BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1200
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          Date of Hearing:   April 16, 2013

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                                Anthony Rendon, Chair
                    AB 1200 (Levine) - As Amended:  April 9, 2013
           
          SUBJECT  :   Recycled water: agricultural ponds pilot project

           SUMMARY  :   Requires the San Francisco Bay Regional Water Quality  
          Control Board (SF Regional Board) to authorize a five year pilot  
          project in Sonoma County that would study the effects, if any,  
          of allowing small agricultural irrigation ponds containing  
          recycled water to occasionally overflow during storm events into  
          an area that is already irrigated by recycled water.   
          Specifically,  this bill  :  

          1)Makes findings that include, but are not limited to:  
            acknowledging California's limited and oversubscribed  
            freshwater supplies and the resulting pressure on economic,  
            ecosystem and community needs; the opportunity to meet some of  
            those challenges with recycled water use; and, the State Water  
            Resource Control Board (State Water Board) adoption of a  
            recycled water policy mandating an increase in recycled water  
            use by 200,000 acre- feet per year annually and one million  
            acre-feet by 2020, as compared to 2002 levels.

          2)Recognizes that Sonoma Valley County Sanitation District  
            produces an average of 3.5 million gallons of tertiary  
            recycled water daily, much of which discharges into a  
            tributary to San Pablo Bay, and that this pilot project would  
            help maximize the beneficial use of this recycled water.

          3)Requires, on or before October 1, 2014, that the SF Regional  
            Board authorize a voluntary pilot project designed to measure,  
            analyze, and report water quality data collected upstream and  
            downstream of 3 to 4 small agricultural irrigation  
            impoundments containing recycled water before, during, and  
            after at least five storm events that cause water to overflow  
            and comingle with other surface waters.

          4)Requires agricultural impoundments that are eligible for the  
            pilot project to:

               a)     Pre-exist as of January 1, 2013;
               b)     Hold 200 acre-feet or less of water; and,








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             c)   Be located within an agricultural area already receiving  
               disinfected tertiary recycled water.

          5)Specifies water quality and environmental parameters that must  
            be included in the pilot project study.

          6)Incorporates a ten-person stakeholder advisory group to review  
            and provide input on project design, implementation, and data  
            analysis.  The group is comprised of the following:
             a)   3 representatives from nongovernmental organizations  
               focused on San Francisco Bay region water quality and  
               habitat issues;
               b)     1 representative from a regional agricultural  
                 organization;
               c)     2 private landowners;
               d)     1 representative from the Sonoma Valley Sanitation  
                 District;
               e)     1 representative from the Napa Sanitation District;
               f)     1 representative from the Sonoma County Water  
                 Agency; and,
               g)     1 representative from the SF Regional Board

          7)Requires the pilot project to identify expected costs and  
            secure funding, such as local funds and state bond funds,  
            prior to project implementation.

          8)Requires, within 12 months of final data collection that the  
            data shall be analyzed and a draft report made available for  
            stakeholder advisory group review.  Requires a final report to  
            the SF Regional Board within three months of the release of  
            the draft report.  Specifies the final report shall include  
            consideration of comments made by the stakeholder advisory  
            group.

          9)Repeals authority for the pilot project on January 1, 2018,  
            unless that date is statutorily deleted or extended.

           EXISTING LAW  :

          1)Vests the State Water Board, pursuant to the Porter-Cologne  
            Water Quality Control Act, with authority over State water  
            quality policy.  Also establishes nine Regional Water Quality  
            Control Boards (Regional Boards) to oversee water quality on a  
            day-to-day basis at the local and regional level.









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          2)Requires the Regional Boards or the State Water 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 National Pollutant Discharge  
            Elimination System permits) that 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.  Prohibits waste discharges, under  
            penalty of enforcement, until the Regional Board issues waste  
            discharge requirements or a waiver of the waste discharge  
            requirements.

          3)Defines recycled water as a waste and therefore subject to  
            waste discharge prohibitions and requirements.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   On February 3, 2009, the State Water Board adopted  
          Resolution 2009-0011, creating a state Recycled Water Policy.   
          In adopting the policy the Board referenced its Strategic Plan  
          Update which included "a priority to increase sustainable local  
          water supplies to meet existing and future beneficial uses by  
          1,725,000 acre-feet per year, in excess of 2002 levels, by 2015  
          and ensure adequate water flows for fish and wildlife habitat."   
          The Recycled Water Policy, the Board concluded, supported the  
          Strategic Plan because increasing the "acceptance and promoting  
          the use of recycled water is a means towards achieving  
          sustainable local water supplies" and will "encourage beneficial  
          uses of, rather than solely disposal of, recycled water."









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          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."  Currently, the Sonoma Valley County Sanitation  
          District produces an average of 3.5 million gallons of tertiary  
          recycled water daily, much of which is discharged into a  
          tributary to San Pablo Bay.

           Prior Legislation  :  In 2012, AB 2398 (Heuso/2012) proposed to  
          overhaul and modernize the state's statutes related to recycled  
          water and bring them together under a new Water Code division.   
          AB 2398 was held in the Senate Natural Resources and Water  
          Committee with a commitment to put together a recycled water  
          stakeholder group to explore the potential administrative and  
          statutory barriers to more recycled water use. One issue  
          identified by that group was the need for better technical  
          information to inform state permitting of recycled water  
          projects.

           Supporting Arguments  :  The author states that "farmers in the  
          water-scarce Los Carneros grape-growing region of the Sonoma and  
          Napa Valleys want to store and use high-quality recycled water  
          for irrigation and frost protection but a lack of environmental  
          impact data has resulted in restrictions."  The author states  
          that this bill would authorize a temporary pilot project  
          designed to determine potential impacts resulting from  
          occasional rainy-season run-off from these ponds through a  
          science-based process.  Other supporters state that this bill is  
          "crafted to help address an unfortunate situation in the Sonoma  
          and Napa Valleys where [the local water agency] and our  
          agricultural landowner partners risk being penalized if small  
          irrigation ponds storing high-quality recycled water overflow  
          during a rain event, despite the fact that we currently have  
          water quality permits allowing for discharge, tidal habitat  
          restoration, and agricultural irrigation within the same  
          watershed and using the same [recycled] water."  Supporters add  
          that this fear of penalties has "limited our ability to use our  
          highly-treated recycled water to its greatest potential." 









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           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Sonoma County Water Agency (sponsor)

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Tina Cannon Leahy / W., P. & W. / (916)  
          319-2096