California 2011-2012 Regular Session Status: Passed Assembly

AB 2398 — Water recycling.

Last action — Referred to Coms. on N.R. & W. and E.Q.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes the State Water Resources Control Board (state board) and the California regional water quality control boards (regional boards) as the principal state agencies with authority over matters relating to water quality. Existing law requires the State Department of Public Health (department) to adopt uniform water recycling criteria for indirect potable water reuse for groundwater recharge, as defined, by December 31, 2013. Existing law requires 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 convened by the department finds that the criteria would adequately protect public health. Existing law requires the department to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse, as defined, and to provide a final report on that investigation to the Legislature by December 31, 2016. Existing law requires the department, in consultation with the state board, to report to the Legislature from 2011 to 2016, inclusive, as part of the annual budget process, on the progress towards developing and adopting the water recycling criteria for surface water augmentation and its investigation of the feasibility of developing water recycling criteria for direct potable reuse. Existing law requires the state board to enter into an agreement with the department to assist in implementing the water recycling criteria provisions. This bill would enact the Water Recycling Act of 2012 to revise and consolidate those and other provisions relating to recycled water, and make other conforming changes to existing law. The act would establish a statewide goal to recycle a total of 1.5 million acre-feet of water per year by 2020 and 2.5 million acre-feet of water per year by 2030. The act would require the state board and regional boards, the department, the Public Utilities Commission, the Department of Water Resources, and other state agencies to exercise the authority and discretion granted to them by the Legislature to encourage the use of recycled water and meet the goals of the act. The act would require the department, on or before December 31, 2013, to adopt drinking water criteria for groundwater recharge projects utilizing recycled water. The bill would require the department, on or before December 31, 2016, to develop and adopt drinking water criteria for the use of advanced treated purified water for raw water augmentation projects not subject to the drinking water criteria for groundwater recharge projects utilizing recycled water. The act would subject those criteria to review by an expert panel convened and administered by the department to advise the department on public health issues and scientific and technical matters. The act would prescribe the types and contents of permits for recycled water to be issued by the state board or a regional board, as appropriate. Because certain reports submitted as part of the permit application process would be submitted under penalty of perjury, this bill would impose a state-mandated local program by creating a new crime. The act would establish the Water Recycling Research Fund and require that certain civil penalties be deposited into the fund, to be expended by the state board, upon appropriation by the Legislature, to conduct or fund research necessary to support the continued and safe use of recycled water in the state. The bill would also authorize the department to issue permits in accordance with prescribed procedures for raw water augmentation projects to specified entities and would prohibit the operation of a raw water augmentation project without a permit, as prescribed. The bill would subject permittees to filing and permit fees established by the department. Revenues from those fees would be required to be deposited in the Augmentation Permit Fund, which the bill would create. The money in the fund would be available, upon appropriation by the Legislature, solely for the purposes of the permit program. This bill would permit the department to suspend or revoke a permit after a hearing, as prescribed, would authorize the director of the department to issue certain orders when a person has violated or is violating the provisions of the permit program, and would permit specified judicial review. This bill would permit a duly authorized representative of the department, in order to carry out the purposes of the program, to do prescribed inspections, and would make it a misdemeanor for any person to prevent, interfere with, or attempt to impede in any way the representative. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Referred to Coms. on N.R. & W. and E.Q.

  2. In Senate. Read first time. To Com. on RLS. for assignment.

  3. Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 11. Page 5066.)

  4. Read second time. Ordered to third reading.

  5. From committee: Do pass. (Ayes 12. Noes 5.) (May 25).

  6. In committee: Set, first hearing. Referred to APPR. suspense file.

  7. Re-referred to Com. on APPR.

  8. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  9. In committee: Hearing postponed by committee.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 24). Re-referred to Com. on APPR.

  11. Re-referred to Com. on E.S. & T.M.

  12. From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.

  13. From committee: Do pass and re-refer to Com. on E.S. & T.M. (Ayes 9. Noes 1.) (April 10). Re-referred to Com. on E.S. & T.M.

  14. Re-referred to Com. on W., P. & W.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P. & W. Read second time and amended.

