BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2270|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 2270
Author: Laird (D) and Feuer (D), et al
Amended: 8/4/08 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 6/16/08
AYES: Simitian, Corbett, Florez, Kuehl, Lowenthal
NOES: Runner, Aanestad
SENATE NATURAL RES. & WATER COMMITTEE : 7-1, 6/24/08
AYES: Steinberg, Cogdill, Kehoe, Kuehl, Machado, Margett,
Migden
NOES: Hollingsworth
SENATE APPROPRIATIONS COMMITTEE : 8-5, 7/7/08
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl,
Ridley-Thomas, Simitian, Yee
NOES: Cox, Aanestad, Ashburn, Dutton, Wyland
NO VOTE RECORDED: Oropeza, Runner
ASSEMBLY FLOOR : 51-19, 5/29/08 - See last page for vote
SUBJECT : Recycled water: water quality
SOURCE : WateReuse Association
Inland Empire Utilities Agency
DIGEST : This bill requires additional reporting on
recycled water and allows local limitations on salinity
inputs.
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Senate Floor Amendments of 8/4/08 consolidate reporting on
recycled water to the State Water Resources Control Board
(SWRCB), in place of reporting to an appropriate regional
water quality control board (RWQCB). The amendments,
largely technical in nature, also contain two provisions
that require (1) a person authorized to supply or
distribute recycled water to annually report specified
information to the SWRCB, in place of a prior proposal in
the bill to provide such reporting to the appropriate
RWQCB, and (2) the Department of Health Services to include
information from the SWRCB when updating its report on
water recycling.
ANALYSIS :
Existing law:
1. Authorizes a residential water softening or conditioning
appliance to be installed if certain conditions are met.
2. Provides that a local agency may limit the availability,
or prohibit the installation, of residential water
softening or conditioning appliances that discharge to
the community sewer system if the local agency makes
specified findings in an ordinance.
3. Requires that any ordinance banning the installation of
water softeners be prospective and may not require the
removal of residential water softening or conditioning
appliances that are installed before the effective date
of the ordinance.
4. Provides that any water softening appliance in place at
a residential dwelling prior to January 1, 1980, in
those areas being served by sewage treatment facilities
that have been limited with regard to salt loading
pursuant to Division 7 of the Water Code and for which
the appropriate RWQCB makes a finding that the control
of residential salinity input is necessary to provide
compliance with those limitations, may be continued in
operation for a period no longer than four years.
5. Authorizes the Santa Clarita Valley Sanitation District,
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or any successor district, to adopt an ordinance
requiring the removal of all installed residential
self-regenerating water softeners that discharge to the
community sewer system, if the sanitation district makes
specified findings and includes them in the ordinance,
pursuant to SB 475 (Runner), Chapter 393, Statutes of
2006.
This bill:
1. Requires the Department of Water Resources (DWR) to
update recycling "targets" every five years, as
specified (e.g., information from appropriate regional
boards and water management plans). Requires the DWR to
include revised targets in the California Water Plan
beginning in 2013.
2. Requires an urban water supplier to include in its urban
water management plan information on recycled water, as
specified (e.g., a description of the quantity of
treated wastewater meeting recycled water standards).
3. Requires a permittee to submit the recycled water use
information on an annual basis to an RWQCB.
4. Requires any person authorized to supply or distribute
recycled water to annually report to the appropriate
RWQCB the amount of recycled water supplied or
distributed in the previous year.
5. Authorizes a local agency maintaining a community sewer
system to act to control residential salinity inputs
(e.g., water softeners) to protect the state's water
quality, based on a finding by the SWRCB or an RWQCB
that residential salinity input will contribute to
achieving water quality objectives, as based on one or
more of several actions adopted by the SWRCB or RWQCB
(e.g., water quality control plans, waste discharge
requirements, cease and desist orders).
A. Actions to control residential salinity inputs may
include various types of controls (e.g., requiring
plumbing permits, the removal of water softeners).
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B. If a local agency adopts an ordinance requiring
the removal of a water softener, the local agency is
required to provide a program to compensate owners,
as determined by a local agency.
C. Provides a standard of judicial review that is
based on a review of evidence, and is according to
the same as the standard of review required for the
corresponding water quality action which serves as
the basis for the finding.
6. Requires the DWR and the SWRCB to promote 2005
California Water Plan policies related to water use
efficiency and recycled water in the priorities for
awarding state water management grants and loans.
