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AB-2398 Water recycling.(2011-2012)

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AB2398:v96#DOCUMENT

Amended  IN  Assembly  May 21, 2012
Amended  IN  Assembly  April 16, 2012
Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2398


Introduced  by  Assembly Member Hueso
(Principal Coauthor(s): Assembly Member Huffman)

February 24, 2012


An act to amend Section 6103.4 of, and to repeal Article 10.9 (commencing with Section 65601) of Chapter 3 of Division 1 of Title 7 of, the Government Code, to amend Sections 28, 5410, 5411, and 5411.5 of, to add Chapter 20 (commencing with Section 26300) to Division 20 of, and to repeal Section 116815 of, the Health and Safety Code, to add Section 21080.43 to the Public Resources Code, to amend Section 1502 of the Public Utilities Code, and to amend Sections 1058.5, 10616.5, 13050, 13167.5, 13260, 13263, and 13271, and 13276 of, to add Sections 13276 and 13277 to, to add Division 8 (commencing with Section 18000) to, to repeal Section 18034 of, to repeal Chapter 6 (commencing with Section 460) of Division 1 of, to repeal Chapter 7.3 (commencing with Section 13560) and Chapter 7.5 (commencing with Section 13575) of, and to repeal and add Chapter 7 (commencing with Section 13500) of Division 7 of, the Water Code, relating to water recycling.


LEGISLATIVE COUNSEL'S DIGEST


AB 2398, as amended, Hueso. Water recycling.
Existing law establishes the State Water Resources Control Board (state board) and the California regional water quality control boards (regional boards) as the principal state agencies with authority over matters relating to water quality. Existing law requires the State Department of Public Health (department) to adopt uniform water recycling criteria for indirect potable water reuse for groundwater recharge, as defined, by December 31, 2013. Existing law requires the department to develop and adopt uniform water recycling criteria for surface water augmentation, as defined, by December 31, 2016, if a specified expert panel convened by the department finds that the criteria would adequately protect public health. Existing law requires the department to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse, as defined, and to provide a final report on that investigation to the Legislature by December 31, 2016. Existing law requires the department, in consultation with the state board, to report to the Legislature from 2011 to 2016, inclusive, as part of the annual budget process, on the progress towards developing and adopting the water recycling criteria for surface water augmentation and its investigation of the feasibility of developing water recycling criteria for direct potable reuse. Existing law requires the state board to enter into an agreement with the department to assist in implementing the water recycling criteria provisions.
This bill would enact the Water Recycling Act of 2012 to revise and consolidate those and other provisions relating to recycled water, and make other conforming changes to existing law. The act would establish a statewide goal to recycle a total of 1.5 million acre-feet of water per year by the year 2020 and 2.5 million acre-feet of water per year by the year 2030. The act would require the state board and regional boards, the department, the Public Utilities Commission, the Department of Water Resources, and other state agencies to exercise the authority and discretion granted to them by the Legislature to encourage the use of recycled water and meet the goals of the act. The act would require the department, on or before December 31, 2013, to adopt drinking water criteria for groundwater recharge projects utilizing recycled water. The bill would require the department, on or before December 31, 2016, to develop and adopt drinking water criteria for the use of advanced treated purified water for raw water augmentation projects not subject to the drinking water criteria for groundwater recharge projects utilizing recycled water. The act would subject those criteria to review by an expert panel convened and administered by the department to advise the department on public health issues and scientific and technical matters. The act would prescribe the types and contents of permits for recycled water to be issued by the state board or a regional board, as appropriate. Because certain reports submitted as part of the permit application process would be submitted under penalty of perjury, this bill would impose a state-mandated local program by creating a new crime. The act would establish the Water Recycling Research Fund and require that certain civil penalties be deposited into the fund, to be expended by the state board, upon appropriation by the Legislature, to conduct or fund research necessary to support the continued and safe use of recycled water in the state.
The bill would also authorize the department to issue permits in accordance with prescribed procedures for raw water augmentation projects to specified entities, and permits for treated water augmentation projects to public water systems and would prohibit the operation of a raw water augmentation project without a permit, as prescribed. The bill would subject permitees permittees to filing and permit fees established by the department. Revenues from those fees would be required to be deposited in the Augmentation Permit Fund, which the bill would create. The money in the fund would be available, upon appropriation by the Legislature, solely for the purposes of the permit program. This bill would permit the department to suspend or revoke a permit after a hearing, as prescribed, would authorize the director of the department to issue certain orders when a person has violated or is violating the provisions of the permit program, and would permit specified judicial review. This bill would permit a duly authorized representative of the department, in order to carry out the purposes of the program, to do prescribed inspections, and would make it a misdemeanor for any person to prevent, interfere with, or attempt to impede in any way the representative.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6103.4 of the Government Code is amended to read:

6103.4.
 Section 6103 does not apply to any fee or charge for official services required by Chapter 20 (commencing with Section 26300) of Division 20 of the Health and Safety Code or Part 5 (commencing with Section 4999) of Division 2, Division 7 (commencing with Section 13000), or Division 8 (commencing with Section 18000), of the Water Code.

SEC. 2.

 Article 10.9 (commencing with Section 65601) of Chapter 3 of Division 1 of Title 7 of the Government Code is repealed.

SEC. 3.

 Section 28 of the Health and Safety Code is amended to read:

28.
 For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as “recycled water” as defined in subdivision (n) of Section 13050 of the Water Code.

SEC. 4.Section 5410 of the Health and Safety Code is amended to read:
5410.

As used in this chapter:

(a) “Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature.

(b) “Person” as used in this article also includes any city, county, district, the state or any department or agency thereof.

(c) “Waters of the state” means any water, surface or underground, including saline waters, within the boundaries of the state.

(d) “Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” shall include any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected.

(e) “Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects: (1) such waters for beneficial uses, or (2) facilities which serve such beneficial uses. “Pollution” may include “contamination.”

(f) “Nuisance” means anything which: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and (2) affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and (3) occurs during, or as a result of, the treatment or disposal of wastes.

(g) “Regional board” means any California regional water quality control board created pursuant to Section 13201 of the Water Code.

SEC. 5.SEC. 4.

 Section 5411 of the Health and Safety Code is amended to read:

5411.
 A person shall not discharge sewage or other waste, or the effluent of treated sewage or other waste, in any manner that will result in contamination, pollution or a nuisance. This section does not apply to the use of recycled water, as defined in Section 18005 of the Water Code, and in accordance with the requirements of the Water Recycling Act of 2012 (Division 8 (commencing with Section 18000) of the Water Code) or the requirements of this division.

SEC. 6.SEC. 5.

 Section 5411.5 of the Health and Safety Code is amended to read:

5411.5.
 (a) Any person who, without regard to intent or negligence, causes or permits any sewage or other waste, or the effluent of treated sewage or other waste to be discharged in or on any waters of the state, or discharged in or deposited where it is, or probably will be, discharged in or on any waters of the state, as soon as that person has knowledge of the discharge, shall immediately notify the local health officer or the director of environmental health of the discharge.
(b) Any person who fails to provide the notice required by this section is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or imprisonment for less than one year, or both the fine and imprisonment.
(c) The notification required by this section shall not apply to a discharge authorized by law and in compliance with waste discharge requirements or other requirements established by the appropriate regional water quality control board or the State Water Resources Control Board.
(d) This section does not apply to the use of recycled water, as defined in Section 18005 of the Water Code, and in accordance with the requirements of the Water Recycling Act of 2012 (Division 8 (commencing with Section 18000) of the Water Code) or the requirements of this division.

SEC. 7.SEC. 6.

 Chapter 20 (commencing with Section 26300) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER  20. Groundwater Aquifer Recharge Advanced Treated Purified Water
Article  1. Findings and Declarations

26300.
 The Legislature finds and declares the following:
(a) Advanced treated purified water is being used to recharge groundwater aquifers in California through direct injection of the aquifer.
(b) Advanced treatment facilities, operated in California, have demonstrated the ability of advanced treated purified water technologies to reliably produce water of a higher quality than most raw surface water sources in California.
(c) If the planned introduction of advanced treated purified water into a raw water supply can be demonstrated to be safe and feasible, its use will significantly aid in achieving the state board’s recycling goals.
(d) Upon completing a rigorous review and public process for determining the safety of utilizing advanced treated purified water for raw water augmentation, clear authority needs to be established for the permitting of such a the project by the department.
(e) The department’s permitting of groundwater recharge projects is not intended to supersede the statutory authority of groundwater management entities to manage, regulate, or restrict the use of groundwater aquifers within their jurisdiction.

(e)

(f) This chapter is not intended to delay, invalidate, or reverse any study or project, or development of regulations by the department regarding the use of recycled water for potable reuse.

Article  2. Definitions

26301.
 As used in this chapter:
(a) “Advanced treated purified water recharge project” means a raw water augmentation project to recharge groundwater utilizing advanced treated purified water.
(b) “Advanced treated purified water,” “potable reuse,” “raw water,” “raw water augmentation,” “treated water augmentation,” and “drinking water criteria” have the same meanings as those terms are defined in Section 18005 of the Water Code.
(c) “Fund” means the Augmentation Permit Fund created by subdivision (d) of Section 26304 26306.

Article  3. Advanced Treated Purified Water as a Source of Supply

26302.
 Advanced treated purified water is a source of supply under Section 116550 and is not a waste under subdivision (d) of Section 13050 of the Water Code or subdivision (a) of Section 5410.

Article  4. Permitting

26303.
 (a) The department may issue a permit for a raw water augmentation project to a producer, wholesaler, or supplier of recycled water, an entity responsible for groundwater replenishment, a public water system, or a combination thereof.

(b)A permit for a treated water augmentation project may be issued to a public water system.

(c)

(b) The department shall not issue a permit or amend a valid existing permit for a raw water augmentation or treated water augmentation project utilizing advanced treated purified water unless the department does all of the following:
(1) Performs an engineering evaluation that evaluates the proposed treatment technology and finds that the proposed technology will ensure that the advanced treated purified water meets the drinking water criteria established pursuant to Section 18031 of the Water Code and poses no significant threat to public health or the beneficial use of receiving waters. The department may require the submission of a preconstruction report for the purpose of determining compliance with the drinking water criteria.
(2) Consults with the state board or regional board regarding the consistency of the project to ensure that the project complies with the applicable water quality control plan and other applicable plans and policies.
(3) Consults with the local government agency with statutory authority for comprehensive water management in the jurisdiction where the project is proposed to be located regarding consistency of the project with that local government agency’s water management objectives.

(3)

(4) Holds at least one duly noticed public hearing in the area where the advanced treated purified water is proposed to be used or supplied for human consumption and receives public testimony on that proposed use. The department shall make available to the public, not less than 30 days prior to the date of the first hearing held pursuant to this subdivision, the evaluations and findings made pursuant to paragraph (1) of subdivision (c). The department shall receive and consider any written comments and public testimony regarding the issuance of the proposed permit.

(d)

(c) (1) Notwithstanding subdivision (a), at any time before the drinking water criteria are adopted pursuant to Section 18031 of the Water Code, if the department, in consultation with the regional board and after a public hearing, finds a proposed raw water augmentation project will not degrade the quality of the receiving water as a source of water supply for domestic purposes, the department may permit the advanced treated purified water project on a case-by-case basis.
(2) If the department makes the finding specified in paragraph (1), the department shall consider current and potential future public health consequences of the controlled recharge before permitting the project.

26304.
 (a) No person shall operate a raw water augmentation project unless that person first submits an application to the department and receives a permit as provided by this chapter. A change in ownership of a raw water augmentation project shall require the submission of a new application and a new permit to operate the raw water augmentation project.
(b) The department may renew, reissue, revise, or amend any raw water augmentation permit whenever the department deems it necessary for the protection of public health, whether or not an application has been filed.

26305.
 No person operating a raw water augmentation project shall modify, add to, or change the method of treatment as authorized by a valid existing permit to operate a raw water augmentation project issued to that person by the department without first submitting an application to the department and receiving an amended permit authorizing the modification, addition, or change in the method of treatment.

Article  5. Fees

26304.26306.
 (a) (1) Each person who applies for a permit in accordance with subdivision (a) or (b) of Section 26303 shall pay a permit filing fee according to a fee schedule established, and periodically adjusted as appropriate, by the department in conformance with this section.
(2) The department shall provide notice and a period of at least 30 days for public comment prior to the adoption or adjustment of any permit filing fee as described in paragraph (1). The notification may be provided by mailing a draft of the proposed permit filing fee to each person who has requested notice of the specific item, or by posting a draft of the proposed fee on the official Internet Web site maintained by the department, and providing notice of that posting by electronic mail to each person who has requested notice.
(3) Any permit filing fee adopted by the department, or adjustments thereto, shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall remain in effect until revised by the department.
(b) A fee charged pursuant to this section shall equal the amount necessary to recoup the regulatory costs incurred by the department in issuing a permit pursuant to subdivision (a) or (b) of Section 26303.
(c) The permit filing fee shall be paid before the department may deem the application for a permit described in subdivision (a) or (b) of Section 26303 to be complete.
(d) The permit filing fees collected pursuant to this section shall be deposited in the Augmentation Permit Fund, which is hereby created. The money in the fund is available for expenditure by the department, upon appropriation by the Legislature, solely for the purposes specified in subdivision (b).

