Bill Text: CA AB2776 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transfers of water: agricultural use to municipal use.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Engrossed - Dead) 2010-08-10 - From committee without further action pursuant to Joint Rule 62(a). [AB2776 Detail]
Download: California-2009-AB2776-Amended.html
Bill Title: Transfers of water: agricultural use to municipal use.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Engrossed - Dead) 2010-08-10 - From committee without further action pursuant to Joint Rule 62(a). [AB2776 Detail]
Download: California-2009-AB2776-Amended.html
BILL NUMBER: AB 2776 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2010
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Committee on Water, Parks and Wildlife (Huffman
(Chair), Arambula, Blumenfield, Caballero, Bonnie Lowenthal, Salas,
and Yamada)
(Coauthors: Assembly Members Tom Berryhill, Fletcher, and Fuller)
MARCH 1, 2010
An act to amend Section 17516 of the Government Code, and to amend
Sections 175, 182, 186, 1055, 1055.2, 1228.5, 1228.7,
1241, 1241.6, 1410, 1525, 1675, 1701.3, 1703.6,
1825, 13176, 13193, 13204, 13220, 13261, 13274,
13285, 13291, 13304.1, 13320, 13376, 13392, 13392.5,
13395.5, 13396.7, 13426, 13442, 13521, 13522, 13523,
13523.1, 13528, 13540, 13550, 13552.4, 13553, 13576,
13578, 13580.9, 13627, and 13627.4
13627.4, 13755, 13800, 13801, 13903, 13904, and 13952.1 of, to
amend the headings of Article 1 (commencing with Section 13300) and
Article 2 (commencing with Section 13320) of Chapter 5 of Division 7
of, to amend and renumber Section 13274 of, to add Section 13248 to,
and to repeal Sections 1062 and 1241.5 of, the Water Code, relating
to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2776, as amended, Committee on Water, Parks and Wildlife.
Water.
(1) Existing law establishes 9 California regional water quality
control boards. Each regional board consists of 9 members who are
appointed by the Governor and who serve 4-year terms.
This bill would extend the terms of 2 board members on each
regional board, as specified, to September 30, 2014.
(2) Existing law requires that, prior to the indoor use of
recycled water in a condominium project, the agency delivering the
recycled water to the condominium project file a report with the
regional board and receive written approval of the report from the
State Department of Public Health.
This bill instead would require the agency to file the report with
the State Department of Public Health.
(3) This bill would update cross-references in, and delete
obsolete provisions of, the Water Code, and make various other
technical or clarifying changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17516 of the Government Code is amended to
read:
17516. "Executive order" means an order, plan, requirement, rule,
or regulation issued by any of the following:
(a) The Governor.
(b) An officer or official serving at the pleasure of the
Governor.
(c) An agency, department, board, or commission of state
government.
SEC. 2. Section 175 of the Water Code is amended to read:
175. (a) There is in the California Environmental Protection
Agency the State Water Resources Control Board consisting of five
members appointed by the Governor. One of the members appointed shall
be an attorney admitted to practice law in this state who is
qualified in the fields of water supply and water rights, one shall
be a registered civil engineer under the laws of this state who is
qualified in the fields of water supply and water rights, one shall
be a registered professional engineer under the laws of this state
who is experienced in sanitary engineering and who is qualified in
the field of water quality, and one shall be qualified in the field
of water quality. One of the above-appointed persons, in addition to
having the specified qualifications, shall be qualified in the field
of water supply and water quality relating to irrigated agriculture.
One member shall not be required to have specialized experience.
(b) Each member shall represent the state at large and not any
particular portion thereof and shall serve full time. The board
shall, to the extent possible, be composed of members from different
regions of the state. The appointments so made by
the Governor shall be subject to confirmation by the Senate in
accordance with Article 2 (commencing with Section 1770) of Chapter 4
of Division 4 of Title 1 of the Government Code.
SEC. 3. Section 182 of the Water Code
is amended to read:
182. The Governor shall designate the chairman
chairperson of the board from the membership of the board.
The person so designated shall hold the office of chairman
chairperson at the pleasure of the Governor. The
board shall elect a vice chairman
chairperson .
SEC. 4. Section 186 of the Water Code
is amended to read:
186. (a) The board shall have any powers, and may employ any
legal counsel and other personnel and assistance, that may be
necessary or convenient for the exercise of its duties authorized by
law.
(b) For the purpose of administration, the board shall organize
itself, with the approval of the Governor, in the manner it deems
necessary properly to segregate and conduct the work of the board.
The work of the board shall be divided into at least two divisions,
known as the Division of Water Rights and the Division of Water
Quality. The board shall appoint a deputy director or division
chief of for each division, who
shall supervise the work thereof of the
division and act as technical adviser to the board on functions
under his or her jurisdiction.
(c) The Attorney General shall represent the board, or any
affected regional water quality control board, or both the board and
the regional board, and the state in litigation concerning affairs of
the board, or a regional board, or both, unless the Attorney General
represents another state agency that is a party to the action. In
that case, the Attorney General may represent the board, the regional
board, or both, with the written consent of the board and the other
state agency, the board may contract for the services of private
counsel to represent the board, the regional board, or both, subject
to Section 11040 of the Government Code, or the legal counsel of the
board may represent the board, the regional board, or both. Sections
11041, 11042, and 11043 of the Government Code are not applicable to
the board. The legal counsel of the board shall advise and furnish
legal services, except representation in litigation, to the regional
boards upon their request.
SEC. 5. Section 1055 of the Water Code
is amended to read:
1055. (a) The executive director of the board may issue a
complaint to any person or entity on which administrative civil
liability may be imposed pursuant to Section 1052, Section
1536, Section 1845, or Section 5107. The
complaint shall allege the act or failure to act that constitutes a
trespass or violation, the provision of law authorizing civil
liability to be imposed, and the proposed civil liability.
(b) The complaint shall be served by personal notice or certified
mail, and shall inform the party served that the party may request a
hearing not later than 20 days from the date the party was served.
The hearing shall be before the board or a member of the
board as it may specify , in accordance with
Section 183 .
(c) After any hearing, the member shall report a proposed decision
and order to the board and shall supply a copy to the party served
with the complaint, the board's executive director, and any other
person requesting a copy. The member of the board acting as hearing
officer may sit as a member of the board in deciding the matter. The
board, after making an independent review of the record and taking
any additional evidence as may be necessary that could not reasonably
have been offered before the hearing officer, may adopt, with or
without revision, the proposed decision and order.
(c) The board, after a necessary hearing, may adopt an order
setting administrative civil liability, or determining that a
liability shall not be imposed.
(d) Orders setting administrative civil liability shall become
effective and final upon issuance thereof and payment shall be made.
SEC. 3. SEC. 6. Section 1055.2 of
the Water Code is amended to read:
1055.2. A person or entity shall not be subject to both civil
liability imposed under Section 1055 and civil liability imposed by
the superior court under Section 1052 or 1845 for the same act or
failure to act.
SEC. 4. SEC. 7. Section 1062 of the
Water Code is repealed.
SEC. 5. SEC. 8. Section 1228.5 of
the Water Code is amended to read:
1228.5. (a) Registration of a small domestic or livestock
stockpond use pursuant to this article shall be renewed prior to the
expiration of each five-year period following completed registration.
(b) Renewal of registration shall be made upon a form prescribed
by the board and shall contain a report of water use made pursuant to
the registration as may be required by the board.
(c) The conditions established by the board pursuant to Section
1228.6 that are in effect at the time of renewal of registration
shall supersede the conditions that were applicable to the original
completed registration.
(d) Failure to renew registration in substantial compliance with
the reporting requirements prescribed by the board within the time
period specified in subdivision (a), or to pay the renewal fee
specified in Section 1525, shall result by operation of law in the
revocation of any right acquired pursuant to this article.
SEC. 6. SEC. 9. Section 1228.7 of
the Water Code is amended to read:
1228.7. (a) A registrant may change the point of diversion or
place of use by delivering to the board an amended registration form
in accordance with Section 1228.3, including payment of the
registration fee specified in Section 1525, except that the purpose
of the use shall not be changed and the change shall not operate to
the injury of any legal user of the water involved.
(b) A completed amended registration of water use continues in
effect the priority of right as of the date of the original completed
registration.
(c) All provisions of this article regarding appropriations made
pursuant thereto, including, but not limited to, provisions regarding
enforcement, are applicable to the appropriation as described in the
completed amended registration, except that the conditions
established by the board pursuant to Section 1228.6 that are in
effect at the time of completion of the amended registration shall
supersede the conditions that were applicable to the original
completed registration.
