SECTIONS 13560-13569 - California Statutes

WATER CODE

SECTION 13560-13569

13560. The Legislature finds and declares the following:
(a) In February 2009, the state board unanimously adopted, as
Resolution No. 2009-0011, an updated water recycling policy, which
includes the goal of increasing the use of recycled water in the
state over 2002 levels by at least 1,000,000 acre-feet per year by
2020 and by at least 2,000,000 acre-feet per year by 2030.
(b) Section 13521 requires the department to establish uniform
statewide recycling criteria for each varying type of use of recycled
water where the use involves the protection of public health.
(c) The use of recycled water for indirect potable reuse is
critical to achieving the state board's goals for increased use of
recycled water in the state. If direct potable reuse can be
demonstrated to be safe and feasible, implementing direct potable
reuse would further aid in achieving the state board's recycling
goals.
(d) Although there has been much scientific research on public
health issues associated with indirect potable reuse through
groundwater recharge, there are a number of significant unanswered
questions regarding indirect potable reuse through surface water
augmentation and direct potable reuse.
(e) Achievement of the state's goals depends on the timely
development of uniform statewide recycling criteria for indirect and
direct potable water reuse.
(f) This chapter is not intended to delay, invalidate, or reverse
any study or project, or development of regulations by the
department, the state board, or the regional boards regarding the use
of recycled water for indirect potable reuse for groundwater
recharge, surface water augmentation, or direct potable reuse.
(g) This chapter shall not be construed to delay, invalidate, or
reverse the department's ongoing review of projects consistent with
Section 116551 of the Health and Safety Code.

13561. For purposes of this chapter, the following terms have the
following meanings:
(a) "Department" means the State Department of Public Health.
(b) "Direct potable reuse" means the planned introduction of
recycled water either directly into a public water system, as defined
in Section 116275 of the Health and Safety Code, or into a raw water
supply immediately upstream of a water treatment plant.
(c) "Indirect potable reuse for groundwater recharge" means the
planned use of recycled water for replenishment of a groundwater
basin or an aquifer that has been designated as a source of water
supply for a public water system, as defined in Section 116275 of the
Health and Safety Code.
(d) "Surface water augmentation" means the planned placement of
recycled water into a surface water reservoir used as a source of
domestic drinking water supply.
(e) "Uniform water recycling criteria" has the same meaning as in
Section 13521.

13561.5. The state board shall enter into an agreement with the
department to assist in implementing this chapter.

13562. (a) (1) On or before December 31, 2013, the department shall
adopt uniform water recycling criteria for indirect potable reuse
for groundwater recharge.
(2) (A) Except as provided in subparagraph (C), on or before
December 31, 2016, the department shall develop and adopt uniform
water recycling criteria for surface water augmentation.
(B) Prior to adopting uniform water recycling criteria for surface
water augmentation, the department shall submit the proposed
criteria to the expert panel convened pursuant to subdivision (a) of
Section 13565. The expert panel shall review the proposed criteria
and shall adopt a finding as to whether, in its expert opinion, the
proposed criteria would adequately protect public health.
(C) The department shall not adopt uniform water recycling
criteria for surface water augmentation pursuant to subparagraph (A),
unless and until the expert panel adopts a finding that the proposed
criteria would adequately protect public health.
(b) Adoption of uniform water recycling criteria by the department
is subject to the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.

13563. (a) (1) The department shall investigate and report to the
Legislature on the feasibility of developing uniform water recycling
criteria for direct potable reuse.
(2) The department shall complete a public review draft of its
report by June 30, 2016. The department shall provide the public not
less than 45 days to review and comment on the public review draft.
(3) The department shall provide a final report to the Legislature
by December 31, 2016. The department shall make the final report
available to the public.
(b) In conducting the investigation pursuant to subdivision (a),
the department shall examine all of the following:
(1) The availability and reliability of recycled water treatment
technologies necessary to ensure the protection of public health.
(2) Multiple barriers and sequential treatment processes that may
be appropriate at wastewater and water treatment facilities.
(3) Available information on health effects.
(4) Mechanisms that should be employed to protect public health if
problems are found in recycled water that is being served to the
public as a potable water supply, including, but not limited to, the
failure of treatment systems at the recycled water treatment
facility.
(5) Monitoring needed to ensure protection of public health,
including, but not limited to, the identification of appropriate
indicator and surrogate constituents.
(6) Any other scientific or technical issues that may be
necessary, including, but not limited to, the need for additional
research.
(c) (1) Notwithstanding Section 10231.5 of the Government Code,
the requirement for submitting a report imposed under paragraph (3)
of subdivision (a) is inoperative on December 31, 2020.
(2) A report to be submitted pursuant to paragraph (3) of
subdivision (a) shall be submitted in compliance with Section 9795 of
the Government Code.

