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AB-574 Potable reuse.(2017-2018)

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Date Published: 03/23/2017 09:00 PM
AB574:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 574


Introduced by Assembly Member Quirk

February 14, 2017


An act to amend Sections 13560 and 13561 of, to amend the heading of Chapter 7.3 (commencing with Section 13560) of Division 7 of, and to add Section Sections 13560.5 and 13561.2 to, the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 574, as amended, Quirk. Potable reuse.
Existing law establishes the State Water Resources Control Board and the California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law required the State Department of Public Health to, on or before December 31, 2013, adopt uniform water recycling criteria for indirect potable reuse for groundwater recharge. Existing law also required 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 found that the criteria would adequately protect public health health, and required the department to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse and to provide a final report on that investigation to the Legislature by December 31, 2016. Existing law defined the terms “direct potable reuse,” “indirect potable reuse for groundwater recharge,” and “surface water augmentation” for these purposes. Existing law transferred these powers and responsibilities to the State Water Resources Control Board on July 1, 2014.
This bill would remove certain references to “direct potable reuse,” “indirect potable reuse for groundwater recharge,” and “surface water augmentation,” and would instead specify the four different types of potable reuse projects as “potable reuse through groundwater augmentation,” “potable reuse through reservoir augmentation,” “ potable reuse through raw water augmentation,” and “potable reuse through treated water augmentation.” “groundwater augmentation,” “reservoir augmentation,” “raw water augmentation,” and “treated water augmentation.”
The bill would require the state board, on or before June 1, 2018, to establish a framework for the regulation of potable reuse projects that includes specified elements. The bill would require the state board, on or before December 31, 2021, to adopt uniform water recycling criteria for potable reuse through raw water augmentation, as specified, and would allow the board to extend this date if certain criteria is met. The bill would permit the state board to adopt the uniform water recycling criteria as emergency regulations, as specified.
This bill would make certain findings and declarations relating to potable reuse. reuse, including a finding that the state board, on or before June 1, 2018, should establish a framework for the regulation of potable reuse projects.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The heading of Chapter 7.3 (commencing with Section 13560) of Division 7 of the Water Code is amended to read:
CHAPTER  7.3. Potable Reuse

SEC. 2.

 Section 13560 of the Water Code is amended to read:

13560.
 The Legislature finds and declares the following:
(a) In February 2009, the state board unanimously adopted, as Resolution No. 2009-0011, an updated water recycling policy, which includes the goal of increasing the use of recycled water in the state over 2002 levels by at least 1,000,000 acre-feet per year by 2020 and by at least 2,000,000 acre-feet per year by 2030.
(b) Section 13521 requires the department to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health.
(c) Achievement of the state’s goals depends on the timely development of uniform statewide recycling criteria for potable water reuse and of a clear pathway for approval of potable reuse projects.
(d) This chapter is not intended to delay, invalidate, or reverse any study or project, or development of regulations by the department, the state board, or the regional boards regarding the use of recycled water for potable reuse.
(e) This chapter shall not be construed to delay, invalidate, or reverse the state board’s ongoing review of projects consistent with Section 116551 of the Health and Safety Code.
(f) The water recycling goals of 700,000 acre-feet of water per year by the year 2000 and 1,000,000 acre-feet of water per year by the year 2010, established in Section 13577, have not been met.
(g) It is the intent of the Legislature to encourage the development of potable reuse to mitigate the impact of long-term drought and climate change.
(h) A 2014 report by the WateReuse Research Foundation, “The Opportunities and Economics of Direct Potable Reuse” found that potable reuse could provide up to 1.1 million acre-feet per year of new drinking water supplies for California.
(i) The state board adopted uniform water recycling criteria for the replenishment of groundwater basins in June 2014 and is developing uniform water recycling criteria for the augmentation of surface water reservoirs pursuant to Section 13562.
(j) The state board report to the Legislature titled, Legislature, “Investigation on the Feasibility of Developing Uniform Water Recycling Criteria for Direct Potable Reuse” Reuse, found that it is feasible to develop uniform water recycling criteria for direct potable reuse that is protective of public health.
(k) The state board report to the Legislature stated that the state board should develop a common framework across various types of direct potable reuse projects to help avoid discontinuities in the risk assessment and then sequentially develop uniform water recycling criteria.

SEC. 3.

