BILL ANALYSIS �
AB 2398
Page 1
Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 2398 (Hueso) - As Amended: March 29, 2012
SUBJECT : Water Recycling Act of 2012
SUMMARY : Deletes much of the existing statutory and regulatory
language governing recycled water, and consolidates similar, and
in some cases identical, provisions into a new division of the
Water Code entitled the Water Recycling Act of 2012 (WRA). Adds
new definitions and other new requirements to recycled water
permitting. Specifies that the Department of Public Health (DPH)
shall permit advanced treated purified water (ATPW) for potable
uses and adds a new section to the Health and Safety Code
regulating ATPW. Specifies that the Regional Water Quality
Control Boards (Regional Boards) and State Water Resources
Control Board (State Board) (collectively "Water Boards") shall
permit recycled water for nonpotable uses. Makes technical
conforming changes. Specifically, this bill :
1)Defines ATPW as wastewater treated with a method at least as
effective as membrane filtration, reverse osmosis, advanced
oxidation, or disinfection and that includes engineered
reliability features approved by DPH.
2)Defines "recycled water" as municipal wastewater that is
treated to a disinfected tertiary level or greater, including
ATPW. Creates a regulatory scheme where recycled water is not
deemed a waste discharge, ATPW projects are permitted by DPH,
and recycled water that is not ATPW is permitted by the Water
Boards under the WRA.
3)Specifies all other water reuse besides ATPW and recycled
water shall permitted as a waste discharge by the Water Boards
under the existing statutory scheme in the Porter Cologne
Water Quality Act (Porter-Cologne) (Water Code �� 13000 and
sequence).
4)Allows government agencies to charge fees for permitting and
other services required pursuant to the WRA.
5)Repeals the Water Recycling in Landscaping Act (Government
Code �� 65601 and seq.) and integrates specific portions of
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that Act into Chapter 5, Article 3 of the WRA (��
18120-18123).
6)Amends the Health and Safety Code to:
a) Exempt recycled water that is being used in accordance
with the WRA from classification as a waste discharge.
b) Add recycled water to the existing exemption for waste
discharges permitted by the Water Boards.
c) Declare ATPW, as defined, is being used for groundwater
recharge.
d) Declare that the planned introduction of ATPW into a raw
water (i.e. water for a potable use prior to drinking water
treatment) can help meet the State's recycled water goals
and that rigorous safety review and clear permitting
authority for such uses is needed.
e) Reference the definitions of ATPW, potable reuse, raw
water, raw water augmentation, treated water augmentation,
and uniform drinking water criteria found in the WRA.
f) Specify that recycled water is a source of supply and,
as such, no change to the method of treatment or
distribution can be made unless first authorized by DPH.
Distinguishes recycled water from wastewater that would be
subject to the permitting jurisdiction of the Water Boards.
g) Set out the specific criteria DPH must meet in
permitting a raw water augmentation project ("Augmentation
Project") using recycled water, including an engineering
evaluation, establishment of drinking water criteria under
the WRA, consultation with the Water Boards regarding any
relevant water quality control plan or other applicable
plan or policy, and a public hearing. Allows case-by-case
permitting of Augmentation Projects prior to DPH's
establishment of drinking water criteria but requires DPH
consider current and potential future public health
consequences of the project prior to permitting.
h) Allow DPH to charge fees necessary to recoup regulatory
costs for issuing Augmentation Project permits and requires
those funds be placed in the Augmentation Permit Fund.
i) Require holders of both DPH permits for Augmentation
Projects and Water Board permits for recycled water to pay
an annual fee to DPH to support investigations,
inspections, adjudications of permits, and consultations
between DPH and the Water Boards. Requires annual fees be
placed in the Augmentation Permit Fund.
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7)Repeals the Health and Safety Code requirement that all
recycled water be conveyed via purple pipes and inserts
language regarding the use of purple pipes for recycled water
into WRA section 18140.
8)Makes technical conforming changes to the Public Utilities
Code and Water Code to redefine "reclaimed water" as "recycled
water," and "wastewater recycling" as "water recycling,"
respectively.