13563.5. (a) The department, in consultation with the state board,
shall report to the Legislature as part of the annual budget process,
in each year from 2011 to 2016, inclusive, on the progress towards
developing and adopting uniform water recycling criteria for surface
water augmentation and its investigation of the feasibility of
developing uniform water recycling criteria for direct potable reuse.
(b) (1) A written report submitted pursuant to subdivision (a)
shall be submitted in compliance with Section 9795 of the Government
Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2017.

13564. In developing uniform recycling criteria for surface water
augmentation, the department shall consider all of the following:
(a) The final report from the National Water Research Institute
Independent Advisory Panel for the City of San Diego Indirect Potable
Reuse/Reservoir Augmentation (IPR/RA) Demonstration Project.
(b) Monitoring results of research and studies regarding surface
water augmentation.
(c) Results of demonstration studies conducted for purposes of
approval of projects using surface water augmentation.
(d) Epidemiological studies and risk assessments associated with
projects using surface water augmentation.
(e) Applicability of the advanced treatment technologies required
for recycled water projects, including, but not limited to, indirect
potable reuse for groundwater recharge projects.
(f) Water quality, limnology, and health risk assessments
associated with existing potable water supplies subject to discharges
from municipal wastewater, stormwater, and agricultural runoff.
(g) Recommendations of the State of California Constituents of
Emerging Concern Recycled Water Policy Science Advisory Panel.
(h) State funded research pursuant to Section 79144 and
subdivision (b) of Section 79145.
(i) Research and recommendations from the United States
Environmental Protection Agency Guidelines for Water Reuse.
(j) Other relevant research and studies regarding indirect potable
reuse of recycled water.

13565. (a) (1) The department shall convene and administer an
expert panel for the purposes of advising the department on public
health issues and scientific and technical matters regarding
development of uniform water recycling criteria for indirect potable
reuse through surface water augmentation and investigation of the
feasibility of developing uniform water recycling criteria for direct
potable reuse.
(2) The expert panel shall be comprised, at a minimum, of a
toxicologist, an engineer licensed in the state with at least three
years' experience in wastewater treatment, an engineer licensed in
the state with at least three years' experience in treatment of
drinking water supplies and knowledge of drinking water standards, an
epidemiologist, a microbiologist, and a chemist.
(3) Members of the expert panel may be reimbursed for reasonable
and necessary travel expenses.
(b) (1) The department may appoint an advisory group, task force,
or other group, comprised of no fewer than nine representatives of
water and wastewater agencies, local public health officers,
environmental organizations, environmental justice organizations,
public health nongovernmental organizations, and the business
community, to advise the department regarding the development of
uniform water recycling criteria for direct potable reuse.
(2) Environmental, environmental justice, and public health
nongovernmental organization representative members of the advisory
group, task force, or other group may be reimbursed for reasonable
and necessary travel expenses.

13566. (a) Recommendations from the expert panel appointed pursuant
to subdivision (a) of Section 13565.
(b) Recommendations from an advisory group, task force, or other
group appointed by the department pursuant to subdivision (b) of
Section 13565.
(c) Regulations and guidelines for these activities from
jurisdictions in other states, the federal government, or other
countries.
(d) Research by the state board regarding unregulated pollutants,
as developed pursuant to Section 10 of the recycled water policy
adopted by state board Resolution No. 2009-0011.
(e) Results of investigations pursuant to Section 13563.
(f) Water quality and health risk assessments associated with
existing potable water supplies subject to discharges from municipal
wastewater, stormwater, and agricultural runoff.

13567. An action authorized pursuant to this chapter shall be
consistent, to the extent applicable, with the federal Clean Water
Act (33 U.S.C. Sec. 1251 et seq.), the federal Safe Drinking Water
Act (42 U.S.C. Sec. 300f et seq.), this division, and the California
Safe Drinking Water Act (Chapter 4 (commencing with Section 116270)
of Part 12 of Division 104 of the Health and Safety Code).

13569. The department may accept funds from any source, and may
expend these funds, upon appropriation by the Legislature, for the
purposes of this chapter.