BILL ANALYSIS
AB 1366
Page 1
ASSEMBLY THIRD READING
AB 1366 (Feuer)
As Introduced February 27, 2009
Majority vote
WATER, PARKS & WILDLIFE 11-2
APPROPRIATIONS 11-4
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|Ayes:|Huffman, Fuller, |Ayes:|De Leon, Ammiano, Davis, |
| |Arambula, | |Krekorian, Hall, John A. |
| |Tom Berryhill, | |Perez, Price, Skinner, |
| |Blumenfield, Caballero, | |Solorio, Audra |
| |Krekorian, | |Strickland, Torlakson |
| |Bonnie Lowenthal, John A. | | |
| |Perez, Salas, Yamada | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Anderson, Fletcher |Nays:|Nielsen, Charles |
| | | |Calderon, Duvall, Harkey |
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SUMMARY : Authorizes local agencies that maintain a community
sewer system to control salinity inputs from residential
self-regenerating water softeners (water softeners), to protect
the quality of the waters of the State, subject to certain
conditions. Specifically, this bill :
1)Applies the bill's authorization to specified hydrologic
regions (i.e., Central coast, South Coast, San Joaquin River,
Tulare Lake) and counties (i.e., Butte, Glenn, Placer,
Sacramento, Solano, Sutter and Yolo).
2)Authorizes any local agency that maintains a community sewer
system affected by a regional board's finding regarding
salinity to control salinity inputs from water softeners.
a) Conditions such authorization for local agency control
on a regional water quality control board finding that
control of residential salinity input will contribute to
achievement of the following water quality objectives:
i) Limits findings to regional boards with jurisdiction
in one of the specified regions;
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ii) Requires regional board to make finding at a public
hearing; and,
iii) Allows regional board finding in conjunction with
specified water quality actions
b) Requires a local agency to hold at least one public
meeting to consider local economic issues and other
community input before controlling such salinity inputs.
3)Identifies, but does not limit, actions to control water
softener salinity inputs. Local agencies may:
a) Require water softeners to be rated at the highest
efficiency commercially available;
b) Require plumbing permits be obtained before installation
of water softeners;
c) Require water softeners be hooked up to hot water only;
d) Require that potassium chloride, instead of sodium
chloride, be used in water softeners, if water quality
conditions warrant;
e) Enact a voluntary "buy back" program for removal of
existing water softeners; and,
f) Require removal of previously installed water softeners.
4)Requires local agencies that decide to remove previously
installed water softeners to compensate customers for the
reasonable value of such removed water softeners.
5)Requires regional board findings to be based on evidence in
the record, and sets standard of judicial review as the same
required for the regional board for the water quality action.
6)Specifies that no local ordinance is required if a regional
board makes the specified finding.
7)Specifies that this section does not limit use of portable
exchange water softening appliances or the authority of a
local public agency to regulate discharge from a centralized
portable exchange tank servicing facility into the community
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sewer system.
8)Declares that this bill is necessary to address elevated
levels of salinity in the specified hydrologic regions,
thereby complying with the California Constitution's
requirement that all laws of a general nature have "uniform
operation."
9)Makes findings regarding water recycling, water softeners and
salinity in water.
EXISTING LAW authorizes use of recycled water under certain
conditions and imposes conditions on local agency limitations on
use of water softeners.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, estimated minor state agency costs, if any.
Department of Finance called these costs "absorbable."
COMMENTS : This bill originated in last year's AB 2270 (Laird),
a recycling bill that the Governor vetoed. The author has
narrowed and amended the bill to address the concerns reflected
in the veto message and new information that has emerged. Those
changes include:
1)Identified regions. Limits authorization to the regions and
counties that the State Water Resources Control Board (SWRCB)
has identified as having significant salinity problems that
threaten surface water bodies and high-use groundwater basins.
2)Public process. Requires local agencies that consider
imposing controls on salinity inputs from water softeners to
hold a public meeting before adopting such controls, and
explicitly allows such agencies to decide not to adopt a water
softener ordinance.
3)Portable exchange water softeners. Bars controls on
residential portable exchange water softeners, which do not
discharge to sewers.
4)No recycling reporting. Deletes requirements for reporting on
recycled water use.
In essence, this bill focuses on what sponsors consider the most
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important legal change ,allowing local control of water softener
salinity inputs where the problem is significant. Unlike
existing law that limits local agency discretion to regulate or
otherwise control salinity inputs into local sewer systems from
water softeners, this bill would give discretion to local
agencies within the identified regions, after its regional water
board determines there is a local problem, to tailor local
controls on the particular problem its community suffers from
salinity inputs, including water softeners.
Salinity problem : AB 1366 addresses a growing concern in many
regions of the state, increasing salinity in the state's rivers
and streams. Salinity discharges, from both urban and
agricultural sources, have received increased attention in
recent years, particularly in the burgeoning Central Valley.
The Central Valley Regional Water Quality Control Board has
reduced allowable urban salt discharges to address this problem,
although saline drainage off the Westside of the San Joaquin
Valley remains a problem. Salinity also arises in the context
of recycling, where higher salinity makes recycling more
difficult. In response to concerns about the state's progress
on recycled water, SWRCB adopted a statewide policy in February
2009, in order to encourage greater use of recycled water. The
SWRCB's policy includes requirements for regional salt
management plans, as increased salt loads in the source water
makes recycling more difficult.
Procedural safeguards : This bill retains and expands the
procedural safeguards from AB 2270. These safeguards require
public meetings and "evidence in the record" before the
specified determinations can be made. Any local agency that
decides to require removal of water softeners must determine and
pay the "reasonable value" of a water softener. This
requirement of compensation for removal of water softeners is
not necessarily required by the United States Constitution's
Fifth Amendment requiring just compensation for government
taking of private property. The compensation requirement in
this bill would be a policy decision of the Legislature that
payment should be made to those who discharge salt to the sewer
system, regardless of whether they have a right to such
compensation. This provision contradicts the more common policy
of "polluter pays," in which the polluter or discharger pays to
reduce and/or clean up the discharge and is not paid with public
funds to stop pollution or discharges.
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Industry opposition : The water softener industry opposes this
bill, as it did AB 2270, arguing that "residential water
softeners are not the major contributor to salinity in
California's wastewater stream" and the bill limits consumer
rights to have water softeners. Last year's veto message made
the same points. These opponents do not explain that there are
alternatives to the self-regenerating water softeners that
discharge significant amount of salts into public waste water.
No one has a "right" to discharge pollutants into the public
domain (sewer or stream). This bill allows local regulation of
salinity inputs where the community has a problem with salinity
discharges. By allowing each agency to make the determination
how to regulate salinity inputs, this bill allows tailored
responses to specific problems facing each community, which may
differ.
Analysis Prepared by : Alf W. Brandt / W., P. & W. / (916)
319-2096
FN: 0000766