9)Repeals the Water Reuse Law of 1974 (Water Code �� 460 and
seq.), which calls for studies to promote the use of reclaimed
water, and incorporates it into WRA sections 18110-18111.
10)Repeals the Groundwater Quality Monitoring Act of 2001 (Water
Code �� 10780), which calls for the creation of a
comprehensive groundwater monitoring program. That program was
created by the State Board in 2000 as the Groundwater Ambient
Monitoring and Assessment Program (GAMA Program).
11)Amends the Water Code, Division 6, Part 2.76 regarding
groundwater quality monitoring to require that:
a) Constituents of emerging concern (CECs) be included in
the State Board's GAMA Program rather than in salt and
nutrient plans.
b) Requires the State Board to integrate existing
monitoring programs and design new program elements in
order to establish comprehensive groundwater monitoring.
Requires the State Board to monitor CECs consistent with
the recommendations of the advisory panel established
pursuant to the State Boards' Recycled Water Policy.
c) Requires the State Board create an interagency task
force (Task Force) to determine what constituents other
than CECs should be monitored. States the Task Force shall
consists of the State Board, the Department of Water
Resources (DWR), DPH, the Department of Pesticide
Regulation, the Department of Toxic Substances Control, and
the Department of Food and Agriculture.
d) Requires the State Board to convene an advisory
committee to the Task Force with two representatives each
from federal agencies opting to participate, public water
systems, environmental organizations, the business
community, agriculture, groundwater management entities;
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and one representative from a local agency managing
groundwater pursuant to an implemented groundwater
management plan.
12)Deletes master recycling permits from Porter Cologne and
establishes water recycling permits will be issued under the
WRA.
13)Specifies existing permits to use recycled water issued
before December 31, 2012, including master permits, will
remain valid until expiration or modification.
14)Deletes chapters 7 ("Water Reclamation"), 7.3 ("Direct and
Indirect Potable Reuse"), and 7.5 ("Water Recycling Act of
1991") from Porter-Cologne and makes conforming changes to
Porter-Cologne to delete references to Chapters 7, 7.3, 7.5,
and recycled water permitting.
15) Amends language regarding the prohibition on waste wells
back in to Porter-Cologne chapter 7, but excludes groundwater
recharge using recycled water from the waste well definition.
16)Amends the Water Code to create the WRA (Division 8, �� 18000
and seq.), which replicates much, but not all, of the language
from deleted Porter-Cologne chapters 7, 7.3, and 7.5 and
consolidates, reorganizes, and revises that language.
17)Makes findings regarding the safety, necessity, societal and
environmental value of using recycled water to help meet
California's future water needs. States water that is
recycled, supplied, stored and used in accordance with the WRA
is not a discharge of waste or sewage or a nuisance, except as
provided in the WRA.
18)Incorporates the State Board's Recycled Water Policy, but
converts it into the numeric goals of recycling 1.5 million
acre-feet of water per year by 2020 and 2.5 million acre-feet
by 2030. States that the relevant public agencies shall use
their authorities to encourage the use of recycled water and
that such use under the WRA counts towards meeting the goals.
19)States that actions authorized pursuant to the WRA shall be
consistent, to the extent applicable, with the federal Clean
Water Act and the federal Safe Drinking Water Act and that
nothing in the WRA shall alter or affect any existing water
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rights.
20)Authorizes the State Board and DPH to adopt regulations to
carry out the act. Allows DPH to accept public or private
funds from any source and to expend those fund, upon
appropriation by the Legislature, for the purposes of the WRA.
21)Requires DPH to establish and maintain uniform water
recycling criteria for each varying type of nonpotable use
where the water use requires protection of public health.
(Modeled on Porter-Cologne �� 13521, 13562(b).)