26305.26307.
 (a) (1) Each person who is subject to a permit as described in subdivision (a) or (b) of Section 26303, or a water recycling permit issued by the state board or regional board pursuant to Section 18210 or 18212 of the Water Code, shall submit an annual fee to the department according to a fee schedule established, and periodically adjusted as appropriate, by the department in conformance with this section.
(2) The department shall establish, by regulation, a timetable for payment of the annual fee.
(3) The department shall provide notice and a period of at least 30 days for public comment prior to the adoption or adjustment of any annual fee, as described in paragraph (1), or timetable, as described in paragraph (2). The notification may be provided by mailing a draft of the proposed fee or timetable, as applicable, to each person who has requested notice of the specific item, or by posting a draft of the proposed fee or timetable, as applicable, on the official Internet Web site maintained by the department, and providing notice of that posting by electronic mail to each person who has requested notice.
(4) Any annual fee or timetable adopted by the department, or adjustments thereto, shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall remain in effect until revised by the department.
(b) The total amount of annual fees collected pursuant to this section shall equal that amount necessary to recoup the recoverable costs, as described in subdivision (c) of this section, incident to performing the necessary investigations, inspections, and audits for permits for the use of advanced treated purified water and the administrative enforcement and adjudication of those permits, and consultation with the state board or regional board regarding permits issued by the state board or a regional board pursuant to Section 18210 or 18212 of the Water Code.
(c) Recoverable costs include those costs incurred by the department in reviewing monitoring reports; prescribing permit terms and monitoring requirements; enforcing and evaluating compliance with permits; analyzing laboratory samples; conducting surface water and groundwater monitoring and modeling; reviewing documents prepared for the purpose of regulating permits for the use of advanced treated purified water; and administrative costs incurred in connection with carrying out these actions.
(d) The fees collected pursuant to this section shall be deposited in the Augmentation Permit Fund.

Article  6. Enforcement

26308.
 (a) (1) In accordance with paragraph (2), the department may suspend or revoke any permit issued pursuant to this chapter if the department finds either of the following:
(A) That the permittee is not complying with the permit, this chapter, or any regulation, standard, or order issued or adopted pursuant to this chapter.
(B) That the permittee has made a false statement or representation on any application, record, or report maintained or submitted for purposes of compliance with this chapter.
(2) Prior to suspending or revoking any permit issued pursuant to this chapter, the department shall serve written notice of the potential suspension or revocation of the permit upon the permittee. The permittee shall have 30 days from the receipt of the notice of potential suspension or revocation of the permit to request a hearing. Failure to request a hearing shall not preclude the department from suspending or revoking the permit.
(b) The permittee may file with the superior court a petition for a writ of mandate for review of any decision of the department made pursuant to subdivision (a). Failure to file a petition shall not preclude a party from challenging the reasonableness or validity of a decision of the department in any judicial proceeding to enforce the decision or from pursuing any remedy authorized by this chapter.
(c) The department may temporarily suspend any permit issued pursuant to this chapter prior to any hearing when the action is necessary to prevent an imminent or substantial danger to public health. The permittee shall be served with a notice within 15 days setting forth the allegations supporting the temporary suspension order, the effective date thereof, and establishing a hearing date. The commencement of the hearing shall be as soon as practicable, but not later than 60 days after the effective date of the temporary suspension order, except with the written concurrence of the permittee. The hearing shall deal only with the issue of whether the temporary suspension shall remain in effect until the hearing is completed and the director has made a final determination on the temporary suspension, that in any event shall be made within 15 days after the completion of the hearing. If the determination is not postmarked within 15 days after the hearing is competed, the temporary suspension shall be of no further effect. Dissolution of the temporary suspension does not deprive the department of jurisdiction to proceed with a hearing on the merits to revoke or suspend a permit pursuant to subdivision (a).

26309.
 (a) If the department determines that a permittee is in violation of this chapter or any regulation, permit, standard, citation, or order issued or adopted pursuant to these provisions, the department may issue a citation to the permittee. The citation shall be served upon the permittee personally or by certified mail. Service shall be deemed effective as of the date of personal service or the date of receipt of the certified mail. If a person to whom a citation is directed refuses to accept delivery of the certified mail, the date of service shall be deemed to be the postmark date on the mailing.
(b) Each citation shall be in writing and shall describe the nature of the violation or violations, including a reference to the statutory provision, standard, order, citation, permit, or regulation alleged to have been violated.
(c) A citation may specify a date for elimination or correction of the condition constituting the violation.
(d) A citation may include the assessment of a penalty as specified in subdivision (e).
(e) The department may assess a penalty in an amount not to exceed one thousand dollars ($1,000) per day for each day that a violation occurs. A separate penalty may be assessed for each violation.

26310.
 (a) Whenever the department determines that any person has violated or is violating this chapter, or any permit, regulation, or standard issued or adopted pursuant to this chapter or Article 2 (commencing with Section 18030) of Chapter 4 of Division 8 of the Water Code, the director may issue an order doing any of the following:
(1) Directing immediate compliance.
(2) Directing compliance in accordance with a time schedule set by the department.
(3) In the case of a threatened violation, directing that appropriate preventive action be taken.
(b) An order issued pursuant to this section may include, but shall not be limited to, any or all of the following requirements:
(1) That the existing plant, works, or system be repaired, altered, or added to.
(2) That the water supply, plant, works, or system be monitored.
(3) That a report on the condition and operation of the plant, works, system, or water supply be submitted to the department.

26311.
 (a) Any person who operates a raw water augmentation project without a permit to do so may be enjoined from operating a raw water augmentation project without a permit by any court of competent jurisdiction pursuant to an action by the department.
(b) When the department determines that any person has engaged in or is engaged in any act or practice that constitutes a violation of this chapter, or any regulation, permit, standard, or order issued or adopted thereunder, the department may bring an action in the superior court for an order enjoining the practices or for an order directing compliance.

26312.
 (a) In order to carry out the purposes of this chapter, any duly authorized representative of the department, after notice to the permittee, may, at any reasonable hour of the day, do the following:
(1) Enter and inspect any raw water augmentation system or any place where the raw water augmentation system records are kept.
(2) Inspect and copy any records, reports, test results, or other information required to carry out this chapter.
(3) Set up and maintain monitoring equipment for purposes of assessing compliance with this chapter.
(4) Obtain samples of the water supply.
(5) Photograph any portion of the system, any activity, or any sample taken.
(b) An opportunity shall be provided for a representative of the permittee to accompany the representative of the department during an inspection of the raw water augmentation system.
(c) It shall be a misdemeanor for any person to prevent, interfere with, or attempt to impede in any way any duly authorized representative of the department from undertaking the activities authorized by subdivision (a).

26313.
 If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order pursuant to Section 26315, the Attorney General or the district attorney shall recover the amount for which the person is liable in the superior court. In this action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

26314.
 The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party, and no judgment under this chapter shall preclude any party from obtaining additional relief based upon the same facts.

Article  7. Judicial Review

26315.
 (a) Within 30 days after service of a copy of a permit or order issued by the department, any aggrieved party may file with the superior court a petition for a writ of mandate for review of the permit or order. Failure to file an action shall not preclude a party from challenging the reasonableness and validity of a decision or order of the department in any judicial proceeding brought to enforce the decision or order or for any civil or criminal remedy authorized by this chapter.
(b) The evidence before the court shall consist of all relevant evidence that, in the judgment of the court, should be considered to effectuate and implement the provisions of this chapter. In every case, the court shall exercise its independent judgment on the evidence.
(c) Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section.

SEC. 8.SEC. 7.

 Section 116815 of the Health and Safety Code is repealed.

SEC. 9.SEC. 8.

 Section 21080.43 is added to the Public Resources Code, to read:

21080.43.
 (a) This division does not apply to any project that involves only the repiping, redesign, or use of recycled water for irrigation of residential landscaping, floor trap priming cooling, towers, air-conditioning devices, or toilet and urinal flushing in structures necessary to comply with a requirement prescribed by a public agency under Section 18041, 18042, or 18043 of the Water Code.
(b) The exemption in subdivision (a) does not apply to any project to develop recycled water, to construct conveyance facilities for recycled water, or any other project not specified in subdivision (a).

SEC. 10.SEC. 9.

 Section 1502 of the Public Utilities Code is amended to read:

1502.
 (a) As used in this chapter, “political subdivision” means a county, city and county, city, municipal water district, county water district, irrigation district, public utility district, California water district, or any other public corporation.
(b) As used in this chapter, “service area” means an area served by a privately owned public utility in which the facilities have been dedicated to public use and in which territory the utility is required to render service to the public.
(c) As used in this chapter, “operating system” means an integrated water system for the supply of water to a service area of a privately owned public utility.
(d) As used in this chapter, “private utility” means a privately owned public utility providing a water service.
(e) As used in this chapter, “type of service” means, among other things, domestic, commercial, industrial, fire protection, wholesale, or irrigation service.
(f) As used in this chapter, “reclaimed water” means recycled water as defined in Section 13050 of the Water Code.
(g) As used in this chapter, “private use” means an entity’s use of its own reclaimed water.

SEC. 11.SEC. 10.

 Chapter 6 (commencing with Section 460) of Division 1 of the Water Code is repealed.

SEC. 12.SEC. 11.

 Section 1058.5 of the Water Code is amended to read:

1058.5.
 (a) This section applies to any emergency regulation adopted by the board for which the board makes both of the following findings:
(1) The emergency regulation is adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling, or to promote water conservation.
(2) The emergency regulation is adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by two or more consecutive dry or critically dry years.
(b) Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, any findings of emergency adopted by the board, in connection with the adoption of an emergency regulation to which this section applies, are not subject to review by the Office of Administrative Law.
(c) Any emergency regulation adopted by the board to which this section applies may remain in effect for up to 270 days, as determined by the board, and is deemed repealed immediately upon a finding by the board that due to changed conditions it is no longer necessary for the regulation to remain in effect.

SEC. 13.SEC. 12.

 Section 10616.5 of the Water Code is amended to read:

10616.5.
 “Recycled water” has the same meaning as defined in subdivision (n) of Section 13050.

SEC. 14.SEC. 13.

 Section 13050 of the Water Code is amended to read:

13050.
 As used in this division:
(a) “State board” means the State Water Resources Control Board.
(b) “Regional board” means any California regional water quality control board for a region as specified in Section 13200.
(c) “Person” includes any city, county, district, the state, and the United States, to the extent authorized by federal law.
(d) “Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.
(e) “Waters of the state” means any surface water or groundwater, including saline waters, within the boundaries of the state.
(f) “Beneficial uses” of the waters of the state that may be protected against quality degradation include, but are not limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves.
(g) “Quality of the water” refers to chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of water which affect its use.
(h) “Water quality objectives” means the limits or levels of water quality constituents or characteristics which are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area.
(i) “Water quality control” means the regulation of any activity or factor which may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance.
(j) “Water quality control plan” consists of a designation or establishment for the waters within a specified area of all of the following:
(1) Beneficial uses to be protected.
(2) Water quality objectives.
(3) A program of implementation needed for achieving water quality objectives.
(k) “Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected.
(l) (1) “Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following:
(A) The waters for beneficial uses.
(B) Facilities which serve these beneficial uses.
(2) “Pollution” may include “contamination.”
(m) “Nuisance” means anything which meets all of the following requirements:
(1) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
(2) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
(3) Occurs during, or as a result of, the treatment or disposal of wastes.
(n) “Recycled water” means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource.
(o) “Citizen or domiciliary” of the state includes a foreign corporation having substantial business contacts in the state or which is subject to service of process in this state.
(p) (1) “Hazardous substance” means either of the following:
(A) For discharge to surface waters, any substance determined to be a hazardous substance pursuant to Section 311(b)(2) of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.).
(B) For discharge to groundwater, any substance listed as a hazardous waste or hazardous material pursuant to Section 25140 of the Health and Safety Code, without regard to whether the substance is intended to be used, reused, or discarded, except that “hazardous substance” does not include any substance excluded from Section 311(b)(2) of the Federal Water Pollution Control Act because it is within the scope of Section 311(a)(1) of that act.
(2) “Hazardous substance” does not include any of the following:
(A) Nontoxic, nonflammable, and noncorrosive stormwater runoff drained from underground vaults, chambers, or manholes into gutters or storm sewers.
(B) Any pesticide which is applied for agricultural purposes or is applied in accordance with a cooperative agreement authorized by Section 116180 of the Health and Safety Code, and is not discharged accidentally or for purposes of disposal, the application of which is in compliance with all applicable state and federal laws and regulations.
(C) Any discharge to surface water of a quantity less than a reportable quantity as determined by regulations issued pursuant to Section 311(b)(4) of the Federal Water Pollution Control Act.
(D) Any discharge to land which results, or probably will result, in a discharge to groundwater if the amount of the discharge to land is less than a reportable quantity, as determined by regulations adopted pursuant to Section 13271, for substances listed as hazardous pursuant to Section 25140 of the Health and Safety Code. No discharge shall be deemed a discharge of a reportable quantity until regulations set a reportable quantity for the substance discharged.
(q) (1) “Mining waste” means all solid, semisolid, and liquid waste materials from the extraction, beneficiation, and processing of ores and minerals. Mining waste includes, but is not limited to, soil, waste rock, and overburden, as defined in Section 2732 of the Public Resources Code, and tailings, slag, and other processed waste materials, including cementitious materials that are managed at the cement manufacturing facility where the materials were generated.
(2) For the purposes of this subdivision, “cementitious material” means cement, cement kiln dust, clinker, and clinker dust.

