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AB 2270 Assembly Bill - Bill Analysis
	CURRENT BILL STATUS


MEASURE	:  A.B. No. 2270
AUTHOR(S)	:  Laird and Feuer (Coauthor: Strickland).
TOPIC	:  Recycled water: water quality.
HOUSE LOCATION	:  SEN
+LAST AMENDED DATE  :  06/12/2008


TYPE OF BILL :  
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  07/07/2008
LAST HIST. ACTION   :  From committee:  Do pass.  (Ayes  8. Noes  5.) .
FILE	:  SEN SECOND READING
FILE DATE	:  07/10/2008
ITEM	:	33

COMM. LOCATION	:  SEN APPROPRIATIONS
COMM. ACTION DATE   :  07/07/2008
COMM. ACTION	:  Do pass.
COMM. VOTE SUMMARY  :  Ayes:   08	Noes: 05	PASS

TITLE	:  An act to amend Sections 10004.6, 10633, 13523.1, 13576,
	and 13577 of, and to add Sections 13148 and 13523.3 to,
	the Water Code, relating to water.




	CURRENT BILL STATUS


MEASURE	:  A.B. No. 2270
AUTHOR(S)	:  Laird and Feuer (Coauthor: Strickland).
TOPIC	:  Recycled water: water quality.
HOUSE LOCATION	:  SEN
+LAST AMENDED DATE  :  06/12/2008


TYPE OF BILL :  
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  06/24/2008
LAST HIST. ACTION   :  From committee:  Do pass, and re-refer to Com. on  APPR.
	Re-referred.  (Ayes  7. Noes  1.) .
COMM. LOCATION	:  SEN APPROPRIATIONS
HEARING DATE	:  07/07/2008

TITLE	:  An act to amend Sections 10004.6, 10633, 13523.1, 13576,
	and 13577 of, and to add Sections 13148 and 13523.3 to,
	the Water Code, relating to water.

	CURRENT BILL STATUS


MEASURE	:  A.B. No. 2270
AUTHOR(S)	:  Laird and Feuer (Coauthor: Strickland).
TOPIC	:  Recycled water: water quality.
HOUSE LOCATION	:  SEN
+LAST AMENDED DATE  :  06/12/2008


TYPE OF BILL :  
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  06/24/2008
LAST HIST. ACTION   :  From committee:  Do pass, and re-refer to Com. on  APPR.
	Re-referred.  (Ayes  7. Noes  1.) .
COMM. LOCATION	:  SEN APPROPRIATIONS

TITLE	:  An act to amend Sections 10004.6, 10633, 13523.1, 13576,
	and 13577 of, and to add Sections 13148 and 13523.3 to,
	the Water Code, relating to water.



	CURRENT BILL STATUS


MEASURE	:  A.B. No. 2270
AUTHOR(S)	:  Laird and Feuer (Coauthor: Strickland).
TOPIC	:  Recycled water: water quality.
HOUSE LOCATION	:  SEN
+LAST AMENDED DATE  :  06/12/2008


TYPE OF BILL :  
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  06/17/2008
LAST HIST. ACTION   :  From committee:  Do pass, and re-refer to Com. on  N.R.
	& W. Re-referred.  (Ayes  5. Noes  2.) .
COMM. LOCATION	:  SEN NATURAL RESOURCES AND WATER
HEARING DATE	:  06/24/2008

TITLE	:  An act to amend Sections 10004.6, 10633, 13523.1, 13576,
	and 13577 of, and to add Sections 13148 and 13523.3 to,
	the Water Code, relating to water.



	CURRENT BILL STATUS


MEASURE	:  A.B. No. 2270
AUTHOR(S)	:  Laird and Feuer (Coauthor: Strickland).
TOPIC	:  Recycled water: water quality.
HOUSE LOCATION	:  SEN
+LAST AMENDED DATE  :  06/12/2008


TYPE OF BILL :  
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  06/12/2008
LAST HIST. ACTION   :  From committee chair, with author's amendments:  Amend,
	and re-refer to committee.  Read second time, amended,
	and re-referred to Com. on  E.Q.
COMM. LOCATION	:  SEN ENVIRONMENTAL QUALITY
COMM. ACTION DATE   :  06/16/2008
COMM. ACTION	:  Do pass, but re-refer to the Committee on Natural
	Resources and Water.
COMM. VOTE SUMMARY  :  Ayes:   05	Noes: 02	PASS

TITLE	:  An act to amend Sections 10004.6, 10633, 13523.1, 13576,
	and 13577 of, and to add Sections 13148 and 13523.3 to,
	the Water Code, relating to water.