Comments
According to the Senate Environmental Quality Committee
analysis, this bill advances the use of recycled water in
the state by removing barriers to its use, improving water
quality and tracking progress in meeting the state's target
for recycled water. This bill addresses Recycled Water
Task Force recommendations by promoting the use of recycled
water and removing barriers to implementation.
Prior/Related Legislation
SB 475 (Runner), Chapter 393, Statutes of 2006, established
a process by which the Santa Clarita Valley Sanitation
District, upon voter approval of an ordinance adopted by
the district board to do so, may require the removal of all
residential water softening or conditioning appliances that
discharge to the public sewer system, in an effort to
reduce the volume of chloride discharged to the Santa Clara
River.
NOTE: Please refer to the Senate Environmental Quality
Committee analysis for further background
information.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2008-09
2009-10 2010-11 Fund
California Water Plan $50 $50
$50Bond*
update: include recycled
water information
* Proposition 84
DWR estimates it requires additional funding of $200,000
every five years (over four years for the first report) to
include the revised targets in the California Water Plan.
This bill specifies the intent of the Legislature to use
Proposition 84 monies to implement this bill. The Senate
Appropriations Committee staff notes that while Proposition
84 may authorize the use of bond monies for non-capital
expenditures this may not be the best use of long-term
monies. If bond monies were used to fund this update,
total costs to the General Fund over 30 years would be
$390,000 for a portion of an update that has a shelf-life
of only five years.
SUPPORT : (Verified 7/8/08)
WateReuse Association (co-source)
Inland Empire Utilities Agency (co-source)
Association of California Water Agencies
California Alliance of Golf
California Golf Course Superintendents Association
California League of Food Processors
California Municipal Utilities Association
California Poultry Federation
California Association of Sanitation Agencies
California Coastkeeper Alliance
California Farm Bureau Federation
Calleguas Creek Watershed Management Committee
Calleguas Metropolitan Water District
Central Solano Citizen/Taxpayer Group
Central Valley Clean Water Association
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Cities of Camarillo, Corona, Davis, Dixon, Fillmore,
Fresno, Lompoc, Los Angeles, Ontario, Riverside,
Roseville, San Diego, San Jose, Stockton, and Thousand
Oaks
City of Livermore Public Works Department
City of Santa Barbara - Public Works Department
Coachella Valley Water District
County of Los Angeles
County of Santa Barbara Public Works Department
County Sanitation Districts of Los Angeles
East Bay Municipal Utility District
Eastern Metropolitan Water District
Elsinore Valley Metropolitan Utility District
Farm Bureau of Ventura County
Groundwater Resources Association of California
Irvine Ranch Water District
Kern County Taxpayers Association
Las Virgenes Municipal Water District
League of California Cities
Metropolitan Water District of Southern California
Monte Vista Water District
Monterey Regional Water Pollution Control Agency
Napa-Solano Central Labor Council
Napa-Solano Counties Building and Trades Council
Nisei Farmers League
Olivehain Municipal Utility District
Orange County Sanitation District
Orange County Water District
Planning and Conservation League
Sacramento Regional Wastewater Treatment
Salida Sanitary District
San Diego County Water Authority
San Elijo Joint Powers Authority
Santa Ana Watershed Project Authority
Santa Clara Valley Water District
Southern California Alliance of Publicly Owned Treatment
Works
Solano County Taxpayers Association
Sonoma County Water Agency
Southern California Water Committee
Three Valleys Municipal Water District
Union Sanitary District
United Water Conservation District
Valencia Water Company
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Vallecitos Water District
Ventura County Agricultural Association
Victor Valley Wastewater Authority
Water Replenishment District of Southern California
Western Municipal Water District
Western United Dairymen
OPPOSITION : (Verified 7/8/08)
AAA Water Systems, Inc.
Agua Limpia
American Home Solutions
AmeriTek Industries
Aqua Blue
Aqua Kleen
Aqua Primo Water Systems
AquaTerra Water Service
Augie's Water Systems
B & D Quality Water, Inc.
California Groundwater Association
California Retailers Association
Challenger Water International
Cirqua Customized Water
ClearWater Corp.
Crystal King
Culligan Quality Water Enterprises
Culligan Water Solutions
CUNO Inc. a 3M Company
Dupure International
EcoWater Systems
Environmental Aqua
Evans Plumbing
Executive Vending & OCS, Inc.
