BILL ANALYSIS
SB 918
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Date of Hearing: June 15, 2010
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Pedro Nava, Chair
SB 918 (Pavley) - As Amended: June 1, 2010
SENATE VOTE: 24-12
SUBJECT: Water recycling standards.
SUMMARY: Requires the State Department of Public Health (DPH)
to establish standards for various types of water recycling.
Specifically, this bill :
1)Requires the DPH to adopt uniform water recycling criteria for
indirect potable use for groundwater recharge, by December 31,
2013.
2)Requires the DPH to adopt uniform water recycling criteria for
surface water augmentation by December 31, 2016. The criteria
for surface water augmentation would be subject to review and
approval by an expert panel on uniform water recycling
criteria for indirect potable reuse through surface water
augmentation convened by the DPH.
i) The expert panel made up of members with specified
expertise; include at least 6 members with following
experts:
(a) Toxicologist
(b) Engineer with at least 3 years of
experience in wastewater treatment
(c) Engineer with at least 3 years experience
in treatment of drinking water supplies and
knowledge of drinking water standards;
(d) Epidemiologist
(e) Microbiologist; and
(f) Chemist
ii) Provides that members of the panel may be
compensated for travel expenses.
iii) Authorizes the DPH to convene an advisory group or
task force on the development of uniform water recycling
criteria for indirect potable reuse through surface water
augmentation that must include at least 9 representatives
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of water agencies, local governments, environmental,
public health, environmental justice and business.
Environmental, environmental justice and non-governmental
public health Member may be compensated for travel
expenses.
iv) Requires that the criteria for indirect potable
reuse through surface water augmentation developed by DHS
shall consider 10 specified sources of information on
water reuse.
3)Requires the Department to investigate and then report to the
Legislature on the feasibility of developing uniform water
recycling criteria for direct potable reuse, by December 31,
2016. The investigation and report to the legislature shall
include a consideration of a 10 specific factors related to
direct potable reuse.
4)The bill authorizes the expenditure from July 1, 2011 until
June 30, 2017 for the implementation of the bill from the
Waste Discharge Permit Fund currently allocated for use by the
State Water Resources Control Board.
EXISTING LAW:
1)Requires DPH to establish uniform statewide recycling criteria
for each type of use of recycled water where the use involves
the protection of public health.
2)Requires funds generated by these civil penalties to be
deposited into the Waste Discharge Permit Fund, to be expended
by the State Water Resources Control Board (SWRCB) upon
appropriation by the Legislature, to assist Regional Water
Quality Control Boards in cleaning up or abating the effects
of waste in waters in the state.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill would result in an annual cost of $171,000
to $226,000 to be paid from the State Water Resources Control
Board Waste Discharge Permit Fund.
COMMENTS:
1)Need for the bill . According to the author, this bill
addresses the need for the increased use of recycled water.
Specifically, the author points out that "California
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discharges nearly 4 million acre feet of wastewater into the
ocean - more than the State Water Project delivers to the Bay
Area, the Central Valley, and Southern California. Much of
that water could be recycled. However, because the state has
not adopted uniform safety standards, the permitting and
design processes for building and operating water recycling
facilities are unpredictable, discouraging local communities
from tapping into this major water source."
2)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 Water Quality Control Boards and
DPH require treatment to remove pollutants that could be
harmful to the beneficial use.
3)State regulation 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.
a) In January 2007, DPH posted a revised draft of the
groundwater recharge regulations on its website and formed
an expanded Groundwater Recharge Regulations Working Group
to discuss and revise the draft regulations. In August
2008, DPH posted a revised draft of the regulations on its
website and asked for public comments to be submitted in
October 2008.
b) In 2009, DPH submitted the draft regulations to DPH's
legal services group for review. Once a final draft has
been prepared based on the legal services input, the
complete regulatory package must be prepared and the formal
regulatory process can begin.
4)Does this bill limit existing DPH authority to establish
recycled water regulations? The existing statute (H&S code
13560) authorizes the DPH to adopt standards for multiple uses
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of recycled water. The provisions of SB 918 provide specific
dates for the completion of new regulations. Both of these
categories will be further limited by this bill by requiring
the approval of an independent technical committee of the
criteria for surface water augmentation and direct potable use
will require a specific investigation and report. The bill
may have the effect of limiting the authority of the DPH to
adopt standards for both recycling criteria for surface water
augmentation and for direct potable reuse.
5)Double-referral to the Assembly Water, Parks and Wildlife
Committee . Should this measure be approved by this Committee,
the do pass motion must include the action to re-refer the
bill to the Assembly Committee on Water, Parks and Wildlife.
REGISTERED SUPPORT / OPPOSITION:
Support:
Planning & Conservation League (Co-Sponsor)
WateReuse (Co-Sponsor)
Association of California Water Agencies
California Association of Sanitation Agencies
California Municipal Utilities Association
California Water Association
City of Roseville
City of San Jose
County Sanitation Districts of Los Angeles County
East Bay Municipal Utility District
Eastern Municipal Water District
Las Virgenes Water District
Irvine Ranch Water District
Metropolitan Water District of Southern California
San Diego Coastkeeper
San Diego County Water Authority
San Gabriel Valley Council of Governments
Sierra Club California
Opposition:
None on file.
Analysis Prepared by: Bob Fredenburg / E.S. & T.M. / (916)
319-3965
SB 918
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