BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2398
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          Date of Hearing:   April 24, 2012

           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
                                Bob Wieckowski, Chair
                    AB 2398 (Hueso) - As Amended:  April 16, 2012
           
          SUBJECT  :   Recycled Water Discharge Permitting.

           SUMMARY  :   Establishes regulatory authority for the permitting 
          of the discharge of recycled water produced from municipal waste 
          water. 

          Abolishes the existing authority of the State Water Resources 
          Control Board (SWRCB) and Regional Water Quality Control Boards 
          (RWQCBs) under the California Porter Cologne Water Quality Act 
          (Porter-Cologne) to regulate the discharge of treated waste 
          water that is recycled and creates new permitting authority of 
          the SWRCB, RWQCBs the Department of Public Health (DPH) in 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 SWRCB and RWQCBs shall permit recycled water 
          for non-potable uses.  Specifically,  this bill  :

           1) Defines ATPW as wastewater treated with a method at least as 
             effective as membrane filtration, reverse osmosis, advanced 
             oxidation, disinfection and that includes engineered 
             reliability features or other suitable treatment 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 








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             Boards under the existing statutory scheme in the 
             Porter-Cologne.

           4) Allows government agencies to charge fees for permitting and 
             other services required by the SWRCB and the RWQCBs pursuant 
             to the WRA. 

           5) Repeals the Water Recycling in Landscaping Act and 
             integrates specific portions of that Act into Chapter 5, 
             Article 3 of the WRA 

           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 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 








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               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.

           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, which calls for studies 
             to promote the use of reclaimed water, and incorporates it 
             into WRA sections 18110-18111.

           10)Deletes master recycling permits from Porter Cologne and 
             establishes water recycling permits will be issued under the 
             WRA.

           11)Specifies existing permits to use recycled water issued 
             before December 31, 2012, including master permits, will 
             remain valid until expiration or modification.

           12)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.

           13) 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.

           14)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.    








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           15)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.

           16)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.

           17)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 
             rights.

           18)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 funds, upon 
             appropriation by the Legislature, for the purposes of the 
             WRA.

           19)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.
            
           20)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 








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               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.

           21)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 
             water, as specified, is available and requires that the SWRCB 
             or the RWQCB 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 plant life, 
               fish, and wildlife.

           22)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. 
             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.   
             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 








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               and regulations. 

           23)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.

           24)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. 

           25)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 
             necessary standards for use for state landscape irrigation.  
             Thereafter, DOT and DGS must install dual piping ("purple 
             pipe") that meets applicable requirements.  

           26)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. 

           27)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.  

           28)States those 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 








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             supplier.  

           29)Requires the use of separate purple pipe systems for 
             recycled water, with specified exceptions. 

           30)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.

           31)Requires permits for recycled groundwater recharge projects 
             using soil aquifer treated purified water to implement the 
             drinking water criteria adopted by DPH.

           32)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.

           33)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.

           34)Specifies that permits for non-potable 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.

           35)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.

           36)Specifies that the Water Boards shall regulate the filling 








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             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. 

           37)In lieu of issuing water recycling permits for nonpotable 
             reuse to a recycling entity, allows the SWRCB to issue 
             general permits to that entity.  

           38)Specifies that the SWRCB and RWQCBs may issue a recycled 
             water groundwater recharge permit to a recycled water entity, 
             an 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.

           39)Requires recycled water producers, wholesalers, and 
             suppliers of recycled water for non-potable purposes for 
             which uniform water recycling criteria have been established 
             to file a report of intent to recycle water with the 
             appropriate  RWQCB 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 








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               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 sub basin, 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.

           40)Exempts the filing of a report where a producing, 
             manufacturing or processing operation recycles water solely 
             for its own use.

           41) 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.

           42)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.

           43)Specifies that all reports of intent to recycle water and 
             reports of changes are sworn statements submitted under 
             penalty of perjury.  

           44)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.

           45)If the RWQCB 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. 









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           46)Further requires the SWRCB and RWQCBs, 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.

           47)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 fees. Allows the Board to adjust fees periodically, as 
             appropriate, after notice and hearing.  Limits what costs are 
             recoverable through fees. 

           48)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.

           49)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.

