BILL ANALYSIS
SB 918
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 918 (Pavley) - As Amended: June 1, 2010
Policy Committee: Environmental
Safety and Toxic Materials Vote: 7-0
Water, Parks and Wildlife 10-2
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill requires the Department of Public Health (DPH) to
adopt criteria for the use of recycled water. Specifically,
this bill:
1)Directs DPH to adopt uniform water recycling criteria, as
follows:
a) for indirect potable reuse for groundwater recharge, by
year's end, 2013.
b) for surface water augmentation in a reservoir used as a
source of drinking water, by year's end, 2016, which DPH
must submit, prior to adoption, to the expert panel
described below.
2)Requires DPH to report to the Legislature, by December 31,
2016, and following public review, on the feasibility of
developing uniform water recycling criteria for direct potable
reuse of recycled water.
3)Requires DPH to convene and administer an expert panel, as
specified, that will
a) advise DPH in development of criteria for surface water
augmentation;
b) determine whether DPH's proposed surface water
augmentation criteria adequately protects public health;
c) advise DPH in its investigation of the feasibility of
developing criteria for direct potable reuse of recycled
water.
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4)Authorizes DPH to appoint an advisory group of representatives
of entities for water supply and water quality, public and
environmental health, environmental justice, and business to
counsel DPH in its development of criteria for direct potable
reuse of recycled water.
5)Authorizes DPH to reimburse panel members and certain group
members for travel expenses.
6)Redirects upon appropriation, from the State Water Resources
Control Board (SWRCB) to DPH, all funds generated from civil
liability for waste discharge violations, from July 1, 2011,
to June 30, 2017, to implement the provisions of the bill.
FISCAL EFFECT
1)Annual costs to DPH ranging from $170,000 to $300,000
(equivalent to a senior engineer fully dedicated to the
project and a manager performing differing amounts of work in
different years) from 2011-12 through 2016-17 to develop
criteria for indirect potable reuse. (Waste Discharge Permit
Fund (WDPF)
2)Annual costs to DPH ranging from $170,000 to $250,000
(equivalent to one senior engineer and one midlevel engineer
providing assistance less than full time) from 2011-12 through
2016-17 to investigate and prepare report on direct potable
reuse. (WDPF)
3)Annual costs to DPH of about $150,000 during 2011-12 and
2012-13 to convene expert panel and provide administrative
support. (WDPF)
4)Annual reduction in fine revenue to SWRCB of an unknown
amount, but likely in the range of approximately $500,000 to
$700,000 (about equal to DPH's annual costs to implement this
bill) from 2011-12 to 2016-17. This reduction results from
the bill's dedication to DPH of civil penalty revenue from
waste discharge violations. Absent this bill, those funds
would be available to the board to clean up and abate water
pollution. (WDPF)
COMMENTS
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1)Rationale . According to the author, California discharges
nearly 4 million acre feet of wastewater into the ocean each
year, much of which could be recycled. The author contends,
such water recycling does not occur because the state has not
adopted uniform safety standards for the potable use of
recycled water, creating uncertainty and thereby discouraging
local communities from tapping into this major water source.
The author intends this bill to provide uniform guidelines
that provide greater certainty around the use of recycled
water for potable use in order to encourage it.
2)Background-Recycled Water . Recycled water is former
wastewater that has been treated to remove pollutants and
pathogens. According to the policy committee analysis, uses
of recycled water can be divided into three categories:
a) Non-potable reuse , such as lawn, crop, or ornamental
plant irrigation and industrial processes. This is the
most common use for recycled water in California.
b) Indirect potable reuse that is later, and after
additional treatment, used to supply a drinking water
system. This use has been practiced in Southern California
since 1962 and has expanded recently. Examples of indirect
potable reuse include groundwater recharge, in which
recycled water typically percolates down to a groundwater
basin, and surface water, in which recycled water is mixed
with other water in a vessel such as a reservoir.
c) Direct potable reuse , meaning the introduction of
recycled water directly into a drinking water system,
without additional dilution or filtration. Direct potable
reuse is not practiced in California or the US. There is
one operational direct potable use system in the world, in
Windhoek, Namibia.
Existing law 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.
3)More Oversight of Progress Needed . The bill dedicates all
funds generated from civil liability for waste discharge
violations, from July 1, 2011, to June 30, 2017, to DPH, upon
appropriation, to implement the provisions of the bill. While
development criteria for use of recycled water may be a
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worthwhile use of these funds, it will nonetheless come at the
expense another worthwhile activity currently funded by these
penalty revenues-clean up and abatement of water pollution.
For this reason, it is important the Legislature be able to
carefully oversee DPH's progress towards development of the
criteria to ensure the funds are put to good and efficient use
and to make adjustments to DPH's appropriation accordingly.
The committee may want to consider amending the bill to
require DPH, in consultation with SWRCB, to report on its
progress towards developing the criteria for recycled water
use as part of the annual budget process.
4)Support . This bill is supported by the Planning and
Conservation League and numerous water districts and local
governments that seek to increase use of recycled water.
5)There is no registered opposition to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081