 Section 13560.5 is added to the Water Code, to read:

13560.5.
 The Legislature finds and declares that on or before June 1, 2018, the state board should establish a framework for the regulation of potable reuse projects. When establishing the framework, the state board should include all of the following:
(a) The consideration of recommendations provided in the state board’s “Investigation on the Feasibility of Developing Uniform Water Recycling Criteria for Direct Potable Reuse.”
(b) A schedule for completing the recommended research described in “Investigation on the Feasibility of Developing Uniform Water Recycling Criteria for Direct Potable Reuse.”
(c) A regulatory framework for potable reuse projects that will be protective of public health.
(d) A process and timeline for updating, if necessary, uniform water recycling criteria for potable reuse through reservoir augmentation.

SEC. 3. SEC. 4.

 Section 13561 of the Water Code is amended to read:

13561.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Department” or “state board” means the State Water Resources Control Board.
(b) “Potable reuse” means the planned treatment use of municipal wastewater that has gone through multiple barrier treatment processes to produce or supplement a drinking water supply that has at least an equivalent level of public health protection as other sources of water supply permitted under the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code). A potable reuse project is any one of the following:
(1) “Potable reuse through groundwater “Groundwater augmentation” means the planned use placement of recycled water for replenishment of a groundwater basin or an aquifer that has been designated as the source of water supply for a public water system, as defined in Section 116275 of the Health and Safety Code.
(2) “Potable reuse through reservoir “Reservoir augmentation” means the planned placement of recycled water into a raw surface water reservoir used as a source of domestic drinking water supply for a public water system, as defined in Section 116275 of the Health and Safety Code.

(3)“Potable reuse through raw water augmentation” means the planned placement of recycled water into a raw or untreated water distribution system serving a public water system, as defined in Section 116275 of the Health and Safety Code, upstream of a drinking water treatment plant.

(3) “Raw water augmentation” means the planned placement of recycled water into a system of pipelines or aqueducts that deliver raw water to a drinking water treatment plan that provides water to a public water system, as defined in Section 116275 of the Health and Safety Code.
(4) “Potable reuse through treated “Treated water augmentation” means the planned introduction placement of recycled water into the treated water distribution system of a public water system, as defined in Section 116275 of the Health and Safety Code.
(c) “Uniform water recycling criteria” has the same meaning as in Section 13521.

SEC. 4. SEC. 5.

 Section 13561.2 is added to the Water Code, to read:
13561.2.

(a)On or before June 1, 2018, the state board shall establish a framework for the regulation of potable reuse projects. When establishing the framework, the state board shall include all of the following:

(1)The consideration of the recommendations in the state board’s “Investigation on the Feasibility of Developing Uniform Water Recycling Criteria for Direct Potable Reuse.”

(2)A schedule for completing the recommended research described in the state board’s report, “Investigation on the Feasibility of Developing Uniform Water Recycling Criteria for Direct Potable Reuse.”

(3)A regulatory framework for potable reuse projects that will be protective of public health.

(4)A process and timeline for updating, if necessary, uniform water recycling criteria for potable reuse through reservoir augmentation.

(5)A declaration of the state board’s authority to permit potable reuse projects pursuant to Section 116550 of the Health and Safety Code before the adoption of uniform recycling criteria pursuant to subdivision (b).

(b)

13561.2.
 (a) (1) On or before December 31, 2021, the state board shall adopt uniform water recycling criteria for potable reuse through raw water augmentation. The state board shall develop the uniform water recycling criteria after soliciting stakeholder input from water agencies, wastewater agencies, local public health officers, environmental organizations, environmental justice organizations, public health nongovernmental organizations, and the business community.
(2) If the state board finds that the recommended research described in paragraph (2) of subdivision (a) (b) of Section 13560.5 is insufficient to adopt the uniform water recycling criteria by December 31, 2021, the state board may, by June 30, 2021, extend the uniform water recycling criteria deadline by up to 18 months.
(3) If the state board finds that it needs longer than the date specified in paragraph (2), the state board shall do both of the following:
(A) Consult with an independent expert review panel to determine why the additional 18-month extension cannot be met. The review panel shall also make the following determinations:
(i) The outstanding tasks necessary for the state board to complete the uniform water recycling criteria.
(ii) A revised completion date for the state board to complete the uniform water recycling criteria.
(B) No later than December 31, 2021, submit to the Legislature the findings and determinations made by the independent expert review panel under subparagraph (A).
(b) Nothing in this section shall prohibit the state board from using its existing authority to permit potable reuse projects pursuant to Section 116550 of the Health and Safety Code before the adoption of uniform recycling criteria pursuant to this section.
(c) Regulations adopted by the state board pursuant to this section, and any amendment thereto, shall be adopted as emergency regulations 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 shall remain in effect until revised by the state board. Before adopting the regulations under this section, the state board shall allow for public comment and hearing. The state board shall provide an opportunity for public review and comment on the proposed regulations for at least 60 days and shall consider public comments before adopting the regulations.