SB 1340 Senate Bill

BILL NUMBER: SB 1340	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 20, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator La Malfa
   (Coauthor: Assembly Member Nielsen)

                        FEBRUARY 24, 2012

   An act to add Section 1487 to, and to add and repeal Section 1488
of, the Water Code, relating to water resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1340, as amended, La Malfa. Appropriation of water: Sewerage
Commission Oroville.
   Under existing law, the State Water Resources Control Board (
 state  board) administers a water rights program
pursuant to which the  state  board grants permits
and licenses to appropriate water.
   Existing law requires the owner of a wastewater treatment plant to
obtain the approval of the  state  board prior to
making any changes in the point of discharge, place of use, or
purpose of use of treated wastewater, and requires the  state
 board to review the proposed changes in accordance with
prescribed procedures.
   Existing law authorizes any municipality, governmental agency, or
political subdivision operating a waste disposal plant that
discharges water meeting the requirements of the appropriate regional
board into the San Joaquin River to file an application for a permit
to appropriate an equal amount of water, as adjusted for seepage and
other factors, downstream from the disposal plant and out of the San
Joaquin River or the Sacramento-San Joaquin Delta, which water may
be sold or utilized for any beneficial purpose. Existing law
authorizes the  state  board to grant the permit to
appropriate on such terms and conditions as in the board's judgment
are necessary for the protection of the rights of others. 
   Existing law authorizes the Sacramento Regional County Sanitation
District to discharge treated wastewater meeting the requirements of
the California Regional Water Quality Control Board, Central Valley,
into the Sacramento River, and to file an application for a permit to
appropriate an equal amount of water, as adjusted for seepage and
other factors, downstream from the disposal plant and out of the
Sacramento River or the Sacramento-San Joaquin Delta, which water may
be sold or utilized for any beneficial purpose. Existing law
authorizes the state board to grant the permit to appropriate on such
terms and conditions as in the board's judgment are necessary for
the protection of the rights of others. 
   This bill would authorize the Sewerage Commission Oroville to file
an application for a permit to appropriate a specified amount of
water that is based on the volume of treated wastewater that it
discharges into the Feather River, as specified. The bill would
authorize the  state  board to grant a permit to
appropriate that treated wastewater upon terms and conditions
determined by the  state  board. The bill would
require the board, prior to granting a permit pursuant to these
provisions, to comply with permit, approval, and review requirements
and other laws applicable to the appropriation of water.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Sewerage Commission
Oroville.
   The bill would require the  state  board to
prepare a report  and to submit it to the Legislature by July
1, 2013,  assessing the potential cumulative effects of the
above-described discharge and appropriation provisions on the use of
water rights by current water rights holders, the ability to meet or
exceed instream flow standards in the Sacramento and San Joaquin
Rivers, and the ability to meet or exceed water quality standards in
the Sacramento-San Joaquin Delta and in the Sacramento and San
Joaquin Rivers.  The would bill require the board to post the
report on its Internet Web site and   transmit an electronic
copy of the final report to subject matter committees of the
Legislature by July 1, 2013, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1487 is added to the Water Code, to read:
   1487.  (a) The Sewerage Commission Oroville, and any successor
thereto, with respect to treated wastewater produced by the
sanitation district that meets the requirements of the California
Regional Water Quality Control Board, Central Valley, as may be
amended or modified, and that is discharged into the Feather River,
may file an application with the  State Water Resources
Control Board   board  for a permit to appropriate
an amount of water up to the amount of treated wastewater that the
Sewerage Commission Oroville discharges into the Feather River, less
diminution by seepage, evaporation, transportation, or other natural
causes between the point of discharge from the wastewater treatment
plant and the point of diversion out of the Feather River.
   (b) Upon application for a permit to appropriate water pursuant to
subdivision (a), the  state  board may grant the
permit subject to the terms and conditions as in the board's judgment
are necessary for the protection of the rights of any legal user of
the water.
   (c) Prior to the  state  board granting a permit
under subdivision (b), the board shall comply with Part 2 (commencing
with Section 1200) of Division 2, and other applicable law, and may
impose terms and conditions authorized thereunder.
   (d) Water appropriated in accordance with this section may be sold
or utilized for any beneficial purpose.
  SEC. 2.  Section 1488 is added to the Water Code, to read:
   1488.  (a) The  State Water Resources Control Board
  board  shall prepare a report  to be
submitted to the Legislature  assessing the potential
cumulative effects of the application of this article on the
following:
   (1) The  use   exercise  of water rights
by current water rights holders.
   (2) The ability to meet or exceed instream flow standards for the
Sacramento and San Joaquin Rivers.
   (3) The ability to meet or exceed water quality standards for the
Sacramento and San Joaquin Rivers. 
   (b) The board shall submit its report prepared pursuant to
subdivision (a) to the Legislature by July 1, 2013. 

   (c) (1) The report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
 
   (b) (1) The board shall keep an electronic mailing list of
interested parties. Before issuing a final report prepared pursuant
to subdivision (a), the board shall post a draft of the report on its
Internet Web site and notify all interested parties subscribed to
the electronic mailing list. The board shall accept written comments
on the report for a period of not less than 30 days from the date of
posting.  
   (2)  The board shall post its final report on its Internet Web
site and notify interested parties subscribed to the electronic
mailing list. The board shall transmit an electronic copy of the
final report to the Senate Committee on Natural Resources and Water
and the Assembly Committee on Water, Parks and Wildlife by July 1,
2013.  
   (c)  The report prepared pursuant to subdivision (a) shall not be
considered binding or precedential on any later proceeding before the
board.  
   (2) 
    (d)  Pursuant to Section 10231.5 of the Government Code,
this section is repealed on July 1, 2017.
  SEC. 3.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique problems applicable to the full utilization of
the waters of the Feather River, into which treated wastewater
discharged by the Sewerage Commission Oroville flows.