SEC. 15.SEC. 14.

 Section 13167.5 of the Water Code is amended to read:

13167.5.
 (a) The state board or the regional board, as applicable, shall provide notice and a period of at least 30 days for public comment prior to the adoption of any of the following:
(1) Waste discharge requirements prescribed pursuant to Sections Section 13263 or 13377.
(2) An order issued pursuant to Section 13320.
(3) A time schedule order adopted pursuant to Section 13300 that sets forth a schedule of compliance and required actions relating to waste discharge requirements prescribed pursuant to Section 13263 or 13377.
(b) The notification required by subdivision (a) may be provided by mailing a draft of the waste discharge requirements, time schedule order, or order issued pursuant to Section 13320 to each person who has requested notice of the specific item, or by posting a draft of the respective requirements or order on the official Internet Web site maintained by the state board or regional board, and providing notice of that posting by electronic mail to each person who has requested notice.
(c) This section does not require the state board or the regional board to provide more than one notice or more than one public comment period prior to the adoption of waste discharge requirements, a time schedule order, or an order issued pursuant to Section 13320.

SEC. 16.SEC. 15.

 Section 13260 of the Water Code is amended to read:

13260.
 (a) Each of the following persons shall file with the appropriate regional board a report of the discharge, containing the information that may be required by the regional board:
(1) A person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system.
(2) A person who is a citizen, domiciliary, or political agency or entity of this state discharging waste, or proposing to discharge waste, outside the boundaries of the state in a manner that could affect the quality of the waters of the state within any region.
(3) A person operating, or proposing to construct, an injection well.
(b) No report of waste discharge need be filed pursuant to subdivision (a) if the requirement is waived pursuant to Section 13269.
(c) Each person subject to subdivision (a) shall file with the appropriate regional board a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge.
(d) (1) (A) Each person who is subject to subdivision (a) or (c) shall submit an annual fee according to a fee schedule established by the state board.
(B) The total amount of annual fees collected pursuant to this section shall equal that amount necessary to recover costs incurred in connection with the issuance, administration, reviewing, monitoring, and enforcement of waste discharge requirements and waivers of waste discharge requirements.
(C) Recoverable costs may include, but are not limited to, costs incurred in reviewing waste discharge reports, prescribing terms of waste discharge requirements and monitoring requirements, enforcing and evaluating compliance with waste discharge requirements and waiver requirements, conducting surface water and groundwater monitoring and modeling, analyzing laboratory samples, adopting, reviewing, and revising water quality control plans and state policies for water quality control, and reviewing documents prepared for the purpose of regulating the discharge of waste, and administrative costs incurred in connection with carrying out these actions.
(D) In establishing the amount of a fee that may be imposed on a confined animal feeding and holding operation pursuant to this section, including, but not limited to, a dairy farm, the state board shall consider all of the following factors:
(i) The size of the operation.
(ii) Whether the operation has been issued a permit to operate pursuant to Section 1342 of Title 33 of the United States Code.
(iii) Any applicable waste discharge requirement or conditional waiver of a waste discharge requirement.
(iv) The type and amount of discharge from the operation.
(v) The pricing mechanism of the commodity produced.
(vi) Any compliance costs borne by the operation pursuant to state and federal water quality regulations.
(vii) Whether the operation participates in a quality assurance program certified by a regional water quality control board, the state board, or a federal water quality control agency.
(2) (A) Subject to subparagraph (B), the fees collected pursuant to this section shall be deposited in the Waste Discharge Permit Fund, which is hereby created. The money in the fund is available for expenditure by the state board, upon appropriation by the Legislature, solely for the purposes of carrying out this division.
(B) (i) Notwithstanding subparagraph (A), the fees collected pursuant to this section from stormwater dischargers that are subject to a general industrial or construction stormwater permit under the national pollutant discharge elimination system (NPDES) shall be separately accounted for in the Waste Discharge Permit Fund.
(ii) Not less than 50 percent of the money in the Waste Discharge Permit Fund that is separately accounted for pursuant to clause (i) is available, upon appropriation by the Legislature, for expenditure by the regional board with jurisdiction over the permitted industry or construction site that generated the fee to carry out stormwater programs in the region.
(iii) Each regional board that receives money pursuant to clause (ii) shall spend not less than 50 percent of that money solely on stormwater inspection and regulatory compliance issues associated with industrial and construction stormwater programs.
(3) A person who would be required to pay the annual fee prescribed by paragraph (1) for waste discharge requirements applicable to discharges of solid waste, as defined in Section 40191 of the Public Resources Code, at a waste management unit that is also regulated under Division 30 (commencing with Section 40000) of the Public Resources Code, shall be entitled to a waiver of the annual fee for the discharge of solid waste at the waste management unit imposed by paragraph (1) upon verification by the state board of payment of the fee imposed by Section 48000 of the Public Resources Code, and provided that the fee established pursuant to Section 48000 of the Public Resources Code generates revenues sufficient to fund the programs specified in Section 48004 of the Public Resources Code and the amount appropriated by the Legislature for those purposes is not reduced.
(e) Each person that discharges waste in a manner regulated by this section shall pay an annual fee to the state board. The state board shall establish, by regulation, a timetable for the payment of the annual fee. If the state board or a regional board determines that the discharge will not affect, or have the potential to affect, the quality of the waters of the state, all or part of the annual fee shall be refunded.
(f) (1) The state board shall adopt, by emergency regulations, a schedule of fees authorized under subdivision (d). The total revenue collected each year through annual fees shall be set at an amount equal to the revenue levels set forth in the Budget Act for this activity. The state board shall automatically adjust the annual fees each fiscal year to conform with the revenue levels set forth in the Budget Act for this activity. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the revenue levels set forth in the Budget Act, the state board may further adjust the annual fees to compensate for the over and under collection of revenue.
(2) The emergency regulations adopted pursuant to this subdivision, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board.
(g) The state board shall adopt regulations setting forth reasonable time limits within which the regional board shall determine the adequacy of a report of waste discharge submitted under this section.
(h) Each report submitted under this section shall be sworn to, or submitted under penalty of perjury.
(i) The regulations adopted by the state board pursuant to subdivision (f) shall include a provision that annual fees shall not be imposed on those who pay fees under the national pollutant discharge elimination system until the time when those fees are again due, at which time the fees shall become due on an annual basis.
(j) A person operating or proposing to construct an oil, gas, or geothermal injection well subject to paragraph (3) of subdivision (a) shall not be required to pay a fee pursuant to subdivision (d) if the injection well is regulated by the Division of Oil and Gas of the Department of Conservation, in lieu of the appropriate California regional water quality control board, pursuant to the memorandum of understanding, entered into between the state board and the Department of Conservation on May 19, 1988. This subdivision shall remain operative until the memorandum of understanding is revoked by the state board or the Department of Conservation.
(k) In addition to the report required by subdivision (a), before a person discharges mining waste, the person shall first submit both of the following to the regional board:
(1) A report on the physical and chemical characteristics of the waste that could affect its potential to cause pollution or contamination. The report shall include the results of all tests required by regulations adopted by the board, any test adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code for extractable, persistent, and bioaccumulative toxic substances in a waste or other material, and any other tests that the state board or regional board may require, including, but not limited to, tests needed to determine the acid-generating potential of the mining waste or the extent to which hazardous substances may persist in the waste after disposal.
(2) A report that evaluates the potential of the discharge of the mining waste to produce, over the long term, acid mine drainage, the discharge or leaching of heavy metals, or the release of other hazardous substances.

SEC. 17.SEC. 16.

 Section 13263 of the Water Code is amended to read:

13263.
 (a) The regional board, after any necessary hearing, shall prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge, except discharges into a community sewer system, with relation to the conditions existing in the disposal area or receiving waters upon, or into which, the discharge is made or proposed. The requirements shall implement any relevant water quality control plans that have been adopted, and shall take into consideration the beneficial uses to be protected, the water quality objectives reasonably required for that purpose, other waste discharges, the need to prevent nuisance, and the provisions of Section 13241.
(b) A regional board, in prescribing requirements, need not authorize the utilization of the full waste assimilation capacities of the receiving waters.
(c) The requirements may contain a time schedule, subject to revision in the discretion of the board.
(d) The regional board may prescribe requirements although no discharge report has been filed.
(e) Upon application by any affected person, or on its own motion, the regional board may review and revise requirements. All requirements shall be reviewed periodically.
(f) The regional board shall notify in writing the person making or proposing the discharge or the change therein of the discharge requirements to be met. After receipt of the notice, the person so notified shall provide adequate means to meet the requirements.
(g) No discharge of waste into the waters of the state, whether or not the discharge is made pursuant to waste discharge requirements, shall create a vested right to continue the discharge. All discharges of waste into waters of the state are privileges, not rights.
(h) The state board or a regional board may prescribe general waste discharge requirements for a category of discharges if the state board or that regional board finds or determines that all of the following criteria apply to the discharges in that category:
(1) The discharges are produced by the same or similar operations.
(2) The discharges involve the same or similar types of waste.
(3) The discharges require the same or similar treatment standards.
(4) The discharges are more appropriately regulated under general discharge requirements than individual discharge requirements.
(i) The state board, after any necessary hearing, may prescribe waste discharge requirements in accordance with this section.
(j) The use of recycled water, as defined in this division, permitted prior to January 1, 2013, utilizing water recycling requirements, master recycling permits, or waste discharge requirements issued pursuant to this division shall be permitted in accordance with Division 8 (commencing with Section 18000) or Chapter 20 (commencing with Section 26300) of Division 20 of the Health and Safety Code, as applicable, upon expiration or modification of the water recycling requirements, master recycling permits, or waste discharge requirements, or upon agreement by the appropriate regional board and permitted entity, whichever is sooner.
(k) The use of recycled water, as defined in this division, permitted prior to January 1, 2013, utilizing water recycling requirements, master recycling permits, or waste discharge requirements issued pursuant to this division shall be complied with, administered, and enforced in accordance with those water recycling requirements, master recycling permits, or waste discharge requirements issued pursuant to this division.

SEC. 18.SEC. 17.

 Section 13271 of the Water Code is amended to read:

13271.
 (a) (1) Except as provided by subdivision (b), any person who, without regard to intent or negligence, causes or permits any hazardous substance or sewage to be discharged in or on any waters of the state, or discharged or deposited where it is, or probably will be, discharged in or on any waters of the state, shall, as soon as (A) that person has knowledge of the discharge, (B) notification is possible, and (C) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the California Emergency Management Agency of the discharge in accordance with the spill reporting provision of the state toxic disaster contingency plan adopted pursuant to Article 3.7 (commencing with Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the Government Code.
(2) The California Emergency Management Agency shall immediately notify the appropriate regional board, the local health officer, and the director of environmental health of the discharge. The regional board shall notify the state board as appropriate.
(3) Upon receiving notification of a discharge pursuant to this section, the local health officer and the director of environmental health shall immediately determine whether notification of the public is required to safeguard public health and safety. If so, the local health officer and the director of environmental health shall immediately notify the public of the discharge by posting notices or other appropriate means. The notification shall describe measures to be taken by the public to protect the public health.
(b) The notification required by this section shall not apply to a discharge in compliance with waste discharge requirements or other provisions of this division.
(c) Any person who fails to provide the notice required by this section is guilty of a misdemeanor and shall be punished by a fine of not more than twenty thousand dollars ($20,000) or imprisonment in a county jail for not more than one year, or both. Except where a discharge to the waters of this state would have occurred but for cleanup or emergency response by a public agency, this subdivision shall not apply to any discharge to land which does not result in a discharge to the waters of this state.
(d) Notification received pursuant to this section or information obtained by use of that notification shall not be used against any person providing the notification in any criminal case, except in a prosecution for perjury or giving a false statement.
(e) For substances listed as hazardous wastes or hazardous material pursuant to Section 25140 of the Health and Safety Code, the state board, in consultation with the Department of Toxic Substances Control, shall by regulation establish reportable quantities for purposes of this section. The regulations shall be based on what quantities should be reported because they may pose a risk to public health or the environment if discharged to groundwater or surface water. Regulations need not set reportable quantities on all listed substances at the same time. Regulations establishing reportable quantities shall not supersede waste discharge requirements or water quality objectives adopted pursuant to this division, and shall not supersede or affect in any way the list, criteria, and guidelines for the identification of hazardous wastes and extremely hazardous wastes adopted by the Department of Toxic Substances Control pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. The regulations of the Environmental Protection Agency for reportable quantities of hazardous substances for purposes of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.) shall be in effect for purposes of the enforcement of this section until the time that the regulations required by this subdivision are adopted.
(f) (1) The state board shall adopt regulations establishing reportable quantities of sewage for purposes of this section. The regulations shall be based on the quantities that should be reported because they may pose a risk to public health or the environment if discharged to groundwater or surface water. Regulations establishing reportable quantities shall not supersede waste discharge requirements or water quality objectives adopted pursuant to this division. For purposes of this section, “sewage” means the effluent of a municipal wastewater treatment plant or a private utility wastewater treatment plant, as those terms are defined in Section 13625, except that sewage does not include recycled water, as defined in Section 13050 or 18005.
(2) A collection system owner or operator, as defined in paragraph (1) of subdivision (a) of Section 13193, in addition to the reporting requirements set forth in this section, shall submit a report pursuant to subdivision (c) of Section 13193.
(g) Except as otherwise provided in this section and Section 8589.7 of the Government Code, a notification made pursuant to this section shall satisfy any immediate notification requirement contained in any permit issued by a permitting agency. When notifying the California Emergency Management Agency, the person shall include all of the notification information required in the permit.
(h) For the purposes of this section, the reportable quantity for perchlorate shall be 10 pounds or more by discharge to the receiving waters, unless a more restrictive reporting standard for a particular body of water is adopted pursuant to subdivision (e).
(i) Notification under this section does not nullify a person’s responsibility to notify the local health officer or the director of environmental health pursuant to Section 5411.5 of the Health and Safety Code.

