BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 322
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          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  








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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 


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