  16. Referred to Coms. on W., P. & W. and E.S. & T.M.

  17. Read first time.

  18. From printer. May be heard in committee March 27.

  19. Introduced. To print.

Sponsors

  • Hueso · Primary
  • Huffman · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 2 voted No

Sponsors (1)

  • Hueso

Co-sponsors (1)

  • Huffman

Not signed on (120)

120 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2398 HUESO Assembly Third Reading

Passed 62 Yea · 11 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 601007
Republican 1100
Democratic 1000
Total 621107
% of votes cast 78%14%0%9%
How each member voted (80)
Member Party Vote
Gorell — Yea
Hagman — Nay
Feuer — Yea
Yamada — Yea
Butler — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Fong — Yea
Allen — Yea
Harkey — Nay
Hill — Yea
Huber — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huffman — Yea
Jeffries — Yea
Knight — Nay
Carter — Yea
Mansoor — Nay
Bonilla — Yea
Atkins — Yea
Mendoza — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Monning — Yea
Nestande — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Valadao — Yea
Williams — Yea
Fletcher — Not Voting
Halderman — Not Voting
Hall — Not Voting
Donnelly — Nay
Logue — Nay
Morrell — Nay
Silva — Nay
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Lara — Yea
Ma — Not Voting
Miller — Yea
Norby — Yea
Nielsen — Nay
Smyth — Yea
Solorio — Yea
Wagner — Yea
Wieckowski — Not Voting
Cedillo — Not Voting
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Gatto — Yea
Mitchell — Yea
Ammiano — Yea
Davis — Yea
Donnelly — Nay
Hill — Yea
Lara — Yea
Norby — Nay
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Nielsen — Nay
Solorio — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Environmental Safety and Toxic Materials.

Passed 9 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8103
Republican 1000
Total 9103
% of votes cast 69%8%0%23%
How each member voted (13)
Member Party Vote
Halderman — Not Voting
Hueso — Yea
Fong — Yea
Campos — Yea
Lara — Yea
Blumenfield — Not Voting
Huffman — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Roger Hernández — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 2398 do?
Existing law establishes the State Water Resources Control Board (state board) and the California regional water quality control boards (regional boards) as the principal state agencies with authority over matters relating to water quality. Existing law requires the State Department of Public Health (department) to adopt uniform water recycling criteria for indirect potable water reuse for groundwater recharge, as defined, by December 31, 2013. Existing law requires 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 convened by the department finds that the criteria would adequately protect public health. Existing law requires the department to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse, as defined, and to provide a final report on that investigation to the Legislature by December 31, 2016. Existing law requires the department, in consultation with the state board, to report to the Legislature from 2011 to 2016, inclusive, as part of the annual budget process, on the progress towards developing and adopting the water recycling criteria for surface water augmentation and its investigation of the feasibility of developing water recycling criteria for direct potable reuse. Existing law requires the state board to enter into an agreement with the department to assist in implementing the water recycling criteria provisions. This bill would enact the Water Recycling Act of 2012 to revise and consolidate those and other provisions relating to recycled water, and make other conforming changes to existing law. The act would establish a statewide goal to recycle a total of 1.5 million acre-feet of water per year by 2020 and 2.5 million acre-feet of water per year by 2030. The act would require the state board and regional boards, the department, the Public Utilities Commission, the Department of Water Resources, and other state agencies to exercise the authority and discretion granted to them by the Legislature to encourage the use of recycled water and meet the goals of the act. The act would require the department, on or before December 31, 2013, to adopt drinking water criteria for groundwater recharge projects utilizing recycled water. The bill would require the department, on or before December 31, 2016, to develop and adopt drinking water criteria for the use of advanced treated purified water for raw water augmentation projects not subject to the drinking water criteria for groundwater recharge projects utilizing recycled water. The act would subject those criteria to review by an expert panel convened and administered by the department to advise the department on public health issues and scientific and technical matters. The act would prescribe the types and contents of permits for recycled water to be issued by the state board or a regional board, as appropriate. Because certain reports submitted as part of the permit application process would be submitted under penalty of perjury, this bill would impose a state-mandated local program by creating a new crime. The act would establish the Water Recycling Research Fund and require that certain civil penalties be deposited into the fund, to be expended by the state board, upon appropriation by the Legislature, to conduct or fund research necessary to support the continued and safe use of recycled water in the state. The bill would also authorize the department to issue permits in accordance with prescribed procedures for raw water augmentation projects to specified entities and would prohibit the operation of a raw water augmentation project without a permit, as prescribed. The bill would subject permittees to filing and permit fees established by the department. Revenues from those fees would be required to be deposited in the Augmentation Permit Fund, which the bill would create. The money in the fund would be available, upon appropriation by the Legislature, solely for the purposes of the permit program. This bill would permit the department to suspend or revoke a permit after a hearing, as prescribed, would authorize the director of the department to issue certain orders when a person has violated or is violating the provisions of the permit program, and would permit specified judicial review. This bill would permit a duly authorized representative of the department, in order to carry out the purposes of the program, to do prescribed inspections, and would make it a misdemeanor for any person to prevent, interfere with, or attempt to impede in any way the representative. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2398?
AB 2398 is sponsored by Hueso and Huffman.
What is the current status of AB 2398?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2398?
Track AB 2398 free on One Click Politics — get push/email alerts when it moves.

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