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HomeMy WebLinkAbout05-08-2017 Legislative Committee Meeting Supplemental Agenda Orange County Sanitation District Monday, May 8, 2017 Regular Meeting of the 12:00 P.M. LEGISLATIVE AND PUBLIC Administration Building AFFAIRS COMMITTEE Board Room 10844 Ellis Avenue Fountain Valley, CA 92708 0 (714)593-7433 SUPPLEMENTAL AGENDA The following item will be added to the agenda: CONSENT CALENDAR: 5. SUPPORT ASSEMBLY BILL 574 (AB 574) (Bob Ghirelli) RECOMMENDATION: Approve letter of support for Assembly Bill 574 — Direct Potable Reuse (Assemblymember Quirk). I hereby certify under penalty of perjury under the laws of the Stale of California that the foregoing Supplemental Agenda was posted outside the main gate of the Districts'Administration Building located at 10844 Ellis Avenue, Fountain Valley, California not less than 72 hours prior to the meeting. Dated this 4th day of May 2017. Kell A. o e Cle o th Board LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE N1e0 ng Dale To Bd_of Dir. 17 AGENDA REPORT ItemNumber Item Number s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: SUPPORT ASSEMBLY BILL 574 (AB 574) GENERAL MANAGER'S RECOMMENDATION Approve letter of support for Assembly Bill 574—Direct Potable Reuse (Assemblymember Quirk). BACKGROUND AB 574, by Assemblymember Quirk, requires the State Water Resources Control Board to adopt regulations for the use of recycled water and eliminates confusion between indirect potable reuse and direct potable reuse. Direct Potable Reuse (DPR) secured a major victory last year when Assembly Bill 2022 (Gordon), co-sponsored by the Orange County Sanitation District (Sanitation District), was signed into law, allowing advanced purified recycled water to be bottled for educational purposes. RELEVANT STANDARDS • Unified legislative advocacy and public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with neighboring agencies PROBLEM AB 574 is an important step towards the accepted use and practice of DPR. As California is projected to increase in population, creative solutions to chronic problems such as drought and water management will need to be addressed and accepted. PROPOSED SOLUTION For the Committee's consideration, staff has written a letter of support for AB 574. TIMING CONCERNS It is important that the Sanitation District take a position on the letter as soon as possible to ensure that the Sanitation District's position is considered when reviewing the bill. The bill is currently in the Assembly Appropriations Committee and will need to pass out of the Committee before the May 26 deadline. Page 1 of 2 RAMIFICATIONS OF NOT TAKING ACTION The bill may be signed by the Governor and become law. PRIOR COMMITTEE/BOARD ACTIONS N/A ATTACHMENTS The following attachments are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Letter of Support for Assembly Bill 574 • Assembly Bill 574 Page 2 of 2 Sawing` Orange County Sanitation District Anaheim 10944 Ellis Avenue,Fountain Valley,CA 92708 714.962.2411 VvWvocsd.com Brea Buena Park May 8,2017 cypress Fountain Valley The Honorable Bill Quirk California State Assembly Fullerton P.O. Box 942849 Sacramento,California 94249-0020 Garden Grove Huntington Beach RE:AB 574(Quirk)Direct Potable Reuse—Support Irvine Dear Assembly Member Quirk, La Habra The Orange County Sanitation District(OCSD)would like to express its support for Assembly La Palma Bill (AB) 574. This bill is an important step toward the accepted use and practice of direct potable reuse (DPR). As our State is set to increase its population, creative solutions to Los Alamitos chronic problems such as drought and water management will need to be addressed and Newport Beach accepted. Orange OCSD is a worldwide leader in wastewater collection,treatment, and recycling, serving 2.6 million people in central and northwest Orange County. More than 50 percent of the Placentia wastewater flow received is recycled through the Orange County Groundwater Santa Ana Replenishment System (GWRS). GWRS is the world's largest water purification system for indirect potable reuse. The system takes highly treated wastewater that would have Seal Beach previously been discharged into the Pacific Ocean and purifies it using a three-step advanced Stanton treatment process consisting of microfiltration, reverse osmosis, and ultraviolet light with hydrogen peroxide. GWRS produces approximately 100 million gallons per day (MGD) of Tustin recycled water for indirect potable reuse within the County. Villa Park OCSD is a forward-thinking agency that understands that the needs of the future should be County of Orange planned for now. AB 574 requires the State Water Resources Control Board to adopt regulations forthe use of recycled water and eliminates confusion between indirect potable Costa Mesa reuse and direct potable reuse. DPR secured a major victory last year when Assembly Bill Sanitary District 2022 (Gordon), co-sponsored by OCSD, was signed into law allowing advanced purified Midway City recycled water to be bottled for educational purposes.OCSD supports legislation such as AB Sanitary District 574 that continues the momentum on developing statewide regulations for DPR. Irvine Ran If you have any questions regarding the Orange County Sanitation District and the services Water Dist r we provide, please do not hesitate to contact me. Yorba In Water DistrirG Sincerely, _ I Gregory C.Sebourn, PIS Board Chairman Our Mission: To protect public health and the environment by _ providing effective wastewater collection, treatment, and recycling. AMENDED IN ASSEMBLY APRIL 18, 2017 