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
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|Ayes:|Alejo, Dahle, Bloom, |Ayes:|Rendon, Bigelow, Allen, |
| |Lowenthal, Stone, Ting | |Bocanegra, Dahle, Fong, |
| | | |Frazier, Beth Gaines, |
| | | |Gatto, Gomes, Gonzalez, |
| | | |Gray, Patterson, Yamada, |
| | | |Williams |
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APPROPRIATIONS 17-0
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|Ayes:|Gatto, Harkey, Bigelow, |
| |Bocanegra, Bradford, Ian |
| |Calderon, Campos, |
| |Donnelly, Eggman, Gomez, |
| |Hall, Holden, Linder, |
| |Pan, Quirk, Wagner, Weber |
|-----+--------------------------|
| | |
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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
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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 :
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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
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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