22)Requires DPH to investigate, develop, maintain appropriate
criteria for, and report to the legislature on, potable reuse
projects, including treated water augmentation and raw water
augmentation, as defined by the WRA.
a) Requires, by December 31, 2013, that DPH to adopt
drinking water criteria for groundwater projects utilizing
recycled water.
b) Requires, by December 31, 2016, that DPH to adopt
drinking water criteria for projects that augment raw water
supplies with ATPW.
c) Requires, by December 31, 2016, that DPH report to the
Legislature on the feasibility of developing drinking water
criteria for direct potable reuse including, but not
limited to, the treatments and technologies necessary to
ensure the protection of public health.
d) Requires that criteria for proposed raw water
augmentation projects and direct potable reuse be submitted
to an expert panel for a review as to whether criteria
adequately protect public health, which is consistent with
existing law.
e) Makes mandatory existing discretionary requirement for
DPH to appoint a task force of stakeholders, including
industry and environmental interests, to advise DPH
regarding the development of drinking water criteria for
potable reuse projects.
f) Models these requirements on Porter-Cologne sections
13560, 13562, 13563, 13566.
23)Declares that the use of potable domestic water for
nonpotable uses including, but not limited to, toilet
flushing, landscape irrigation, cooling towers or air
conditioning devices, is a waste or unreasonable use of water
in accordance with the California Constitution if recycled
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water, as specified, is available. Models these requirements
on Porter-Cologne sections 13550, 13552, and 13553 which state
that a State Board or a Regional Board must determine:
a) Recycled water of adequate specified quality and
comparable cost is available;
b) The use of recycled water from the proposed source will
not be detrimental to the public health and DPH concurs;
and
c) The use recycled water will not adversely affect
downstream water rights, will not degrade water quality,
except in accordance with the applicable water quality
control plan, and will not be injurious to plantlife, fish,
and wildlife.
24)Allows any state, local or public agency, if there will be no
loss or diminution of existing water rights, to require the
use of recycled water for:
a) Residential landscaping if proper irrigations systems
are constructed. (Modeled on Porter-Cologne � 13552.4.)
b) Cooling if the new or retrofitted structure is approved
by DPH to use recycled water and, if there could be public
exposure to mists, mist mitigation or mist control is
provided. (Modeled on Porter-Cologne � 13552.8.)
c) Toilet and urinal flushing, except in a mental facility,
if the public agency has prepared an engineering report, as
specified. For condominiums adds additional requirements
regarding notice and consistency with recycled water laws
and regulations. (Modeled on Porter-Cologne � 13553-4.)
25)Exempts the retrofit of an existing plumbing system to
accommodate the use of recycled water from the California
Environmental Quality Act (CEQA). Models this exemption on
multiple existing statutory and categorical exemptions.
26)Incorporates existing language recognizing the use of sea
water to flush urinals and toilets is corrosive and allows a
state or local public agency, where there is a separate
distribution system for the sea water, to use recycled if it
meets DPH criteria. (Modeled on Porter-Cologne � 13553.1.)
27)Allows a recycled water producer, wholesaler, or supplier
(collectively "recycled water entity") to provide notice to
the Department of Transportation (DOT) and the Department of
General Services (DGS) that, within 10 years , the recycled
water entity will provide recycled water that meets all
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necessary standards for use for state landscape irrigation.
Thereafter, DOT and DGS must install dual piping ("purple
pipe") that meets applicable requirements.
(Modeled on Porter-Cologne � 13555.5.)
28)Requires a local land use agency to adopt a recycled water
ordinance, as specified, if it is notified by a recycled
water entity that recycled water will be provided within the
boundaries of the local land use agency within 10 years.
Requires, if relevant criteria are met, that new industrial,
commercial or residential subdivisions include a separate
plumbing system to apply recycled water to nonpotable uses.
(Modeled on the Water Recycling in Landscaping Act, Government
Code �� 65604-65607.)
29)Allows any local public agency or private company supplying
or storing water, or a mutual water company, to acquire,
store, provide, sell, and deliver recycled water if the water
is used in accordance with the uniform water recycling
criteria and regulations established pursuant to the WRA or
the drinking water criteria developed for ATPW by DPH.
(Modeled on Porter-Cologne 13556.)