           50)Requires immediate notification to the Board, as soon as 
             practicable, for the discharge of 1,000 gallons or more of 
             tertiary recycled water in or on, or projected to be in or 
             on, waters of the state. 

           51)States storm-induced overflow, as defined, is not an 
             unauthorized release.

           52)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. 


           53)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 
                                                     SWRCB and RWQCBs 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.  Does not include strict 
             liability.









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           54)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. 

           55)Allows DPH to order contamination abated if the use of 
             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. 

           56)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.  

           EXISTING LAW  

          1)Pursuant to the Porter -Cologne Act the SWRCB has the ultimate 
            authority over State water rights and water quality policy.  
            The Porter-Cologne also establishes nine Regional Water 
            Quality Control Boards to oversee water quality on a 
            day-to-day basis at the local and regional level.

          2)Requires the RWQCBs or the SWRCB 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) that implement 
            Basin Plan requirements (i.e. water quality standards), taking 
            into consideration beneficial uses to be protected.









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          2)Requires any person proposing to discharge waste within any 
            region to file a report of waste discharge with the 
            appropriate RWQCB.  No discharge may take place until the 
            RWQCB issues waste discharge requirements or a waiver of the 
            waste discharge requirements.

          3)Empowers the SWRCB, under the auspices of the U.S. 
            Environmental Protection Agency, to grant Clean Water Act 
            NPDES permits for certain point-source 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 CEQA, unless 
            otherwise exempt.  
           
           FISCAL EFFECT  :   Not Known

           COMMENTS  :   

           Need For This Bill  .  According to the author "Recycled water is 
          an important component of California's sustainable water future 
          and economic strength.  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.  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". 

          "Current statutes and regulations do not recognize the 
          significant advances in treatment technology that have been made 
          over the past two decades.  Additionally, the current framework 
          establishes multiple recycled water permitting paths and 
          overlapping jurisdictions resulting in confusing, inconsistent 
          and often conflicting requirements.  The disconnect between 
          recycled water science and the regulatory framework coupled with 
          inconsistent regulations results in project delays and added 
          costs as well as public confusion and mistrust."  

           Water Recycling in California  .   According to the California 
          Association of Water Agencies California is among the major 
          players worldwide in water recycling.  There are over 250 water 
          recycling plants currently operating in the state.  According to 








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          the California Department of Water Resources, the state recycles 
          anywhere from 450,000 acre-feet to 580,000 acre-feet of 
          wastewater annually, which is almost three times the amount 
          recycled in 1970.  About two-thirds of the state's recycled 
          water is used for irrigation, with about 46% used for 
          agriculture and another 21% used for landscaping.  About 14% is 
          used for groundwater recharge, while 19% goes to all other uses.  
           
          This bill is an ambitious undertaking that attempts to 
          substantially redraft a complex body of public health and water 
          quality.  AB 2398 would leave the basic water quality planning 
          functions of the Porter-Cologne Act in place, but otherwise 
          seeks to excise water recycling from the Porter-Cologne Act and 
          instead provide for regulation of recycled water in a separate 
          division of the Water Code.  Creating the separate division may 
          not contain the safeguards, processes, and resources provided by 
          the Porter-Cologne act.  There are numerous outstanding issues 
          raised by the bill, some of which may be the result of drafting 
          oversights and many are questions about the change in program 
          operation.  The Committee faces deadlines for action on the 
          Assembly bills that will make comprehensive action very 
          difficult.

          Examples of the outstanding policy issues that may be considered 
          in this bill include:

             1)   Fragmentation of Permitting Authority
             2)   Elimination of Requirement to Implement Water Quality 
               Objectives
             3)   Weakened Water Quality Enforcement Authority
             4)   Limiting Funding for Water Quality Control
             5)   Limiting Funding for Department of Public Health
             6)   Inadequate Enforcement authority for the Department of 
               Public Health

             1)   Fragmentation of Permitting Authority

          Under existing law, recycled water projects are subject to two 
          types of permitting, waste discharge requirements and water 
          recycling requirements, administered by SWRCB.  The requirements 
          of both permitting systems may be combined in a single master 
          recycling permit for a supplier or distributor of recycled 
          water.  In place of the current system, AB 2398 substitutes a 
          system with three different types of permits, issued by 
          different agencies:  (1) permits for advanced treated purified 








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          water, administered by the DPH; (2) permits for tertiary treated 
          recycled water, administered by the SWRCB; and (3) permits for 
          recycled water treated to a lesser level, administered by the 
          SWRCB.  Having different permit systems issued by different 
          agencies increases the risk of duplication and overlap, 
          especially since waste treatment plants will need more than one 
          type of permit.