SEC. 19.SEC. 18.

 Section 13276 is added to the Water Code, to read:

13276.
 (a) Any person who, without regard to intent or negligence, causes or permits an unauthorized discharge of 1,000 gallons or more of recycled water, as defined in subdivision (c), in or on any waters of the state, or causes or permits an unauthorized discharge to be discharged where it is, or probably will be, discharged in or on any waters of the state, as soon as (1) that person has knowledge of the discharge, (2) notification is possible, and (3) notification can be provided without substantially impeding cleanup or other emergency measures, shall immediately notify the appropriate regional board.
(b) For the purposes of this section, an unauthorized discharge means a discharge not authorized by waste discharge requirements pursuant to Article 4 (commencing with Section 13260), or water reclamation requirements, or a master reclamation permit issued pursuant to this division.
(c) For purposes of this section, “recycled water” means “recycled water,” as defined in subdivision (n) of Section 13050, which is treated at a level less than “disinfected tertiary recycled water,” as defined or described by the State Department of Public Health.
(d) The requirements in this section supplement, and shall not supplant, any other provision of law.

SEC. 19.

 Section 13277 is added to the Water Code, to read:

13277.
 (a) Any person refusing or failing to provide the notice required by Section 13276 or as required by a condition of waste discharge requirements requiring notification of unauthorized releases of recycled water, as defined in subdivision (c) of Section 13276, may be subject to administrative civil liability in an amount not to exceed the following:
(1) For the first violation, or a subsequent violation occurring more than 365 days from a previous violation, five thousand dollars ($5,000).
(2) For a second violation occurring within 365 days of a previous violation, ten thousand dollars ($10,000).
(3) For a third or subsequent violation occurring within 365 days of a previous violation, twenty-five thousand dollars ($25,000).
(b) The penalties in this section supplement, and shall not supplant, any other provision of law.

SEC. 20.

 Chapter 7 (commencing with Section 13500) of Division 7 of the Water Code is repealed.

SEC. 21.

 Chapter 7 (commencing with Section 13500) is added to Division 7 of the Water Code, to read:
CHAPTER  7. Waste Wells

13500.
 (a) A person shall not construct, maintain, or use any waste well extending to or into a subterranean water-bearing stratum that is used or intended to be used as, or is suitable for, a source of water supply for domestic purposes.
(b) (1) As used in this chapter, “waste well” includes any hole dug or drilled into the ground, used, or intended to be used for the disposal of waste.
(2) As used in this chapter, “waste” does not include water treated for public consumption by a public water system under a permit issued pursuant to Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code. This paragraph shall not be construed to preempt the adoption or exercise by a public water system of any ordinance that imposes or implements standards for protecting groundwater quality in the receiving aquifer.

SEC. 22.

 Chapter 7.3 (commencing with Section 13560) of Division 7 of the Water Code is repealed.

SEC. 23.

 Chapter 7.5 (commencing with Section 13575) of Division 7 of the Water Code is repealed.

SEC. 24.

 Division 8 (commencing with Section 18000) is added to the Water Code, to read:

DIVISION 8. Water Recycling

CHAPTER  1. General
Article  1. Short Title

18000.
 This division shall be known and may be cited as the Water Recycling Act of 2012.

Article  2. Findings and Declarations

18001.
 The Legislature hereby finds and declares all of the following:
(a) The State of California is subject to periodic drought conditions, and the development of traditional water resources in California has not kept pace with the state’s growing population.
(b) The people of the state have a primary interest in the development of new basic water supplies, as that term is used in Chapter 5 (commencing with Section 12880) of Part 6 of Division 6, including maximizing recycled water use to supplement existing water supplies and to minimize the impacts of growing demand for new water on sensitive natural water bodies. As such, the state is to encourage development of water recycling facilities so that recycled water may be made available to help meet the water requirements of the state.
(c) Recycled water has been proven to be a safe, cost-effective, and reliable method of helping to meet California’s water supply needs.
(d) A substantial portion of the future water requirements of this state may be economically met by the beneficial use of recycled water. Recycled water is a key and necessary component for California’s long-term reliable water supply, and complements demand management, improvements in efficiency, and supply augmentation strategies.
(e) The benefits of using recycled water include, but are not limited to, a reduced demand for water in the Sacramento-San Joaquin Delta that is otherwise needed to maintain water quality and support regional economies of the state; reduced discharges of waste into inland surface waters and the ocean; the enhancement and protection of groundwater basins, recreation, fisheries, wetlands, and riparian areas; a reduction in greenhouse gas emissions; the protection of investments in agriculture, greenbelts, and recreation; the provision of jobs; and enhancement of the state’s economy through the development and implementation of recycled water projects.
(f) In accordance with Section 2 of Article X of the California Constitution, in order to put the water resources of the state to beneficial use to the fullest extent of which they are capable, the use of potable water or raw water from a natural stream or water course in this state is unreasonable and a waste of such water where recycled water is reasonably available in accordance with this division for the beneficial use to be served. Any use of recycled water in lieu of water suitable for potable domestic use is, to the extent of the recycled water so used, deemed to constitute a reasonable beneficial use of water, and the use of recycled water shall not cause any loss or diminution of any existing water right.
(g) The State Department of Public Health establishes uniform water recycling criteria for each varying type of use of recycled water where the use involves the protection of public health.
(h) Recycled water can be produced using different levels of treatment, as necessary and appropriate for the beneficial use to be made, and for the protection of public health and the environment.
(i) The use of recycled water in accordance with this division is presumed not to have adverse impacts on public health, the environment, or on the protection of beneficial uses, and to meet applicable water quality objectives in the basin plans adopted by the state board and regional boards.
(j) The impoundment of recycled water can augment surface storage capability, thereby increasing the quantity of recycled water that can be applied to beneficial uses, and can also reduce the unnecessary use of potable water to fill impoundments.
(k) It is the intent of the Legislature that the provisions of this division shall be construed to encourage the development by local public agencies and water suppliers of recycled water and its potential for use as a water source consistent with the goals of Chapter 3 (commencing with Section 10608) of Part 2.55 of Division 6.
(l) It is the intent of the Legislature to establish a clear statutory framework for the permitting and regulation of recycled water. This division shall fully cover the requirements, permitting, and enforcement applicable to recycled water other than advanced treated purified water. Advanced treated purified water, as defined in this division, shall be permitted as a source of supply in accordance with Sections 26302 and 26303 of the Health and Safety Code.
(m) The recycling of water, the supply, storage, or use of recycled water in accordance with the requirements of this division shall not be considered a discharge of waste or sewage for purposes of Section 13264 or 13271, or a nuisance, as defined in subdivision (m) of Section 13050.

Article  3. Definitions

18005.
 As used in this division:
(a) “Advanced treated purified water” means water of wastewater origin treated with a treatment method at least as effective as membrane filtration, reverse osmosis, advanced oxidation, disinfection, and engineered reliability features or other suitable treatment as approved by the State Department of Public Health.
(b) “Advanced treated purified water recharge project” means a raw water augmentation project to recharge groundwater using surface application or direct injection of advanced treated purified water.
(c) “Customer” means a person or entity that purchases water from a retail water supplier.
(d) “Designated recycled water use area” means an area within the boundaries of the local agency that can, or may, in the future be served with recycled water in lieu of potable or raw water, including groundwater, and is so designated by the local agency.
(e) “Drinking water criteria” means the standards promulgated by the State Department of Public Health specifying the maximum levels of constituents in soil aquifer treated purified water and advanced treated purified water used for potable reuse together with means for reliably treating the recycled water, which, in the judgment of the State Department of Public Health, will result in drinking water that is safe for the uses to be made.
(f) “Entity responsible for groundwater replenishment” means any person or entity authorized by statute or court order to manage a groundwater basin and acquire water for groundwater replenishment.
(g) “Groundwater recharge” means the augmentation of groundwater, by natural or artificial means, with surface water or recycled water.
(h) “Impoundment” means a facility in which recycled water is stored or used for aesthetic enjoyment or landscape irrigation, or which otherwise serves a similar function, and is not intended to be used as part of a potable water supply that is not advanced treated purified water is stored for aesthetic enjoyment or subsequent use.
(i) “Incidental runoff” means unintended minor amounts of runoff from recycled water use areas, such as unintended, minimal overspray from sprinklers that escapes the designated recycled water use area.
(j) “Land use agency” means any city, county, or city and county.
(k) “Local public agency” means a city, county, city and county, district, or any other political subdivision of the state.
(l) “Nonpotable reuse” means the planned treatment of wastewater to a quality suitable for nonpotable purposes.
(m) “Person” includes any individual, corporation, partnership, association, city, county, district, the state, and the United States, to the extent authorized by federal law.
(n) “Potable reuse” means the planned treatment of wastewater through multiple barriers, which may include engineered treatment processes or natural treatment barriers, to reliably produce a potable water supply.
(o) “Potable water” means water that is satisfactory for drinking, culinary, and domestic purposes and meets the requirements of the health authority having jurisdiction.
(p) “Raw water” means surface water or groundwater in its naturally occurring state, prior to treatment.
(q) “Raw water augmentation” means the planned introduction of recycled water into any raw water or raw water conveyance facility, treatment facility, or storage reservoir.
(r) (1) “Recycled water” means water produced by the treatment of municipal wastewater in accordance with applicable requirements, that is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource. For purposes of this division, recycled water includes the following:
(A) “Soil aquifer treated purified water” and “advanced treated purified water,” as defined in this section.
(B) Wastewater treated as “disinfected tertiary recycled water,” as defined or described by the State Department of Public Health.
(C) Wastewater receiving advanced treatment beyond disinfected tertiary recycled water but that is not advanced treated or soil aquifer treated purified water as defined in this section.
(2) “Recycled water” as defined in this section shall not be considered “waste” as defined in subdivision (d) of Section 13050, “waste” as defined in subdivision (a) of Section 5410 of the Health and Safety Code, or “sewage” or the “effluent of treated sewage or other waste” as used in Section 5411 of the Health and Safety Code.
(s) “Recycled water groundwater recharge project” means groundwater recharge utilizing surface application of recycled water that is not advanced treated purified water.
(t) “Recycled water producer” means any local public or private entity that produces recycled water in accordance with this division.
(u) “Recycled water wholesaler” means any local public entity that distributes recycled water to retail water suppliers and that has constructed, or is constructing, a recycled water distribution system.
(v) “Regional board” means any California regional water quality control board for a region, as specified in Section 13200.
(w) “Retail water supplier” means any local entity, including a public agency, city, county, or private water company that provides retail water service.
(x) “Soil aquifer treated purified water” means wastewater treated as “disinfected tertiary recycled water,” as defined or described by the State Department of Public Health, that has also undergone treatment underground.
(y) “State board” means the State Water Resources Control Board.
(z) “Storm-induced overflow” means the displacement of water from a nonpotable an impoundment containing recycled water by the inflow of rainwater or stormwater runoff. Overflow is not considered storm induced if it is due to intentional release or due to failure to cease the placement of recycled water into the impoundment during a storm or while inflow from a storm is continuing.
(aa) “Structure” or “structures” means commercial, retail, and office buildings, theaters, auditoriums, condominium projects, schools, hotels, apartments, barracks, dormitories, jails, prisons and reformatories, and other structures as determined by the State Department of Public Health.
(ab) “Treated water augmentation” means the planned introduction of recycled water into potable water.
(ac) “Uniform water recycling criteria” or “recycling criteria” means the standards promulgated by the State Department of Public Health for levels of constituents in recycled water, together with means for reliably treating the recycled water, which will result in recycled water that is safe for the uses to be made.
(ad) “Wastewater” means water that has been used for domestic, commercial, industrial, or other purposes and discarded through a pipe or other conveyance to a treatment works. For purposes of this division, wastewater does not include water that has been used solely for industrial purposes before being discarded.
(ae) “Waters of the state” means any surface water or groundwater, including saline waters, within the boundaries of the state.

CHAPTER  2. Recycling Goals

18010.
 (a) This division establishes a statewide goal to recycle a total of 1.5 million acre-feet of water per year by 2020 and 2.5 million acre-feet of water per year by 2030.
(b) The state board and regional boards, the State Department of Public Health, the Public Utilities Commission, the department, and other state agencies shall exercise the authority and discretion granted to them by the Legislature to encourage the use of recycled water and meet the goals established in subdivision (a).
(c) The use of recycled water in accordance with this division or Chapter 20 (commencing with Section 26300) of Division 20 of the Health and Safety Code, and the use of recycled water as defined in subdivision (n) of Section 13050, shall count toward meeting the water recycling goals established in subdivision (a).

