BILL ANALYSIS                                                                                                                                                                                                    

                                                                 SB 322
                                                                  Page  1

          Date of Hearing:   August 21, 2013

                                  Mike Gatto, Chair

                     SB 322 (Hueso) - As Amended:  July 3, 2013 

          Policy Committee:                             Environmental  
          Safety       Vote:                            6-0
                       Water, Parks and Wildlife                     15-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              


          This bill modifies the duties of the Department of Public Health  
          (DPH) regarding the development of 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 (SWRCB) 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.

          2)Requires DPH, in developing uniform water recycling criteria  
            for surface water augmentation, to consult with the SWRCB and  
            consider specified reports and studies.

          3)Requires DPH, by February 15, 2014, to convene an expert panel  
            and 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, to advise the expert  
            panel and DPH.  The advisory group is subject to state open  
            meeting law requirements.  

          5)Allows DPH to accept funds from non-state sources, expend the  
            funds, upon appropriation by the Legislature, for the purposes  
            of the bill.

           FISCAL EFFECT  


                                                                 SB 322
                                                                  Page  2

          Unknown increased costs of less than $50,000 from the Waste  
          Discharge Permit Fund or other non-state donations to develop  
          uniform recycling criteria.


           1)Purpose.    In 2010, SB 918 (Pavley, Chapter 700) was enacted  
            to require DPH to adopt uniform water recycling criteria for  
            groundwater recharge and surface water augmentation.  
             This bill strengthens current recycled water requirements to  
            assist in the development of uniform criteria to help the  
            state achieve its goals regarding the use of recycled water.

           2)Background.   In 2009, the SWRCB 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.   The use of recycled water for  
            indirect potable reuse is critical to achieving the SWRCB  
            goals depends upon the timely development of inform statewide  
            recycling criteria.
             In November 2011, the DPH released revised draft regulations  
            addressing groundwater replenishment using recycled water from  
            domestic wastewater sources, as a source of drinking water.   
            The proposed regulations are designed to replace the existing  
            regulations, adopted in 1978.  According to DPH, although SB  
            918 requires the DPH to adopt revised groundwater  
            replenishment regulations by December 31, 2013, it is unlikely  
            to the department will meet this deadline  
           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)