BILL ANALYSIS Ó
SB 322
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Date of Hearing: August 13, 2013
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
SB 322 (Hueso) - As Amended: July 3, 2013
SENATE VOTE : 39-0
SUBJECT : Recycled water
SUMMARY : Modifies deadlines and consulting requirements
applicable to the existing California Department of Public Health
(DPH) mandate to develop uniform water recycling criteria for
indirect and direct potable reuse. Specifically, this bill :
1)Requires DPH to consult with the State Water Resources Control
Board (State Water Board) on recycling criteria for direct
potable reuse and allows DPH two additional months (until
September 1, 2016) to issue a draft feasibility report on
direct potable reuse (draft report).
2)Requires DPH, in developing uniform water recycling criteria
for surface water augmentation, to consult with the State and
consider 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," in addition to other relevant research and
studies.
3)Requires DPH, by February 15, 2014, to convene and administer
an expert panel to advise it on public health issues and
scientific and technical matters regarding the development of
uniform water recycling criteria for indirect potable reuse
through surface water augmentation, and to investigate the
feasibility of developing uniform water recycling criteria for
direct potable reuse. Adds a requirement for a limnologist
(one who studies bodies of fresh water) to the expert panel and
specifies DPH shall prepare a draft report summarizing the
recommendations of the expert panel by June 30, 2016.
4)Mandates, instead of permits, DPH to convene, an advisory group
no later than January 15, 2015, and directs that advisory group
to advise the expert panel as well as DPH with respect to the
draft report. Adds DPH as an advisory group member as well as
the State Water Board, the United States Environmental
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Protection Agency (USEPA), and ratepayer or taxpayer advocate
organizations.
5)Requires the advisory group to hold public meetings in
accordance with the requirements of the state's open meetings
law.
6)Authorizes DPH to contract with a public university or other
research institution to convene the expert panel, advisory
group, or both, should DPH find that would be more efficient
and timely.
7)Allows DPH to accept funds from non-state sources, rather than
from any source, and to expend these funds, upon appropriation
by the Legislature, to develop and adopt uniform water
recycling criteria for indirect potable reuse for groundwater
recharge and for surface water augmentation.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, since DPH has not yet commenced developing the criteria
on using recycled water for surface water augmentation and direct
potable reuse, the additional workload required by this bill will
likely be minimal. At most, Senate Appropriations staff
anticipates the costs to be in the low tens of thousands. These
costs can be covered either by future appropriations from the
Waste Discharge Permit Fund or by non-state funds received by DPH
for this purpose.
COMMENTS : The purpose of this bill is to promote the development
of timely and credible uniform criteria and regulations for
direct potable water reuse and indirect potable water reuse
through surface augmentation in order to help the state achieve
its goal of increasing the use of recycled water.
In 2009, the State Water Board adopted Resolution No. 2009-0011
to update the state's water recycling policy. This state policy
includes the goal of increasing the use of recycled water in the
state over 2002 levels by at least 1 million acre feet per year
by 2020 and by at least 2 million acre feet per year by 2030.
State law recognizes that the use of recycled water for indirect
potable reuse is critical to achieving the State Water Board's
goals for increased use of recycled water for the state. State
law also declares that the achievement of the state's goals
depends on the timely development of uniform statewide recycling
criteria for indirect and direct potable water reuse.
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Prior legislation : In 2010, the Legislature passed SB 918
(Pavley, Chapter 700, Statutes of 2010) which requires DPH to
adopt uniform water recycling criteria for indirect potable use
for groundwater recharge by December 31, 2013, and to adopt
uniform water recycling criteria for surface water augmentation
by December 31, 2016. That legislation specifies that DPH shall
not adopt uniform water recycling criteria for surface water
augmentation unless the expert panel adopts a finding that the
proposed criteria would adequately protect public health.
In November 2011, DPH released revised draft regulations
addressing groundwater replenishment using recycled water from
domestic wastewater sources, for aquifers designated as a source
of drinking water. In December 2011, DPH held workshops
throughout the state and requested written comments from
interested parties. The proposed regulations are designed to
replace the existing regulations, adopted in 1978. DPH states on
its website that although SB 918 requires the adopting of revised
groundwater replenishment regulations by December 31, 2013, it is
unlikely to meet this deadline since DPH has not received the
additional resources necessary to do so. Nevertheless, proposed
groundwater replenishment (and surface water augmentation)
projects continue to move forward.
Supporting arguments : According to the author and supporters of
this bill, the 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. They also
state that while no agencies are currently proposing direct
potable reuse projects, the safe use of advanced treated purified
water for direct potable water would result in significant cost
savings when constructing and operating infrastructure, and
reducing energy consumption.
Bill was double-referred. This bill was heard by the Assembly
Environmental Safety and Toxic Materials Committee on July 2,
2013 and passed with a vote of 6-0.
REGISTERED SUPPORT / OPPOSITION :
Support
San Diego County Water Authority (sponsor)
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Association of California Water Agencies
California Groundwater Coalition
East Bay Municipal Utility District
Irvine Ranch Water District
Opposition
None on file.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096