BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 322|
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UNFINISHED BUSINESS
Bill No: SB 322
Author: Hueso (D)
Amended: 7/3/13
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 9-0, 5/1/13
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
studies.
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
law.
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.
Background
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
use.
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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