CHAPTER  3. General Provisions

18015.
 (a) An action authorized pursuant to this division shall be consistent, to the extent applicable, with the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) and the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.).
(b) Nothing in this division is intended to alter or affect any existing water rights or the water management authority of any local government agency with statutory authority to comprehensively manage waters for beneficial uses within its respective jurisdiction.

18016.
 The state board and the State Department of Public Health may each adopt regulations to carry out their powers and duties under this division. Any regulations adopted shall be consistent with this division, including achievement of the water recycling goals set forth in Section 18010.

18017.
 The State Department of Public Health may accept public or private funds from any source, and may expend these funds, upon appropriation by the Legislature, for the purposes of this division.

CHAPTER  4. Uses of Recycled Water
Article  1. Uniform Water Recycling Criteria for Nonpotable Uses

18020.
 (a) The State Department of Public Health shall establish and maintain uniform water recycling criteria for each varying type of nonpotable use of recycled water where the use requires protection of public health.
(b) Adoption of uniform water recycling criteria by the State Department of Public Health is subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Article  2. Drinking Water Criteria for Potable Uses

18030.
 The Legislature finds and declares the following:
(a) The use of recycled water for potable reuse is critical to achieving the state’s water recycling goals established in Section 18010 for increased use of recycled water in the state.
(b) California is a national leader in potable reuse. Potable reuse projects have been permitted in California and have delivered safe water to customers since 1962, using a combination of engineered and natural treatment processes. Ongoing advancements in these treatment processes have increased the opportunities to develop potable reuse projects that have been proven to provide effective barriers and reliably deliver safe water to customers.
(c) Engineered and natural treatment processes, selected for individual potable reuse projects, can purify water. The appropriate process, or combination of processes, should consider the type of reuse project and site-specific conditions.
(d) Achievement of the state’s water recycling goals depends on the timely development of appropriate criteria for potable reuse by the State Department of Public Health.
(e) This article is not intended to delay, invalidate, or reverse any study or project, or development of regulations by the State Department of Public Health, the state board, or the regional boards regarding the use of recycled water for potable reuse.
(f) This article shall not be construed to delay, invalidate, or reverse the State Department of Public Health’s ongoing review of projects consistent with Section 116551 of the Health and Safety Code.

18031.
 (a) On or before December 31, 2013, the State Department of Public Health shall adopt drinking water criteria for groundwater recharge projects utilizing recycled water.
(b) (1) On or before December 31, 2016, the State Department of Public Health shall develop and adopt drinking water criteria for the use of advanced treated purified water for raw water augmentation projects not subject to the criteria established pursuant to subdivision (a).
(2) Prior to adopting drinking water criteria for the use of advanced treated purified water for raw water augmentation pursuant to paragraph (1), the State Department of Public Health shall submit the proposed criteria to the expert panel convened pursuant to subdivision (a) of Section 18035. The expert panel shall review the proposed criteria and shall make a finding as to whether, in its expert opinion, the proposed criteria would adequately protect public health.
(3) The State Department of Public Health shall not adopt drinking water criteria for the use of advanced treated purified water for raw water augmentation pursuant to paragraph (1) unless and until the expert panel adopts a finding that the proposed criteria would adequately protect public health.
(c) Adoption of drinking water criteria by the State Department of Public Health is subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

18032.
 (a) (1) The State Department of Public Health shall investigate and report to the Legislature on the feasibility of developing drinking water criteria for potable reuse involving treated water augmentation.
(2) The State Department of Public Health shall complete a public review draft of its report by June 30, 2016. The State Department of Public Health shall provide the public not less than 45 days to review and comment on the public review draft.
(3) The State Department of Public Health shall provide a final report to the Legislature by December 31, 2016. The State Department of Public Health shall make the final report available to the public.
(b) In conducting the investigation pursuant to subdivision (a), the State Department of Public Health shall examine all of the following:
(1) The availability and reliability of recycled water treatment technologies necessary to ensure the protection of public health.
(2) Multiple barriers and sequential treatment processes that may be appropriate at wastewater and water treatment facilities.
(3) Available information on health effects.
(4) Mechanisms that should be employed to protect the public health if problems are found in recycled water that is being served to the public as a potable water supply, including, but not limited to, the failure of treatment systems at the wastewater or water treatment facility.
(5) Monitoring needed to ensure protection of public health, including, but not limited to, the identification of appropriate indicator and surrogate constituents.
(6) Any other scientific or technical issues that the State Department of Public Health determines to be necessary, including, but not limited to, the need for additional research.
(c) (1) Notwithstanding Section 10231.5 of the Government Code, the requirement for submitting a report imposed under paragraph (3) of subdivision (a) is inoperative on December 31, 2020.
(2) A report to be submitted pursuant to paragraph (3) of subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

18033.
 In performing its investigation of the feasibility of developing the drinking water criteria for potable reuse involving treated water augmentation, the State Department of Public Health shall consider all of the following:
(a) Recommendations from the expert panel appointed pursuant to paragraph (1) of subdivision (a) of Section 18035.
(b) Recommendations from an advisory group, task force, or other group appointed by the State Department of Public Health pursuant to paragraph (1) of subdivision (b) of Section 18035.
(c) Regulations and guidelines for these activities from jurisdictions in other states, the federal government, or other countries.
(d) Research regarding constituents of emerging concern, as developed pursuant to Section 10 of the Recycled Water Policy adopted by state board Resolution No. 2009‑0011.
(e) Results of the investigation undertaken pursuant to Section 18032.
(f) Water quality and health risk assessments associated with existing potable water supplies subject to discharges from municipal wastewater, stormwater, and agricultural runoff.

18034.
 (a) The State Department of Public Health, in consultation with the state board, shall report to the Legislature as part of the annual budget process, in each year through 2016, inclusive, on the progress toward developing and adopting drinking water criteria for the use of advanced treated purified water for raw water augmentation pursuant to paragraph (1) of subdivision (b) of Section 18031 and its investigation of the feasibility of developing drinking water criteria for treated water augmentation pursuant to Section 18032.
(b) (1) A written report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2017.

18035.
 (a) (1) The State Department of Public Health shall convene and administer an expert panel for the purposes of advising the State Department of Public Health on public health issues and scientific and technical matters regarding the following:
(A) Development of drinking water criteria for raw water augmentation of surface water using advanced treated purified water pursuant to paragraph (1) of subdivision (b) of Section 18031.
(B) Investigation of the feasibility of developing drinking water criteria for treated water augmentation pursuant to Section 18032.
(2) The expert panel shall be comprised, at a minimum, of a toxicologist, an engineer licensed in the state with at least three years’ experience in wastewater treatment, an engineer licensed in the state with at least three years’ experience in treatment of drinking water supplies and knowledge of drinking water standards, an epidemiologist, a microbiologist, and a chemist.
(3) Members of the expert panel may be reimbursed for reasonable and necessary travel expenses.
(b) (1) The State Department of Public Health shall appoint an advisory group, task force, or other group, comprised of no fewer than nine representatives of water and wastewater agencies, local public health officers, environmental organizations, environmental justice organizations, public health nongovernmental organizations, and the business community, to advise the State Department of Public Health regarding the development of drinking water criteria pursuant to subdivision (b) of Section 18031 and investigation of the feasibility of developing drinking water criteria pursuant to Section 18032.
(2) Environmental, environmental justice, and public health nongovernmental organization representative members of the advisory group, task force, or other group may be reimbursed for reasonable and necessary travel expenses.

Article  3. Nonpotable Uses of Recycled Water

18040.
 (a) The use of potable water for nonpotable uses, including, but not limited to, toilet and urinal flushing in structures, irrigation of cemeteries, golf courses, parks, highway landscaped areas, and residential landscaping, floor trap priming, cooling towers, air-conditioning devices, and other industrial and irrigation uses, is a waste or an unreasonable use of the water within the meaning of Section 2 of Article X of the California Constitution if the state board or regional board determines, after notice to any person or entity who may be ordered to use recycled water or to cease using potable water and, if requested by the person or entity after a hearing held pursuant to Article 2 (commencing with Section 648) of Chapter 1.5 of Division 3 of Title 23 of the California Code of Regulations, that recycled water meeting all of the following conditions is available:
(1) The source of recycled water is of adequate quality for nonpotable uses and is available for these uses. In determining adequate quality, the state board or regional board shall consider all relevant factors, including, but not limited to, food and employee safety, and level and types of specific constituents in the recycled water affecting these uses, on a user-by-user basis.
(2) The recycled water may be furnished for nonpotable uses at a reasonable cost to the user. In determining reasonable cost, the state board or regional board shall consider all relevant factors, including, but not limited to, the present and projected costs of supplying, delivering, and treating potable water for these uses and the present and projected costs of supplying, delivering, and treating recycled water for these uses, and shall find that the cost of supplying the treated recycled water is comparable to, or less than, the cost of supplying potable water.
(3) After concurrence with the State Department of Public Health, the use of recycled water from the proposed source will not be detrimental to the public health.
(4) The use of recycled water for these uses will not adversely affect downstream water rights, will not degrade water quality or beneficial uses, except in accordance with the applicable water quality control plan, and is determined not to be injurious to plantlife, fish, and wildlife.
(b) In making the determination pursuant to subdivision (a), the state board or regional board shall consider the impact of the cost and quality of the nonpotable water on each individual user.
(c) The state board or regional board may require a public agency or person subject to this article to furnish information which the state board or regional board determines to be relevant to making the determination required in subdivision (a).

18041.
 (a) Any state or local public agency may require the use of recycled water for irrigation of residential landscaping, if all of the following requirements are met:
(1) The use of recycled water does not cause any loss or diminution of any existing water right.
(2) The irrigation systems are constructed in accordance with Chapter 3 (commencing with Section 60301) of Division 4 of Title 22 of the California Code of Regulations.
(b) This section applies to both of the following:
(1) Any existing approved use that is retrofitted to receive recycled water.
(2) Any new use that is permitted or begins construction after January 1, 2013.

18042.
 (a) Any state or local public agency may require the use of recycled water in floor trap priming, cooling towers, and air-conditioning devices, if both of the following requirements are met:
(1) The use of recycled water does not cause any loss or diminution of any existing water right.
(2) If public exposure to aerosols, mist, or spray may occur, appropriate mist mitigation or mist control is provided, such as the use of mist arrestors or the addition of biocides to the water in accordance with criteria established pursuant to Section 18020.
(b) This section applies to both of the following:
(1) New industrial facilities and subdivisions for which the building permit is issued on or after January 1, 2013, or, if a building permit is not required, new structures for which construction begins on or after January 1, 2013, for which the State Department of Public Health has approved the use of recycled water.
(2) Any structure that is retrofitted to permit the use of recycled water for floor traps, cooling towers, or air-conditioning devices, for which the State Department of Public Health has approved the use of recycled water.

18043.
 (a) Any state or local public agency may require the use of recycled water for toilet and urinal flushing in structures, except a mental hospital or other facility operated by a public agency for the treatment of persons with mental disorders, if all of the following requirements are met:
(1) The use of recycled water does not cause any loss or diminution of any existing water right.
(2) The public agency has prepared an engineering report pursuant to Section 60323 of Title 22 of the California Code of Regulations that includes plumbing design, cross-connection control, and monitoring requirements for the use site, which are in compliance with criteria established pursuant to Section 18020.
(b) Recycled water may be used in a condominium project, as described in subdivision (f) of Section 1351 of the Civil Code, for toilet and urinal flushing, subject to all of the following additional conditions:
(1) For any condominium, the lease or condominium’s declaration, as defined in Section 1351 of the Civil Code, shall provide that the laws and regulations governing recycled water apply, shall not permit any exceptions to those laws and regulations, shall incorporate the report described in subdivision (a), and shall contain the following statement:

“NOTICE OF USE OF RECYCLED WATER
This property is approved by the State Department of Public Health for the use of recycled water for toilet and urinal flushing. This water is not potable, is not suitable for indoor purposes other than toilet and urinal flushing purposes, and requires dual plumbing. Alterations and modifications to the plumbing system require a permit and are prohibited without first consulting with the appropriate local building code enforcement agency and your property management company or homeowners’ association to ensure that the recycled water is not mixed with the drinking water.”

(2) That each project will be tested by the recycled water agency or the responsible local agency at least once every four years to ensure that there are no indications of a possible cross connection between the condominium’s potable and nonpotable systems.
(3) The recycled water agency or the responsible local agency shall maintain records of all tests and inspections conducted.

Article  4. Exemptions from Environmental Quality Act

18050.
 Any project that involves only the repiping, redesign, or use of recycled water for irrigation of residential landscaping, floor trap priming, cooling towers, air-conditioning devices, or toilet and urinal flushing in structures necessary to comply with a requirement prescribed by a public agency under Section 18041, 18042, or 18043 is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code as provided in Section 21080.43 of the Public Resources Code.