30)States that retailer water suppliers shall, and recycled
water producers and wholesalers may assist in, identifying
potential uses for recycled water and potential customers.
Allows cooperation on groundwater replenishment feasibility
studies. Mandates that a recycled water supplier shall
provide recycled water to a requesting customer. Restricts a
customer to receiving recycled water from the local service
area retail water supplier unless otherwise permitted by that
supplier. (Modeled on Porter-Cologne �� 13579, 13580, and
13580.5.)
31)Requires the use of separate purple pipe systems for recycled
water, with specified exceptions. (Modeled on Porter-Cologne
� 13555.3 and Health and Safety Code � 116815.)
32)Specifies that ATPW, other than ATPW blended with recycled
water, shall be regulated by DPH as a source of drinking water
supply in consultation with the Regional Boards and accordance
with the new requirements and procedures added to the Health
and Safety Code by this bill.
33)Requires permits for recycled groundwater recharge projects
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using soil aquifer treated purified water to implement the
drinking water criteria adopted by DPH.
34)Specifies that raw water augmentation projects not subject to
drinking water criteria, and using other than ATPW, shall be
permitted on a case-by-case basis in consultation with DPH.
35)Requires DPH to review reports of intent to recycle water and
make any recommendations for the proposed recycled water
projects to the state board and regional boards as appropriate
for the protection of public health.
36)Specifies that permits for nonpotable use must include
requirements to:
a) Assure compliance with uniform water recycling criteria;
b) Submit an annual report summarizing the recycled water
use;
c) Create a program of oversight and compliance with the
uniform water recycling criteria;
d) Comply with the program described in the permittee's
report of intent to recycle water, and,
e) Implement the DPH recommendations protective of public
health.
(Requirements (a)-(c) above are modeled on Porter-Cologne
�13523.1(b).)
37)Specifies that where water recycling occurs within an area
covered by a municipal separate storm sewer system (MS4)
permit issued pursuant to the federal National Pollutant
Discharge Elimination System (NPDES), the Water Boards shall
regulate incidental runoff as a low threat nonstorm water
discharge under the MS4.
38)Specifies that the Water Boards shall regulate the filling
and storm-induced overflow of nonpotable surface water
augmentation reservoirs and other nonpotable impoundments on a
case-by-case basis as necessary to avoid or minimize adverse
impacts relating to the individual impoundment that are not
addressed by uniform water recycling criteria.
39)In lieu of issuing water recycling permits for nonpotable
reuse to a recycling entity, allows the Water Boards to issue
general permits to that entity.
40)Specifies that the Water Boards may issue a recycled water
groundwater recharge permit to a recycled water entity, an
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entity responsible for groundwater replenishment, or both, for
a project using soil aquifer treated purified water, with or
without ATPW, if that permit implements the recommendations of
DPH to protect public health and includes:
a) Requirements to assure compliance with drinking water
criteria for recycled water groundwater recharge projects,
including source control requirements;
b) Monitoring and reporting in order to demonstrate
compliance with the permit;
c) Technical specifications with regard to buffer zones,
travel times, diluent ratios and groundwater retention
requirements, as recommended by DPH; and,
d) A requirement to comply with the permittee's intent to
recycle water.
41)Requires recycled water producers, wholesalers, and suppliers
of recycled water for nonpotable purposes for which uniform
water recycling criteria have been established to file a
report of intent to recycle water with the appropriate
Regional Board that incorporates:
a) An engineering report which includes, but is not limited
to:
i. information required by DPH in accordance Title 22
of the California Code of Regulations;
ii. methods of treatment;
iii. system installation, operation, maintenance and
emergency backup systems;
iv. recycled water use areas; and,
v. a monitoring and reporting program to demonstrate
compliance with permit terms.
b) An implementation plan for demonstrating that the
recycled water use will not cause the receiving water to
exceed any water quality objective specified for the
receiving water in the applicable water quality control
plan, except a salinity standard in the basin plan. Allows
that where a salt and nutrient management plan is in place
for the basin or subbasin, the implementation plan may
consist of the implementation provisions of that plan.
c) As applicable, the recycled water entity's established
rules or general rules or regulations as approved by DPH
for recycled water entities in accordance with the uniform
water recycling criteria.