Groundwater Association
GE Consumer & Industrial
GE Water & Process Technologies
Good Water Warehouse
Howlett Consulting
Investment on Financial Capital, Inc.
Kevin Shaw Plumbing
Kinetico Quality Water
Kinetico Water Systems
Life Ionizers
McCowin Enterprises
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Morton Salt
Neftec Inc. DBA Ampac Water
Osmosis Technology, Inc
Pacific Water Quality Association
Pat's Water Inc.
Pentair Water Pool and Spa
Performance Water Products
Plumbing Concepts, Inc.
Precision Installation Products
Puronics Water Systems
QMP, Inc
Quality Water, Inc.
Rain Soft Water Treatment Systems
Randazzo's Water Conditioning
Rayne Water Conditioning
South Bay Salt Works
Special T Water Systems, Inc.
TaylorMade Water Systems
Topway Global Inc.
Water Conditioning & Purification Magazine
Water Quality Association
Water Resources International, Inc.
Water Techniques
Water Warehouse
Weeks Drilling & Pump Company
West Coast Services
ARGUMENTS IN SUPPORT : According to the author's office,
growing population, local and regional water shortages, the
recent federal court decision to limit freshwater exports
from the Delta, climate change, and the need to protect
California's fish and wildlife make it imperative that the
state manage its water resources as efficiently as
possible. Recycled water provides additional water
supplies that are a cost-effective and drought proof method
of helping meet California's water needs.
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 RWQCBs and
Department of Public Health require treatment to remove
pollutants that could be harmful to the beneficial use.
One major pollutant that is costly to remove is salt and
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high salts can reduce the ability of the recycled water to
be used for irrigation and groundwater recharge purposes.
The need to increase the state's use of recycled water but
ensure protection of public health is reflected in many
Code sections. Sections 13575-13583 of the Water Code
establish a statewide goal to recycle 700,000 acre feet of
water by 2000, and one million acre feet by 2010. However,
progress has been slow. The 2000 goal was not met, and
based on the 2005 California Water Plan, the state could be
20 years behind in meeting the 2010 goal.
In response to the failure to meet the state's 2000 goal,
the Legislature in 2001 added Section 13578 of the Water
Code [AB 331 (Goldberg), Chapter 590, Statutes of 2001].
Section 13578 requires the DWR to convene a statewide task
force and report back to the Legislature on the
opportunities for, and obstacles to, increasing the use of
recycled water. The Recycled Water Task Force Report was
issued in June 2003, and included 26 recommendations.
ARGUMENTS IN OPPOSITION : Opponents from the water
softener industry point to the long history of legislative
debate over limitations on softeners, and assert that local
agencies have not justified the need for any change. They
argue that this bill is unnecessary because local agencies
that follow the statutory process ultimately may regulate
water softeners, noting two cities that now regulate water
softeners. The City of Dixon notes that it has received an
immediate cease and desist order and a civil fine that
threatens their entire city, while citizens continue to
dump salt into their sewer. The City of Dixon complains
that the state penalizes cities while preventing local
agencies from having direct control over salt from
softeners. Some opponents suggest that this bill is
"outlawing an industry and denying citizens the right to
improve the quality of their water."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Beall, Berg, Berryhill,
Blakeslee, Brownley, Carter, Coto, Davis, De La Torre, De
Leon, DeSaulnier, Dymally, Eng, Evans, Feuer, Fuentes,
Furutani, Galgiani, Hancock, Hayashi, Hernandez, Huffman,
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Jones, Karnette, Krekorian, Laird, Leno, Levine, Lieber,
Lieu, Ma, Mendoza, Mullin, Nava, Nunez, Parra, Plescia,
Portantino, Price, Ruskin, Salas, Saldana, Smyth,
Solorio, Strickland, Swanson, Torrico, Wolk, Bass
NOES: Adams, Anderson, Benoit, DeVore, Duvall, Gaines,
Garcia, Garrick, Huff, Keene, La Malfa, Maze, Niello,
Sharon Runner, Silva, Spitzer, Tran, Villines, Walters
NO VOTE RECORDED: Caballero, Charles Calderon, Cook,
Emmerson, Fuller, Horton, Houston, Jeffries, Nakanishi,
Soto
TSM:mw 8/6/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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