SEC. 7. SEC. 10. Section 1241 of the
Water Code is amended to read:
1241. When the person entitled to the use of water fails to use
beneficially all or any part of the water claimed by him or her, for
which a right of use has vested, for the purpose for which it was
appropriated or adjudicated, for a period of five years, that unused
water may revert to the public and shall, if reverted, be regarded as
unappropriated public water. That reversion shall occur upon a
finding by the board following notice to the permittee, licensee, or
person holding a livestock stockpond certificate or small domestic or
livestock stockpond use registration under this part and a public
hearing if requested by the permittee, licensee, or
certificate certificate holder, or registration
holder.
SEC. 8. SEC. 11. Section 1241.5 of
the Water Code is repealed.
SEC. 9. SEC. 12. Section 1241.6 of
the Water Code is amended to read:
1241.6. When water appropriated for irrigation purposes is not
used by reason of compliance with crop control or soil conservation
contracts with the United States, and in other cases of hardship as
the board may by rule prescribe, the five-year forfeiture period
applicable to water appropriated pursuant to the Water Commission Act
or this code, and the forfeiture period applicable to water
appropriated prior to December 19, 1914, shall be extended by an
additional period of not more than 10 years or the duration of any
crop control or soil conservation contracts with the United States if
less than 10 years.
SEC. 10. SEC. 13. Section 1410 of
the Water Code is amended to read:
1410. (a) There shall be cause for revocation of a permit if the
work is not commenced, prosecuted with due diligence, and completed
or the water applied to beneficial use as contemplated in the permit
and in accordance with this division and the rules and regulations of
the board.
(b) A permit may be revoked upon request of the permittee or under
either of the following procedures:
(1) If, after a hearing on a petition for extension of time to
complete a project and apply water to beneficial use, the board finds
that cause exists to revoke the permit, the board may revoke the
permit.
(2) If, after an investigation other than a hearing on a petition
for extension of time, it appears that cause exists to revoke a
permit, the board shall give notice of proposed revocation in
writing, mailed in a sealed, prepaid postage and certified letter to
the permittee at his or her last known address. If the permittee
fails to request a hearing with the time provided under Section
1410.1, the board shall revoke the permit and declare the water
subject to appropriation. After a hearing, when a hearing is
requested by the permittee pursuant to Section 1410.1, the board may,
upon a finding that cause exists, revoke the permit and declare the
water subject to appropriation.
SEC. 14. Section 1525 of the Water Code
is amended to read:
1525. (a) Each person or entity who that
holds a permit or license to appropriate water, and each lessor
of water leased under Chapter 1.5 (commencing with Section 1020) of
Part 1, shall pay an annual fee according to a fee schedule
established by the board.
(b) Each person or entity who that
files any of the following shall pay a fee according to a fee
schedule established by the board:
(1) An application for a permit to appropriate water.
(2) A registration of appropriation for a small domestic use or
livestock stockpond use .
(3) A petition for an extension of time within which to begin
construction, to complete construction, or to apply the water to full
beneficial use under a permit.
(4) A petition to change the point of diversion, place of use, or
purpose of use, under a permit or license.
(5) A petition to change the conditions of a permit or license,
requested by the permittee or licensee, that is not otherwise subject
to paragraph (3) or (4).
(6) A petition to change the point of discharge, place of use, or
purpose of use, of treated wastewater, requested pursuant to Section
1211.
(7) An application for approval of a water lease agreement.
(8) A request for release from priority pursuant to Section 10504.
(9) An application for an assignment of a state-filed application
pursuant to Section 10504.
(c) The board shall set the fee schedule authorized by this
section so that the total amount of fees collected pursuant to this
section equals that amount necessary to recover costs incurred in
connection with the issuance, administration, review, monitoring, and
enforcement of permits, licenses, certificates, and registrations to
appropriate water, water leases, and orders approving changes in
point of discharge, place of use, or purpose of use of treated
wastewater. The board may include, as recoverable costs, but is not
limited to including, the costs incurred in reviewing applications,
registrations, petitions , and requests, prescribing terms
of permits, licenses, registrations, and change orders, enforcing
and evaluating compliance with permits, licenses, certificates,
registrations, change orders, and water leases, inspection,
monitoring, planning, modeling, reviewing documents prepared for the
purpose of regulating the diversion and use of water, applying and
enforcing the prohibition set forth in Section 1052 against the
unauthorized diversion or use of water subject to this division, and
the administrative costs incurred in connection with carrying out
these actions.
(d) (1) The board shall adopt the schedule of fees authorized
under this section as emergency regulations in accordance with
Section 1530.
(2) For filings subject to subdivision (b), the schedule may
provide for a single filing fee or for an initial filing fee followed
by an annual fee, as appropriate to the type of filing involved, and
may include supplemental fees for filings that have already been
made but have not yet been acted upon by the board at the time the
schedule of fees takes effect.
(3) The board shall set the amount of total revenue collected each
year through the fees authorized by this section at an amount equal
to the revenue levels set forth in the annual Budget Act for
this activity the amounts appropriated by the
Legislature for expenditure for support of water rights program
activities from the Water Rights Fund established under Section 1550,
taking into account the reserves in the Water Rights Fund .
The board shall review and revise the fees each fiscal year as
necessary to conform with the revenue levels set forth in
the annual Budget Act amounts appropriated . If
the board determines that the revenue collected during the preceding
year years was greater than, or less
than, the revenue levels set forth in the annual Budget Act
amounts appropriated , the board may further
adjust the annual fees to compensate for the over or under collection
of revenue.
(e) Annual fees imposed pursuant to this section for the 2003-04
fiscal year shall be assessed for the entire 2003-04 fiscal year.
SEC. 11. SEC. 15. Section 1675 of
the Water Code is amended to read:
1675. (a) If, at any time after a license is issued, the board
finds that the licensee has not put the water granted under the
license to a useful or beneficial purpose in conformity with this
division or that the licensee has ceased to put the water to that
useful or beneficial purpose, or that the licensee has failed to
observe any of the terms and conditions in the license, the board may
revoke the license and declare the water to be subject to
appropriation in accordance with this part.
(b) The board may revoke the license upon request of the licensee
or after due notice to the licensee and after a hearing, when a
hearing is requested by the licensee pursuant to Section 1675.1.
(c) As used in this section "licensee" includes the heirs,
successors, or assigns of the licensee.
SEC. 12. SEC. 16. Section 1701.3 of
the Water Code is amended to read:
1701.3. (a) After a petition is filed, the board may request
additional information reasonably necessary to clarify, amplify,
correct, or otherwise supplement the information required to be
submitted under this chapter. The board shall provide a reasonable
period for submitting the information.
(b) The additional information may include, but need not be
limited to, any of the following:
(1) Information needed to demonstrate that the change will not
injure any other legal user of water.
(2) Information needed to demonstrate that the change will comply
with any applicable requirements of the Fish and Game Code or the
federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).
(3) Information needed to comply with Division 13 (commencing with
Section 21000) of the Public Resources Code.
SEC. 17. Section 1703.6 of the Water
Code is amended to read:
1703.6. (a) The board may cancel a protest or petition for
failure to provide information requested by the board under this
article chapter within the period
provided.
(b) Except as provided in subdivisions (c) and (d), the board
may shall not cancel a protest for
failure to submit information not in the possession or under the
control of the protestant if the protest meets the requirements of
Section 1703.2 and the petitioner is or could be required to submit
the information under Section 1701.1, 1701.2, and
or 1701.3.
(c) If a protest is based on injury to a legal user of water, the
board may cancel the protest if the protestant fails to submit any of
the following information requested by the board:
(1) Information that the protestant is required to submit to the
board to comply with Part 5.1 (commencing with Section 5100) during
any period after the protest is filed.
(2) Information that is reasonably necessary to determine if the
protestant has a valid water right is a le
gal user of water .
(3) Information concerning the protestant's historical, current,
or proposed future diversion and use of water that is reasonably
necessary to determine if the proposed change will result in injury
to the protestant's exercise of its water right or other legal
use of water .
(d) If the protest is based on an allegation other than injury to
a legal user of water, the board may cancel the protest for failure
to submit information requested by the board if the board determines
both of the following:
(1) The public review period has expired for any draft
environmental document or negative declaration required to be
circulated for public review and comment pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.
(2) In the absence of the requested information, there is no
substantial evidence in light of the whole record to support the
allegation.
(e) If a protest is subject to both subdivisions (c) and (d), the
part of the protest subject to subdivision (c) may be canceled
pursuant to subdivision (c) and the part of the protest subject to
subdivision (d) may be canceled pursuant to subdivision (d).
SEC. 13. SEC. 18. Section 1825 of
the Water Code is amended to read:
1825. It is the intent of the Legislature that the state should
take vigorous action to enforce the terms and conditions of permits,
licenses, certifications, and registrations to appropriate water, to
enforce state board orders and decisions, and to prevent the unlawful
diversion of water.