42)Exempts the filing of a report where a producing,
manufacturing or processing operation recycles water solely
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for its own use.
43) Requires any person proposing a groundwater recharge project
to file a report of intent to recycle water that includes:
a) An engineering report containing relevant technical
information;
b) An implementation plan demonstrating that the use of
recycled water will not cause the underlying groundwater to
exceed any water quality objective specified in the
applicable water quality control plan, except as allowed
with regard to salinity. Where a salt/nutrient plan is in
place, the implementation plan may consist of the
implementation provisions of the salt/nutrient plan.
44)Mandates that if there is any material change or proposed
change in the character of recycled water or its use, the
recycled water entity must file a report with the appropriate
Regional Board. (Modeled on Porter-Cologne � 13522.5(b).)
45)Specifies that all reports of intent to recycle water and
reports of changes are sworn statements submitted under
penalty of perjury. (Modeled on Porter-Cologne �13522.5(c).)
46)Requires a Regional Board to determine the adequacy of a
report of intent to recycle water within the time frames set
out in the Permit Streamlining Act (PSA)(Government Code
�65920 and seq.) . (Modeled on California Code of Regulations
(CCR), Title 23, � 2205 regarding Regional Board approval of a
waste discharge report under Porter-Cologne.)
47)If the Regional Board fails to act within the statutory
period, allows the applicant to recycle water until the
Regional Board acts to adopt a water recycling permit or
recycled water groundwater recharge permit. (Modeled on CCR,
Title 23, � 2208.)
48)Further requires the Water Boards, in issuing a water
recycling permit, to:
a) Consult with, and receive the recommendations of DPH;
b) Provide notice and a minimum of 30 days to comment; and,
c) Hold a public hearing.
49)Requires a permit filing fee when a report of intent to
recycle water is filed and states the payment of fees may deem
the application complete. Requires the payment of annual
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fees. Allows the Board to adjust fees periodically, as
appropriate, after notice and hearing. Limits what costs are
recoverable through fees. (Modeled on Water Code � 1535(a)
and Porter-Cologne � 13260.)
50) Allows any aggrieved person to petition the State Board to
review any action or failure to act of a Regional Board in the
same manner as provided in Porter-Cologne.
51)Allows any person aggrieved by a decision or order to obtain
review of that decision in superior court in the same manner
as provided in Porter-Cologne.
52)Requires immediate notification to the Board, as soon as
practicable, for the discharge of 50,000 gallons or more of
tertiary recycled water in or on, or projected to be in or on,
waters of the state. (Modeled on Porter-Cologne � 13529.2.)
53)States storm-induced overflow, as defined, is not an
unauthorized release.
54)Establishes the Water Recycling Research Fund. Sets out
fines for the unauthorized release of water. Requires any
fines to be deposited into the Water Recycling Research Fund.
(Modeled on Porter-Cologne � 13267.)
55)Prohibits the use of recycled water without a permit for any
purpose for which uniform water recycling criteria or drinking
water were established. Imposes a misdemeanor fine for each
day the recycled water is distributed. Allows the Regional
Board to impose administrative liability, taking into account
the nature, circumstances, extent and gravity of violations.
Requires fines to be deposited in the Water Recycling Research
Funds. Allows funds to be used for environmentally beneficial
projects (Modeled on Porter-Cologne �� 13323, 13326-8, 13330,
13351, 13524, 13525, and 13550.) Does not include strict
liability.
56)Allows for the issuance of cease and desist orders directly
by the State Board, after notice and hearing. Allows civil
penalties. Requires funds be deposited in the State Water
Pollution Cleanup and Abatement Account. (Modeled on
Porter-Cologne � 13308.)
57)Allows DPH to order contamination abated if the use of
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recycled water contaminates potable supplies. Establishes a
presumption that the use of water in accordance with the
uniform water recycling criteria does not constitute
contamination. (Modeled on Porter-Cologne � 13522.)