AMENDED IN ASSEMBLY MARCH 23,2017 CALIFORNIA LEGISLATURE-2017-18 REGULAR SESSION ASSEMBLY BILL No. 574 Introduced by Assembly Member Quirk February 14, 2017 An act to amend Sections 13560 and 13561 of,to amend the heading of Chapter 7.3 (commencing with Section 13560)of Division 7 of,and to add Sections 13560.5 and 13561.2 to, the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST AB 574, as amended, Quirk. Potable reuse. Existing law establishes the State Water Resources Control Board and the California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law required the State Department of Public Health to, on or before December 31, 2013, adopt uniform water recycling criteria for indirect potable reuse for groundwater recharge. Existing law also required the department to develop and adopt uniform water recycling criteria for surface water augmentation, as defined, by December 31, 2016,if a specified expert panel found that the criteria would adequately protect public health, and required the department to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse and to provide a final report on that investigation to the Legislature by December 31, 2016. Existing law defined the terms "direct potable reuse,"`indirect potable reuse for groundwater recharge," and "surface water augmentation" for these purposes. Existing law 97 AB 574 —2— transferred these powers and responsibilities to the State Water Resources Control Board on July 1, 2014. This bill would remove certain references to "direct potable reuse," "indirect potable reuse for groundwater recharge," and"surface water augmentation," and would instead specify the four different types of potable reuse projects as "groundwater augmentation," "reservoir augmentation,""raw water augmentation,"and"treated drinking water augmentation." The bill would require the state board, on or before December 31, 2021,to adopt uniform water recycling criteria for potable reuse through raw water augmentation, as specified, and would allow the board to extend this date if certain criteria is met.The bill would permit the state board to adopt the uniform water recycling criteria as emergency regulations,as specified. This bill would make certain findings and declarations relating to potable reuse,including a finding that the state board,on or before June 1, 2018, should establish a framework for the regulation of potable reuse projects. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. The heading of Chapter 7.3 (commencing with 2 Section 13560) of Division 7 of the Water Code is amended to 3 read: 4 5 CHAPTER 7.3. POTABLE REUSE 6 7 SEC. 2. Section 13560 of the Water Code is amended to read: 8 13560. The Legislature finds and declares the following: 9 (a) In February 2009, the state board unanimously adopted, as 10 Resolution No. 2009-0011, an updated water recycling policy, 11 which includes the goal of increasing the use of recycled water in 12 the state over 2002 levels by at least 1,000,000 acre-feet per year 13 by 2020 and by at least 2,000,000 acre-feet per year by 2030. 14 (b) Section 13521 requires the department to establish uniform 15 statewide recycling criteria for each varying type of use of recycled 16 water where the use involves the protection of public health. 97 -3— AB 574 1 (c) Achievement of the state's goals depends on the timely 2 development of uniform statewide recycling criteria for potable 3 water reuse and of a clear pathway for approval of potable reuse 4 projects. 5 (d) This chapter is not intended to delay, invalidate, or reverse 6 any study or project, or development of regulations by the 7 department, the state board, or the regional boards regarding the 8 use of recycled water for potable reuse. 9 (e) This chapter shall not be construed to delay, invalidate, or 10 reverse the state board's ongoing review of projects consistent 11 with Section 116551 of the Health and Safety Code. 12 (f) The water recycling goals of 700,000 acre-feet of water per 13 year by the year 2000 and 1,000,000 acre-feet of water per year 14 by the yew 2010,established in Section 13577,have not been met. 15 (g) It is the intent of the Legislature to encourage the 16 development of potable reuse to mitigate the impact of long-term 17 drought and climate change. 18 (h) A 2014 report by the WateReuse Research Foundation,"The 19 Opportunities and Economics of Direct Potable Reuse"found that 20 potable reuse could provide up to 1.1 million acre-feet per year of 21 new drinking water supplies for California. 22 (i) The state board adopted uniform water recycling criteria for 23 the replenishment of groundwater basins in June 2014 and is 24 developing uniform water recycling criteria for the augmentation 25 of surface water reservoirs pursuant to Section 13562. 26 0) The state board report to the Legislature, "Investigation on 27 the Feasibility of Developing Uniform Water Recycling Criteria 28 for Direct Potable Reuse," found that it is feasible to develop 29 uniform water recycling criteria for direct potable reuse that is 30 protective of public health. 31 (k) The state board report to the Legislature stated that the state 32 board should develop a common framework across various types 33 of direct potable reuse projects to help avoid discontinuities in the 34 risk assessment and then sequentially develop uniform water 35 recycling criteria. 36 SEC. 3. Section 13560.5 is added to the Water Code,to read: 37 13560.5. The Legislature finds and declares that on or before 38 June 1,2018,the state board should establish a framework for the 39 regulation of potable reuse projects. When establishing the 40 framework, the state board should include all of the following: 97 AB 574 —4- 1 (a) The consideration of recommendations provided in the state 2 board's "Investigation on the Feasibility of Developing Uniform 3 Water Recycling Criteria for Direct Potable Reuse.' 