Article  5. Special Provisions

18060.
 (a) The Legislature hereby finds and declares that certain coastal areas of the state have been using seawater to flush toilets and urinals as a means of conserving potable water; that this practice precludes the beneficial reuse of treated wastewater and has had a deleterious effect on the proper wastewater treatment process, and has led to corrosion of the seawater distribution pipelines and wastewater collection systems; that this situation must be changed; and that the use of recycled water in structures for toilet and urinal flushing does not pose a threat to public health and safety.
(b) Any state or local public agency, agency that is providing a separate distribution system for seawater for use in flushing toilets and urinals in residential structures may, by ordinance or regulation, as appropriate, authorize the use of recycled water for the flushing of toilets and urinals in residential structures if the level of treatment and the use of the recycled water meets meet the criteria set by the State Department of Public Health.

CHAPTER  5. Planning for Recycled Water
Article  1. Installation of Dual Piping for Irrigation

18100.
 (a) If a recycled water producer, wholesaler, or supplier determines that within 10 years the recycled water producer, wholesaler, or supplier proposes to provide recycled water for use for state landscape irrigation that meets all of the conditions set forth in Section 18040, the recycled water producer, wholesaler, or supplier shall so notify the Department of Transportation and the Department of General Services, and shall identify in the notice the area that is eligible to receive the recycled water, and the necessary infrastructure that the recycled water producer, wholesaler, or supplier proposes to provide, to facilitate delivery of the recycled water.
(b) If notice has been provided pursuant to subdivision (a), all pipe installed by the Department of Transportation or the Department of General Services for landscape irrigation within the identified area shall be of the type necessary to meet the requirements of Section 116815 of the Health and Safety Code and applicable regulations.

Article  2. Studies Related to Recycled Water

18110.
 The department shall conduct studies and investigations on the availability and quality of wastewater and the uses of recycled water for beneficial purposes, including, but not limited to, groundwater recharge, municipal and industrial use, irrigation use, and cooling for thermal electric powerplants.

18111.
 The department shall study and investigate the technology of the use of recycled water and further the development of the technology of the recycling of water.

Article  3. Water Recycling in Landscaping Act

18120.
 If a recycled water producer, wholesaler, or supplier determines that within 10 years the recycled water producer, wholesaler, or supplier will provide recycled water within the boundaries of a land use agency that meets all of the conditions described in Section 18040, the recycled water producer, wholesaler, or supplier shall notify the land use agency of that fact and shall identify in the notice the area that is eligible to receive the recycled water, and the necessary infrastructure that the recycled water producer, wholesaler, or supplier will provide to support delivery of the recycled water.

18121.
 (a) Within 180 days of receipt of notification from a recycled water producer, wholesaler, or supplier pursuant to Section 18120, the land use agency shall adopt and enforce a recycled water ordinance pursuant to this article.
(b) The ordinance shall include, but not be limited to, provisions that do all of the following:
(1) State that it is the policy of the land use agency that recycled water determined to be available pursuant to Section 18040 shall be used for nonpotable uses within the designated recycled water use area set forth by the land use agency when the local public agency determines that there is not an alternative higher or better use for the recycled water, its use is economically justified, and its use is financially and technically feasible for projects under consideration by the land use agency.
(2) Designate the areas within the boundaries of the land use agency that can or may in the future use recycled water, including, but not limited to, existing urban areas in lieu of potable water.
(3) Establish general rules and regulations governing the use and distribution of recycled water in accordance with applicable laws and regulations.
(4) Establish that the use of the recycled water is determined to be available pursuant to Section 18040 in new industrial, commercial, or residential subdivisions located within the designated recycled water use areas for which a tentative map or parcel map is required pursuant to Section 66426 of the Government Code. These provisions shall require a separate plumbing system to serve nonpotable uses in the common areas of the subdivision, including, but not limited to, golf courses, parks, greenbelts, landscaped streets, and landscaped medians. The separate plumbing system to serve nonpotable uses shall be independent of the plumbing system provided to serve domestic, residential, and other potable water uses in the subdivision.
(5) Require that recycled water service shall not commence within the designated recycled water use area in any service area of a private utility, as defined in Section 1502 of the Public Utilities Code, or to any service area of a public agency retail water supplier that is not a local public agency as defined in Section 18005, except in accordance with a written agreement between the recycled water producer or wholesaler and the private utility or public agency retail water supplier that shall be made available in a timely manner by the recycled water producer or wholesaler to the land use agency adopting the ordinance pursuant to this article.

18122.
 The recycled water ordinance adopted by a land use agency pursuant to Section 18121 shall not apply to either of the following:
(a) A tentative map as defined in Section 66424.5 of the Government Code, or a development, as defined in Section 65927 of the Government Code, that was approved by the land use agency prior to the receipt of notification from a recycled water producer, wholesaler, or supplier pursuant to Section 18120.
(b) A subdivision map application that is deemed complete pursuant to Section 65943 of the Government Code prior to the land use agency’s receipt of a notice from a recycled water producer, wholesaler, or supplier pursuant to Section 18120.

18123.
 (a) This chapter shall not apply to any land use agency that adopted a recycled water ordinance or other regulation requiring the use of recycled water in its jurisdiction prior to January 1, 2001.
(b) This chapter does not alter any rights, remedies, or obligations that may exist pursuant to Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code.

Article  4. Provisions Specific to Recycled Water Suppliers and Retail

18130.
 In addition to any other authority provided in law, any water supplier described in subdivision (b) of Section 1745 may acquire, store, provide, sell, and deliver recycled water for any beneficial use, including, but not limited to, municipal, industrial, domestic, and irrigation uses, if the water use is in accordance with the uniform water recycling criteria and regulations established pursuant to this division or the drinking water criteria for advanced treated purified water and soil aquifer treated purified water established pursuant to Section 18031.

18131.
 (a) Retail water suppliers shall identify potential uses for recycled water within their service areas, potential customers for recycled water service within their service areas, and, within a reasonable time, potential sources of recycled water.
(b) Recycled water producers and recycled water wholesalers may also identify potential uses for recycled water, and may assist retail water suppliers in identifying potential customers for recycled water service within the service areas of those retail water suppliers.
(c) Recycled water producers, wholesalers, and suppliers, and entities responsible for groundwater replenishment may cooperate in joint technical, economic, and environmental studies, as appropriate, to determine the feasibility of providing recycled water service and recycled water for groundwater replenishment consistent with the criteria set forth in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 18040 and in accordance with Section 60320 of Title 22 of the California Code of Regulations.

18132.
 (a) A retail water supplier that has identified a potential use or customer pursuant to Section 18131 may apply to a recycled water producer or recycled water wholesaler for a recycled water supply.
(b) A recycled water producer or recycled water wholesaler that has identified a potential use or customer pursuant to Section 18131 may request, in writing, a retail water supplier to enter into an agreement to provide recycled water to the potential customer.
(c) A customer may request, in writing, a retail water supplier to enter into an agreement to provide recycled water to the customer.
(d) (1) An entity responsible for groundwater replenishment that is a customer of a retail water supplier and that has identified the potential use of recycled water for groundwater replenishment purposes may, in writing, request that retail water supplier to enter into an agreement to provide recycled water for that purpose. That entity shall not obtain recycled water for that purpose from a recycled water producer, a recycled water wholesaler, or another retail water supplier without the agreement of the entity’s retail water supplier.
(2) An entity responsible for groundwater replenishment that is not a customer of a retail water supplier and that has identified the potential use of recycled water for groundwater replenishment purposes may, in writing, request a retail water supplier, a recycled water producer, or a recycled water wholesaler to enter into an agreement to provide recycled water for that purpose.

18133.
 (a) (1) A retail water supplier that receives a request from a customer pursuant to subdivision (c) of Section 18132 shall enter into an agreement to provide recycled water, if recycled water is available, or can be made available, to the retail water supplier for sale to the customer.
(2) Notwithstanding paragraph (1), in accordance with a written agreement between a recycled water producer or a recycled water wholesaler and a retail water supplier, the retail water supplier may delegate to a recycled water producer or a recycled water wholesaler its responsibility under this section to provide recycled water.
(b) A customer shall not obtain recycled water from a recycled water producer, a recycled water wholesaler, or a retail water supplier other than the retail water supplier whose service area includes the property to which the customer requests recycled water delivery without the agreement of the retail water supplier for that service area.
(c) If either a recycled water producer or a recycled water wholesaler provides a customer of a retail water supplier with a written statement that it can and will provide recycled water to the retail water supplier, the retail water supplier shall, not later than 120 days from the date on which the retail water supplier receives the written statement from the customer, by certified mail, return receipt requested, submit a written offer to the customer. A determination of availability pursuant to Section 18040 is not required.
(d) If the state board, pursuant to Section 18040, makes a determination that there is available recycled water to serve a customer of a retail water supplier, the retail water supplier, not later than 120 days from the date on which the retail water supplier receives a copy of that determination from the customer, by certified mail, return receipt requested, shall submit a written offer to the customer.

Article  5. Distribution of Recycled Water in Separate Purple Pipelines

18140.
 (a) Water delivery systems on private property that could deliver recycled water for nonpotable uses that are constructed on and after January 1, 1993, shall be designed to ensure that the water to be used for potable uses is delivered, from the point of entry to the private property to be served, in a separate pipeline that is not used to deliver the recycled water.
(b) This section applies to water delivery systems on private property constructed within either of the following jurisdictions:
(1) One that has an urban water management plan that includes the intent to develop recycled water use.
(2) One that does not have an urban water management plan that includes recycled water use, but that is within five miles of a jurisdiction that does have an urban water management plan that includes recycled water use, and has indicated a willingness to serve the water delivery system.
(3) One that has received notice under Section 18120.
(c) This section does not preempt local regulation of the delivery of water for potable and nonpotable uses and any local governing body may adopt requirements for water delivery systems on private property that are more restrictive than the requirements of this section.

18141.
 (a) All pipes installed above or below the ground, on and after June 1, 1993, that are designed to carry recycled water, shall be colored purple or distinctively wrapped with purple tape.
(b) Subdivision (a) shall apply only in areas served by a water supplier delivering water for municipal and industrial purposes, and shall not apply to either of the following:
(1) Municipal or industrial facilities that have established a labeling or marking system for recycled water on their premises, as otherwise required by a local agency, that clearly distinguishes recycled water from potable water.
(2) Water delivered for agricultural use.

CHAPTER  6. Permitting of Recycled Water
Article  1. Authority

18200.
 The use of recycled water, as defined in this division, with the exception of advanced treated purified water, shall be permitted by the appropriate regional board or the state board in accordance with this chapter. The use of advanced treated purified water shall be permitted in accordance with Chapter 20 (commencing with Section 26300) of Division 20 of the Health and Safety Code. All other water reuse shall be permitted as appropriate in accordance with Division 7 (commencing with Section 13000).

18201.
 (a) The state board and regional boards shall issue water recycling permits for nonpotable uses of recycled water, and recycled water groundwater recharge projects using soil aquifer treated purified water, in conformance with this division. Water recycling permits for nonpotable uses of recycled water shall implement the uniform water recycling criteria adopted by the State Department of Public Health pursuant to Section 18020. Water recycling permits for recycled water groundwater recharge projects using soil aquifer treated purified water shall implement the drinking water criteria adopted by the State Department of Public Health pursuant to subdivision (a) of Section 18031.
(b) The state board and regional boards shall permit raw water augmentation projects not subject to the criteria developed pursuant to Section 18031 utilizing recycled water that is not advanced treated purified water on a case-by-case basis in consultation with the State Department of Public Health.
(c) Except as provided for in subdivision (d), the use of advanced treated purified water for raw water augmentation shall be permitted as a source of supply by the State Department of Public Health pursuant to Sections 26302 and 26303 of the Health and Safety Code and not subject to a water recycling permit. The permits shall implement the drinking water criteria adopted by the State Department of Public Health pursuant to subdivision (b) of Section 18031.
(d) When advanced treated purified water is used in conjunction with soil aquifer treated purified water in a recycled water groundwater recharge project, the recycled water groundwater recharge project shall be regulated in accordance with a water recycling permit issued pursuant to Section 18212. The permit shall implement the drinking water criteria adopted by the State Department of Public Health pursuant to subdivision (a) of Section 18031.

18202.
 In addition to establishing uniform water recycling criteria pursuant to Section 18020 and drinking water criteria pursuant to Section 18031, the State Department of Public Health shall review reports of intent to recycle water as provided in Article 3 (commencing with Section 18220) and make any recommendations for the proposed recycled water projects to the state board and regional boards as appropriate for protection of public health.

18203.
 (a) The use of recycled water, as defined in this division, permitted prior to January 1, 2013, utilizing water recycling requirements, master recycling permits, or waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) shall be permitted in accordance with this division or Chapter 20 (commencing with Section 26300) of Division 20 of the Health and Safety Code, as applicable, upon expiration or modification of the water recycling requirements, master recycling permits, or waste discharge requirements, or upon agreement by the appropriate regional board and permitted entity, whichever is sooner.
(b) The use of recycled water, as defined in this division, permitted prior to January 1, 2013, utilizing shall continue to be made in compliance with the provisions of the applicable water recycling requirements, master recycling permits, or waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) and, commencing on January 1, 2013, and continuing for as long as the water recycling requirements, master recycling permits, or waste discharge requirements remain in effect pursuant to subdivision (a), these requirements and permits shall be complied with, administered, and enforced in accordance with those water recycling requirements, master recycling permits, or waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) pursuant to Chapter 7 (commencing with Section 18300), Chapter 8 (commencing with Section 18350), and Chapter 9 (commencing with Section 18400).