             2)   Elimination of Requirement to Implement Water Quality 
               Objectives

          AB 2938 sets requirements that implement statewide criteria to 
          protect public health, and may not necessarily include limits 
          adequate to protect other beneficial uses.  Moreover, statewide 
          criteria will not take into account water quality concerns 
          specific to the affected water bodies. 
          Under existing law, water quality objectives (standards) for 
          specific water bodies are set as part of the applicable Basin 
          Plan.  When a discharge has the potential to adversely affect 
          water quality, the RWQCBs issue waste discharge requirements (or 
          master recycling requirements), which are required to implement 
          the applicable Basin Plan.  Under AB 2398, the DPH would be 
          required to consult with the appropriate RWQCB, but the bill 
          does not require the permit to implement the applicable Basin 
          Plan.  Nor does AB 2398 specifically require implementation of 
          the applicable basin plan in permits issued by the SWRCB or 
          RWQCBs.  

             3)   Weakened Water Quality Enforcement Authority

          Under the Porter-Cologne Act, the SWRCB and the RWQCBs have a 
          variety of enforcement tools.  This authority would not apply to 
          the authority over water recycling under AB 2398, but instead 
          would be subject to separate enforcement provisions that are 
          patterned after some of the Porter-Cologne enforcement tools, 
          but omit many of those enforcement tools, and are generally 
          weaker than the enforcement sections of the Porter-Cologne Act.  


             4)   Limiting Funding for Water Quality Control Boards

          The Porter-Cologne Act establishes a fee supported program.  AB 
          2398 exempts water recycling from those fees, and establishes a 
          new fee system to support the SWRCB and RWQCBs activities under 
          the new Division 8 of the Water Code.  But unlike Porter-Cologne 








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          Act fees, these new fees cannot be used to pay for costs of 
          monitoring, modeling and planning, and cannot be used for water 
          quality activities under authority other than Division 8.  

             5)   Limiting Funding for DPH

          AB 2398 includes new fees in proposed Health and Safety Code �� 
          26304 and 26305 to support the new permit program to be 
          administered by the DPH.  Because these sections do not specify 
          that they apply notwithstanding 6103 of the Government Code, 
          these fees will not apply to public agencies.  Since almost all 
          of those who apply for, and obtain, permits from the DPH will be 
          public agencies, the result will be that the DPH's recycled 
          water program will not be adequately funded.  The proposed fees, 
          if they could be collected, would not include the cost 
          associated with groundwater or surface monitoring outside a 
          specific permitted project.    

             6)   Inadequate Enforcement Authority for the DPH

          AB 2398 replaces the existing permitting requirements under the 
          Porter-Cologne Act for those wastewater projects involving the 
          discharge of advanced treated purified water and adds a new 
          section to the Health and Safety Code regulating ATPW.  While 
          the existing Porter Cologne act provides a range of penalties 
          and enforcement procedures for violations of a permit condition 
          AB 2398 fails to provide any enforcement authority for the DPH 
          to respond to permit violations.   

           Dual-Referral  :  This bill was heard by the Assembly Water Parks 
          and Wildlife Committee on April 10, 2012, and passed with a 9 to 
          1 vote.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          BIOCOM
          California Association of Sanitation Agencies
          California Landscape Contractors
          City of Santa Rosa
          Delta Diablo Sanitation District
          Dublin San Ramon Services District
          Eastern Municipal Water District 
          El Dorado Irrigation District








                                                                  AB 2398
                                                                  Page 16

          Irvine Ranch Water District 
          Las Virgenes Municipal Water District
          Mesa Consolidated Water District
          Metropolitan Water District of Southern California
          San Diego County Water Authority
          Sonoma County Water Agency
          Three Valley Municipal Water District
          Town of Winsor
          Upper San Gabriel Valley Municipal Water District
          WateReuse 
          West Basin Municipal Water District
           
          Opposition 
          
          Russian Riverkeeper 
           

          Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916) 
          319-3965