Amended in Senate May 28, 2013

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,begin delete and 13565 of, and to add Section 13570 to,end deletebegin insert 13565, and 13569 ofend insert 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 would require the department to convene and administer the expert panel not later than January 30, 2014. 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 expand the list of specified entities from which the representatives of the advisory group, task force, or other group 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, the department shall prepare a draft report summarizing the recommendations of the expert panel. The bill would authorize the department to contract with a University of California, California State University, or other research institution, as prescribed. 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.begin delete The bill would also authorize the department to accept funds from any source and use those funds for certain purposes.end delete

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(3) Existing law also authorizes the department to accept funds from any source and use those funds, upon appropriation by the Legislature, for certain purposes.

end insert
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This bill would instead authorize the department to accept funds from nonstate sources and use those funds for certain purposes.

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

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

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SECTION 1.  

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

3

13563.  

(a) (1) Not later than December 31, 2016, the
4department, in consultation with the state board, shall investigate
5and report to the Legislature on the feasibility of developing
6uniform water recycling criteria for direct potable reuse.

7(2) The department shall complete a public review draft of its
8report by September 1, 2016. The department shall provide the
9public not less than 45 days to review and comment on the public
10review draft.

11(3) The department shall provide a final report to the Legislature
12by December 31, 2016. The department shall make the final report
13available to the public.

14(b) In conducting the investigation pursuant to subdivision (a),
15the department shall examine all of the following:

16(1) The availability and reliability of recycled water treatment
17technologies necessary to ensure the protection of public health.

18(2) Multiple barriers and sequential treatment processes that
19may be appropriate at wastewater and water treatment facilities.

20(3) Available information on health effects.

21(4) Mechanisms that should be employed to protect public health
22if problems are found in recycled water that is being served to the
23public as a potable water supply, including, but not limited to, the
24failure of treatment systems at the recycled water treatment facility.

25(5) Monitoring needed to ensure protection of public health,
26including, but not limited to, the identification of appropriate
27indicator and surrogate constituents.

28(6) Any other scientific or technical issues that may be
29necessary, including, but not limited to, the need for additional
30research.

31(c) (1) Notwithstanding Section 10231.5 of the Government
32Code, the requirement for submitting a report imposed under
33paragraph (3) of subdivision (a) is inoperative on December 31,
342020.

35(2) A report to be submitted pursuant to paragraph (3) of
36subdivision (a) shall be submitted in compliance with Section 9795
37of the Government Code.

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SEC. 2.  

Section 13564 of the Water Code is amended to read:

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13564.  

In developing uniform water recycling criteria for
2surface water augmentation, the department shall consider all of
3the following:

4(a) The final report from the National Water Research Institute
5Independent Advisory Panel for the City of San Diego Indirect
6Potable Reuse/Reservoir Augmentation (IPR/RA) Demonstration
7Project.

8(b) Monitoring results of research and studies regarding surface
9water augmentation.

10(c) Results of demonstration studies conducted for purposes of
11approval of projects using surface water augmentation.

12(d) Epidemiological studies and risk assessments associated
13with projects using surface water augmentation.

14(e) Applicability of the advanced treatment technologies required
15for recycled water projects, including, but not limited to, indirect
16potable reuse for groundwater recharge projects.

17(f) Water quality, limnology, and health risk assessments
18associated with existing potable water supplies subject to
19discharges from municipal wastewater, stormwater, and agricultural
20runoff.

21(g) Recommendations of the State of California Constituents
22of Emerging Concern Recycled Water Policy Science Advisory
23Panel.

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

26(i) Research and recommendations from the United States
27Environmental Protection Agency Guidelines for Water Reuse.

28(j) The National Research Council of the National Academies’
29report titled “Water Reuse: Potential for Expanding the Nation’s
30Water Supply Through Reuse of Municipal Wastewater.”

31(k) Other relevant research and studies regarding indirect potable
32reuse of recycled water.

33

SEC. 3.  

Section 13565 of the Water Code is amended to read:

34

13565.  

(a) (1) Not later than January 30, 2014, the department
35shall convene and administer an expert panel for purposes of
36advising the department on public health issues and scientific and
37technical matters regarding development of uniform water recycling
38criteria for indirect potable reuse through surface water
39augmentation and investigation of the feasibility of developing
40uniform water recycling criteria for direct potable reuse. The expert
P5    1panel shall assess what, if any, additional areas of research are
2needed to be able to establish uniform regulatory criteria for direct
3potable reuse. The expert panel shall then recommend an approach
4for accomplishing any additional needed research in a timely
5manner.

6(2) The expert panel shall be comprised, at a minimum, of a
7toxicologist, an engineer licensed in the state with at least three
8years’ experience in wastewater treatment, an engineer licensed
9in the state with at least three years’ experience in treatment of
10 drinking water supplies and knowledge of drinking water standards,
11an epidemiologist, a limnologist, a microbiologist, and a chemist.
12The department, in consultation with the National Water Research
13Institute and the state board, shall select the expert panel members.

14(3) Members of the expert panel may be reimbursed for
15reasonable and necessary travel expenses.

16(b) (1) The department may convene an advisory group, task
17force, or other group, comprised of no fewer than nine
18representatives of water and wastewater agencies, local public
19health officers, environmental organizations, environmental justice
20organizations, public health nongovernmental organizations, the
21department, the state board, the United States Environmental
22Protection Agency, and the business community, to advise the
23expert panel regarding the development of uniform water recycling
24criteria for direct potable reuse. The department, in consultation
25with the state board, shall select the advisory group members.

26(2) Environmental, environmental justice, and public health
27nongovernmental organization representative members of the
28advisory group, task force, or other group may be reimbursed for
29reasonable and necessary travel expenses.

30(c) On or before June 30, 2016, the department shall prepare a
31draft report summarizing the recommendations of the expert panel.

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.

37begin insert

begin insertSEC. 4.end insert  

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begin insertSection 13569 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

38

13569.  

The department may accept funds frombegin delete any source,end delete
39begin insert nonstate sourcesend insert and may expend these funds, upon appropriation
40by the Legislature, for the purposes of this chapter.

begin delete
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SEC. 4.  

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

2

13570.  

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

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