	CURRENT BILL STATUS


MEASURE	:  A.B. No. 2270
AUTHOR(S)	:  Laird and Feuer (Coauthor: Strickland).
TOPIC	:  Recycled water: water quality.
HOUSE LOCATION	:  SEN
+LAST AMENDED DATE  :  06/12/2008


TYPE OF BILL :  
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  06/12/2008
LAST HIST. ACTION   :  From committee chair, with author's amendments:  Amend,
	and re-refer to committee.  Read second time, amended,
	and re-referred to Com. on  E.Q.
COMM. LOCATION	:  SEN ENVIRONMENTAL QUALITY
HEARING DATE	:  06/16/2008

TITLE	:  An act to amend Sections 10004.6, 10633, 13523.1, 13576,
	and 13577 of, and to add Sections 13148 and 13523.3 to,
	the Water Code, relating to water.



	CURRENT BILL STATUS


MEASURE	:  A.B. No. 2270
AUTHOR(S)	:  Laird and Feuer (Coauthor: Strickland).
TOPIC	:  Recycled water: water quality.
HOUSE LOCATION	:  SEN
+LAST AMENDED DATE  :  05/28/2008


TYPE OF BILL :  
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  06/02/2008
LAST HIST. ACTION   :  In Senate.  Read first time.  To Com. on RLS. for
	assignment.
COMM. LOCATION	:  ASM WATER, PARKS AND WILDLIFE

TITLE	:  An act to amend Sections 10004.6, 10633, 13523.1, 13576,
	and 13577 of, and to add Sections 13148 and 13523.3 to,
	the Water Code, relating to water.



	CURRENT BILL STATUS


MEASURE	:  A.B. No. 2270
AUTHOR(S)	:  Laird and Feuer (Coauthor: Strickland).
TOPIC	:  Recycled water: water quality.
HOUSE LOCATION	:  ASM
+LAST AMENDED DATE  :  05/28/2008


TYPE OF BILL :  
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  05/29/2008
LAST HIST. ACTION   :  From committee:  Do pass.  (Ayes  9. Noes  3.) (May
	29).  Read second time.  To third reading.  Read third
	time, passed, and to Senate.
COMM. LOCATION	:  ASM WATER, PARKS AND WILDLIFE

TITLE	:  An act to amend Sections 10004.6, 10633, 13523.1, 13576,
	and 13577 of, and to add Sections 13148 and 13523.3 to,
	the Water Code, relating to water.


	CURRENT BILL STATUS


MEASURE	:  A.B. No. 2270
AUTHOR(S)	:  Laird and Feuer (Coauthor: Strickland).
TOPIC	:  Recycled water: water quality.
HOUSE LOCATION	:  ASM
+LAST AMENDED DATE  :  05/23/2008


TYPE OF BILL :  
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  05/27/2008
LAST HIST. ACTION   :  Read second time.  To third reading.
FILE	:  ASM THIRD READING
FILE DATE	:  05/28/2008
ITEM	:	140

COMM. LOCATION	:  ASM APPROPRIATIONS
COMM. ACTION DATE   :  05/22/2008
COMM. ACTION	:  Do pass as amended.
COMM. VOTE SUMMARY  :  Ayes:   12	Noes: 04	PASS

TITLE	:  An act to amend Sections 10004.6, 10633, 13523.1, 13576,
	and 13577 of, and to add Sections 13148 and 13523.3 to,
	the Water Code, relating to water.



	UNOFFICIAL BALLOT
MEASURE:	AB 2270
AUTHOR:	Laird
TOPIC:	Recycled water: water quality.
DATE:	04/15/2008
LOCATION:	ASM. W.,P. & W.
MOTION:	Do pass and be re-referred to the Committee on Appropriations.
	(AYES   9. NOES   4.)  (PASS)


	AYES
	****

Wolk	Caballero	Eng	Furutani
Huffman	Lieu	Mullin	Parra
Salas


	NOES
	****

Maze	Anderson	Berryhill	La Malfa


	ABSENT, ABSTAINING, OR NOT VOTING
	*********************************





BILL ANALYSIS

Original Link: http://leginfo.ca.gov/pub/07-08/bill/asm/ab_2251-2300/ab_2270_cfa_20080414_130112_asm_comm.html