SEC. 19. Section 13176 of the Water
Code is amended to read:
13176. (a) The analysis of any material required by this division
shall be performed by a laboratory that has accreditation or
certification pursuant to Article 3 (commencing with Section 100825)
of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.
(b) No A person or public entity of
the state shall not contract with a laboratory for
environmental analyses for which the State Department of
Health Services Public Health requires
accreditation or certification pursuant to this chapter, unless the
laboratory holds a valid certification or accreditation.
SEC. 20. Section 13193 of the Water
Code is amended to read:
13193. (a) As used in this section, the following terms have the
following meanings:
(1) "Collection system owner or operator" means the public or
private entity having legal authority over the operation and
maintenance of, or capital improvements to, the sewer collection
system.
(2) "GIS" means Geographic Information System.
(b) On or before January 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, the state board, in
consultation with representatives of cities, counties, cities and
counties, special districts, public interest groups, the State
Department of Health Services Public Health
, and the regional boards shall develop a uniform overflow event
report form to be used for reporting of sanitary sewer system
overflows as required in subdivision (c). This event report form
shall include, but not be limited to, all of the following:
(1) The cause of the overflow. The cause shall be specifically
identified, unless there is an ongoing investigation, in which case
it shall be identified immediately after completion of the
investigation. The cause shall be identified, at a minimum, as
blockage, infrastructure failure, pump station failure, significant
wet weather event, natural disaster, or other cause, which shall be
specifically identified. If the cause is identified as a blockage,
the type of blockage shall be identified, at a minimum, as roots,
grease, debris, vandalism, or multiple causes of which each should be
identified. If the cause is identified as infrastructure, it shall
be determined, at a minimum, whether the infrastructure failure was
due to leaks, damage to, or breakage of, collection system piping or
insufficient capacity. If the cause is identified as a significant
wet weather event or natural disaster, the report shall describe both
the event and how it resulted in the overflow. If the precise cause
cannot be identified after investigation, the report shall include a
narrative explanation describing the investigation conducted and
providing the information known about the possible causes of the
overflow.
(2) An estimate of the volume of the overflow event.
(3) Location of the overflow event. Sufficient information shall
be provided to determine location for purposes of GIS mapping, such
as specific street address or the latitude and longitude of the
event.
(4) Date, time, and duration of the overflow event.
(5) Whether or not the overflow reached or may have reached waters
of the state.
(6) Whether or not a beach closure occurred or may have occurred
as a result of the overflow.
(7) The response and corrective action taken.
(8) Whether or not there is an ongoing investigation, the reasons
for it and expected date of completion.
(9) The name, address, and telephone number of the reporting
collection system owner or operator and a specific contact name.
(c) Commencing on July 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, in the event of a
spill or overflow from a sanitary sewer system that is subject to the
notification requirements set forth in Section 13271, the applicable
collection system owner or operator, in addition to immediate
reporting duties pursuant to Section 13271, shall submit to the
appropriate regional board, within 30 days of the date of becoming
aware of the overflow event, a report using the form described in
subdivision (b). The report shall be filed electronically, if
possible, or by fax or mail if electronic submission is not possible.
(d) (1) Commencing on July 1 of a year in which the Legislature
has appropriated sufficient funds for this purpose, in the event of a
spill or overflow from a sanitary sewer system that is not subject
to the reporting requirements set forth in Section 13271 that is
either found by the State Department of Health Services
Public Health or any local health officer to
result in contamination pursuant to Section 5412 of the Health and
Safety Code, or is found by the State Department of Health
Services Public Health to result in pollution or
nuisance pursuant to Section 5413 of the Health and Safety Code, the
agency making the determination shall submit to the appropriate
regional board, within 30 days of making the determination, a report
that shall include, at a minimum, the following information:
(A) Date, time, and approximate duration of the overflow event.
(B) An estimate of the volume of the overflow event.
(C) Location of the overflow event.
(D) A description of the response or corrective action taken by
the agency making the determination.
(E) The name, address, and telephone number of the reporting
collection system owner or operator, and a specific contact name.
(2) The report shall be filed electronically, if possible, or by
fax or mail if electronic submission is not possible.
(e) Before January 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, the state board, in
consultation with representatives of cities, counties, cities and
counties, and special districts, public interest groups, the State
Department of Health Services Public Health
, and regional boards, shall develop and maintain a sanitary
sewer system overflow database that, at a minimum, contains the
parameters described in subdivisions (b) and (d).
(f) Commencing on July 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, each regional board
shall coordinate with collection system owners or operators, the
State Department of Health Services Public
Health , and local health officers to compile the reports
submitted pursuant to subdivisions (c) and (d). Each regional board
shall report that information to the state board on a quarterly
basis, to be included in the sanitary sewer system overflow database.
(g) The state board shall make available to the public, by
Internet and other cost-effective means, as determined by the state
board, information that is generated pursuant to this section. In a
year in which the
Legislature has appropriated sufficient funds for the purposes
described in this subdivision, the state board shall prepare a
summary report of the information collected in the sanitary sewer
system overflow database, and make it available to the general public
through the Internet and other cost-effective means, as determined
by the state board. To the extent resources and the data allow, this
report shall include GIS maps compiling coastal overflow events.
SEC. 21. Section 13204 of the Water
Code is amended to read:
13204. Each regional board shall hold at least six regular
meetings each calendar year and such additional special meetings or
hearings as shall be called by the chairman
chairperson or any two members of the regional board.
SEC. 22. Section 13220 of the Water
Code is amended to read:
13220. Each regional board shall do all of the following:
(a) Establish an office.
(b) Select one of its members as chairman
chairperson at the first regular meeting held each year.
(c) Appoint as its confidential employee, who may be
exempt from civil service under Section 4 of Article VII of the
California Constitution, and fix the salary of, an executive officer
who shall meet technical qualifications as defined by the
State Water Resources Control Board state board
. The executive officer shall serve at the pleasure of the regional
board.
(d) Employ any other assistants which may be determined necessary
to assist the executive officer.
SEC. 14. SEC. 23. Section 13248 is
added to the Water Code, to read:
13248. (a) At any time, the state board may, on its own motion,
review the regional board's action or failure to
act under this article.
(b) The state board may find that the action of the regional
board, or the failure of the regional board to act, was appropriate
and proper. Upon finding that the action of the regional board, or
the failure of the regional board to act, was inappropriate or
improper, the state board may direct that appropriate action be taken
by the regional board, refer the matter to another state agency
having jurisdiction, take appropriate action itself, or take any
combination of those actions. In taking any action, the state board
is vested with all the powers of the regional boards under this
division.
SEC. 15. SEC. 24. Section 13261 of
the Water Code is amended to read:
13261. (a) A person who fails to furnish a report or pay a fee
under Section 13260 when so requested by a regional board is guilty
of a misdemeanor and may be liable civilly in accordance with
subdivision (b).
(b) (1) Civil liability may be administratively imposed by a
regional board or the state board in accordance with Article 2.5
(commencing with Section 13323) of Chapter 5 for a violation of
subdivision (a) in an amount not exceeding one thousand dollars
($1,000) for each day in which the violation occurs. Civil liability
shall not be imposed by the regional board pursuant to this section
if the state board has imposed liability against the same person for
the same violation.
(2) Civil liability may be imposed by the superior court in
accordance with Article 5 (commencing with Section 13350) and Article
6 (commencing with Section 13360) of Chapter 5 for a violation of
subdivision (a) in an amount not exceeding five thousand dollars
($5,000) for each day the violation occurs.
(c) A person who discharges or proposes to discharge hazardous
waste, as defined in Section 25117 of the Health and Safety Code, who
knowingly furnishes a false report under Section 13260, or who
either willfully fails to furnish a report or willfully withholds
material information under Section 13260 despite actual knowledge of
that requirement, may be liable in accordance with subdivision (d)
and is guilty of a misdemeanor.
This subdivision does not apply to any waste discharge that is
subject to Chapter 5.5 (commencing with Section 13370).
(d) (1) Civil liability may be administratively imposed by a
regional board in accordance with Article 2.5 (commencing with
Section 13323) of Chapter 5 for a violation of subdivision (c) in an
amount not exceeding five thousand dollars ($5,000) for each day the
violation occurs.
(2) Civil liability may be imposed by the superior court in
accordance with Article 5 (commencing with Section 13350) and Article
6 (commencing with Section 13360) of Chapter 5 for a violation of
subdivision (c) in an amount not exceeding twenty-five thousand
dollars ($25,000).
SEC. 25. Section 13274 of the Water
Code , as amended by Section 162 of Chapter 485 of the
Statutes of 1998, is amended to read:
13274. (a) (1) The state board or a regional board, upon
receipt of applications for waste discharge requirements for
discharges of dewatered, treated, or chemically fixed sewage sludge
and other biological solids, shall prescribe general waste discharge
requirements for that sludge and those other solids. General waste
discharge requirements shall replace individual waste discharge
requirements for sewage sludge and other biological solids, and their
prescription shall be considered to be a ministerial action.
