BILL ANALYSIS Ó SB 322 Page 1 SENATE THIRD READING SB 322 (Hueso) As Amended July 3, 2013 Majority vote SENATE VOTE :39-0 ENVIRONMENTAL SAFETY 6-0 WATER, PARKS & WILDLIFE 15-0 ----------------------------------------------------------------- |Ayes:|Alejo, Dahle, Bloom, |Ayes:|Rendon, Bigelow, Allen, | | |Lowenthal, Stone, Ting | |Bocanegra, Dahle, Fong, | | | | |Frazier, Beth Gaines, | | | | |Gatto, Gomes, Gonzalez, | | | | |Gray, Patterson, Yamada, | | | | |Williams | ----------------------------------------------------------------- APPROPRIATIONS 17-0 -------------------------------- |Ayes:|Gatto, Harkey, Bigelow, | | |Bocanegra, Bradford, Ian | | |Calderon, Campos, | | |Donnelly, Eggman, Gomez, | | |Hall, Holden, Linder, | | |Pan, Quirk, Wagner, Weber | |-----+--------------------------| | | | -------------------------------- SUMMARY : Modifies the duties of the California Department of Public Health (CDPH) regarding the development of uniform water recycling criteria for direct and indirect potable reuse. Specifically, this bill : 1)Requires the CDPH to consult with the State Water Resources Control Board (State Water Board) in the process of investigating and reporting to the Legislature, by December 31, 2016, on the feasibility of developing uniform water recycling criteria for direct potable reuse. 2)Sets the deadline of February 15, 2014, for the CDPH to convene and administer an expert panel to advise it on public SB 322 Page 2 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. 3)Requires the expert panel to assess any additional areas of research needed to establish uniform regulatory criteria for direct potable reuse, and to recommend an approach for accomplishing needed research in a timely manner. 4)Requires the CDPH, in consultation with an advisory group and the State Water Board, to select the expert panel members. 5)Requires the CDPH to convene, no later than January 15, 2015, an advisory group or task force, with specified types of representatives, to advise the expert panel regarding the development of uniform water recycling criteria for direct potable reuse. 6)Requires the CDPH, in consultation with the State Water Board, to select the advisory group members. 7)Requires the advisory group to the CDPH to follow the requirements of the state's open meetings law. 8)Authorizes the CDPH to contract with a public university or other research institution, with experience in convening expert panels on water quality or potable reuse, to complete all or part of the requirements of items 2) through 7), noted above, if the CDPH finds that the research institution is better able to fulfill these requirements. 9)Allows the CDPH 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. FISCAL EFFECT : According to the Assembly Appropriations Committee, this bill will result in increased costs of less than $50,000 from the Waste Discharge Permit Fund or non-state donations to develop uniform water recycling criteria. COMMENTS : SB 322 Page 3 1)State law defines "direct potable reuse" as the planned introduction of recycled water into a public water system or into a raw water supply immediately upstream of a water treatment plant. State law defines "indirect potable reuse for groundwater recharge" as the planned use of recycled water for replenishment of a groundwater basin or an aquifer that has been designated as a source of water supply for a public water system. 2)In 2010, the Legislature passed SB 918 (Pavley), Chapter 700, Statutes of 2010, which requires the CDPH 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 the CDPH 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. The adoption of uniform water recycling criteria by the CDPH is subject to the state laws governing the adoption of state regulations which includes public notice of the proposed regulations, an opportunity to comment, and a review by the Office of Administrative Law. 3)According to the author, and the source of the bill, the San Diego County Water Authority, the timely completion of an expert panel report and recommendations from the CDPH 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. 4)The purpose of this bill is to strengthen current legislation regarding recycled water and to assist in the development of uniform criteria and regulations that can help the state achieve its goals to increase the use of recycled water. 5)In 2009, the State Water Board adopted Resolution No. 2009-0011 to update the state's water recycling policy. This SB 322 Page 4 state policy includes the goal of increasing the use of recycled water in the state over 2002 levels by at least one million acre feet per year by 2020 and by at least two 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. 6)In November 2011, the CDPH 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, the CDPH 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. Analysis Prepared by : Manny Hernandez / E.S. & T.M. / (916) 319-3965 FN: 0001844