BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 450
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                 AB 450 (De La Torre) - As Amended:  April 21, 2009 

          Policy Committee:                              WPW  Vote:10-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill declares that the use of potable domestic water in oil  
          refineries is a waste or unreasonable use of water if recycled  
          water is available.  Specifically, this bill:

          1)Declares that the use of potable domestic water in oil  
            refineries is a waste or unreasonable use of water if recycled  
            water is available that meets the requirements of the State  
            Water Resources Control Board (SWRCB).

          2)Prohibits oil refineries from using water from any source of  
            quality suitable for potable domestic use for nonpotable uses  
            if recycled water is available that meets the requirements of  
            SWRCB.

          3)States that any use of recycled water in lieu of water  
            suitable for potable domestic use shall 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 an existing water right.

          4)States the Legislature's intent to provide incentives to  
            assist in compliance and that the measure becomes operative in  
            2020.

           FISCAL EFFECT  

          Ongoing annual costs of approximately $200,000 to SWRCB to  
          conduct enforcement proceedings for violations of the terms of  
          this bill.

           COMMENTS  








                                                                  AB 450
                                                                  Page  2


           1)Rationale.   The author notes that refining industry is the  
            largest industrial user of freshwater and that California is  
            home to 21 refineries, mainly in Southern California.  The  
            author contends that assisting the oil companies in reducing  
            their water use would greatly further the state's water  
            recycling goals.  The author acknowledges that, as written,  
            the bill lacks specifics about its implementation.

           2)California's Water Recycling Goals.   Use of recycled water for  
            non-potable purposes, such as landscape irrigation, is an  
            integral part of the state's and several public water systems'  
            efforts to conserve water.  The state has set a goal of one  
            million acre-feet of recycled water in use by 2010, with  
            current use estimated at about 600,000 acre-feet per year.  
            Barriers to achieving the 2010 target include water quality  
            concerns, regulatory impediments, public opposition, and a  
            lack of financing. 

           3)Concerns, but No Opposition.   There is no registered support  
            or opposition to this bill.  However, the Western States  
            Petroleum Association has formally expressed its desire to  
            work with the author to craft solutions to the problems its  
            members face in using recycled water.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081