BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1340
Author: La Malfa (R), et al.
Amended: 7/2/12
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 8-0, 3/27/12
AYES: Pavley, La Malfa, Cannella, Fuller, Kehoe, Padilla,
Simitian, Wolk
NO VOTE RECORDED: Evans
SENATE APPROPRIATIONS COMMITTEE : 7-0, 4/30/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SENATE FLOOR : 37-0, 5/14/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Vargas, Walters, Wolk, Wright, Yee
NO VOTE RECORDED: Runner, Strickland, Wyland
ASSEMBLY FLOOR : 79-0, 8/16/12 (Consent) - See last page
for vote
SUBJECT : Appropriation of water: Sewerage Commission
Oroville
SOURCE : Sewerage Commission Oroville Region
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DIGEST : This bill explicitly authorizes the Sewerage
Commission Oroville to apply for a permit from the State
Water Resources Control Board (SWRCB) to appropriate water
in an amount equivalent to its wastewater discharge into
the Feather River.
Assembly Amendments make clarifying and technical changes.
ANALYSIS :
Existing law:
1.Requires the owner of a wastewater treatment plant to
obtain the approval of the SWRCB prior to making any
changes in the point of discharge, place of use, or
purpose of use of treated wastewater, and requires the
SWRCB to review the proposed changes in accordance with
prescribed procedures.
2.Authorizes any municipality, governmental agency, or
political subdivision operating a waste disposal plan t
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.
3.Authorizes the SWRCB 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.
4.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
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purpose.
5.Authorizes the SWRCB 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 explicitly authorizes the Sewerage Commission
Oroville to apply for a permit from the SWRCB to
appropriate water in an amount equivalent to its wastewater
discharge into the Feather River.
Background
Existing law gives the owner of a wastewater treatment
plant the exclusive right to treated wastewater. Last
year, AB 134 (Dickinson), Chapter 212, Statutes of 2011,
gave authorization to the Sacramento Regional County
Sanitation District to apply to the SWRCB for a permit to
divert water from the Sacramento River in an amount equal
to the district's discharge of treated wastewater into the
Sacramento River. Since the passage of AB 134, the
Sacramento Regional County Sanitation District has
submitted its application for an appropriation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, "One-time
costs of $110,000 from the Water Rights Fund (special fund)
in 2013 to conduct a cumulative impact analysis."
SUPPORT : (Verified 8/17/12)
Sewerage Commission Oroville Region (source)
City of Oroville
Lake Oroville Area Public Utility District
Oroville Economic Development Corporation
Sacramento Regional County Sanitation District
Thermalito Water and Sewer District
ARGUMENTS IN SUPPORT : According to the author: "SB
1340 will offer an additional procedural option for
Sewerage Commission Oroville to potentially realize the
benefit of its treated wastewater. It will authorize SCOR
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to file an application with the State Water Board for a
permit to appropriate an amount of water equal to the
amount produced and discharged into the Feather River by
SCOR. The water may then be sold for any beneficial
purpose."
"The appropriation option is important because revenue
from water sales will partially offset cost for
treatment, thus stabilizing costs for ratepayers in
Oroville's chronically depressed local economy, perhaps
providing some stimulus for economic development in the
region."
ASSEMBLY FLOOR : 79-0, 08/16/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Lara
CTW:d 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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