BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: AB 2230 HEARING DATE: June 26, 2012
AUTHOR: Gatto URGENCY: No
VERSION: Introduced CONSULTANT: Dennis O'Connor
DUAL REFERRAL: No FISCAL: No
SUBJECT: Recycled Water: Car Washes
BACKGROUND AND EXISTING LAW
The California Constitution prohibits the waste and unreasonable
use of water.
Existing law declares that the use of potable domestic water for
nonpotable uses is a waste and unreasonable use of water if
recycled water of sufficient quality is available at a
reasonable price to the water user.
Moreover, any public agency may require the use of recycled
water, if specified conditions are met, for: residential
landscaping; toilet and urinal flushing; and listed industrial
applications, such as cooling towers and air-conditioning
devices.
Also, any public entity which supplies water at retail or
wholesale may, by ordinance or resolution, adopt and enforce a
water conservation program to reduce the quantity of water used
by those persons for the purpose of conserving the water
supplies of the public entity.
The 2009 water package included SB7X 7 (Steinberg), which, among
other things, established the goal of reducing urban per capita
water use by 20% by 2020. To help achieve that goal, the bill
required the Department of Water Resources (DWR), in conjunction
with the California Urban Water Conservation Council (CUWCC), to
convene a task force to recommend water use efficiency standards
for commercial, industrial, and institutional users among
various sectors of water use. This CII Taskforce is to report
its results to the legislature by April 1, 2012. The final
report has not been released, though a January 6, 2012 draft
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report was produced and is still being revised. DWR expects the
final report will be issued in August.
PROPOSED LAW
This bill would define in-bay and conveyor car washes and
require any commercial in-bay and conveyor car washes
constructed after January 1, 2014 to either:
Have recycling systems that reuse 60% of the wash and rinse
water; or,
Contract to use recycled water for washing and rinsing.
The bill would not apply to a self-service car wash where a
customer washes his or her own car with spray wands and brushes.
The bill would not limit the power of any city, city and county,
or county to require more stringent levels of recycled water use
at a car wash.
ARGUMENTS IN SUPPORT
According to the author, "Water scarcity has long been a concern
for Californians. California is committed to water conservation
and reductions in water use. In 2009, the legislature passed SB
7X 7 (Steinberg) requiring the state to achieve a 20% reduction
in urban per capita water use by 2020. In addition, the Bay
Delta Plan final draft report encourages state-wide water
conservation and water-use efficiency as one of the key means of
reducing reliance on the Delta and protecting our state-wide
water resources. Another benefit of recycling water in conveyer
and in-bay carwashes is the ability to capture harmful chemicals
used in soaps and polishes in runoff water and divert them from
the waste stream, which ultimately runs to the ocean and
pollutes our shores. California has a history of establishing
building practices which set a higher bar for energy and water
efficiency. By setting a minimum level of water reuse for car
washes, we can (1) help save water in a water-intensive
industry, (2) help the state meet its 20% urban per capita water
use reduction goals by 2020, (3) help the state meet its water
conservation goals set forth in the Bay Delta Plan, and (4)
reduce harmful runoff which pollutes our shores."
ARGUMENTS IN OPPOSITION: None received
COMMENTS
How Much Water Might We Save? According to the author's staff,
this bill was inspired by the draft CII Taskforce report, dated
January 6, 2012. According to that draft report, in 2006, the
CUWCC estimated that the total water use for all commercial
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vehicle washes would be approximately 60,000 acre-feet by 2020
based upon the growth rate in dedicated vehicle wash businesses
from the 1997 to 2002 California business census figures. The
CUWCC estimates suggested that a statewide requirement of
reclaim systems in all new conveyor and in-bay automatic vehicle
wash systems has a potential for water savings totaling 22,877
acre-feet per year (AFY) in 2020. Given the estimates were
based on 1997-2002 data, and changes in the economy and water
using practices since the estimates were made, it is not clear
if the estimates of future savings are still valid.
