Amended in Senate May 8, 2013

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 13563, 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 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.

This bill would require the department, in consultation with the state board, to investigate the feasibility of developing uniform water recycling criteria for 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.

(2) Existing law requires an expert 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 wouldbegin delete insteadend delete requirebegin delete, no later than January 30, 2014, the National Water Research Instituteend deletebegin insert the departmentend insert to convene and administer the expert panelbegin insert not later than January 30, 2014end insert. 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 billbegin delete would authorize the National Water Research Institute to appoint an advisory group, task force, or other group, andend delete would expand the list of specified entities from which the representativesbegin insert of the advisory group, task force, or other groupend insert could be selected to include the department, the state board, and the United States Environmental Protection Agency. The bill would also provide that, on or before June 30, 2016, thebegin delete National Water Research Instituteend deletebegin insert departmentend insert shallbegin delete submitend deletebegin insert prepareend insert a draft reportbegin delete to the departmentend delete summarizing the recommendations of the expert panel.begin insert The bill would authorize the department to contract with a University of California, California State University, or other research institution, as prescribed.end insert 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.

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.  

Section 13563 of the Water Code is amended to
2read:

P3    1

13563.  

(a) (1) Not later than December 31, 2016, the
2department, in consultation with the state board, shall investigate
3and report to the Legislature on the feasibility of developing
4uniform water recycling criteria for direct potable reuse.

5(2) The department shall complete a public review draft of its
6report by September 1, 2016. The department shall provide the
7public not less than 45 days to review and comment on the public
8review draft.

9(3) The department shall provide a final report to the Legislature
10by December 31, 2016. The department shall make the final report
11available to the public.

12(b) In conducting the investigation pursuant to subdivision (a),
13the department shall examine all of the following:

14(1) The availability and reliability of recycled water treatment
15technologies necessary to ensure the protection of public health.

16(2) Multiple barriers and sequential treatment processes that
17may be appropriate at wastewater and water treatment facilities.

18(3) Available information on health effects.

19(4) Mechanisms that should be employed to protect public health
20if problems are found in recycled water that is being served to the
21public as a potable water supply, including, but not limited to, the
22failure of treatment systems at the recycled water treatment facility.

23(5) Monitoring needed to ensure protection of public health,
24including, but not limited to, the identification of appropriate
25indicator and surrogate constituents.

26(6) Any other scientific or technical issues that may be
27necessary, including, but not limited to, the need for additional
28research.

29(c) (1) Notwithstanding Section 10231.5 of the Government
30Code, the requirement for submitting a report imposed under
31paragraph (3) of subdivision (a) is inoperative on December 31,
322020.

33(2) A report to be submitted pursuant to paragraph (3) of
34subdivision (a) shall be submitted in compliance with Section 9795
35of the Government Code.

36

SEC. 2.  

Section 13564 of the Water Code is amended to read:

37

13564.  

In developing uniform water recycling criteria for
38surface water augmentation, the department shall consider all of
39the following:

P4    1(a) The final report from the National Water Research Institute
2Independent Advisory Panel for the City of San Diego Indirect
3Potable Reuse/Reservoir Augmentation (IPR/RA) Demonstration
4Project.

5(b) Monitoring results of research and studies regarding surface
6water augmentation.

7(c) Results of demonstration studies conducted for purposes of
8approval of projects using surface water augmentation.

9(d) Epidemiological studies and risk assessments associated
10with projects using surface water augmentation.

11(e) Applicability of the advanced treatment technologies required
12for recycled water projects, including, but not limited to, indirect
13potable reuse for groundwater recharge projects.

14(f) Water quality, limnology, and health risk assessments
15associated with existing potable water supplies subject to
16discharges from municipal wastewater, stormwater, and agricultural
17runoff.

18(g) Recommendations of the State of California Constituents
19of Emerging Concern Recycled Water Policy Science Advisory
20Panel.

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

23(i) Research and recommendations from the United States
24Environmental Protection Agency Guidelines for Water Reuse.

25(j) The National Research Council of the National Academies’
26report titled “Water Reuse: Potential for Expanding the Nation’s
27Water Supply Through Reuse of Municipal Wastewater.”

28(k) Other relevant research and studies regarding indirect potable
29reuse of recycled water.

30

SEC. 3.  

Section 13565 of the Water Code is amended to read:

31

13565.  

(a) (1) Not later than January 30, 2014, thebegin delete National
32Water Research Instituteend delete
begin insert departmentend insert shall convene and administer
33an expert panel for purposes of advising the department on public
34health issues and scientific and technical matters regarding
35development of uniform water recycling criteria for indirect potable
36reuse through surface water augmentation and investigation of the
37feasibility of developing uniform water recycling criteria for direct
38potable reuse. The expert panel shall assess what, if any, additional
39areas of research are needed to be able to establish uniform
40regulatory criteria for direct potable reuse. The expert panel shall
P5    1then recommend an approach for accomplishing any additional
2needed research in a timely manner.

3(2) The expert panel shall be comprised, at a minimum, of a
4toxicologist, an engineer licensed in the state with at least three
5years’ experience in wastewater treatment, an engineer licensed
6in the state with at least three years’ experience in treatment of
7 drinking water supplies and knowledge of drinking water standards,
8an epidemiologist, a limnologist, a microbiologist, and a chemist.
9The department, in consultation with the National Water Research
10Institute and the state board, shall select the expert panel members.

11(3) Members of the expert panel may be reimbursed for
12reasonable and necessary travel expenses.

13(b) (1) Thebegin delete National Water Research Instituteend deletebegin insert departmentend insert may
14convene an advisory group, task force, or other group, comprised
15of no fewer than nine representatives of water and wastewater
16agencies, local public health officers, environmental organizations,
17environmental justice organizations, public health nongovernmental
18organizations, the department, the state board, the United States
19Environmental Protection Agency, and the business community,
20to advise thebegin delete National Water Research Instituteend delete expert panel
21regarding the development of uniform water recycling criteria for
22direct potable reuse. The department, in consultation withbegin delete the
23National Water Research Institute andend delete
the state board, shall select
24the advisory group members.

25(2) Environmental, environmental justice, and public health
26nongovernmental organization representative members of the
27advisory group, task force, or other group may be reimbursed for
28reasonable and necessary travel expenses.

29(c) On or before June 30, 2016, thebegin delete National Water Research
30Instituteend delete
begin insert departmentend insert shallbegin delete submitend deletebegin insert prepareend insert a draft reportbegin delete to the
31departmentend delete
summarizing the recommendations of the expert panel.

begin insert

32(d) The department may contract with a University of California,
33California State University, or other research institution to meet
34the requirements of this section should the department find that
35the research institution is better able to fulfill the requirements of
36this section by the required date.

end insert
37

SEC. 4.  

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

38

13570.  

Thebegin delete National Water Research Instituteend deletebegin insert departmentend insert
39 expert panel, advisory group, and report may be directly funded
40through nonstate donations. The department shall provide staff to
P6    1select panel members, participate in the advisory group, provide
2input to thebegin delete National Water Research Instituteend deletebegin insert departmentend insert expert
3panel, and provide input on ongoing research projects that will
4form the basis of recommendations of thebegin delete National Water Research
5Instituteend delete
begin insert departmentend insert expert panel. To the extent that state funds
6are available, the department shall use state funds for staff time,
7the expert panel, and the report. The department may accept funds
8from any source and may expend these funds for purposes of
9completing its responsibilities under this chapter.



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