58)Allows DWR to assist local agencies and public utilities in
applying for and receiving funding for cost-effective recycled
water projects. Authorizes the State Board to provide loans
for the development of recycled water projects and mandates
added consideration for water quality control facilities
providing optimum water recycling and recycled water use.
(Modeled on Water Code � 465 and Porter-Cologne 13515, 13527.)
EXISTING LAW :
1)Provides the State Board has the ultimate authority over State
water rights and water quality policy under Porter-Cologne.
However, Porter-Cologne also establishes nine Regional Boards
to oversee water quality on a day-to-day basis at the local
and regional level.
2)Requires the Regional Boards, and sometimes the State Board,
to prepare and periodically update Basin Plans (water quality
control plans). Each Basin Plan establishes:
a) Beneficial uses of water designated for each water body
to be protected;
b) Water quality standards, known as water quality
objectives, for both surface water and groundwater; and,
c) The actions necessary to maintain these standards in
order to control point sources (end of pipe discharges)
and non-point sources of pollution to the State's waters.
1)Mandates permits issued to control pollution (i.e.
waste-discharge requirements and NPDES permits) must implement
Basin Plan requirements (i.e. water quality standards), taking
into consideration beneficial uses to be protected.
2)Requires any person proposing to discharge waste within any
region to file a report of waste discharge with the
appropriate Regional Board. No discharge may take place until
the Regional Board issues waste discharge requirements or a
waiver of the waste discharge requirements.
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3)Empowers the Water Boards, under the auspices of the U.S.
Environmental Protection Agency, to grant Clean Water Act
NPDES permits for certain point-source discharges. In
practice, California routinely issues NPDES permits to
selected point-source dischargers and either waste discharge
requirements or conditioned water quality certification for
other discharges.
4)Requires any discretionary decision by a public agency with
the potential for significant impacts of the environment to
undergo environmental review pursuant to the California
Environmental Quality Act (CEQA), unless otherwise exempt.
FISCAL EFFECT : Unknown
COMMENTS : In January 2012 the National Academy of Sciences
(NAS) issued a report entitled: Water Reuse: Potential for
Expanding the Nation's Water Supply Through Reuse of Municipal
Wastewater. In that report the NAS states that approximately 12
billion gallons of municipal wastewater effluent is discharged
each day to an ocean or estuary and that reusing these coastal
discharges could directly augment public supply by 27 percent.
Unlike water that is discharged into a stream and potentially
used by another downstream party, water discharged to the ocean
is considered "irrecoverable."
In California, the 2009 update of the California Water Plan,
also known as "Bulletin 160," projected that 0.9 million to 1.4
million acre-feet of "new water" could be achieved by 2030
through the recycling of municipal wastewater that is currently
discharged into the ocean or saline bays. An acre-foot is enough
water to flood an acre of land a foot deep and supply, on
average, five people for one year. In 2008, the Legislative
Analyst's Office, in California's Water: An LAO Primer, found
that using a "least cost, highest gain" criterion for long-term
water supply options," investing in the long-term solution of
recycled municipal water would be the first funding priority."
This January, the National Water Research Institute (NWRI), in a
white paper entitled Direct Potable Reuse: Benefits for Public
Water Supplies, Agriculture, the Environment, and Energy
Conservation, concluded that treating a significant fraction of
the municipal wastewater now being discharged to the ocean to
drinking water standards and introducing direct potable reuse of
municipal wastewater could stabilize the water supply in
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Southern California by augmenting reduced State Water Project
deliveries and ensuring against water supply interruptions due
to unforeseen events, such as a natural or human-made disasters.
