Assembly Standing Committee on Water, Parks, and Wildlife

Well, good morning, everyone. Let's go ahead and get started. Hello. While we don't have a quorum, we are going to get started with witnesses and presentations so people can get on there with their day. Senator McNerney, good morning. Welcome. Please come on down. Before you, as you come down, let me just say that we have... I got 1, 2 bills on that we'll be hearing. The remainder are on consent. I have that right. For each bill, we'll allow two witnesses. And let's have you get started. If there's any other issues, I'll interrupt. Welcome. Please.

Well, thank you. This is my first presentation to the Assembly, so I'm honored to be here, and it's a pleasure.

We'll go easy on you then.

Okay, good. I was hoping. My bill, SB 31, is about using, expanding use of recycled water... Recycle water in California. And we want to make more use of it because we see that our water supply is going to be diminishing. The projections are 10% less water supply within the next decade.

So we're going to have to make up that water somehow, and SB 31 sets us in the right direction. It's a fairly small step, but nonetheless, it's a good step in the right direction. Basically, it allows tertiary water, which is treated, not potable, to be used in some applications, like decorative landscaping, like golf courses. You can use it for HOA. And my witness, Beth, will explain that a little bit more, but.

And even in some food handling, as long as it's not in the same room where the actual food is, but it can be used in actual applications. So, again, it's not a big step, but nonetheless, it's a step in the right direction. There's no opposition at all. There's plenty of support. And if there's any need to make modifications, we'll be open to that. So with that, I'll turn it over to my witness, Beth Olhasso.

Good morning, Madam Chair and Members. Beth Olhasso on behalf of WateReuse California. It's not my first time in the Assembly, as you all know. As the Senator mentioned, SB 31 makes some changes to Title 22 of the Code of Regulations. That's where the tertiary treated recycled water regulations are held.

The State Board is interested in updating Title 22, but as you can imagine, that takes staff and funding, that this isn't the climate to be asking for that. So we're trying to make a few tweaks to allow for increased use of tertiary treated recycled water. I'll just run through the quick things that we are doing.

So, as the Senator mentioned, allowing for recycled water to be used in toilet and urinal flushing in food handling or processing facilities. So just in the bathrooms, not anywhere outside of that area. Or for outdoor irrigation in food handling or processing facilities, assuming that they're not handling or processing food outside while they're watering. It allows for recycled water to be used in parks where there might be a picnic table.

And then use of that recycled water has to comply with watering regulations. So basically you're not going to be watering, irrigating when people are using the picnic tables, which isn't a common practice in parks anyway. But we are doubling down and making sure that no recycled water is being sprayed when people are really in the park or reasonably in the park. We are asking for a little leeway to allow for recycled water to be put back into decorative lakes and ponds.

And we are clarifying some of the regulations on when recycled water is considered sewage and when it is not sewage. So once it's gone through the entire treatment process, a lot of times they are saying it's not considered recycled water until it gets to its end use. So it gets to a park.

And so if there's a break in a water line, a recycled water line, before it gets to the park, it's considered raw sewage, which is a little puzzling to us because it has gone through the entire treatment process. It's just getting conveyed. And as you could imagine, the penalties and just public perceptions of saying you have spilled raw sewage is very different than recycled water. So trying to clarify that.

And then finally, making sure that a homeowners association that is irrigating their common areas with recycled water don't have to dual plumb. As you could assume, dual plumbing a property for potable and non-potable use is very is significant because we have to make sure, justifiably, that there's no backflow prevention and that nothing is getting cross connected. But if you're just irrigating, there's a difference. And so we're just clarifying those rules. And as the Senator mentioned, we have no opposition, bipartisan support.

We've been talking with the State Board about this for a long time, and we think this will help us reach the shared goals that the Legislature, the Governor, the water community all share to help reduce our reliance on imported water and boost up our local drought resilient supplies by using recycled water in every available opportunity. So we appreciate your support, and happy to take any questions.

Excellent. So what we're going to have now is members of the audience. You don't have any other witnesses? Just the one, Correct?

Correct.

Not just the one, but. Well, great. So we'll have members of the audience come forward that are in support of the bill, please.

Kasha Hunt with Nossaman on behalf of Padre Municipal Water District, Olivenhain Municipal Water District, Santa Clara Valley Water District in support. Thank you.

Good morning, Madam Chair and Members. Alfredo Arredondo on behalf of Irvine Ranch Water District in support.

Melissa Sparks-Kranz with the League of California Cities in support.

Good morning. Lily Mackay on behalf of Elsinore Valley Municipal Water District in support. Thank you.

Good morning, Madam Chair and Members. Rosanna Elliott here on behalf of the California Groundwater Coalition, also in support. Thank you.

Good morning, Chair and Members. Katie Davey with the Dairy Institute of California here in support.

Good morning. Andrea Abergel with the California Municipal Utilities Association in support.

Good morning, Chair and Members. Obed Franco here on behalf of the Contra Costa Water District in support.

Good morning. Kylie Wright with the Association of California Water Agencies in support.

Leigh Kammerich with the Rural Counties in support.

Good morning, Chair, Members of the Committee. Kathy Viatella with East Bay Municipal Utility District in support.

Good morning, Madam Chairman and Members of the Committee. Willie Pelote with Metropolitan Water District in support.

Good morning. Adam Quiñonez, California Advocates, on behalf of Santa Clarita Valley Water Agency, in support.

Ethan Nagler on behalf of the Cities of Roseville and Thousand Oaks in support.

