AB 1896, as introduced, V. Manuel Pérez. Coachella Valley Water District: nonpotable water use.
Existing law, the County Water District Law, governs the operations of the Coachella Valley Water District. Existing law prohibits a person or local public agency from using, within the district’s service area, water from any source that is suitable for potable domestic use for nonpotable uses for cemeteries, parks, highway landscaped areas, new industrial facilities, and golf course irrigation if the board of directors of the district determines that suitable nonpotable water is available, as specified, and other requirements are met.
This bill would add the use of potable domestic water for homeowner’s association facilities as a prohibited use if the board of directors of the district determines that suitable nonpotable water is available.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Coachella Valley Water District.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 32601 of the Water Code is amended to
2read:
(a) The Legislature hereby finds and declares that the
4use of potable domestic water for nonpotable uses for cemeteries,
5parks, highway landscaped areas, new industrial facilities,
6begin insert homeowner’s association facilities,end insert and golf course irrigation is a
7waste and an unreasonable use of the water within the meaning of
8Section 2 of Article X of the California Constitution, if nonpotable
9water, including recycled water, is available under all of the
10following conditions as determined by the board, after notice to
11any person or local public agency that may be ordered to use
12nonpotable water or to cease using potable water and a hearing
13held by the board if requested by the person or local
public agency:
14(1) The board determines that the source of nonpotable water
15is of adequate quality for the proposed use and is available for that
16use. In determining adequate quality, the board shall consider all
17relevant factors, including, but not limited to, food and employee
18safety, and level and types of specific constituents in the nonpotable
19water affecting the use, on a user-by-user basis. In addition, the
20board shall consider the effect of the use of nonpotable water in
21lieu of potable water on the generation of hazardous waste and on
22the quality of wastewater discharges subject to permit.
23(2) The board determines that the nonpotable water may be
24furnished for the proposed use at a reasonable cost to the user. In
25determining reasonable cost, the board shall consider all relevant
26factors, including, but not limited to, the present and projected
27costs of supplying,
delivering, and treating potable domestic water
28for the proposed use and the present and projected costs of
29supplying and delivering nonpotable water for that use, and finds
30that the cost of supplying the nonpotable water is comparable to,
31or less than, the cost of supplying potable domestic water.
32(3) The State Department of Public Health determines that the
33use of nonpotable water from the proposed source will not be
34detrimental to public health.
35(4) The California regional water quality control board
36determines that the use of nonpotable water from the proposed
37source will comply with any applicable water quality control plan.
P3 1(5) The board determines that the use of nonpotable water for
2the proposed use will not adversely affect groundwater rights, will
3not degrade water quality, and is determined not to be
injurious to
4plant life, fish, and wildlife.
5(b) In making the determination described in subdivision (a),
6the board shall consider the impact of the cost and quality of the
7nonpotable water on each individual user.
8(c) The board may require a person or public agency to furnish
9information that the board determines to be relevant to making the
10determinations described in subdivision (a).
Section 32602 of the Water Code is amended to read:
Notwithstanding any other provision of law, but subject
13to the other requirements of this part, no person or local public
14agency shall use water within the district’s service area from any
15source that is suitable for potable domestic use for nonpotable uses
16for cemeteries, parks, highway landscaped areas, new industrial
17facilities,begin insert homeowner’s association facilities,end insert and golf course
18irrigation, if the board, in accordance with Section 32601,
19determines that suitable nonpotable water is available.
The Legislature finds and declares that a special law
21is necessary and that a general law cannot be made applicable
22within the meaning of Section 16 of Article IV of the California
23Constitution because of the unique circumstances in the service
24area of the Coachella Valley Water District.
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