(2) The general waste discharge requirements shall set minimum
standards for agronomic applications of sewage sludge and other
biological solids and the use of that sludge and those other solids
as a soil amendment or fertilizer in agriculture, forestry, and
surface mining reclamation, and may permit the transportation of that
sludge and those other solids and the use of that sludge and those
other solids at more than one site. The requirements shall include
provisions to mitigate significant environmental impacts, potential
soil erosion, odors, the degradation of surface water quality or fish
or wildlife habitat, the accidental release of hazardous substances,
and any potential hazard to the public health or safety.
(b) The state board or a regional board, in prescribing general
waste discharge requirements pursuant to this section, shall comply
with Division 13 (commencing with Section 21000) of the Public
Resources Code and guidelines adopted pursuant to that division, and
shall consult with the State Air Resources Board, the Department of
Food and Agriculture, and the California Integrated Waste
Management Board Department of Resources Recycling and
Recovery .
(c) The state board or a regional board may charge a reasonable
fee to cover the costs incurred by the board in the administration of
the application process relating to the general waste discharge
requirements prescribed pursuant to this section.
(d) Notwithstanding any other provision of law,
except as specified in subdivisions (f) to (i), inclusive, general
waste discharge requirements prescribed by a regional board pursuant
to this section supersede regulations adopted by any other state
agency to regulate sewage sludge and other biological solids applied
directly to agricultural lands at agronomic rates.
(e) The state board or a regional board shall review general waste
discharge requirements for possible amendment upon the request of
any state agency, including, but not limited to, the Department of
Food and Agriculture and the State Department of Health
Services Public Health , if the board
determines that the request is based on new information.
(f) Nothing in this This section is
not intended to affect the jurisdiction of the
California Integrated Waste Management Board
Department of Resources Recycling and Recovery to regulate the
handling of sewage sludge or other biological solids for composting,
deposit in a landfill, or other use.
(g) Nothing in this This section is
not intended to affect the jurisdiction of the State Air
Resources Board or an air pollution control district or air quality
management district to regulate the handling of sewage sludge or
other biological solids for incineration.
(h) Nothing in this This
section is not intended to affect the jurisdiction of the
Department of Food and Agriculture in enforcing Sections 14591 and
14631 of the Food and Agricultural Code and any regulations adopted
pursuant to those sections, regarding the handling of sewage sludge
and other biological solids sold or used as fertilizer or as a soil
amendment.
(i) Nothing in this This section
restricts does not restrict the
authority of a local government agency to regulate the application of
sewage sludge and other biological solids to land within the
jurisdiction of that agency, including, but not limited to, the
planning authority of the Delta Protection Commission, the resource
management plan of which is required to be implemented by local
government general plans.
SEC. 16. SEC. 26. Section 13274 of
the Water Code, as added by Section 13 of Chapter 814 of the Statutes
of 1997, is amended and renumbered to read:
13275. (a) Notwithstanding any other law, a public water system
regulated by the State Department of Public Health shall have the
same legal rights and remedies against a responsible party, when the
water supply used by that public water system is contaminated, as
those of a private land owner whose groundwater has been
contaminated.
(b) For purposes of this section, "responsible party" has the same
meaning as defined in Section 25323.5 of the Health and Safety Code.
SEC. 27. Section 13285 of the Water
Code is amended to read:
13285. (a) Any discharge from a storage tank, pipeline, or other
container of methyl tertiary-butyl ether (MTBE), or of any pollutant
that contains MTBE, that poses a threat to drinking water, or to
groundwater or surface water that may reasonably be used for drinking
water, or to coastal waters shall be cleaned up to a level
consistent with subdivisions (a) and (b) of Section 25296.10 of the
Health and Safety Code.
(b) (1) No A public water system, or
its customers, shall not be responsible for remediation
or treatment costs associated with MTBE, or a product that contains
MTBE. However, the public water system may, as necessary, incur MTBE
remediation and treatment costs and include those costs in its
customer rates and charges that are necessary to comply with drinking
water standards or directives of the State Department of
Health Services Public Health or other lawful
authority. Any public water system that incurs MTBE remediation or
treatment costs may seek recovery of those costs from parties
responsible for the MTBE contamination, or from other available
alternative sources of funds.
(2) If the public water system has included the costs of MTBE
treatment and remediation in its customer rates and charges, and
subsequently recovers all, or a portion of, its MTBE treatment and
remediation costs from responsible parties or other available
alternative sources of funds, it shall make an adjustment to its
schedule of rates and charges to reflect the amount of funding
received from responsible parties or other available alternative
sources of funds for MTBE treatment or remediation.
(3) Paragraph (1) shall not prevent the imposition of liability on
any person for the discharge of MTBE if that liability is due to the
conduct or status of that person independently of whether the person
happens to be a customer of the public water system.
SEC. 28. Section 13291 of the Water
Code is amended to read:
13291. (a) On or before January 1, 2004, the state board, in
consultation with the State Department of Health Services
Public Health , the California Coastal
Commission, the California Conference of Directors of Environmental
Health, counties, cities, and other interested parties, shall adopt
regulations or standards for the permitting and operation of all of
the following onsite sewage treatment systems in the state and shall
apply those regulations or standards commencing six months after
their adoptions:
(1) Any system that is constructed or replaced.
(2) Any system that is subject to a major repair.
(3) Any system that pools or discharges to the surface.
(4) Any system that, in the judgment of a regional board or
authorized local agency, discharges waste that has the reasonable
potential to cause a violation of water quality objectives, or to
impair present or future beneficial uses of water, to cause
pollution, nuisance, or contamination of the waters of the state.
(b) Regulations or standards adopted pursuant to subdivision (a),
shall include, but shall not be limited to, all of the following:
(1) Minimum operating requirements that may include siting,
construction, and performance requirements.
(2) Requirements for onsite sewage treatment systems adjacent to
impaired waters identified pursuant to subdivision (d) of Section 303
of the Clean Water Act (33 U.S.C. Sec. 1313(d)).
(3) Requirements authorizing a qualified local agency to implement
those requirements adopted under this chapter within its
jurisdiction if that local agency requests that authorization.
(4) Requirements for corrective action when onsite sewage
treatment systems fail to meet the requirements or standards.
(5) Minimum requirements for monitoring used to determine system
or systems performance, if applicable.
(6) Exemption criteria to be established by regional boards.
(7) Requirements for determining a system that is subject to a
major repair, as provided in paragraph (2) of subdivision (a).
(c) This chapter does not diminish or otherwise affect the
authority of a local agency to carry out laws, other than this
chapter, that relate to onsite sewage treatment systems.
(d) This chapter does not preempt any regional board or local
agency from adopting or retaining standards for onsite sewage
treatment systems that are more protective of the public health or
the environment than this chapter.
(e) Each regional board shall incorporate the regulations or
standards adopted pursuant to subdivisions (a) and (b) into the
appropriate regional water quality control plans.
SEC. 17. SEC. 29. The heading of
Article 1 (commencing with Section 13300) of Chapter 5 of Division 7
of the Water Code is amended to read:
Article 1. Administrative Enforcement and Remedies
SEC. 30. Section 13304.1 of the Water
Code is amended to read:
13304.1. (a) A groundwater cleanup system that commences
operation on or after January 1, 2002, and that is required to obtain
a discharge permit from the regional board pursuant to the regional
board's jurisdiction, and that discharges treated groundwater to
surface water or groundwater, shall treat the groundwater to
standards approved by the regional board, consistent with this
division and taking into account the beneficial uses of the receiving
water and the location of the discharge and the method by which the
discharge takes place.
(b) In making its determination of the applicable water quality
standards to be achieved by the operator of a groundwater cleanup
system that commences operation on or after January 1, 2002, that
draws groundwater from an aquifer that is currently being used, or
has been used at any time since 1979 as a source of drinking water
supply by the owner or operator of a public water system, and that
discharges treated groundwater to surface water or groundwater from
which a public water system draws drinking water, the regional board
shall consult with the affected groundwater management entity, if
any, affected public water systems, and the State Department of
Health Services Public Health to ensure
that the discharge, spreading, or injection of the treated
groundwater will not adversely affect the beneficial uses of any
groundwater basin or surface water body that is or may be used by a
public water system for the provision of drinking water.
