Amended in Assembly June 26, 2013

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, 13565, and 13569 of 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 Legislaturebegin delete not later thanend deletebegin insert on or beforeend insert 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 panelbegin delete not later than January 30,end deletebegin insert on or before February 15,end insert 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.begin insert The bill would require the department to convene the advisory group, task force, or other group, on or before January 15, 2014, and would subject the advisory group to specific open meetings provisions.end insert The bill wouldbegin insert furtherend insert expand the list of specified entities from which the representatives of the advisory group, task force, or other group could be selected to includebegin insert, among others,end insert the department, the state board,begin insert ratepayer or taxpayer advocate organizations,end insert and the United States Environmental Protection Agency. The bill wouldbegin delete also provide thatend deletebegin insert requireend insert, on or before June 30, 2016, the departmentbegin delete shallend deletebegin insert toend insert prepare a draft report summarizing the recommendations of the expert panel. The bill would authorize the department to contract with abegin delete University of California, California State University,end deletebegin insert public universityend insert or other research institutionbegin delete, 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 availableend deletebegin insert for purposes of the expert panelend insert.

(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.

This bill would instead authorize the department to accept funds from nonstate sources 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:

P3    1

SECTION 1.  

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

3

13563.  

(a) (1) begin deleteNot later than end deletebegin insertOn or before end insertDecember 31, 2016,
4the department, in consultation with the state board, shall
5investigate and report to the Legislature on the feasibility of
6developing uniform water recycling criteria for direct potable
7reuse.

8(2) The department shall complete a public review draft of its
9report by September 1, 2016. The department shall provide the
10public not less than 45 days to review and comment on the public
11review draft.

12(3) The department shall provide a final report to the Legislature
13by December 31, 2016. The department shall make the final report
14available to the public.

15(b) In conducting the investigation pursuant to subdivision (a),
16the department shall examine all of the following:

17(1) The availability and reliability of recycled water treatment
18technologies necessary to ensure the protection of public health.

19(2) Multiple barriers and sequential treatment processes that
20may be appropriate at wastewater and water treatment facilities.

21(3) Available information on health effects.

22(4) Mechanisms that should be employed to protect public health
23if problems are found in recycled water that is being served to the
24public as a potable water supply, including, but not limited to, the
25failure of treatment systems at the recycled water treatment facility.

26(5) Monitoring needed to ensure protection of public health,
27including, but not limited to, the identification of appropriate
28indicator and surrogate constituents.

29(6) Any other scientific or technical issues that may be
30necessary, including, but not limited to, the need for additional
31research.

32(c) (1) Notwithstanding Section 10231.5 of the Government
33Code, the requirement for submitting a report imposed under
34paragraph (3) of subdivision (a) is inoperative on December 31,
352020.

P4    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.

4

SEC. 2.  

Section 13564 of the Water Code is amended to read:

5

13564.  

In developing uniform water recycling criteria for
6surface water augmentation, the department shall consider all of
7the following:

8(a) The final report from the National Water Research Institute
9Independent Advisory Panel for the City of San Diego Indirect
10Potable Reuse/Reservoir Augmentation (IPR/RA) Demonstration
11Project.

12(b) Monitoring results of research and studies regarding surface
13water augmentation.

14(c) Results of demonstration studies conducted for purposes of
15approval of projects using surface water augmentation.

16(d) Epidemiological studies and risk assessments associated
17with projects using surface water augmentation.

18(e) Applicability of the advanced treatment technologies required
19for recycled water projects, including, but not limited to, indirect
20potable reuse for groundwater recharge projects.

21(f) Water quality, limnology, and health risk assessments
22associated with existing potable water supplies subject to
23discharges from municipal wastewater, stormwater, and agricultural
24runoff.

25(g) Recommendations of the State of California Constituents
26of Emerging Concern Recycled Water Policy Science Advisory
27Panel.

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

30(i) Research and recommendations from the United States
31Environmental Protection Agency Guidelines for Water Reuse.

32(j) The National Research Council of the National Academies’
33report titled “Water Reuse: Potential for Expanding the Nation’s
34Water Supply Through Reuse of Municipal Wastewater.”

35(k) Other relevant research and studies regarding indirect potable
36reuse of recycled water.

37

SEC. 3.  

Section 13565 of the Water Code is amended to read:

38

13565.  

(a) (1) begin deleteNot later than January 30, end deletebegin insertOn or before
39February 15, end insert
2014, the department shall convene and administer
40an expert panel for purposes of advising the department on public
P5    1health issues and scientific and technical matters regarding
2development of uniform water recycling criteria for indirect potable
3reuse through surface water augmentation and investigation of the
4feasibility of developing uniform water recycling criteria for direct
5potable reuse. The expert panel shall assess what, if any, additional
6areas of research are needed to be able to establish uniform
7regulatory criteria for direct potable reuse. The expert panel shall
8then recommend an approach for accomplishing any additional
9needed research in a timely manner.

10(2) The expert panel shall be comprised, at a minimum, of a
11toxicologist, an engineer licensed in the state with at least three
12years’ experience in wastewater treatment, an engineer licensed
13in the state with at least three years’ experience in treatment of
14 drinking water supplies and knowledge of drinking water standards,
15an epidemiologist, a limnologist, a microbiologist, and a chemist.
16The department, in consultation with thebegin delete National Water Research
17Instituteend delete
begin insert advisory groupend insert and the state board, shall select the expert
18panel members.

19(3) Members of the expert panel may be reimbursed for
20reasonable and necessary travel expenses.

21(b) (1) begin deleteThe end deletebegin insertOn or before January 15, 2014, the end insertdepartmentbegin delete mayend delete
22begin insert shallend insert convene an advisory group, task force, or other group,
23comprised of no fewer than nine representatives of water and
24wastewater agencies, local public health officers, environmental
25organizations, environmental justice organizations, public health
26nongovernmental organizations, the department, the state board,
27the United States Environmental Protection Agency,begin insert ratepayer or
28taxpayer advocate organizations,end insert
and the business community, to
29advise the expert panel regarding the development of uniform
30water recycling criteria for direct potable reusebegin insert and the draft report
31required by Section 13563end insert
. The department, in consultation with
32the state board, shall select the advisory group members.

33(2) Environmental, environmental justice, and public health
34nongovernmental organization representative members of the
35advisory group, task force, or other group may be reimbursed for
36reasonable and necessary travel expenses.

begin insert

37(3) In order to ensure public transparency, the advisory group
38established pursuant to paragraph (1) shall be subject to the
39Bagley-Keene Open Meeting Act (Article 9 (commencing with
P6    1Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
2the Government Code).

end insert

3(c) On or before June 30, 2016, the department shall prepare a
4draft report summarizing the recommendations of the expert panel.

5(d) The department may contract with abegin delete University of California,
6California State University,end delete
begin insert public universityend insert or other research
7institutionbegin insert with experience in convening expert panels on water
8quality or potable reuseend insert
to meetbegin insert all or part of end insert the requirements
9of this section should the department find that the research
10institution is better able to fulfill the requirements of this section
11by the required date.

12

SEC. 4.  

Section 13569 of the Water Code is amended to read:

13

13569.  

The department may accept funds from nonstate sources
14and may expend these funds, upon appropriation by the Legislature,
15for the purposes of this chapter.



O

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