 AB 2270
                                                                  Page  1

          Date of Hearing:   April 15, 2008

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                                  Lois Wolk, Chair
                    AB 2270 (Laird) - As Amended:  March 25, 2008
           
          SUBJECT  :   Recycled water

           SUMMARY  :   Requires additional reporting on recycled water and  
          allows local limitations on salinity inputs.  Specifically,  this  
          bill  :  

             1)   Requires the Department of Water Resources (DWR) to  
               include the statewide water recycling targets in the study  
               of water needs, in conjunction with the California Water  
               Plan updates on a 5-year cycle.

             2)   Requires urban water management plans to specify the  
               quantity of recycled water available for use currently and  
               into the future 20 years.

             3)   Allows any local agency that operates a sewer system to  
               control residential salinity inputs, including inputs from  
               water softeners, after a finding by the State Water  
               Resources Control Board (SWRCB) or a regional water quality  
               board, in certain proceedings, that residential salinity  
               control would help meet water quality standards.

             4)   Changes certain recycled water reports from a quarterly  
               to an annual requirement.

             5)   Requires submission of annual recycled water reports to  
               regional water quality boards and the National WateReuse  
               Foundation database.

             6)   Makes legislative findings regarding recycled water.

           EXISTING LAW  authorizes use of recycled water under certain  
          conditions and imposes conditions on local agency limitations on  
          use of water softeners.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   The Water Recycling Act of 1991 set a 2010 target  
          for California to use 








                                                                  AB 2270
                                                                  Page  2

          1 million acre-feet of recycled water.  While there is no  
          definitive calculation of the amount of recycled water use,  
          recent estimates suggest 600-700,000 acre-feet of current use.   
          The most recent California Water Plan estimates future recycled  
          water use at between 900,000 and 
          1.4 million acre-feet - in 2030.  This likely failure to meet  
          the 2010 target has been attributed to several factors,  
          including inconsistent regional water quality board regulation.   
          Last year, the Legislature passed a bill authorizing a statewide  
          recycled water use permit system 
          (AB 1481/De La Torre, Chap. 535).

          In response to concerns about the state's progress on recycled  
          water, SWRCB has developed a statewide policy, in order to  
          encourage greater use of recycled water.  That proposed policy  
          includes a requirement that the regional water quality boards  
          (except Santa Ana, which already has a salt management plan)  
          adopt salt management plans, as increased salt loads in the  
          source water makes recycling more difficult.  Urban salinity  
          discharges to the state's rivers and streams also have received  
          increased attention in recent years, particularly in the  
          burgeoning San Joaquin Valley, with a recent salinity conference  
          held in Sacramento a few weeks ago.

          AB 2270 would expand availability of information as to recycled  
          water use and allow local agencies to control one of the most  
          significant impediments to expanding recycled water -  
          residential salinity discharges to sewer systems.  Requiring DWR  
          to include recycled water in the California Water Plan study of  
          water needs would allow the state to adjust the targets as new  
          information on the progress of recycled water use emerges.   
          Submission of use data to the regional boards and the national  
          database would improve public access and monitoring of recycled  
          water use, which is limited currently.  California would know  
          better when it achieves its statutory targets for recycled water  
          use.

          The authorization of local regulation of water softeners is the  
          more controversial part of this bill, and arises out of a long  
          history of legislative debate over water softeners, dating back  
          25 years.  The Health & Safety Code includes provisions for use  
          of residential water softeners and suggests that Californians  
          have a "right to a water supply that is effective and functional  
          for domestic requirements."  The statutory connection to water  
          softeners seems to imply a right to use water softeners to  








                                                                  AB 2270
                                                                  Page  3

          achieve that "effective and functional" water supply.  The  
          statute therefore limits local agency authority to regulate  
          softeners, requiring the agency to make certain findings as to  
          the necessity of such regulation.  (Cal. Health & Safety Code   
          116786.)  These findings must be substantiated by an  
          "independent study of discharges of all sources of salinity,"  
          and the agency must enforce limits on non-residential saline  
          discharges before limiting water softeners.  Limits on softeners  
          may only be prospective, barring any requirement of removal of  
          existing water softeners and allowing owners of such softeners  
          to continue discharging salt into community sewers.   Advocates  
          of this bill assert that these requirements are burdensome and  
          costly, discouraging local agencies from doing anything about  
          softeners' saline discharges, which can exceed a pound of salt  
          each day from each softener.