SEC. 18. SEC. 31. The heading of
Article 2 (commencing with Section 13320) of Chapter 5 of Division 7
of the Water Code is amended to read:
Article 2. Administrative Review by the State Board
SEC. 19. SEC. 32. Section 13320 of
the Water Code is amended to read:
13320. (a) Within 30 days of any action or failure to act by a
regional board under subdivision (c) of Section 13225, Article 4
(commencing with Section 13260) of Chapter 4, Chapter 5 (commencing
with Section 13300), Chapter 5.5 (commencing with Section 13370),
Chapter 5.9 (commencing with Section 13399.25), or Chapter 7
(commencing with Section 13500), an aggrieved person may petition the
state board to review that action or failure to act. In case of a
failure to act, the 30-day period shall commence upon the refusal of
the regional board to act, or 60 days after request has been made to
the regional board to act. The state board may, on its own motion, at
any time, review the regional board's action or failure to act.
(b) The evidence before the state board shall consist of the
record before the regional board, and any other relevant evidence
which, in the judgment of the state board, should be considered to
effectuate and implement the policies of this division.
(c) The state board may find that the action of the regional
board, or the failure of the regional board to act, was appropriate
and proper. Upon finding that the action of the regional board, or
the failure of the regional board to act, was inappropriate or
improper, the state board may direct that the appropriate action be
taken by the regional board, refer the matter to another state agency
having jurisdiction, take the appropriate action itself, or take any
combination of those actions. In taking any action, the state board
is vested with all the powers of the regional boards under this
division.
(d) If a waste discharge in one region affects the waters in
another region and there is any disagreement between the regional
boards involved as to the requirements that should be established,
either regional board may submit the disagreement to the state board
that shall determine the applicable requirements.
(e) If a petition for state board review of a regional board
action on waste discharge requirements includes a request for a stay
of the waste discharge requirements, the state board shall act on the
requested stay portion of the petition within 60 days of accepting
the petition. The board may order any stay to be in effect from the
effective date of the waste discharge requirements.
SEC. 20. SEC. 33. Section 13376 of
the Water Code is amended to read:
13376. A person who discharges pollutants or proposes to
discharge pollutants to the navigable waters of the United States
within the jurisdiction of this state or a person who discharges
dredged or fill material or proposes to discharge dredged or fill
material into the navigable waters of the United States within the
jurisdiction of this state shall file a report of the discharge in
compliance with the procedures set forth in Section 13260. Unless
required by the state board or a regional board, a report need not be
filed under this section for discharges that are not subject to the
permit application requirements of the Federal Water Pollution
Control Act, as amended. A person who proposes to discharge
pollutants or dredged or fill material or to operate a publicly owned
treatment works or other treatment works treating domestic sewage
shall file a report at least 180 days in advance of the date on which
it is desired to commence the discharge of pollutants or dredged or
fill material or the operation of the treatment works. A person who
owns or operates a publicly owned treatment works or other treatment
works treating domestic sewage, which treatment works commenced
operation before January 1, 1988, and does not discharge to navigable
waters of the United States, shall file a report within 45 days of a
written request by a regional board or the state board, or within 45
days after the state has an approved permit program for the use and
disposal of sewage sludge, whichever occurs earlier. The discharge of
pollutants or dredged or fill material or the operation of a
publicly owned treatment works or other treatment works treating
domestic sewage by any person , except as authorized by
waste discharge requirements or dredged or fill material permits
, is prohibited. This prohibition does not apply to discharges
or operations for which a state or federal permit is not required
under the Federal Water Pollution Control Act, as amended.
SEC. 34. Section 13392 of the Water
Code is amended to read:
13392. The state board and the regional boards, in consultation
with the State Department of Health Services
Public Health and the Department of Fish and Game, shall
develop and maintain a comprehensive program to (1) identify and
characterize toxic hot spots, as defined in Section 13391.5, (2) plan
for the cleanup or other appropriate remedial or mitigating actions
at the sites, and (3) amend water quality control plans and policies
to incorporate strategies to prevent the creation of new toxic hot
spots and the further pollution of existing hot spots. As part of
this program, the state board and regional boards shall, to the
extent feasible, identify specific discharges or waste management
practices which that contribute to the
creation of toxic hot spots, and shall develop appropriate prevention
strategies, including, but not limited to, adoption of more
stringent waste discharge requirements, onshore remedial actions,
adoption of regulations to control source pollutants, and development
of new programs to reduce urban and agricultural runoff.
SEC. 35. Section 13392.5 of the Water
Code is amended to read:
13392.5. (a) Each regional board that has regulatory authority
for one or more enclosed bays or estuaries shall, on or before
January 30, 1994, develop for each enclosed bay or estuary, a
consolidated data base which that
identifies and describes all known and potential toxic hot spots.
Each regional board shall, in consultation with the state board, also
develop an ongoing monitoring and surveillance program that
includes, but is not limited to, the following components:
(1) Establishment of a monitoring and surveillance task force that
includes representation from agencies, including, but not limited
to, the State Department of Health Services
Public Health and the Department of Fish and Game, that
routinely monitor water quality, sediment, and aquatic life.
(2) Suggested guidelines to promote standardized analytical
methodologies and consistency in data reporting.
(3) Identification of additional monitoring and analyses that are
needed to develop a complete toxic hot spot assessment for each
enclosed bay and estuary.
(b) Each regional board shall make available to state and local
agencies and the public all information contained in the consolidated
data base, as well as the results of new monitoring and surveillance
data.
SEC. 36. Section 13395.5 of the Water
Code is amended to read:
13395.5. The state board may enter into contracts and other
agreements for the purpose of evaluating or demonstrating methods for
the removal, treatment, or stabilization of contaminated bottom
sediment. For the purpose of preparing health risk assessments
pursuant to Section 13393, the state board shall enter into contracts
or agreements with the State Department of Health Services
Public Health , or with other state or local
agencies, subject to the approval of the State Department of
Health Services Public Health . The costs
incurred for work conducted by other state agencies, including, but
not limited to, the State Department of Health Services
Public Health and the Department of Fish and
Game, pursuant to this chapter shall be reimbursed according to the
terms of an interagency agreement between the state board and the
agency.
SEC. 37. Section 13396.7 of the Water
Code is amended to read:
13396.7. (a) The state board, in consultation with the State
Department of Health Services Public Health
, shall contract with an independent contractor to conduct a
study to determine the adverse health effects of urban runoff on
swimmers at urban beaches. The contract shall include a provision
that requires the study to be conducted as prescribed in the study
proposal approved by the Santa Monica Bay Restoration Project. The
study shall be paid for by using available resources or state funds
appropriated in the annual Budget Act.
(b) It is the intent of the Legislature that the state board and
the State Department of Health Services
Public Health use the results of the study undertaken pursuant
to subdivision (a) to establish recreational water quality standards.
SEC. 38. Section 13426 of the Water
Code is amended to read:
13426. The state board, subject to approval by the Director of
Finance, may agree to provide a guarantee pursuant to this article
for all or a specified part of the proposed local agency bond issue
upon making, after consultation with the State Department of
Health Services Public Health , all of the
following determinations:
(a) The facilities proposed by an applicant are necessary to the
health or welfare of the inhabitants of the state and are consistent
with water quality control plans adopted by regional boards.
(b) The proposed facilities meet the needs of the applicant.
(c) The proposed bond issue and plan repayment are sound and
feasible.
(d) In the case of facilities proposed under paragraph (2) of
subdivision (c) of Section 13400, the facilities will produce
recycled water and the applicant has adopted a feasible program for
the use of the facilities. The state board may adopt criteria for
ranking and setting priorities among applicants for those guarantees.
SEC. 21. SEC. 39. Section 13442 of
the Water Code is amended to read:
13442. Upon application by a public agency with authority to
clean up a waste or abate the effects thereof, the state board may
order moneys to be paid from the account to the agency to assist it
in cleaning up the waste or abating its effects on waters of the
state. The agency shall not become liable to the state board for
repayment of those moneys, but this shall not be a defense to an
action brought pursuant to subdivision (c) of Section 13304 for the
recovery of moneys paid under this section.
SEC. 40. Section 13521 of the Water
Code is amended to read:
13521.
The State Department of Health Services
Public Health shall establish uniform statewide recycling
criteria for each varying type of use of recycled water where the use
involves the protection of public health.
SEC. 41. Section 13522 of the Water
Code is amended to read:
13522. (a) Whenever the State Department of Health
Services Public Health or any local health
officer finds that a contamination 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
statewide recycling criteria established pursuant to Section 13521,
for the purpose of this section, does not cause, constitute, or
contribute to, any form of contamination, unless the department or
the regional board determines that contamination exists.
SEC. 42. Section 13523 of the Water
Code is amended to read:
13523. (a) Each regional board, after consulting with and
receiving the recommendations of the State Department of
Health Services Public Health and any party who
has requested in writing to be consulted, and after any necessary
hearing, shall, if in the judgment of the board, it is necessary to
protect the public health, safety, or welfare, prescribe water
reclamation requirements for water which is used or proposed to be
used as reclaimed recycled water.
(b) The requirements may be placed upon the person
reclaiming recycling water, the user, or both.
