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
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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.
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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:
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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.
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-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
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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
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