Article  2. Types of Permits

18210.
 (a) The state board or a regional board may issue a water recycling permit for nonpotable reuse to a producer, wholesaler, or supplier of recycled water, or a combination thereof for multiple uses and users of recycled water.
(b) A water recycling permit for nonpotable reuse shall include all of the following:
(1) Water recycling requirements to assure ensure compliance with the uniform water recycling criteria for nonpotable reuse.
(2) A requirement that the permittee establish and enforce rules or regulations for recycled water users governing the use of recycled water in accordance with the uniform water recycling criteria.
(3) A requirement that the permittee submit an annual report summarizing recycled water use, including the total amount of recycled water supplied, the total number of recycled water use sites, and the locations of those sites, including the names of the groundwater basins underlying the recycled water use sites.
(4) A requirement that the permittee create a program for oversight of the facilities of the recycled water users to monitor compliance by the users with the uniform water recycling criteria, the applicable water recycling permit, and the requirements of the permittee’s adopted rules and regulations.
(5) A requirement that the permittee comply with the program described in the permittee’s report of intent to recycle water filed pursuant to Section 18220.
(c) With regard to requirements related to the protection of the public health, the state board and regional boards shall implement the recommendations of the State Department of Public Health.
(d) Where water recycling occurs within an area covered by a municipal separate storm sewer system permit issued pursuant to the federal National Pollutant Discharge Elimination System, the state board and regional water boards shall regulate incidental runoff to the extent necessary as a low threat low-threat nonstormwater discharge under the municipal separate storm sewer system permit.
(e) The state board and regional boards shall regulate filling 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 identified adverse impacts relating to the individual impoundment that are not addressed by uniform water recycling criteria.

18211.
 (a) In lieu of issuing a water recycling permit for nonpotable reuse to a producer, wholesaler, or supplier of recycled water, the state board or a regional water board may issue general permits that provide coverage to producers, wholesalers, or suppliers, or a combination thereof.
(b) A general permit for recycled water that involves nonpotable reuse shall include requirements consistent with those specified in Section 18210 for an individual water recycling permit.

18212.
 (a) The state board or a regional board may issue a recycled water groundwater recharge permit to a producer, wholesaler, or supplier of recycled water, an entity responsible for groundwater replenishment, or a combination thereof, for recycled water groundwater recharge projects using soil aquifer treated purified water, alone or in conjunction with advanced treated purified water.
(b) A recycled water groundwater recharge permit shall include all of the following:
(1) Requirements to ensure compliance with the drinking water criteria for recycled water groundwater recharge projects.
(2) Source control requirements needed to protect the quality of the recycled water and achieve the requirements of paragraph (1).
(3) Appropriate monitoring and reporting requirements to characterize the quality of the recycled water and groundwater basin and demonstrate compliance with the requirements of the permit.
(4) Specifications with respect to buffer zones, travel times, diluent ratios, and groundwater retention requirements, as recommended by the State Department of Public Health to protect public health.
(5) A requirement that the permittee comply with the program described in the permittee’s report of intent to recycle water filed pursuant to Section 18221.
(c) With regard to requirements related to protection of public health, the state board and regional boards shall implement the recommendations of the State Department of Public Health.

Article  3. Permit Application

18220.
 (a) Any recycled water producer, wholesaler, or supplier of recycled water for nonpotable purposes for which uniform water recycling criteria have been established shall file with the appropriate regional board a report of intent to recycle water containing the following information:
(1) An engineering report containing the information required by the State Department of Public Health in accordance with its regulations established in Title 22 of the California Code of Regulations. The engineering report shall include, but not be limited to, a description of the method or methods of wastewater treatment for the category of recycled water to be used and a description of the method or methods to be used to ensure that the installation and operation of the recycled system will not result in cross-connections between the recycled water and potable water piping systems, but shall not require the identification of every site that may be connected to the recycled water delivery system as long as every category of recycled water use is addressed. The engineering report shall also include a detailed operations plan for the recycled water use areas, including methods and procedures for implementation of regulations regarding recycled water use and maintenance of equipment and emergency backup systems, and a monitoring and reporting program to demonstrate compliance with subdivision (b) of Section 18210.
(2) An implementation plan for demonstrating that the use of recycled water in accordance with this division will not cause the receiving water to exceed any water quality objective specified for the receiving water in the applicable water quality control plan, except as provided in Section 18224. Where a salt or nutrient, or salt and nutrient, management plan is in place for the basin or subbasin, the implementation plan may consist of the implementation provisions of that plan.
(3) As applicable, a copy of the recycled water producer’s, wholesaler’s, or supplier’s established rules, or general rules or regulations as approved by the State Department of Public Health for producers, wholesalers, suppliers, and users, governing the use of recycled water in accordance with the uniform water recycling criteria.
(b) Every recycled water producer, wholesaler, or supplier of recycled water shall file with the appropriate regional board a report of any material change or proposed change in the character of the recycled water or its use.
(c) Each report under this section shall be sworn to, or submitted under penalty of perjury.
(d) This section shall not be construed so as to require any report in the case of any producing, manufacturing, or processing operation involving the recycling of water solely for use in the producing, manufacturing, or processing operation.

18221.
 (a) Any person proposing a recycled water groundwater recharge project as defined in this division, within any region and in accordance with the drinking water criteria, shall file with the appropriate regional board a report of intent to recycle water containing the following information:
(1) An engineering report consisting of the information required by the State Department of Public Health in accordance with its regulations established in Title 22 of the California Code of Regulations. The engineering report shall include, but not be limited to, a description of the method or methods of treatment, a description of the proposed retention time and methodology used to calculate the retention time, a description of the diluent requirements, recycled water contribution and methods for establishing the diluent requirements and recycled water contribution, and a description of the proposed monitoring program consistent with the drinking water criteria. The engineering report shall also include a detailed operations plan, including methods and procedures for implementation of the drinking water criteria, and maintenance of equipment and emergency backup systems.
(2) An implementation plan for demonstrating that the use of recycled water in accordance with this division will not cause the underlying groundwater to exceed any water quality objective specified for the groundwater in the applicable water quality control plan, except as provided in Section 18224. Where a salt or nutrient, or salt and nutrient, plan is in place for the basin or subbasin, the implementation plan may consist of the implementation provisions of that plan.
(b) Every person recycling water or using recycled water subject to this section shall file with the appropriate regional board a report of any material change or proposed change in the character of the recycled water or its use.
(c) Each report under this section shall be sworn to, or submitted under penalty of perjury.

18221.5.
 (a) The applicable regional board shall determine the adequacy of a report of intent to recycle water filed pursuant to either Section 18220 or 18221 within the time limits set forth in Section 65956 65943 of the Government Code.

(b)When a project is deemed approved pursuant to Section 65956 of the Government Code due to a regional board failure to act on a report of intent to recycle water, the applicant may recycle water as proposed in the report of intent to recycle water until the regional board adopts a water recycling permit or recycled water groundwater recharge permit relative to that project. The regional board shall adopt an appropriate water recycling permit or recycled water groundwater recharge permit as soon as possible for any project deemed approved pursuant to Section 65956 of the Government Code.

(c)

(b) When the applicant has submitted all the information required by the regional board in accordance with this chapter and any fee that is due, the report of intent to recycle water shall be deemed filed. The applicant shall be notified to that effect.

18221.6.
 (a) When a project is deemed approved pursuant to Section 65956 of the Government Code due to a regional board failure to act on a report of intent to recycle water, the applicant may recycle water as proposed in the report of intent to recycle water until the regional board adopts a water recycling permit or recycled water groundwater recharge permit relative to that project. This section shall not create a vested right to continue recycling water.
(b) The regional board shall adopt an appropriate water recycling permit or recycled water groundwater recharge permit as soon as possible for any project deemed approved pursuant to Section 65956 of the Government Code.
(c) No application for a recycled water permit shall be subject to the time limits specified in Article 5 (commencing with Section 65950) of Chapter 4.5 of Title 7 of the Government Code.

18222.
 The state board and each regional board shall consult with and receive the recommendations of the State Department of Public Health prior to prescribing any water recycling permit as described in Section 18210 or 18212 or a general permit for recycled water as described in Section 18211.

18223.
 (a) The state board or a regional board, as applicable, shall hold a public hearing for the adoption of any water recycling permit as described in Section 18210 or 18212 or a general permit for recycled water as described in Section 18211.
(b) The state board or the regional board, as applicable, shall provide notice and a period of at least 30 days for public comment prior to the adoption of any water recycling permit or general permit for recycled water.
(c) The notification required by subdivision (b) may be provided by mailing a draft of the water recycling permit or general permit for recycled water to each person who has requested notice of the specific item, or by posting a draft of the respective requirements or order on the official Internet Web site maintained by the state board or regional board, and providing notice of that posting by electronic mail to each person who has requested notice.
(d) This section shall not be construed to require the state board or the regional board to provide more than one notice or more than one public comment period prior to the adoption of a water recycling permit or general permit for recycled water.

18224.
 The state board and regional boards shall not deny issuance of a water recycling permit or general permit for recycled water to a project that violates only a salinity standard in the basin plan, provided that, where a salt or nutrient or salt and nutrient management plan has been adopted for the basin or subbasin, the quality and proposed use of the recycled water shall be consistent with that adopted salt or nutrient or salt and nutrient plan.

Article  4. Permit Fees

18230.
 (a) (1) Each person who submits a report of intent to recycle water in accordance with Section 18220 or 18221 shall submit a permit filing fee according to a fee schedule established, and periodically adjusted as appropriate, by the state board in conformance with this section.
(2) The state board shall provide notice and a period of at least 30 days for public comment prior to the adoption or adjustment of any permit filing fee as described in paragraph (1) at a noticed public meeting. The notification may be provided by mailing a draft of the proposed permit filing fee to each person who has requested notice of the specific item, or by posting a draft of the proposed fee on the official Internet Web site maintained by the state board, and providing notice of that posting by electronic mail to each person who has requested notice.
(3) Any permit filing fee adopted by the state board, or adjustments thereto, shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall remain in effect until revised by the state board.
(b) The total amount of permit filing fees collected pursuant to this section shall equal that amount necessary to recoup the costs incurred by the state board or regional board in issuing water recycling permits and general permits for recycled water.
(c) The permit filing fee shall be paid before the appropriate regional board may deem the report of intent to recycle water to be complete.
(d) The permit filing fees collected pursuant to this section shall be deposited in the Water Recycling Permit Fund, which is hereby created. The money in the fund is available for expenditure by the state board, upon appropriation by the Legislature, solely for the purposes of carrying out this division.

18231.
 (a) (1) Each person who is subject to a water recycling permit as described in Section 18210 or 18212, a general permit for recycled water as described in Section 18211, or a permit issued by the State Department of Public Health pursuant to Section 26302 of the Health and Safety Code shall submit an annual fee according to a fee schedule established, and periodically adjusted as appropriate, by the state board in conformance with this section.
(2) The state board shall establish, by regulation, a timetable for payment of the annual fee.
(3) The state board shall provide notice and a period of at least 30 days for public comment prior to the adoption or adjustment of any annual fee as described in paragraph (1) or timetable as described in paragraph (2) at a noticed public meeting. The notification may be provided by mailing a draft of the proposed fee or timetable, as applicable, to each person who has requested notice of the specific item, or by posting a draft of the proposed fee or timetable, as applicable, on the official Internet Web site maintained by the state board, and providing notice of that posting by electronic mail to each person who has requested notice.
(4) Any annual fee or timetable adopted by the state board, or adjustments thereto, shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall remain in effect until revised by the state board.
(b) The total amount of annual fees collected pursuant to this section shall equal the amount necessary to recoup the recoverable costs as described in subdivision (c) incurred in connection with the administration, reviewing, monitoring, and enforcement of water recycling permits and general permits for recycled water and consultation with the State Department of Public Health regarding permits issued pursuant to Section 26303 of the Health and Safety Code.
(c) Recoverable costs are those costs incurred by the state board or a regional board in reviewing monitoring reports; prescribing terms of water recycling permits, general permits for recycled water, and monitoring requirements; enforcing and evaluating compliance with water recycling permits and general permits for recycled water; analyzing laboratory samples; and conducting surface water and groundwater monitoring and modeling; reviewing documents prepared for the purpose of regulating permits for water recycling; and administrative costs incurred in connection with carrying out these actions.
(d) The fees collected pursuant to this section shall be deposited in the Water Recycling Permit Fund established pursuant to Section 18230.

CHAPTER  7. Administrative and Judicial Review

18300.
 An aggrieved person may petition the state board to review any action or failure to act of a regional board pursuant to this division in the same manner as provided for an action or failure to act of a regional board pursuant to Division 7 (commencing with Section 13000) in accordance with Section 13320. The petition may include a request for stay of the water recycling permit or any requirements thereof. A request for stay shall be subject to the procedural requirements of Sections 13320 and 13321.

18301.
 A person aggrieved by a decision or order of a regional board subject to review under Section 18300, or of a decision or order of the state board, may obtain review of the decision or order of the regional board or state board, as appropriate, in the superior court in the same manner as provided for review of a regional board or state board decision or order under Division 7 (commencing with Section 13000) in the superior court in accordance with the procedural requirements of Section 13330.

