BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 322
          Author:   Hueso (D)
          Amended:  5/28/13
          Vote:     21


           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  9-0, 5/1/13  
           AYES:  Hill, Gaines, Calderon, Corbett, Fuller, Hancock,  
            Jackson, Leno, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  6-0, 5/20/13
          AYES:  De León, Walters, Gaines, Hill, Padilla, Steinberg
          NO VOTE RECORDED:  Lara


           SUBJECT  :    Water recycling

           SOURCE  :     San Diego County Water Authority


           DIGEST  :    This bill requires the Department of Public Health  
          (DPH) in consultation with the State Water Resources Control  
          Board (SWRCB), to investigate the feasibility of developing  
          uniform water recycling criteria for direct potable reuse, to  
          provide a final report on that investigation to the Legislature  
          no later than December 31, 2016; and requires the DPH to  
          complete the public review draft of its report by September 1,  
          2016.

           ANALYSIS  :    

          Existing law:

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          1.Requires the SWRCB and the Regional Water Quality Control  
            Boards (regional boards) to enforce water quality laws and  
            regulations for the state's waterways.

          2.Establishes the Water Recycling Act of 1991, creating a  
            statewide goal to recycle a total of 700,000 acre-feet of  
            water per year by 2000 and 1,000,000 acre-feet of water per  
            year by 2010.

          3.Requires each urban water supplier to prepare, and update  
            every five years, an urban water management plan with  
            specified components, including information on recycled water  
            and its potential for use as a water source in the service  
            area of the urban water supplier.

          4.Requires DPH to adopt uniform water recycling criteria for  
            indirect potable reuse for groundwater recharge on or before  
            December 31, 2013.

          5.Requires DPH to develop and adopt uniform water recycling  
            criteria for indirect potable reuse through reservoir  
            augmentation on or before December 31, 2016.

          6.Requires DPH to investigate and report to the Legislature on  
            the feasibility of developing uniform water recycling criteria  
            for direct potable reuse, and requires a public review draft  
            report to the Legislature and the public by June 30, 2016, and  
            a final report by December 31, 2016.

          7.Requires DPH to convene an expert panel to advise on  
            scientific and technical matters related to the development of  
            the aforementioned criteria, comprised of specified experts.   
            Allows DPH to also appoint an advisory group, task force, or  
            other group comprised of representatives of water and  
            wastewater agencies, local public health officers, and related  
            public health and environmental organizations.

          This bill:

           1. Requires DPH in consultation with SWRCB, to investigate the  
             feasibility of developing uniform water recycling criteria  
             for direct potable reuse, to provide a final report on that  
             investigation to the Legislature no later than December 31,  
             2016; and requires the DPH to complete the public review  

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             draft of its report by September 1, 2016.

           2. Requires the DPH to convene and administer an expert panel  
             no later than January, 30, 2014.

           3. Requires the panel 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. 

           4. Requires the inclusion of a limnologist in addition to the  
             other listed experts.

           5. Expands the list of specified entities from which the  
             representatives of the advisory group, task force, or other  
             group could be selected to include DPH, the SWRCB and the  
             United States Environmental Protection Agency.

           6. Provides that, on or before June 30, 2016, the DPH shall  
             prepare a draft report summarizing the recommendations of the  
             expert panel.

           7. Authorizes the DPH to contract with a University of  
             California, California State University or other research  
             institutions, as prescribed.

           8. Authorizes DPH to accept funds from nonstate sources and to  
             expend these funds, upon appropriation by the Legislature.

           Background
           
           Recycled Water  .   Recycled water, sometimes called reclaimed  
          water, is former wastewater (sewage) that has been treated to  
          remove solids and certain impurities, and then allowed to  
          recharge the aquifer rather than being discharged to surface  
          water.  This recharging is often done by using the treated  
          wastewater for irrigation.  Recycled water is used for many  
          purposes including agricultural irrigation, landscape  
          irrigation, groundwater recharge, and seawater intrusion  
          barriers.  Before recycled water can be used for these  
          beneficial uses, the regional boards and DPH require treatment  
          to remove pollutants that could be harmful to the beneficial  
          use.

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           State Regulations for Groundwater Recharge  .  DPH regulates  
          projects under the State Water Recycling Criteria (Title 22) and  
          draft groundwater recharge regulations.  The draft recharge  
          regulations, which are used as guidance in evaluating projects,  
          specifically address protection of public health, (see Senate  
          Environmental Quality analysis for these regulations).






           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                     Unknown, but likely in the thousands to low tens of  
                 thousands of dollars from the Waste Discharge Permit Fund  
                 (Special) or nonstate donations for additional  
                 requirements for the development of uniform water  
                 recycling criteria.


           SUPPORT  :   (Verified  5/28/13)

          San Diego County Water Authority (source)

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          timely completion of an expert panel report and recommendations  
          from DPH on the ability to ensure a safe water supply through  
          direct potable reuse projects is critical for the planning of  
          potable reuse projects in California.  While no agencies are  
          currently proposing direct potable reuse projects, safe use of  
          advanced treated purified water for direct potable water would  
          result in significant savings in costs of constructing and  
          operating infrastructure, and reduced energy consumption.


          RM:ej  5/28/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE


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