4 (b) A schedule for completing the recommended research 5 described in "Investigation on the Feasibility of Developing 6 Uniform Water Recycling Criteria for Direct Potable Reuse." 7 (c) A regulatory framework for potable reuse projects that will 8 be protective of public health. 9 (d) A process and timeline for updating, if necessary, uniform 10 water recycling criteria for potable reuse through reservoir 11 augmentation. 12 SEC. 4. Section 13561 of the Water Code is amended to read: 13 13561. For purposes of this chapter, the following terms have 14 the following meanings: 15 (a) "Department' or "state board" means the State Water 16 Resources Control Board. 17 (b) "Potable reuse" means the planned use of municipal 18 wastewater that has gone through multiple barrier treatment 19 processes to produce or supplement a drinking water supply that 20 has at least an equivalent level of public health protection as other 21 sources of water supply permitted under the California Safe 22 Drinking WaterAct(Chapter 4(commencing with Section 116270) 23 of Part 12 of Division 104 of the Health and Safety Code). A 24 potable reuse project is any one of the following: 25 (1) "Groundwater augmentation"means the planned placement 26 of recycled water for replenishment of a groundwater basin or an 27 aquifer that has been designated as the source of water supply for 28 a public water system,as defined in Section 116275 of the Health 29 and Safety Code. 30 (2) "Reservoir augmentation"means the planned placement of 31 recycled water into a raw surface water reservoir used as a source 32 of domestic drinking water supply for a public water system, as 33 defined in Section 116275 of the Health and Safety-cede: Code, 34 or into a constructed system conveying water to such a reservoir. 35 (3) `Raw water augmentation" means the planned placement 36 of recycled water into a system of pipelines or aqueducts that 37 deliver raw water to a drinking water treatment-plan plant that 38 provides water to a public water system, as defined in Section 39 116275 of the Health and Safety Code. 97 -5— AB 574 1 (4) "Treated drinking water augmentation"means the planned 2 placement of recycled water into the water distribution system of 3 a public water system,as defined in Section 116275 of the Health 4 and Safety Code. 5 (c) "Uniform water recycling criteria" has the same meaning 6 as in Section 13521. 7 SEC. 5. Section 13561.2 is added to the Water Code,to read: 8 13561.2. (a) (1) On or before December 31, 2021, the state 9 board shall adopt uniform water recycling criteria for potable reuse 10 through raw water augmentation. The state board shall develop 11 the uniform water recycling criteriaforpotable reuse through raw 12 water augmentation after soliciting stakeholder input from water 13 agencies, wastewater agencies, local public health officers, 14 environmental organizations,environmentaljustice organizations, 15 public health nongovernmental organizations, and the business 16 community. 17 (2) If the state board finds that the recommended research 18 described in subdivision (b) of Section 13560.5 is insufficient to 19 adopt the uniform water recycling criteria by December 31,2021, 20 the state board may, by June 30, 2021, extend the uniform water 21 recycling criteria deadline by up to 18 months. 22 (3) If the state board finds that it needs longer than the date 23 specified in paragraph (2), the state board shall do both of the 24 following: 25 (A) Consult with an independent expert review panel to 26 determine why the additional 18-month extension cannot be met. 27 The review panel shall also make the following determinations: 28 (i) The outstanding tasks necessary for the state board to 29 complete the uniform water recycling criteria. 30 (ii) A revised completion date for the state board to complete 31 the uniform water recycling criteria. 32 (B) No later than December 31,2021,submit to the Legislature 33 the findings and determinations made by the independent expert 34 review panel under subparagraph(A). 35 (b) Nothing in this section shall prohibit the state board from 36 using its existing authority to permit potable reuse projects pursuant 37 to Section 116550 of the Health and Safety Code before the 38 adoption of uniform recycling criteria pursuant to this section. 39 (c) Regulations adopted by the state board pursuant to this 40 section,and any amendment thereto,shall be adopted as emergency 97 AB 574 —6- 1 regulations in accordance with Chapter 3.5 (commencing with 2 Section 11340)of Part 1 of Division 3 of Title 2 of the Government 3 Code.The adoption of these regulations is an emergency and shall 4 be considered by the Office of Administrative Law as necessary 5 for the immediate preservation of the public peace,health, safety, 6 and general welfare. Notwithstanding Chapter 3.5 (commencing 7 with Section 11340) of Part 1 of Division 3 of Title 2 of the 8 Government Code,any emergency regulations adopted by the state 9 board shall remain in effect until revised by the state board.Before 10 adopting the regulations under this section, the state board shall 11 allow for public comment and hearing. The state board shall 12 provide an opportunity for public review and comment on the 13 proposed regulations for at least 60 days and shall consider public 14 comments before adopting the regulations. O 97