BILL NUMBER: AB 450	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 24, 2009

   An act to  amend Section 13551 of   add
Section 13552.1 to  the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 450, as amended, De La Torre. Recycled  water.
  water: oil refineries. 
   Existing law  declares that the use of potable domestic water
for various nonpotable uses is a waste or an unreasonable use of
water, and  prohibits a person or public agency from using water
from any source of quality suitable for potable domestic use for
 various  nonpotable purposes, including cemeteries, golf
courses, parks, highway landscaped areas, and industrial and
irrigation uses, if suitable recycled water is available.
   This bill would  declare that the use of potable domestic
water for oil refineries is a waste or unreasonable use of water, if
certain requirements are met. The bill would  additionally
 include oil refineries among those nonpotable purposes
  prohibit a person or public agency from using potable
water for oil refinery purposes, if certain requirements are met. The
bill would state that it is the intent of the Legislature to provide
incentives to facilitate compliance with these provisions. These
provisions would become operative on January 1, 2020  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 13552.1 is added to the 
 Water Code   , to read:  
   13552.1.  (a) The Legislature hereby finds and declares that the
use of potable domestic water for oil refineries is a waste or
unreasonable use of water within the meaning of Section 2 of Article
X of the California Constitution if recycled water is available that
meets the requirements set forth in Section 13550, as determined by
the state board after notice and a hearing.
   (b) The state board may require a public agency or person subject
to this section to submit information that the state board determines
may be relevant in making the determination required in subdivision
(a).
   (c) (1) A person or public agency shall not use water from any
source of quality suitable for potable domestic use for nonpotable
uses in the operation of an oil refinery, if suitable recycled water
is available as provided in subdivision (a).
   (2) Notwithstanding paragraph (1), any use of recycled water in
lieu of water suitable for potable domestic use shall, to the extent
of the recycled water used for this purpose, be deemed to constitute
a reasonable beneficial use of that water and the use of recycled
water shall not cause any loss or diminution of any existing water
right.
   (d) It is the intent of the Legislature to enact legislation to
establish incentives to facilitate compliance with this section.
   (e) This section shall become operative on January 1, 2020. 

  SECTION 1.    Section 13551 of the Water Code is
amended to read:
   13551.  (a) A person or public agency, including a state agency,
city, county, city and county, district, or any other political
subdivision of the state, shall not use water from any source of
quality suitable for potable domestic use for nonpotable uses,
including cemeteries, golf courses, parks, highway landscaped areas,
oil refineries, and industrial and irrigation uses if suitable
recycled water is available as provided in Section 13550.
   (b) Notwithstanding subdivision (a), any use of recycled water in
lieu of water suitable for potable domestic use shall, to the extent
of the recycled water so used, be deemed to constitute a reasonable
beneficial use of that water and the use of recycled water shall not
cause any loss or diminution of any existing water right.