          After the state did not meet the 2000 target of 700,000  
          acre-feet of recycled water use, the Legislature created a task  
          force to examine, among other things, state and local  
          regulations that limit the use of recycled water. The 2003  
          Recycled Water Task Force report made the following  
          recommendation:

               Local agencies should be empowered to regulate the  
               discharge of residential water softeners in the same manner  
               as other sources of discharge into sewers. Legislation  
               should be proposed to amend the Health and Safety Code  
               Sections 116775 through 116795 to reduce the restrictions  
               on the local ability to impose bans on or more stringent  
               standards for residential water softeners.

          Opponents from the water softener industry point to the long  
          history of legislative debate over limitations on softeners, and  
          assert that local agencies have not justified the need for any  
          change.  They argue that this bill is unnecessary because local  
          agencies that follow the statutory process ultimately may  
          regulate water softeners, noting two cities that now regulate  
          water softeners.  Bill advocates respond that salinity discharge  
          standards have been increased, making it more difficult to  
          comply and requiring urgent action that cannot be delayed to  
          complete a multi-year, costly study of salinity inputs.  The  
          City of Dixon notes that it has received an immediate cease &  
          desist order and a civil fine that threatens their entire city,  
          while citizens continue to dump salt into their sewer.  Dixon  
          complains that the State penalizes cities while preventing local  








                                                                  AB 2270
                                                                  Page  4

          agencies from having direct control over salt from softeners.  
          Some opponents suggest that this bill is "outlawing an industry  
          and denying citizens the right to improve the quality of their  
          water."  These opponents do not explain that there are  
          alternatives to the self-regenerating water softeners that  
          discharge significant amount of salts into public waste water.   
          No one has a "right" to discharge pollutants into the public.    
          AB 2270 allows local regulation of salinity inputs where the  
          community has a problem with salinity discharges or recycling,  
          but does not outlaw the water softener industry.  By allowing  
          each agency to make the determination how to regulate salinity  
          inputs, the bill allows tailored responses to specific problems  
          facing each community, which may differ.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 


          Association of California Water Agencies
          CA Alliance for Golf
          CA Association of Sanitation Agencies
          City of Dixon
          City of Roseville
          East Bay Municipal Utility District 
               (in concept)
          Eastern Municipal Water District
          Inland Empire Utilities Agency
          Las Virgenes Municipal Water District
          Los Angeles County Sanitation Districts
          Metropolitan Water District of Southern CA
          Monterey Regional Water Pollution Control
          Sacramento. Reg. Wastewater Treatment
          Santa Ana Watershed Project Authority
          Southern California Water Committee
          Vallecitos Water District
          WateReuse Association

           
           Opposition 


          Alfonzo Ugalde
          American Home Solutions
          AmeriTek Industries








                                                                 AB 2270
                                                                  Page  5

          Aqua Blue
          Aqua Kleen
          B & D Quality Water, Inc.
          Challenger Water International, Inc.
          Clear Water Corp.
          Crystal King
          Culligan Water Solutions (& affiliates)
          DuPure International
          EcoWater Systems (& affiliates)
          Environmental Aqua, Inc. (& affiliates)
          Evans Plumbing Inc.
          Good Water Warehouse, Inc.
          Investment on Financial Capital
          James Fischer & Son, Inc.
          Kevin Shaw Plumbing, Inc.
          Kinetico Quality Water
          Life Ionizers

          Morton Salt
          Pacific Water Quality Association
          Pat's Water, Inc.
          Performance Water Products Inc.
          Plumbing Concepts, Inc.
          Precision Installation Products, Inc.
          Puronics Water Systems, Inc.
          QMP, Inc.
          Quality Water, Inc.
          Rain Soft
          Randazzo's Water Conditioning
          Rayne Water Conditioning, Inc.
          TaylorMade Water Systems, Inc.
          Water Conditioning & Purification Magazine
          Water Quality Association
          Water Resources International, Inc.
          Water Techniques
          Water Warehouse
          Weeks Drilling & Pump Co.
          West Coast Services
            
          Analysis Prepared by  :    Alf W. Brandt / W., P. & W. / (916)  
          319-2096 








            

 

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