Supporting Arguments : The author of this bill states that
recycled water is an important component of California's
sustainable water future and economic strength and that this
bill "would expand the use of recycled water in California by
improving and streamlining the existing regulatory and
permitting process to reflect current scientific study and
advances in treatment technology." The author concludes that by
"establishing a consistent and appropriate regulatory and
permitting framework for this important alternative water
supply, this bill will help secure California's water supply
reliability and provide the foundation for California's future
economic stability." Supporters state that while many of their
member agencies "participate in recycled water projects, the
projects themselves can be difficult to get off of the ground
because of the complicated and fragmented permitting processes
that currently exist." They believe that "creating a
streamlined process of clear regulations and permits will
encourage local governments to pursue recycled water projects as
a means of local water supply sustainability."
Opposition Arguments : Opponents are concerned that the changing
the definition of waste in this bill to exclude certain types of
recycled water could have negative impacts on the environment
and human health. Opponents question how "tertiary treatment is
differentiated from the most advanced technologies that
supposedly produce 'purified' water in some Southern California
treatment systems" and are concerned that "incidental runoff
will not be reported until 50,000 gallons has been spilled by
each recycler." Opponents state that "100 gallons is the most
that should be considered 'incidental'" and cite to studies on
the negative impacts of low doses of endocrine disrupting
chemicals in water and wastewater.
Why is recycled water no longer called waste in this bill? The
purpose of this bill is to define water recycled to a tertiary
disinfected level or higher as "recycled water" and then
consolidate many of the provisions governing recycled water into
one section with clear permitting processes, while eliminating
redundant and obsolete code sections. If recycled water was
still also called waste, it could create a greater redundancy by
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requiring permitting under the new WRA created by this bill in
addition to, as opposed to instead of, Porter-Cologne.
Unintended consequences? This bill merges much of existing
Porter-Cologne and other statutes into one consolidated recycled
water provision, with some changes and refinements. For
example, the reporting threshold for unauthorized discharges of
disinfected tertiary recycled water is currently 50,000 gallons.
This bill only addresses water treated to a level of
disinfected tertiary or higher, so that standard is unchanged.
However, an unintended consequence of deleting the original
chapter was to remove a reference that required unauthorized
releases of water treated at less than a disinfected tertiary
level to be reported at levels of 1,000 gallons or more. The
author states there is no intention to reduce an existing health
or environmental standard and reports that the reporting
requirement for discharges of 1,000 gallons or more is
maintained elsewhere in Porter-Cologne. Nevertheless, the
author advises he is willing to clarify this and any other
unintended consequence if necessary. In addition, the author
was asked whether language was too broad when it indicated that
"storm-induced overflow is not an unauthorized release." The
author points out that language appears in a section regarding
reporting only and is not meant to indicate such releases are
somehow authorized. The author advises, moving forward, that
language could be added to specify that the statement is only
for the purposes of the reporting section.
Will adequate health, safety, and environmental standards be
maintained? The author believes that processes for the adequate
protection of human health and safety as well as the environment
are maintained in this bill. For example, the bill requires
DPH, who has authority over drinking water standards, to permit
potable uses using ATPW and retains the Water Boards' authority
over permitting all other uses. In response to concerns over
the this bill creating a new process for monitoring of salt and
nutrient plans, etc., the author will be removing sections 14
and 15 and reverting to existing law.
Is the CEQA exemption created under this bill new? The author
has taken a variety of exemptions and exclusions added over the
years with regard to recycled water and tried to merge them into
a single stand-alone exemption advising the intent was not to
expand the exemption but to consolidate. However, upon further
review the author feels that the language in this bill arguably
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expands the CEQA exemption. Moving forward the author intends
to revise the language of the exemption to narrow the scope back
to existing law but, for clarity, amend the provision into CEQA
where other statutory exemptions to CEQA are found.
REGISTERED SUPPORT / OPPOSITION:
Support
Eastern Municipal Water District (Sponsor)
Irvine Ranch Water District (Sponsor)
San Diego County Water Authority (Sponsor)
WateReuse (Sponsor)
BIOCOM
California Association of Sanitation Agencies
Dublin San Ramon Services District
Las Virgenes Municipal Water District
Metropolitan Water District of Southern California
Sonoma County Water Agency
Opposition
Russian River Watershed Protection Committee
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096