The requirements shall be established in conformance with the uniform
statewide reclamation recycling
criteria established pursuant to Section 13521. The regional board
may require the submission of a preconstruction report for the
purpose of determining compliance with the uniform statewide
reclamation recycling criteria. The
requirements for a use of reclaimed recycled
water not addressed by the uniform statewide
reclamation recycling criteria shall be
considered on a case-by-case basis.
SEC. 43. Section 13523.1 of the Water
Code is amended to read:
13523.1. (a) Each regional board, after consulting with, and
receiving the recommendations of, the State Department of
Health Services Public Health and any party who
has requested in writing to be consulted, with the consent of the
proposed permittee, and after any necessary hearing, may, in lieu of
issuing waste discharge requirements pursuant to Section 13263 or
water reclamation recycling
requirements pursuant to Section 13523 for a user of
reclaimed recycled water, issue a master
reclamation recycling permit to a
supplier or distributor, or both, of reclaimed
recycled water.
(b) A master reclamation recycling
permit shall include, at least, all of the following:
(1) Waste discharge requirements, adopted pursuant to Article 4
(commencing with Section 13260) of Chapter 4.
(2) A requirement that the permittee comply with the uniform
statewide reclamation recycling
criteria established pursuant to Section 13521. Permit conditions for
a use of reclaimed recycled water not
addressed by the uniform statewide water reclamation
recycling criteria shall be considered on a
case-by-case basis.
(3) A requirement that the permittee establish and enforce rules
or regulations for reclaimed recycled
water users, governing the design and construction of
reclaimed recycled water use facilities and the
use of reclaimed recycled water, in
accordance with the uniform statewide reclamation
recycling criteria established pursuant to Section 13521.
(4) A requirement that the permittee submit a quarterly report
summarizing reclaimed recycled water
use, including the total amount of reclaimed
recycled water supplied, the total number of reclaimed
recycled water use sites, and the locations of
those sites, including the names of the hydrologic areas underlying
the reclaimed recycled water use sites.
(5) A requirement that the permittee conduct periodic inspections
of the facilities of the reclaimed recycled
water users to monitor compliance by the users with the uniform
statewide reclamation recycling
criteria established pursuant to Section 13521 and the requirements
of the master reclamation recycling
permit.
(6) Any other requirements determined to be appropriate by the
regional board.
SEC. 44. Section 13528 of the Water
Code is amended to read:
13528. No provision of this This
chapter shall not be construed as affecting the existing
powers of the State Department of Health Services
Public Health .
SEC. 45. Section 13540 of the Water
Code is amended to read:
13540. (a) No 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) Notwithstanding subdivision (a), when a regional board
finds that water quality considerations do not preclude controlled
recharge of the stratum by direct injection, and when the State
Department of Health Services Public Health
, following a public hearing, finds the proposed recharge will
not degrade the quality of water in the receiving aquifer as a source
of water supply for domestic purposes, recycled water may be
injected by a well into the stratum. The State Department of
Health Services Public Health may make and
enforce any regulations pertaining to this subdivision as it deems
proper.
(2) Nothing in this This section
shall not be construed to do either or both of the
following:
(A) Affect the authority of the state board or regional boards to
prescribe and enforce requirements for the discharge.
(B) Preempt the exercise by a water district of its existing
ordinance authority to impose or implement stricter standards for
protecting groundwater quality in the receiving aquifer.
(c) When the State Department of Health Services
Public Health makes the findings provided for in
subdivision (b), the department shall consider the state board's
Statement of Policy with Respect to Maintaining High Quality of
Waters in California, as set forth in Resolution 68-16, dated October
28, 1968, and shall also consider current and potential future
public health consequences of the controlled recharge.
SEC. 46. Section 13550 of the Water
Code is amended to read:
13550. (a) The Legislature hereby finds and declares that the use
of potable domestic water for nonpotable uses, including, but not
limited to, cemeteries, golf courses, parks, highway landscaped
areas, and 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 recycled water is
available which that meets all of the
following conditions, as determined by the state board, after notice
to any person or entity who that may be
ordered to use recycled water or to cease using potable water and 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:
(1) The source of recycled water is of adequate quality for these
uses and is available for these uses. In determining adequate
quality, the state 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. In addition, the state board
shall consider the effect of the use of recycled water in lieu of
potable water on the generation of hazardous waste and on the quality
of wastewater discharges subject to regional, state, or federal
permits.
(2) The recycled water may be furnished for these uses at a
reasonable cost to the user. In determining reasonable cost, the
state board shall consider all relevant factors, including, but not
limited to, the present and projected costs of supplying, delivering,
and treating potable domestic water for these uses and the present
and projected costs of supplying and delivering 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 domestic water.
(3) After concurrence with the State Department of Health
Services Public Health , the use of recycled
water from the proposed source will shall
not be detrimental to public health.
(4) The use of recycled water for these uses will
shall not adversely affect downstream water
rights, will not degrade water quality, and is determined not to be
injurious to plantlife, fish, and wildlife.
(b) In making the determination pursuant to subdivision (a), the
state board shall consider the impact of the cost and quality of the
nonpotable water on each individual user.
(c) The state board may require a public agency or person subject
to this article to furnish information which
that the state board determines to be relevant to making the
determination required in subdivision (a).
SEC. 47. Section 13552.4 of the Water
Code is amended to read:
13552.4. (a) Any public agency, including a state agency, city,
county, city and county, district, or any other political subdivision
of the state, may require the use of recycled water for irrigation
of residential landscaping, if all of the following requirements are
met:
(1) Recycled water, for this use, is available to the user and
meets the requirements set forth in Section 13550, as determined by
the state board after notice and a hearing.
(2) The use of recycled water does not cause any loss or
diminution of any existing water right.
(3) The irrigation systems are constructed in accordance with
Chapter 3 (commencing with Section 60301) of Division 4 of Title 22
of the California Code Regulations.
(b) This section applies to both of the following:
(1) New subdivisions for which the building permit is issued on or
after March 15, 1994, or, if a building permit is not required, new
structures for which construction begins on or after March 15, 1994,
for which the State Department of Health Services
Public Health has approved the use of recycled water.
(2) Any residence that is retrofitted to permit the use of
recycled water for landscape irrigation and for which the State
Department of Health Services Public Health
has approved the use of recycled water.
(c) (1) Division 13 (commencing with Section 21000) of the Public
Resources Code does not apply to any project which
that only involves the repiping, redesign, or use of
recycled water for irrigation of residential landscaping necessary to
comply with a requirement prescribed by a public agency under
subdivision (a).
(2) The exemption in paragraph (1) does not apply to any project
to develop recycled water, to construct conveyance facilities for
recycled water, or any other project not specified in this
subdivision.
SEC. 22. SEC. 48. Section 13553 of
the Water Code is amended to read:
13553. (a) The Legislature hereby finds and declares that the use
of potable domestic water for toilet and urinal flushing in
structures is a waste or an unreasonable use of water within the
meaning of Section 2 of Article X of the California Constitution if
recycled water, for these uses, is available to the user and meets
the requirements set forth in Section 13550, as determined by the
state board after notice and a hearing.
(b) The state board may require a public agency or person subject
to this section to furnish any information that may be relevant to
making the determination required in subdivision (a).
(c) For purposes of this section and Section 13554, "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.
(d) Recycled water may be used in condominium projects, as defined
in Section 1351 of the Civil Code, subject to all of the following
conditions:
(1) Prior to the indoor use of recycled water in any condominium
project, the agency delivering the recycled water to the condominium
project shall file a report with, and receive written approval of the
report from, the State Department of Public Health. The report shall
be consistent with the provisions of Title 22 of the California Code
of Regulations generally applicable to dual-plumbed structures and
shall include all the following:
(A) That potable water service to each condominium project will be
provided with a backflow protection device approved by the State
Department of Public Health to protect the agency's public water
system, as defined in Section 116275 of the Health and Safety Code.
The backflow protection device approved by the State Department of
Public Health shall be inspected and tested annually by a person
certified in the inspection of backflow prevention devices.
(B) That any plumbing modifications in the condominium unit or any
physical alteration of the structure will be done in compliance with
state and local plumbing codes.
(C) That each condominium 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.
(D) That recycled water lines will be color coded consistent with
current statutes and regulations.
(2) The recycled water agency or the responsible local agency
shall maintain records of all tests and annual inspections conducted.
(3) The condominium's declaration, as defined in Section 1351 of
the Civil Code, shall provide that the laws and regulations governing
recycled water apply, shall permit no exceptions to those laws and
regulations, shall incorporate the report described in paragraph (1),
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."
(e) The State Department of Public Health may adopt regulations as
necessary to assist in the implementation of this section.
(f) This section shall only apply to condominium projects that are
created, within the meaning of Section 1352 of the Civil Code, on or
after January 1, 2008.
