BILL ANALYSIS                                                                                                                                                                                                    Ó


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                                 UNFINISHED BUSINESS

          Bill No:  SB 322
          Author:   Hueso (D)
          Amended:  7/3/13
          Vote:     21

           AYES:  Hill, Gaines, Calderon, Corbett, Fuller, Hancock,  
            Jackson, Leno, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  6-0, 5/20/13
          AYES:  De León, Walters, Gaines, Hill, Padilla, Steinberg
          NO VOTE RECORDED:  Lara

           SENATE FLOOR  :  39-0, 5/29/13
          AYES:  Anderson, Beall, Berryhill, Block, Calderon, Cannella,  
            Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller,  
            Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,  
            Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,  
            Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters,  
            Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Vacancy

          ASSEMBLY FLOOR  :  Not available

           SUBJECT  :    Water recycling

           SOURCE  :     San Diego County Water Authority

           DIGEST  :    This bill requires by December 31, 2016, the  
          Department of Public Health (DPH) in consultation with the State  


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          Water Resources Control Board (SWRCB), to investigate the  
          feasibility of developing uniform water recycling criteria for  
          direct potable reuse, to provide a final report on that  
          investigation to the Legislature no later than December 31,  
          2016; and requires the DPH to complete the public review draft  
          of its report by September 1, 2016.

           Assembly Amendments  extend the provision requiring DPH to  
          convene and administer the expert panel until February 15, 2014;  
          require DPH to convene the advisory group, task force, or other  
          group, on or before January 15, 2014, and subject the advisory  
          group to specific open meetings provisions; and make other  
          clarifying and technical changes.

           ANALYSIS  :    

          Existing law:

          1.Requires the SWRCB and the Regional Water Quality Control  
            Boards (regional boards) to enforce water quality laws and  
            regulations for the state's waterways.

          2.Establishes the Water Recycling Act of 1991, creating a  
            statewide goal to recycle a total of 700,000 acre-feet of  
            water per year by 2000 and 1,000,000 acre-feet of water per  
            year by 2010.

          3.Requires each urban water supplier to prepare, and update  
            every five years, an urban water management plan with  
            specified components, including information on recycled water  
            and its potential for use as a water source in the service  
            area of the urban water supplier.

          4.Requires DPH to adopt uniform water recycling criteria for  
            indirect potable reuse for groundwater recharge on or before  
            December 31, 2013.

          5.Requires DPH to develop and adopt uniform water recycling  
            criteria for indirect potable reuse through reservoir  
            augmentation on or before December 31, 2016.

          6.Requires DPH to investigate and report to the Legislature on  
            the feasibility of developing uniform water recycling criteria  
            for direct potable reuse, and requires a public review draft  



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            report to the Legislature and the public by June 30, 2016, and  
            a final report by December 31, 2016.

          7.Requires DPH to convene an expert panel to advise on  
            scientific and technical matters related to the development of  
            the aforementioned criteria, comprised of specified experts.   
            Allows DPH to also appoint an advisory group, task force, or  
            other group comprised of representatives of water and  
            wastewater agencies, local public health officers, and related  
            public health and environmental organizations.

          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  

          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 Protection Agency, and ratepayer or taxpayer  



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            advocate organizations.

          5.Requires the advisory group to hold public meetings in  
            accordance with the requirements of the state's open meetings  

          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. 

           Recycled Water  .   Recycled water, sometimes called reclaimed  
          water, is former wastewater (sewage) that has been treated to  
          remove solids and certain impurities, and then allowed to  
          recharge the aquifer rather than being discharged to surface  
          water.  This recharging is often done by using the treated  
          wastewater for irrigation.  Recycled water is used for many  
          purposes including agricultural irrigation, landscape  
          irrigation, groundwater recharge, and seawater intrusion  
          barriers.  Before recycled water can be used for these  
          beneficial uses, the regional boards and DPH require treatment  
          to remove pollutants that could be harmful to the beneficial  

           State Regulations for Groundwater Recharge  .  DPH regulates  
          projects under the State Water Recycling Criteria (Title 22) and  
          draft groundwater recharge regulations.  The draft recharge  
          regulations, which are used as guidance in evaluating projects,  
          specifically address protection of public health, (see Senate  
          Environmental Quality analysis for these regulations).

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Assembly Appropriations Committee, this bill  
          will result in increased costs of less than $50,000 from the  



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          Waste Discharge Permit Fund or non-state donations to develop  
          uniform water recycling criteria.

           SUPPORT  :   (Verified  9/10/13)

          San Diego County Water Authority (source)
          Association of California Water Agencies
          California Groundwater Coalition
          East Bay Municipal Utility District
          Irvine Ranch Water District

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          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.  While no agencies are  
          currently proposing direct potable reuse projects, safe use of  
          advanced treated purified water for direct potable water would  
          result in significant savings in costs of constructing and  
          operating infrastructure, and reduced energy consumption.

          RM:ej:n  9/11/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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