Bill Text: CA AB1200 | 2013-2014 | Regular Session | Enrolled
Bill Title: Recycled water: agricultural irrigation impoundments: pilot project.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB1200 Detail]
Download: California-2013-AB1200-Enrolled.html
BILL NUMBER: AB 1200 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 3, 2013
PASSED THE ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN SENATE AUGUST 27, 2013
AMENDED IN SENATE AUGUST 19, 2013
AMENDED IN SENATE JULY 2, 2013
AMENDED IN ASSEMBLY MAY 22, 2013
AMENDED IN ASSEMBLY MAY 8, 2013
AMENDED IN ASSEMBLY APRIL 9, 2013
INTRODUCED BY Assembly Member Levine
FEBRUARY 22, 2013
An act to add and repeal Chapter 7.7 (commencing with Section
13590) of Division 7 of the Water Code, relating to recycled water.
LEGISLATIVE COUNSEL'S DIGEST
AB 1200, Levine. Recycled water: agricultural irrigation
impoundments: pilot project.
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.
This bill would, before October 1, 2014, and until January 1,
2018, permit the San Francisco Bay Regional Water Quality Board to
authorize a voluntary pilot project for the purposes of investigating
potential water quality impacts associated with maximizing the
supplementation of agricultural irrigation impoundments with
disinfected tertiary treated recycled water, if the regional board
finds that the proposed pilot project satisfies specified criteria.
This bill would require the pilot project to include a stakeholder
advisory group, composed as prescribed, to review and provide input
on pilot project design, implementation, and data analysis. This bill
would require a prescribed final report to be issued to the San
Francisco Bay Regional Water Quality Control Board and the state
board, as specified, and upon review of the final report would
authorize the regional board to develop a formula for future waste
discharge requirements to be issued for similar purposes and report
to the state board and the Legislature with any recommendations, as
prescribed.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California faces increasing demands on its freshwater
resources. These demands are compounded by a growing state
population, limited groundwater and surface water supplies, increased
ecosystem conflicts, and a changing climate.
(b) Water recycling represents a tremendous opportunity to
increase California's water supply and to overcome the growing water
resource challenges that threaten continued economic, ecosystem, and
community prosperity.
(c) Recognizing the opportunity presented by water recycling, the
State Water Resources Control Board adopted a recycled water policy
in 2009 that mandates an increase in annual recycled water use by
200,000 acre-feet by 2020. The board also adopted a goal of
increasing the use of recycled water over 2002 levels by one million
acre-feet per year by 2020.
(d) Sonoma Valley County Sanitation District in the County of
Sonoma produces an average of 3.5 million gallons of tertiary
recycled water daily, much of which is produced in the winter months
and discharged to a tributary to San Pablo Bay.
(e) The Napa Sanitation District in the County of Napa produces
612 million gallons annually of tertiary treated recycled water.
(f) In order to maximize the beneficial use of this resource in
the Counties of Napa and Sonoma and in order to help inform future
regulatory frameworks for the use of recycled water across
California, it is in the state's interest to promote pilot projects
intended to quantify the impacts and benefits of innovative recycled
water projects.
SEC. 2. Chapter 7.7 (commencing with Section 13590) is added to
Division 7 of the Water Code, to read:
CHAPTER 7.7. AGRICULTURAL IRRIGATION IMPOUNDMENTS PILOT
PROJECT
13590. Before October 1, 2014, the San Francisco Bay Regional
Water Quality Control Board may authorize a voluntary pilot project
for the purposes of investigating potential water quality impacts and
water supply benefits associated with maximizing the supplementation
of agricultural irrigation impoundments with disinfected tertiary
treated recycled water, if the San Francisco Bay Regional Water
Quality Control Board finds that the proposed pilot project satisfies
all of the following criteria:
(a) The pilot project is consistent with any applicable waste
discharge requirements, including, but not limited to, having a NPDES
permit, pursuant to Section 1251 et seq. of Title 33 of the United
States Code for discharges covered by the pilot project, and performs
all tasks as needed to obtain the NPDES permit, including, but not
limited to, preproject modeling and habitat evaluations, and other
data collection efforts.
(b) The pilot project shall measure, analyze, and report water
quality data collected upstream and downstream of agricultural
irrigation impoundments before, during, and following at least five
storm events that result in the release of commingled disinfected
tertiary recycled water and surface water runoff from up to four
agricultural irrigation impoundments into waters of the state.
(c) The pilot project includes a process for selecting up to four
existing agricultural irrigation impoundments within the Counties of
Napa and Sonoma for the purposes of the pilot project. A selected
agricultural irrigation impoundment shall meet all of the following
requirements:
(1) Have existed prior to January 1, 2013.
(2) Be not more than 200 acre-feet in volume.
(3) Be within a primarily agricultural region that currently
receives disinfected tertiary treated recycled water, consistent with
any waste discharge requirements, for the purposes of discharge,
agricultural irrigation, and ecosystem restoration.
(d) The pilot project is designed to measure, analyze, and report
at least the following water quality and environmental parameters:
(1) Constituents addressed by total maximum daily loads completed
for the San Francisco Bay, Napa River watershed, and the Sonoma Creek
watershed, including, but not limited to, mercury, Polychlorinated
biphenyls, pathogens, nutrients, and selenium.
(2) Constituents associated with municipal recycled water,
including, but not limited to, total suspended solids, total ammonia,
copper, pH, temperature, biochemical oxygen demand, total chlorine
residual, copper, nickel, and cyanide.
(e) The pilot project incorporates a stakeholder advisory group to
review and provide input on pilot project design, implementation,
and data analysis, and consists of the following membership:
(1) One representative from each of three nongovernmental
organizations focused on San Francisco Bay region water quality and
habitat issues.
(2) One representative from a regional agricultural organization.
(3) Two private landowners.
(4) A representative from the Sonoma Valley County Sanitation
District.
(5) A representative from the Napa Sanitation District.
(6) A representative from the Sonoma County Water Agency.
(7) A representative from the San Francisco Bay Regional Water
Quality Control Board.
(f) The pilot project will include an analysis of local water
management implications associated with increasing the use of
recycled water for agricultural irrigation impoundments, including,
but not limited to, reduced reliance on surface and groundwater
resources, reduced ecosystem conflicts, and increased local
resilience to climate change.
(g) The project proponents have identified and secured funding for
all costs associated with the development and implementation of the
pilot project.
13591. (a) Within 12 months of final data collection pursuant to
the pilot project authorized in Section 13590, data shall be analyzed
and compiled and a draft report shall be made available for
stakeholder advisory group review.
(b) A final report shall be issued to the San Francisco Bay
Regional Water Quality Control Board and the state board within three
months of the release of the draft report pursuant to subdivision
(a) and shall include consideration of comments made by the
stakeholder advisory group.
(c) (1) Upon review of the final report, the San Francisco Bay
Regional Water Quality Control Board may work to develop a formula
for future waste discharge requirements to be issued for similar
purposes and report to the state board and the Legislature with any
recommendations for similar policies within the regional board's
region or statewide.
(2) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
13592. This chapter shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