(g) Nothing in this section or Section 13554 applies to a pilot
program adopted pursuant to Section 13553.1.
SEC. 49. Section 13576 of the Water
Code is amended to read:
13576. The Legislature hereby makes the following findings and
declarations:
(a) The State of California is subject to periodic drought
conditions.
(b) The development of traditional water resources in California
has not kept pace with the state's population, which is growing at
the rate of over 700,000 per year and which is anticipated to reach
36 million by the year 2010.
(c) There is a need for a reliable source of water for uses not
related to the supply of potable water to protect investments in
agriculture, greenbelts, and recreation and to replenish groundwater
basins, and protect and enhance fisheries, wildlife habitat, and
riparian areas.
(d) The environmental benefits of recycled water include a reduced
demand for water in the Sacramento-San Joaquin Delta which
that is otherwise needed to maintain water
quality, reduced discharge of waste into the ocean, and the
enhancement of groundwater basins, recreation, fisheries, and
wetlands.
(e) The use of recycled water has proven to be safe from a public
health standpoint, and the State Department of Health
Services Public Health is updating regulations
for the use of recycled water.
(f) The use of recycled water is a cost-effective, reliable method
of helping to meet California's water supply needs.
(g) The development of the infrastructure to distribute recycled
water will provide jobs and enhance the economy of the state.
(h) Retail water suppliers and recycled water producers and
wholesalers should promote the substitution of recycled water for
potable water and imported water in order to maximize the appropriate
cost-effective use of recycled water in California.
(i) Recycled water producers, retail water suppliers, and entities
responsible for groundwater replenishment should cooperate in joint
technical, economic, and environmental studies, as appropriate, to
determine the feasibility of providing recycled water service.
(j) Retail water suppliers and recycled water producers and
wholesalers should be encouraged to enter into contracts to
facilitate the service of recycled and potable water by the retail
water suppliers in their service areas in the most efficient and
cost-effective manner.
(k) Recycled water producers and wholesalers and entities
responsible for groundwater replenishment should be encouraged to
enter into contracts to facilitate the use of recycled water for
groundwater replenishment if recycled water is available and the
authorities having jurisdiction approve its use.
( l ) Wholesale prices set by recycled water producers
and recycled water wholesalers, and rates that retail water suppliers
are authorized to charge for recycled water, should reflect an
equitable sharing of the costs and benefits associated with the
development and use of recycled water.
SEC. 50. Section 13578 of the Water
Code is amended to read:
13578. (a) In order to achieve the statewide goal for recycled
water use established in Section 13577 and to implement the Governor'
s Advisory Drought Planning Panel Critical Water Shortage Contingency
Plan recommendations, Section F2, as submitted December 29, 2000,
the department shall identify and report to the Legislature on
opportunities for increasing the use of recycled water, as defined in
paragraph (3) of subdivision (b) of Section 13575, and identify
constraints and impediments, including the level of state financial
assistance available for project construction, to increasing the use
of recycled water.
(b) The department shall convene a task force, to be known as the
2002 Recycled Water Task Force, to advise the department in
implementation of subdivision (a), including making recommendations
to the Legislature regarding the following:
(1) How to further the use of recycled water in industrial and
commercial applications, including, but not limited to, those
applications set forth in Section 13552.8. The task force shall
evaluate the current regulatory framework of state and local rules,
regulations, ordinances, and permits to identify the obstacles and
disincentives to industrial and commercial reuse. Issues to be
investigated include, but are not limited to, applicability of visual
inspections instead of pressure tests for cross-connections between
potable and nonpotable water systems, dual piping trenching
restrictions, fire suppression system design, and backflow
protections.
(2) Changes in the Uniform Plumbing Code, published by the
International Association of Plumbing and Mechanical Officials, that
are appropriate to facilitate the use of recycled water in industrial
and commercial settings. The department shall make recommendations
to the California Building Standards Commission with regard to
suggested revisions to the California Plumbing Code necessary to
incorporate the changes identified by the task force.
(3) Changes in state statutes or the current regulatory framework
of state and local rules, regulations, ordinances, and permits
appropriate to increase the use of recycled water for commercial
laundries and toilet and urinal flushing in structures including, but
not limited to, those defined in subdivision (c) of Section 13553.
The department shall identify financial incentives to help offset the
cost of retrofitting privately and publicly owned structures.
(4) The need to reconvene the California Potable Reuse Committee
established by the department in 1993 or convene a successor
committee to update the committee's finding that planned indirect
potable reuse of recycled water by augmentation of surface water
supplies would not adversely affect drinking water quality if certain
conditions were met.
(5) The need to augment state water supplies using water use
efficiency strategies identified in the CALFED Bay-Delta Program. In
its report pursuant to subdivision (a), the department shall identify
ways to coordinate with CALFED to assist local communities in
educating the public with regard to the statewide water supply
benefits of local recycling projects and the level of public health
protection ensured by compliance with the uniform statewide water
recycling criteria developed by the State Department of
Health Services Public Health in accordance with
Section 13521.
(6) Impediments or constraints, other than water rights, related
to increasing the use of recycled water in applications for
agricultural, environmental, or irrigation uses, as determined by the
department.
(c) (1) The task force shall be convened by the department and be
comprised of one representative from each of the following state
agencies:
(A) The department.
(B) The State Department of Health Services
Public Health .
(C) The state board.
(D) The California Environmental Protection Agency.
(E) The CALFED Bay-Delta Program.
(F) The Department of Food and Agriculture.
(G) The California Building Standards Commission.
(H) The University of California.
(I) The Natural Resources Agency.
(2) The task force shall also include one representative from a
recognized environmental advocacy group and one representative from a
consumer advocacy group, as determined by the department, and one
representative of local agency health officers, one representative of
urban water wholesalers, one representative from a groundwater
management entity, one representative of water districts, one
representative from a nonprofit association of public and private
members created to further the use of recycled water, one
representative of commercial real estate, one representative of land
development, one representative of industrial interests, and at least
two representatives from each of the following as defined in Section
13575:
(A) Recycled water producer.
(B) Recycled water wholesaler.
(C) Retail water supplier.
(d) The department and the task force shall report to the
Legislature not later than July 1, 2003.
(e) The department shall carry out the duties of this section only
to the extent that funds pursuant to Section 79145, enacted as part
of the Safe Drinking Water, Clean Water, Watershed Protection, and
Flood Protection Act (Division 26 (commencing with Section 79000)),
are made available for the purposes of this section.
SEC. 51. Section 13580.9 of the Water
Code is amended to read:
13580.9. (a) Notwithstanding any other provision of
law, and except as otherwise previously provided for in a
contract agreed to by the customer and the City of West Covina, if
the purchaser, contractor, or lessee of, or successor to, all or a
portion of the water utility owned by the City of West Covina is a
retail water supplier that is regulated by the Public Utilities
Commission, rates for recycled or nonpotable water service to a
closed hazardous waste and solid waste facility located within the
boundaries of the City of West Covina for the purposes of irrigation,
recreation, or dust suppression or any other use at that facility
shall be established in accordance with subdivisions (a) to (e),
inclusive, of Section 13580.7, and if there is a failure to agree on
the terms and conditions of a recycled or nonpotable water supply
agreement for the delivery of water for those purposes by that
purchaser, contractor, lessee, or successor, Section 13581 shall
apply.
(b) For the purpose of this section, nonpotable water that is not
the result of the treatment of waste shall be treated as the
equivalent of recycled water if it is suitable for a direct
beneficial use or a controlled use that would not otherwise occur and
is therefor considered a valuable resource, if the use of that water
will not adversely affect downstream water rights, degrade water
quality, or be injurious to plant life, fish, or wildlife, as
provided by statute or by regulations of the State Department of
Health Services Public Health and the
state board or a regional board, as appropriate.
SEC. 23. SEC. 52. Section 13627 of
the Water Code is amended to read:
13627. (a) Supervisors and operators of those wastewater
treatment plants described in paragraph (1) or (2) of subdivision (b)
of Section 13625 shall possess a certificate of appropriate grade.
Subject to the approval of regulations by the state board,
supervisors and operators of those wastewater treatment plants
described in paragraph (3) of subdivision (b) of Section 13625 shall
possess certificates of the appropriate grade. All certificates shall
be issued in accordance with, and to the extent recommended by the
advisory committee and required by, regulations adopted by the state
board. The state board shall develop and specify in its regulations
the training necessary to qualify a supervisor or operator for
certification for each type and class of plant. The state board may
accept experience in lieu of qualification training. For supervisors
and operators of water recycling treatment plants, the state board
may approve use of a water treatment plant operator of appropriate
grade certified by the State Department of Public Health pursuant to
Article 3 (commencing with Section 106875) of Chapter
4 of Part 1 of Division 104 of the Health
and Safety Code in lieu of a wastewater treatment plant operator
certified by the state board, provided that the state board may
refuse to approve use of an operator certified by the department or
may suspend or revoke its approval of the use of an operator
certified by the department if the operator commits any of the
prohibited acts described in Article 7 (commencing with Section 3710)
of Chapter 26 of Division 3 of Title 23 of the California Code of
Regulations.
