provide input on
ongoing research projects that will form the basis of recommendations
of the National Water Research Institute expert panel. To the extent
that state funds are available, the department shall use state funds
for staff time, the expert panel, and the report. The department may
accept funds from any source and may expend these funds for purposes
of completing its responsibilities under this chapter.