Good morning. Jaime Minor on behalf of Eastern Municipal Water District, Monterey One Water, Santa Margarita Water District, and West Basin Municipal Water District, pleased to support. Thank you.

Well, you got a lot of them there, Senator. Are there any witnesses that are going to come forward in opposition? Any members of the audience? Seeing none. We have a motion and a second, but we don't have a quorum, so we will put this aside until we get a quorum, and then we'll take a vote.

Okay. I'd like to make a closing statement.

Would you like to close?

Yes, I would, Chairwoman. First of all, my witness clearly knows a lot about the subject, and I apologize for mispronouncing her name.

No problem.

This is a good bill. It makes sense. We need to use more recycled water. This is a step in the right direction, and I ask respectfully for an aye vote.

Couldn't agree more. I wish you Godspeed. So we'll, as soon as we get a quorum, we'll take it up for a vote. Thank you. Senator Cabaldon, come on down.

Good morning, and thank you, Madam Chair. I'm going to be brief, because this Bill is a unicorn. It is the only Bill that you will ever see about the Delta that has no opposition. This—SB 650 is the technical Bill to make changes to the Delta Stewardship Act in three particular areas, all of which are non-controversial.

First, it establishes a timeline for appeals which doesn't exist in current law, but a timeline that's longer than normal appeal processes in the state government, because the Delta is inherently controversial, number one.

Number two, it clarifies existing laws simply to be clear that persons who are eligible to file appeal include local governments, who are the main source of these appeals. And thirdly, it inserts a severability clause into the Delta Act.

The Delta Act was challenged before, and it fell as a result of the severability—the lack of a severability clause. It was restored later on, but this clause is necessary for it to succeed. I served as a Member of the Delta Protection Commission for 20 years prior to coming to the Legislature.

This is a sound, simple Bill to improve some of the procedures from the original Bill 15 years ago. With me is Supervisor Oscar Villegas on behalf of the Delta Stewardship Council.

Good morning, Madam Chair and Members of the Committee. My name is Oscar Villegas, Yolo County Supervisor. And I want to be perfectly clear. I'm here representing my own opinions, not on behalf of the Delta Protection Commission or the Delta Counties Coalition. And I want to be also perfectly clear, this Bill is not intended to streamline, advance, or impede any aspects of the Delta Conveyance Projects.

Want to make that perfectly clear. The Bill is really simply about good governance and due process, and I think right about now, I think we can all probably appreciate good governance and due process.

I spent 33 years in state government enforcing various acts, laws, rules, regulations, and I can tell you firsthand, it's very difficult when there isn't clarity in the rules, laws, and regulations that we're required to, to interpret. Three reasons why I'm here today. Number one, it represents good government. The Delta Reform Act requires efficiency and effectiveness to be implemented correctly within the Delta and all the projects that are in the Delta.

The estuary is very important. Number two, it reinforces local government's ability to have that due process as it relates to their local, local land use authority that we all want to preserve in the Delta.

And number three, it ensures that there's always, as the Senator said, legally enforceable Delta Plan, even when there might be disagreements within the plan itself, and that'll get carried out in the courts if there are disagreements. We want to make sure that we preserve the, the enforceability of the Delta Plan.

So, with that, I simply urge your support for SB 650. Thank you.

Thank you so much. Do we have anyone, members of the audience, like to come forward in support?

Good morning, Chair and Members. Obed Franco here, on behalf of the Contra Costa Water District, in support.

Good morning. Kylie Wright, on behalf of the Association of California Water Agencies, in support. Thank you.

There we go. And we got a quorum, too, lucky for you. Are there any members of the audience that are going to testify against the Bill? Okay. Seeing none. We'll bring it back to the Committee for any questions. Okay, great. So, let's go ahead and take roll.

If you'll allow me just to take roll so that we can establish a quorum, and then we'll get you a vote. How's that sound?

That sounds great.

Okay. And I'll allow you to close before we take a vote. I promise.

[Roll Call]

What a great Committee. Would you like to close, Senator?

Simply ask for an "Aye" vote. Thank you very much.

Thank you for the Bill. You are correct. It is a uniform—unicorn—as it relates to anything with the Delta, but very common-sense procedures. I appreciate you bringing it. With that, we'll take a vote on this, this one, and then we'll, we'll do our consent calendar in the previous Bill.

[Roll Call]

Great. The Bill will go out, but we'll leave it open just for a little bit of time to get other Members if should they arrive. Thank you so much, Senator. Okay. Thank you all for being here. Let's do the consent calendar and then we'll do the McInerney Bill. Do we have a motion on the consent calendar?

Thank you. We got a second. Let's take it.

[Roll Call]

Okay, and I think we had a motion and a second. Right. But we'll go ahead now and vote on Senator McInerney's Bill about recycled water.

Okay. Item number two. SB31, motion is due. Passed to Environmental, Safety and Toxic Materials Committee.

[Roll Call]

Great. Those are all the things we needed votes on. We'll leave the roll open for a little couple minutes for other folks. Thank you so much for your timeliness, Members. Okay. Welcome, Assembly Member Baines. We're gonna bring you up to speed and have you vote on.

We'll start first with the consent calendar, and then we'll go with Senator McInerney and then Senator Cabaldon's bills. So take it away. We'll have Senator Berner to her votes at the same time. Good morning. No, we'll have Senator. Oh, I did.

Thank you for the promotion.

Okay.

You're welcome.

It.

Thank you so much. Have a good day. Okay, we'll adjourn.