(b) The regional water quality control board, with jurisdiction
for issuing and ensuring compliance with applicable water reclamation
or waste discharge requirements, shall notify the department in
writing if, pursuant to an inspection conducted under Section 13267,
the regional board makes a determination that there are reasonable
grounds for not issuing, or for suspending or revoking, the
certificate of a certified water treatment plant operator who is
operating or supervising the operation of a water recycling treatment
plant. The department shall make its determination regarding the
issuance, suspension, or revocation of a certificate in accordance
with Section 106876 of the Health and Safety Code.
(c) For purposes of this section, "water recycling treatment plant"
means a treatment plant that receives and further treats secondary
or tertiary effluent, or both, from a wastewater treatment plant.
(d) A person employed as a wastewater treatment plant supervisor
or operator on the effective date of regulations adopted pursuant to
this chapter shall be issued an appropriate certificate if the person
meets the training, education, and experience requirements
prescribed by regulations.
(e) The state board may refuse to grant, suspend, or revoke any
certificate issued by the state board to operate a wastewater
treatment plant, or may place on probation, or reprimand, the
certificate holder upon any reasonable ground, including, but not
limited to, all of the following reasons:
(1) Submitting false or misleading information on an application
for a certificate.
(2) The employment of fraud or deception in the course of
operating the wastewater treatment plant.
(3) A certificate holder's failure to use reasonable care or
judgment in the operation of the plant.
(4) A certificate holder's inability to perform operating duties
properly.
(5) Willfully or negligently violating, or causing ,
or allowing the violation of, waste discharge requirements
or permits issued pursuant to the Federal Water Pollution Control Act
(33 U.S.C. Sec. 1251 et seq.).
(f) The state board shall conduct all proceedings for the refusal
to grant a certificate, and suspension or revocation of a
certificate, pursuant to subdivision (e), in accordance with the
rules adopted pursuant to Section 185.
SEC. 24. SEC. 53. Section 13627.4 of
the Water Code is amended to read:
13627.4. (a) The state board may administratively impose the
civil liability described in Section 13627.1, 13627.2, or 13627.3 in
accordance with Article 2.5 (commencing with Section 13323) of
Chapter 5.
(b) A remedy under this chapter is in addition to, and does not
supersede or limit, any other remedy, civil or criminal, except that
liability is not recoverable against an operator under subdivision
(c) of Section 13627.1 for a violation for which liability is
recovered against the operator under Section 13350 or 13385.
SEC. 54. Section 13755 of the Water
Code is amended to read:
13755. Nothing in this chapter shall affect the powers and duties
of the State Department of Health Services
Public Health with respect to water and water systems pursuant
to Chapter 4 (commencing with Section 116275
116270 ) of Part 12 of Division 104 of the Health and Safety
Code. Every person shall comply with this chapter and any regulation
adopted pursuant thereto, in addition to standards adopted by any
city or county.
SEC. 55. Section 13800 of the Water
Code is amended to read:
13800. The department, after such the
studies and investigations pursuant to Section 231 as it finds
necessary, on determining that water well, cathodic protection well,
and monitoring well construction, maintenance, abandonment, and
destruction standards are needed in an area to protect the quality of
water used or which may be used for any beneficial use, shall so
report to the appropriate regional water quality control board and to
the State Department of Health Services
Public Health . The report shall contain such
the recommended standards for water well
and , cathodic protection well, and
monitoring well construction, maintenance, abandonment, and
destruction as, in the department's opinion, are necessary to protect
the quality of any affected water.
SEC. 56. Section 13801 of the Water
Code is amended to read:
13801. (a) The regional board, upon receipt of a report from the
department pursuant to Section 13800, shall hold a public hearing on
the need to establish well standards for the area involved. The
regional board may hold a public hearing with respect to any area
regardless of whether a report has been received from the department
if it has information that standards may be needed.
(b) Notwithstanding subdivision (a), the state board shall, not
later than September 1, 1989, adopt a model water well, cathodic
protection well, and monitoring well drilling and abandonment
ordinance implementing the standards for water well construction,
maintenance, and abandonment contained in Bulletin 74-81 of the
department. If the model ordinance is not adopted by this date, the
state board shall report to the Legislature as to the reasons for the
delay. The state board shall circulate the model ordinances to all
cities and counties . counties.
(c) Notwithstanding any other provision of law,
each county, city, or water agency, where appropriate, shall, not
later than January 15, 1990, adopt a water well, cathodic protection
well, and monitoring well drilling and abandonment ordinance that
meets or exceeds the standards contained in Bulletin 74-81. Where a
water agency which that has permit
authority over well drilling within the agency adopts a water well,
cathodic protection well, and monitoring well drilling and
abandonment ordinance that meets or exceeds the standards contained
in Bulletin 74-81, a county or city shall not be required to adopt an
ordinance for the same area.
(d) If a county, city, or water agency, where appropriate, fails
to adopt an ordinance establishing water well, cathodic protection
well, and monitoring well drilling and abandonment standards, the
model ordinance adopted by the state board pursuant to subdivision
(b) shall take effect on February 15, 1990, and shall be enforced by
the county or city and have the same force and effect as if adopted
as a county or city ordinance.
(e) The minimum standards recommended by the department and
adopted by the state board or local agencies for the construction,
maintenance, abandonment, or destruction of monitoring wells or class
1 hazardous injection wells shall not be construed to limit,
abridge, or supersede the powers or duties of the State Department of
Health Services Public Health in their
application of standards to the construction, maintenance,
abandonment, or destruction of monitoring wells or class 1 hazardous
injection wells at facilities which that
treat, store, or dispose of hazardous waste or at any site
where the State Department of Health Services
Public Health is the lead agency responsible for investigation
and remedial action at that site, as long as the standards used by
the State Department of Health Services Public
Health meet or exceed those in effect by any city, county, or
water agency where appropriate, responsible for developing ordinances
for the area in question.
SEC. 57. Section 13903 of the Water
Code is amended to read:
13903. Each regional board shall notify each affected city or
county, the State Department of Health Services
Public Health and the State Department
of Boating and Waterways of areas of inadequate regulation by
ordinance of discharges of waste from houseboats and shall recommend
provisions necessary to control the discharges of waste from
houseboats into the waters.
SEC. 58. Section 13904 of the Water
Code is amended to read:
13904. Each such affected city or county shall
within 120 days of receipt of the notice from the regional board,
adopt an ordinance for control of discharges of waste from houseboats
within the area for which notice was given by the board. A copy of
such the ordinance shall be sent to the
regional board on its adoption and the regional board shall transmit
such the ordinance to the state board,
the State Department of Health Services
Public Health and the State Department of
Boating and Waterways.
SEC. 59. Section 13952.1 of the Water
Code is amended to read:
13952.1. (a) Notwithstanding Section 13951, the South Tahoe
Public Utility District may provide recycled water only to prevent
the destruction of its Luther Pass recycled water pump station from a
catastrophic fire if all of the following conditions are met:
(1) The district submits an engineering report to the Lahontan
Regional Board and the State Department of Health Services
Public Health , as required by that regional
board and that department.
(2) The Lahontan Regional Board, the State Department of
Health Services Public Health , and the Tahoe
Regional Planning Agency authorize the use of recycled water, and the
specified area or areas in the immediate vicinity of the pump
station where that recycled water may be used, only to prevent the
destruction of the district's Luther Pass recycled water pump station
from a catastrophic fire.
(3) The fire incident commander authorizes the use of the recycled
water to prevent the destruction of the district's Luther Pass
recycled water pump station from a catastrophic fire, as authorized
pursuant to this section.
(b) For purposes of this section, "catastrophic fire" means a
condition exists that will result in severe harm to life, property,
and the environment if the use of recycled water as authorized
pursuant to this section is not used, and all other methods to
extinguish the fire have been exhausted.
SEC. 25. SEC. 60. Pursuant to
Section 13201 of the Water Code, the Governor appoints, and the
Legislature confirms, members to the California regional water
quality control boards. These members serve staggered four-year terms
in conformance with Section 13202 of the Water Code and the
legislation establishing the various positions on the California
regional water quality control boards. As a result of the enactment
of Chapter 1299 of the Statutes of 1959, two of the positions on each
California regional water quality control board have an expiration
date of September 17, 2014. The other positions on each California
regional water quality control board have a September 30 expiration
date in the various years in which they expire. For consistency and
efficiency, the Legislature hereby extends to September 30, 2014, the
terms of the two positions on each California regional water quality
control board that would otherwise expire on September 17, 2014.
