Today's Law As Amended

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AB-869 Sustainable water use and demand reduction: recycled water.(2017-2018)



SECTION 1.

 Section 1058.6 is added to the Water Code, to read:

1058.6.
 Water conservation does not include curtailment of use of recycled water.

SEC. 2.

 Section 10609.1 is added to the Water Code, to read:

10609.1.
 Long-term standards for urban water conservation and water use adopted by direction of statute after January 1, 2018, shall include a credit for recycled water as set forth below:
(a) For an outdoor irrigation standard, nonpotable recycled water shall be given a special landscape allowance as set forth in the department’s Model Water Efficient Landscape Ordinance, except that the allowance shall include a variance to the standard that allows recycled water to be applied at an agronomic rate that is a rate of application of recycled water that is necessary to satisfy the watering and nutritional requirements of the plants and is in compliance with any applicable salt and nutrient management plan.
(b) An urban water supplier shall receive a credit for the volume of its potable water reuse, on an acre-foot basis, to meet its water use target.

SEC. 3.

 Section 13551.5 is added to the Water Code, to read:

13551.5.
 (a) It is the intent of the Legislature in enacting Assembly Bill 869 of the 2016–17 Regular Session to do all of the following:
(1) Encourage continued investment in water reuse as a means to increase water supply reliability and diversification within the state.
(2) Encourage new investment and protect existing local investments made by urban water suppliers in drought resiliency and drought resilient supplies, including investment in recycled water and potable reuse, in order to better prepare local communities and the state for periods of drought and shortage.
(3) Expand the volume of water recycled to put to beneficial use in the state through new investments in water recycling.
(4) Recognize that federal and state regulation of recycled water requires efficient use of recycled water and prohibits overuse.
(5) Encourage local agencies to take steps to prepare for the effects of climate change.
(b) An urban retail water supplier shall not be required to reduce the amount of recycled water it produces, sells, or distributes for beneficial potable or nonpotable uses (1) during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on statewide or local drought conditions, (2) pursuant to Chapter 3.3 (commencing with Section 365) of Division 1, or (3) during a water shortage emergency condition pursuant to Chapter 3 (commencing with Section 350) of Division 1.
(c) For purposes of this section, “urban retail water supplier” and “recycled water” have the same meanings as provided in Section 10608.12.
(d) Nothing in this section shall be construed to supersede, diminish, alter, impair, or otherwise affect any existing rights, including, but not limited to, existing legal protections, both procedural and substantive, under water rights law.