Chapter 7.5Water Recycling Act of 1991
Section § 13575
This section is part of the Water Recycling Act of 1991. It defines several important terms related to water recycling in California. For example, a 'customer' is anyone who buys water from a retail supplier, and an 'entity responsible for groundwater replenishment' is any authorized group managing groundwater resources. 'Recycled water' refers to water as described in another legal section. The text also defines who is considered a 'recycled water producer,' a 'recycled water wholesaler,' a 'retail water supplier,' and a 'retailer.'
Section § 13576
This law highlights California's challenges in managing water resources due to frequent droughts and rapidly growing population. It stresses the importance of using recycled water as a reliable, cost-effective alternative to traditional water sources for non-potable needs, such as agriculture and wildlife protection. Using recycled water can help alleviate pressure on natural water bodies, reduce ocean waste discharge, and improve groundwater conditions.
The law supports the safe use of recycled water and encourages building infrastructure to distribute it, which would boost job creation and the state's economy. It advises water suppliers and producers to substitute recycled water for potable and imported water, and to work together on studies and contracts to maximize the use of recycled water efficiently and cost-effectively. Pricing for recycled water should fairly distribute costs and benefits among producers and suppliers.
Section § 13577
This law sets a target for California to recycle a specific amount of water. The goal was to recycle 700,000 acre-feet annually by 2000 and increase to 1,000,000 acre-feet per year by 2010.
Section § 13578
This section focuses on increasing the use of recycled water in California as part of a statewide goal and drought planning. The Department is tasked with identifying opportunities and obstacles for expanding recycled water use, including financial barriers. A task force, called the 2002 Recycled Water Task Force, is formed to advise on improving recycled water use in industrial, commercial, and other applications. They will look at regulations, financial incentives, and necessary changes to plumbing codes. The task force includes representatives from various state agencies and other stakeholders, and it must report its findings to the Legislature by July 1, 2003. The department will proceed with these duties as long as funding is available from a specified act.
Section § 13579
This law requires retail water suppliers to identify where recycled water can be used in their service areas and find potential customers and sources for it. Recycled water producers and wholesalers can also help with this process. Additionally, these parties, along with those responsible for replenishing groundwater, can work together on studies to assess if providing recycled water services is feasible and meets specific regulatory criteria.
Section § 13580
This law explains how different parties can request access to recycled water in California. A retail water supplier can apply to a recycled water producer or wholesaler if they've identified a customer who could use recycled water. Similarly, a recycled water provider can ask a retail water supplier to supply a potential customer with recycled water.
Customers can also directly request retail suppliers to provide recycled water. If an entity wants recycled water for groundwater replenishment, it needs to request an agreement in writing from their water supplier. However, they can't get recycled water for this purpose from others without their supplier's consent. If the entity is not a customer of any supplier, they can ask any provider to supply recycled water.
Section § 13580.5
This law section outlines the process for customers to receive recycled water from retail water suppliers in certain circumstances. If a customer requests recycled water, the retail supplier must agree to provide it if available or arrange for its availability. However, the retail supplier can delegate this duty to a recycled water producer or wholesaler by a written agreement. Customers must get the retailer's agreement to obtain recycled water directly from producers or wholesalers.
If a producer or wholesaler confirms they can provide recycled water to a retailer, the retailer must offer that water to the customer within 120 days. Similarly, if the state board confirms recycled water is available, the retailer must make a similar offer within the same timeframe.
Section § 13580.7
This law applies to retail water suppliers that are either mutual water companies or public agencies. It allows a customer to request recycled water service and requires the supplier to respond within 120 days with a written offer. The recycled water rate must have a reasonable connection to costs and should generally be similar to or less than potable water rates unless the customer agrees otherwise. The offer must detail the source, delivery method, schedule, service terms, rate, and cost basis for the recycled water. Rates established before 1999 are not affected by this law.
Section § 13580.8
This section applies to water suppliers regulated by the Public Utilities Commission. It regulates how these suppliers should set rates for recycled water. These rates must be fair, offering customers a reasonable economic incentive to choose recycled water over standard potable water. Water suppliers can propose rates through tariffs or by negotiating contracts with customers. There must be a good faith effort to agree on these rates. The law also states that the commission should provide a discount on recycled or nonpotable water to make it cheaper than standard water. If this discount isn't enough to encourage customers to switch, a larger discount can be applied, which might be covered by other general water user rates.
Section § 13580.9
This section of the law specifies that if the City of West Covina sells or leases its water utility to a retail water supplier regulated by the Public Utilities Commission, certain rules apply for setting rates for using recycled or nonpotable water at closed hazardous waste and solid waste facilities. This applies to uses like irrigation, recreation, and dust suppression. If there’s any disagreement over the water supply agreement terms, another law section will be used to resolve this.
Additionally, nonpotable water, which hasn't been treated as waste, is considered equivalent to recycled water if it can be beneficially used without affecting downstream water rights or harming the environment. It must comply with state health and environmental regulations.
Section § 13581
If public agencies involved in a recycled water supply agreement can't agree on terms within 180 days of a request, any party can ask for formal mediation. Mediation must start within 60 days of this request, and if the parties can't agree on a mediator, one will be appointed. The mediator can suggest terms, and the fees, capped at $20,000, will be split equally.
If mediation leads to an agreement, both parties will draft and sign a contract within 30 days. If no agreement is reached, the retail water supplier must set a rate for the service within 30 days, subject to legal review. The mediator's recommendations are filed in court, and each party covers its own legal costs.
Section § 13581.2
If a water supplier regulated by the Public Utilities Commission can't agree on a recycled water supply contract with a customer within 180 days of a request or various communications about water availability, the disagreement will be sent to the Public Utilities Commission. They will then decide on the pricing of the recycled water, as per another regulation.
Section § 13582
This section of the law states that it doesn't change any existing rights, responsibilities, or agreements that are part of certain other specific laws. It also doesn't affect any rates or contracts made before January 1, 1999.
Section § 13583
This section outlines what customers can do if their retail water supplier fails to follow the rules. If the supplier is a public agency, customers can go to court to ask for an order that requires the supplier to comply. If the supplier is regulated by the Public Utilities Commission and isn't following the rules, customers can petition the Commission to make the supplier comply.