Is This Bill Necessary? Many cities and counties already have
water conservation ordinances that require recirculating systems
on commercial car washes. For example, in June 2008, following
the Governor's proclamation of a statewide drought, Metropolitan
Water District of Southern California (MWD) adopted a Water
Supply Alert Resolution. Among other provisions the Resolution
encouraged cities, counties, local public water agencies, and
retailers to adopt and enforce local water conservation
ordinances. To facilitate ordinance adoption MWD developed a
Model Water Conservation Ordinance.
The Model Ordinance included a section "Permanent Water
Conservation Requirements - Prohibition Against Waste: The
following water conservation requirements are effective at all
times and are permanent. Violations of this section will be
considered waste and an unreasonable use of water." Included
under that section were two subdivisions:
No Installation of Non-re-circulating in Commercial Car Wash
and Laundry Systems: Installation of non-re-circulating water
systems is prohibited in new commercial conveyor car wash and
new commercial laundry systems.
Commercial Car Wash Systems: Within one year of passage of
this ordinance, all commercial conveyor car wash systems must
have installed operational re-circulating water systems, or
must have secured a waiver of this requirement.
The vast majority of MWD member agencies and sub agencies
adopted the MWD model ordinance, or something similar.
Moreover, such ordinances are not just in southern California.
For example Santa Clara County established a Model Ordinance
that is virtually the same as MWD's.
Should This Bill Apply Statewide? That same draft CII Taskforce
Report that suggests a vehicle washing best management practice
(BMP) also cautions "In developing �BMP's] three guiding
principles should be kept in mind.
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1.One size does not fit all - For any given industry, there may
be a dozen potential BMP's. Not all will be applicable. In
many cases establishing one BMP could mean that another will
not be applicable because they will "be saving the same
water."
2.Every facility is unique - Analysis of potential payback is
unique to each facility and situation. Facilities, even in the
same industry, vary in their process, equipment selection and
design. This means that what may work at one vegetable
processing plant may not be applicable at another; what works
in one research laboratory or hotel may not be applicable in
another.
3.The list should be used only as a guide - The intent of the
manufacturing BMP's is to provide a list of possible measures
that plants can adopt for their specific situation."
A New Legislative Direction? With the notable exception of
requiring more efficient plumbing fixtures, to date, the
legislature has chosen not to require or prohibit specific
methods of using water. Instead, the legislature has focused on
ensuring water agencies and municipalities plan appropriately
and strive to achieve certain outcomes, such as the 20 by 2020
requirements. In those instances where specific actions were
deemed necessary, the legislature has directed DWR to develop a
model ordinance that would apply to local agencies, unless the
local agency adopted a more stringent ordinance.
For example, in 2004, the Legislature asked CUWCC to convene a
stakeholder work group to develop recommendations for improving
the efficiency of water use in urban irrigated landscapes. The
legislature then directed DWR to update its model ordinance
based on the recommendations of the CUWCC workgroup.
This bill takes a different tact, by requiring a specific method
of using water for a specific industry. Should this bill become
law, it is likely to trigger introduction of a number of bills
next session proscribing or prohibiting specific methods of
using water for a variety of water users.
Should the Committee decide that it supports the policy
direction of this bill, but prefers to not get into the business
of proscribing or prohibiting specific methods of using water
for different beneficial uses, it might suggest that the author
work with committee staff to develop amendments, to be taken on
the Senate floor, directing DWR to develop a model ordinance for
CII water uses. The down side is that such amendments would
likely trigger the bill to be keyed "fiscal."
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SUGGESTED AMENDMENTS: None
SUPPORT
City of Burbank
City of San Diego
City of Santa Monica
California Municipal Utilities Association
Irvine Ranch Water District
Metropolitan Water District of Southern California
Planning and Conservation League
U.S. Green Building Council California
Water Replenishment District
OPPOSITION
None Received
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