BILL NUMBER: AB 725	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 25, 2015

   An act to  amend Section 13050 of   add
Section 13529.6 to  the Water Code, relating to water quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 725, as amended, Wagner. Water quality:  Porter-Cologne
Water Quality Control Act.   recycled water:
storm-induced overflow   . 
   Under existing law, the State Water Resources Control Board and
the California regional water quality control boards prescribe waste
discharge requirements in accordance with the federal Clean Water Act
and the Porter-Cologne Water Quality Control  Act (state
act). The state act defines various terms for purposes of the act.
  Act. Existing law requires any person who causes or
permits an unauthorized discharge of a specified amount of recycled
water in any waters of the state or where the recycled water is, or
probably will be, discharged in or on any waters of the state, to
notify the appropriate regional board, as prescribed.  
   This bill would make various nonsubstantive changes to these
definitions.  
   This bill, on or before December 31, 2016, would require the state
board, in consultation with stakeholders, to adopt a policy to
address the potential for a storm-induced overflow from an
impoundment in which recycled water is stored for subsequent
beneficial use or aesthetic purposes. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 13529.6 is added to the 
 Water Code   , to read: 
   13529.6.   On or before December 31, 2016, the state board, in
consultation with stakeholders, shall adopt a policy to address the
potential for a storm-induced overflow from an impoundment in which
recycled water is stored for subsequent beneficial use or aesthetic
purposes. This policy shall be developed to maximize the use of
available recycled water storage capacity and the potential for
recycled water to be used in impoundments designed for aesthetic
purposes. In developing this policy, the state board shall consider
all of the following:  
   (a) The need for long- and short-term water supply availability.
 
   (b) Efficient use of water resources.  
   (c) The need for storage of recycled water to optimize the uses
contemplated in this chapter, including uses that vary seasonally.
 
   (d) Protection of long- and short-term economic opportunities.
 
   (e) Human health.  
   (f) Property protection.  
   (g) Environmental protection.  
   (h) Water conservation.  
  SECTION 1.    Section 13050 of the Water Code is
amended to read:
   13050.  As used in this division:
   (a) "State board" means the State Water Resources Control Board.
   (b) "Regional board" means any California regional water quality
control board for a region as specified in Section 13200.
   (c) "Person" includes any city, county, district, the state, and
the United States, to the extent authorized by federal law.
   (d) "Waste" includes sewage and any and all other waste
substances, liquid, solid, gaseous, or radioactive, associated with
human habitation, or of human or animal origin, or from any
producing, manufacturing, or processing operation, including waste
placed within containers of whatever nature prior to, and for
purposes of, disposal.
   (e) "Waters of the state" means any surface water or groundwater,
including saline waters, within the boundaries of the state.
   (f) "Beneficial uses" of the waters of the state that may be
protected against quality degradation include, but are not limited
to, domestic, municipal, agricultural and industrial supply; power
generation; recreation; aesthetic enjoyment; navigation; and
preservation and enhancement of fish, wildlife, and other aquatic
resources or preserves.
   (g) "Quality of the water" refers to chemical, physical,
biological, bacteriological, radiological, and other properties and
characteristics of water that affect its use.
   (h) "Water quality objectives" means the limits or levels of water
quality constituents or characteristics that are established for the
reasonable protection of beneficial uses of water or the prevention
of nuisance within a specific area.
   (i) "Water quality control" means the regulation of any activity
or factor that may affect the quality of the waters of the state and
includes the prevention and correction of water pollution and
nuisance.
   (j) "Water quality control plan" consists of a designation or
establishment for the waters within a specified area of all of the
following:
   (1) Beneficial uses to be protected.
   (2) Water quality objectives.
   (3) A program of implementation needed for achieving water quality
objectives.
   (k) "Contamination" means an impairment of the quality of the
waters of the state by waste to a degree which creates a hazard to
the public health through poisoning or through the spread of disease.
"Contamination" includes any equivalent effect resulting from the
disposal of waste, whether or not waters of the state are affected.
   (l) (1) "Pollution" means an alteration of the quality of the
waters of the state by waste to a degree which unreasonably affects
either of the following:
   (A) The waters for beneficial uses.
   (B) Facilities that serve these beneficial uses.
   (2) "Pollution" may include "contamination."
   (m) "Nuisance" means anything that meets all of the following
requirements:
   (1) Is injurious to health, or is indecent or offensive to the
senses, or an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life or property.
   (2) Affects at the same time an entire community or neighborhood,
or any considerable number of persons, although the extent of the
annoyance or damage inflicted upon individuals may be unequal.
   (3) Occurs during, or as a result of, the treatment or disposal of
wastes.
   (n) "Recycled water" means water that, as a result of treatment of
waste, is suitable for a direct beneficial use or a controlled use
that would not otherwise occur and is therefor considered a valuable
resource.
   (o) "Citizen or domiciliary" of the state includes a foreign
corporation having substantial business contacts in the state or that
is subject to service of process in this state.
   (p) (1) "Hazardous substance" means either of the following:
   (A) For discharge to surface waters, any substance determined to
be a hazardous substance pursuant to Section 311(b)(2) of the Federal
Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.).
   (B) For discharge to groundwater, any substance listed as a
hazardous waste or hazardous material pursuant to Section 25140 of
the Health and Safety Code, without regard to whether the substance
is intended to be used, reused, or discarded, except that "hazardous
substance" does not include any substance excluded from Section 311
(b)(2) of the Federal Water Pollution Control Act because it is
within the scope of Section 311(a)(1) of that act.
   (2) "Hazardous substance" does not include any of the following:
   (A) Nontoxic, nonflammable, and noncorrosive stormwater runoff
drained from underground vaults, chambers, or manholes into gutters
or storm sewers.
   (B) Any pesticide that is applied for agricultural purposes or is
applied in accordance with a cooperative agreement authorized by
Section 116180 of the Health and Safety Code, and is not discharged
accidentally or for purposes of disposal, the application of which is
in compliance with all applicable state and federal laws and
regulations.
   (C) Any discharge to surface water of a quantity less than a
reportable quantity as determined by regulations issued pursuant to
Section 311(b)(4) of the Federal Water Pollution Control Act.
   (D) Any discharge to land that results, or probably will result,
in a discharge to groundwater if the amount of the discharge to land
is less than a reportable quantity, as determined by regulations
adopted pursuant to Section 13271, for substances listed as hazardous
pursuant to Section 25140 of the Health and Safety Code. No
discharge shall be deemed a discharge of a reportable quantity until
regulations set a reportable quantity for the substance discharged.
   (q) (1) "Mining waste" means all solid, semisolid, and liquid
waste materials from the extraction, beneficiation, and processing of
ores and minerals. Mining waste includes, but is not limited to,
soil, waste rock, and overburden, as defined in Section 2732 of the
Public Resources Code, and tailings, slag, and other processed waste
materials, including cementitious materials that are managed at the
cement manufacturing facility where the materials were generated.
   (2) For the purposes of this subdivision, "cementitious material"
means cement, cement kiln dust, clinker, and clinker dust.
   (r) "Master recycling permit" means a permit issued to a supplier
or a distributor, or both, of recycled water, that includes waste
discharge requirements prescribed pursuant to Section 13263 and water
recycling requirements prescribed pursuant to Section 13523.1.