CHAPTER  8. Reporting and Investigation

18350.
 (a) Any person who, without regard to intent or negligence, causes or permits an unauthorized release of 50,000 gallons or more of tertiary recycled water, as defined in subdivision (c), in or on any waters of the state, or causes or permits such unauthorized release to occur where it has, or probably will, enter any waters of the state, shall, as soon as (1) that person has knowledge of the release, (2) notification is possible, and (3) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the appropriate regional board.
(b) For the purposes of this section, an unauthorized release means a release of recycled water not authorized by a water recycling permit pursuant to Section 18210 or 18212, a general permit for recycled water pursuant to Section 18211, or any other provision of this division.
(c) For the purposes of this section, “tertiary recycled water” means wastewater treated as “disinfected tertiary recycled water,” as defined or described by the State Department of Public Health or wastewater receiving advanced treatment beyond disinfected tertiary 2.2 recycled water that is not advanced treated purified water.
(d) Storm-induced overflow is not an unauthorized release.

18351.
 (a) Any person refusing or failing to provide the notice required by Section 18350, or as required by a condition of a water recycling permit or a general permit for recycled water requiring notification of unauthorized releases of recycled water, may be subject to administrative civil liability in an amount not to exceed the following:
(1) For the first violation, or a subsequent violation occurring more than 365 days from a previous violation, five thousand dollars ($5,000).
(2) For a second violation occurring within 365 days of a previous violation, ten thousand dollars ($10,000).
(3) For a third or subsequent violation occurring within 365 days of a previous violation, twenty-five thousand dollars ($25,000).
(b) The penalties in this section supplement, and shall not supplant, any other provisions of law.
(c) Any penalties paid pursuant to this section shall be deposited into the Water Recycling Research Fund established pursuant to Section 18405.

18352.
 (a) A regional board may require any person suspected of producing, wholesaling, supplying, or using recycled water in violation of Section 18220 or Section 18221, or subdivision (a) of Section 18400 to furnish information that the regional board considers relevant to determining whether a violation is occurring or has occurred.
(b) When requested by the person furnishing a report, the portions of a report that might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to governmental agencies for use in making studies. However, these portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
(c) In conducting an investigation pursuant to subdivision (a), the regional board may inspect the facilities of any person to ascertain whether the purposes of this division are being met and that water recycling permits or general permits for recycled water are being complied with. The inspection shall be made with the consent of the owner or possessor of the facilities or, if the consent is withheld, with a warrant duly issued pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency affecting the public health or safety, an inspection may be performed without consent or the issuance of a warrant.
(d) The state board may carry out the authority granted to a regional board pursuant to this section if, after consulting with the regional board, the state board determines that it will not duplicate the efforts of the regional board.

CHAPTER  9. Enforcement

18400.
 (a) A person shall not produce, wholesale, supply, or use recycled water for any purpose for which uniform water recycling criteria or drinking water criteria have been established until a water recycling permit or general permit has been issued pursuant to this division or the state board or applicable regional board determines that no such requirements or permits are necessary.
(b) Upon the refusal or failure of any person or persons producing, wholesaling, supplying, or using recycled water to comply with subdivision (a), the Attorney General, at the request of the regional board, shall petition the superior court for the issuance of a temporary restraining order, preliminary injunction, or permanent injunction, or combination thereof, as may be appropriate, prohibiting forthwith any person or persons from violating or threatening to violate the provisions of subdivision (a).
(c) Any person or persons producing, wholesaling, supplying, or using recycled water in violation of subdivision (a), after the violation has been called to his or her attention in writing by the state board or regional board, is guilty of a misdemeanor. Each day of production, wholesaling, supplying, or use of recycled water shall constitute a separate offense.
(d) Civil liability may be administratively imposed by a regional board in accordance with Sections 18401 and 18403 for a violation of subdivision (a) in an amount which shall not exceed one thousand dollars ($1,000) for each day in which the violation occurs.

18401.
 (a) Any executive officer of a regional board may issue a complaint to any person on whom administrative civil liability may be imposed pursuant to this chapter. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this chapter, and the proposed civil liability.
(b) The complaint shall be served by certified mail or in accordance with Article 3 (commencing with Section 415.10) and Article 4 (commencing with Section 416.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, and shall inform the party so served that a hearing before the regional board shall be conducted within 90 days after the party has been served. The person who has been issued a complaint may waive the right to a hearing.
(c) In proceedings under this chapter for imposition of administrative civil liability by the state board, the executive director of the state board shall issue the complaint and any hearing shall be before the state board, or before a member of the state board in accordance with Section 183, and shall be conducted not later than 90 days after the party has been served.
(d) Orders imposing administrative civil liability shall become effective and final upon issuance thereof, and are not subject to review by any court or agency except as provided by Sections 18300 and 18301. Payment shall be made not later than 30 days from the date on which the order is issued. The time for payment is extended during the period in which a person who is subject to an order seeks review under Sections 18300 and 18301. Copies of these orders shall be served by certified mail or in accordance with Article 3 (commencing with Section 415.10) and Article 4 (commencing with Section 416.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure upon the party served with the complaint and shall be provided to other persons who appeared at the hearing and requested a copy.
(e) Information relating to hearing waivers and the imposition of administrative civil liability, as proposed to be imposed and as finally imposed, under this section shall be made available to the public by means of the Internet.

18402.
 No person shall be subject to both civil liability imposed under this chapter and civil liability imposed by the superior court under Section18405 Section 18405 for the same act or failure to act.

18403.
 In determining the amount of civil liability, the regional board, and the state board upon review of any order pursuant to Section 18300, shall take into consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the release is susceptible to cleanup or abatement, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters as justice may require.

18404.
 After the time for judicial review under Section 18301 has expired, the state board may apply to the clerk of the appropriate court in the county in which the civil liability or penalty was imposed, for a judgment to collect the civil liability or penalty. The application, which shall include a certified copy of the state board or regional board action, constitutes a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.

18405.
 (a) A person who (1) violates a cease and desist order hereafter issued, reissued, or amended by a regional board or the state board pursuant to this division, or (2) in violation of a water recycling permit or other order or prohibition issued, reissued, or amended by a regional board or the state board pursuant to this division, causes or permits recycled water to be used except in accordance with a water recycling permit or other actions or provisions of this division, including overflow of recycled water from an impoundment that does not constitute storm-induced overflow as defined in this division, shall be liable civilly, and remedies may be proposed, in accordance with subdivision (c) or (d).
(b) A person shall not be liable under subdivision (a) if the release is caused solely by any one or combination of the following:
(1) An act of war.
(2) An unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(3) Negligence on the part of the state, the United States, or any department or agency thereof. However, this paragraph shall not be interpreted to provide the state, the United States, or any department or agency thereof a defense to liability for any release caused by its own negligence.
(4) An intentional act of a third party, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(5) Any other circumstance or event that causes the release despite the exercise of every reasonable precaution to prevent or mitigate the release.
(c) The court may impose civil liability either on a daily basis or on a per gallon basis, but not on both.
(1) The civil liability on a daily basis shall not exceed fifteen thousand dollars ($15,000) for each day the violation occurs.
(2) The civil liability on a per gallon basis shall not exceed twenty dollars ($20) for each gallon of recycled water released.
(d) The state board or a regional board may impose civil liability administratively pursuant to Section 18401 either on a daily basis or on a per gallon basis, but not on both.
(1) The civil liability on a daily basis shall not exceed five thousand dollars ($5,000) for each day the violation occurs.
(A) When there is a release, and a cease and desist order is issued that requires cleanup, except as provided in subdivision (e), the civil liability shall not be less than five hundred dollars ($500) for each day in which the release occurs and for each day the cease and desist order is violated.
(B) When there is no release, but an order issued by the regional board is violated, except as provided in subdivision (e), the civil liability shall not be less than one hundred dollars ($100) for each day in which the violation occurs.
(2) The civil liability on a per gallon basis shall not exceed ten dollars ($10) for each gallon of recycled water released.
(e) A regional board shall not administratively impose civil liability in accordance with paragraph (1) of subdivision (d) in an amount less than the minimum amount specified, unless the regional board makes express findings setting forth the reasons for its action based upon the specific factors required to be considered pursuant to Section 18403.
(f) The Attorney General, upon request of a regional board or the state board, shall petition the superior court to impose, assess, and recover the sums. Except in the case of a violation of a cease and desist order, a regional board or the state board shall make the request only after a hearing, with due notice of the hearing given to all affected persons. In determining the amount to be imposed, assessed, or recovered, the court shall be subject to Section 18406.
(g) A person who incurs any liability established under this section shall be entitled to contribution for that liability from a third party, in an action in the superior court and upon proof that the release was caused in whole or in part by an act or omission of the third party, to the extent that the release is caused by the act or omission of the third party, in accordance with the principles of comparative fault.
(h) (1) The Legislature hereby establishes the Water Recycling Research Fund.
(2) Notwithstanding any other law, all funds generated by the imposition of liabilities pursuant to this section shall be deposited into the Water Recycling Research Fund. These moneys shall be separately accounted for, and shall be expended by the state board, upon appropriation by the Legislature, to conduct or fund research necessary to support the continued and safe use of recycled water in the state.
(i) In lieu of assessing penalties pursuant to this section, the state board or regional board, with the concurrence of the person subject to liability in accordance with this section, may direct a portion of the amount that could have been imposed as a penalty to be expended on a supplemental environmental project. For purposes of this subdivision, “supplemental environmental project” means an environmentally beneficial project relating to water quality that a person agrees to undertake, with the approval of the regional board, that would not be undertaken in the absence of an enforcement action under this section.

18406.
 In determining the amount of civil liability to be imposed pursuant to this chapter, the superior court shall take into consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the release is susceptible to cleanup or abatement, the degree of toxicity of the release, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and such other matters as justice may require.

18407.
 If a regional board finds that recycled water is being, or may be, produced, wholesaled, supplied, or used in a manner that violates or will violate a water recycling permit or general permit prescribed by the regional board or the state board, the board may require the producer, wholesaler, supplier, or user to submit for approval of the board, with modifications as it determines necessary, a detailed time schedule of specific actions the producer, wholesaler, supplier, or user shall take in order to correct or prevent a violation of the water recycling permit or general permit.

18408.
 (a) If a regional board finds that recycled water is being, or may be, produced, wholesaled, supplied, or used in violation of a water recycling permit or general permit for recycled water, the state board or regional board, as applicable, may issue an order to cease and desist and direct that those persons not complying with the water recycling permit or general permit for recycled water comply immediately, comply in accordance with a time schedule set by the board, or take appropriate remedial or preventive action. Cease and desist orders may be issued directly by a board, after notice and hearing.
(b) Cease and desist orders shall become effective and final upon issuance. Copies shall be served immediately by personal service or by registered mail upon the person being charged with the violation of the requirements and upon other affected persons who appeared at the hearing and requested a copy.

18409.
 (a) If the regional board determines there is a threatened or continuing violation of any cease and desist order, the regional board may issue an order establishing a time schedule for compliance and prescribing a civil penalty which shall become due if compliance is not achieved in accordance with that time schedule.
(b) The amount of the civil penalty shall be based upon the amount reasonably necessary to achieve compliance, and may not include any amount intended to punish or redress previous violations. The amount of the penalty may not exceed ten thousand dollars ($10,000) for each day in which the violation occurs.
(c) Any person who fails to achieve compliance in accordance with the schedule established in an order issued pursuant to subdivision (a) shall be liable civilly in an amount not to exceed the amount prescribed by the order. The regional board may impose the penalty administratively in accordance with this chapter. If the regional board imposes the penalty in an amount less than the amount prescribed in the order issued pursuant to subdivision (a), the regional board shall make express findings setting forth the reasons for its action.
(d) The state board may exercise the powers of a regional board under this section if the violation or threatened violation involves requirements prescribed by an order issued by the state board.
(e) Funds collected pursuant to this section shall be deposited in the State Water Pollution Cleanup and Abatement Account.
(f) Civil liability may be imposed pursuant to this section only if civil liability is not imposed pursuant to Section 18405.

18410.
 (a) If the State Department of Public Health or a local health officer finds that a contamination of potable water supplies exists as a result of the use of recycled water, the department or local health officer shall order the contamination abated in accordance with the procedure provided for in Chapter 6 (commencing with Section 5400) of Part 3 of Division 5 of the Health and Safety Code.
(b) The use of recycled water in accordance with the uniform water recycling criteria established pursuant to Section 18020, and drinking water criteria established pursuant to Section 18031, for the purpose of this section, is presumed not to cause, constitute, or contribute to, any form of contamination. If new information becomes available or circumstances materially change, the regional board may reopen, revise, and reissue the water recycling permit.

CHAPTER  10. Funding

18450.
 The department may assist local agencies and public utilities providing water service in applying for, and in obtaining approval of, federal and state funding and permits for cost-effective water recycling projects and shall confer and cooperate with the state board during the application and approval process.

18451.
 To implement the policy declarations of this division, the state board is authorized to provide loans for the development of water recycling facilities, or for studies and investigations in connection with water recycling, pursuant to the provisions of Chapter 6 (commencing with Section 13400) of Division 7.

18452.
 In administering any statewide program of financial assistance for water pollution or water quality control delegated to it pursuant to Chapter 6 (commencing with Section 13400) of Division 7, the state board shall give added consideration to water quality control facilities providing optimum water recycling and use of recycled water.

SEC. 25.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.