HomeMy WebLinkAboutMINUTES - 08092011 - C.16RECOMMENDATION(S):
SUPPORT Assembly Bill 134 (Dickinson): Sacramento Regional County Sanitation
District, a bill that would provide an additional procedural option for the District to realize
the benefit of its treated wastewater discharges, potentially marketing that water to willing
purchasers to offset the cost of its $2.1 billion in required plant upgrades, as recommended
by the Legislation Committee.
FISCAL IMPACT:
Depending on the outcome of its anticipated permit application to the State Board to
appropriate water up to an amount equal in volume to its discharge, Sac Regional could
potentially market that water to willing purchasers, thereby offsetting part of what has been
estimated to be nearly $2.1 billion in treatment plant upgrades that will be necessary to
comply with recent regulatory actions taken by the Central Valley Regional Water Quality
Control Board.
BACKGROUND:
Existing law:
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 08/09/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney,
925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: August 9, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.16
To:Board of Supervisors
From:Legislation Committee
Date:August 9, 2011
Contra
Costa
County
Subject:SUPPORT AB 134 (Dickinson): Sacramento Regional County Sanitation District
1. Provides that the owner of a wastewater treatment plant shall hold the exclusive right to
the treated wastewater.
2. Requires approval from the State Water Resources Control Board (SWRCB) for a change
in the point of discharge, place of use, or purpose of use of treated wastewater, unless such
change does not decrease flow in any portion of a watercourse.
3. Protects wastewater which has been introduced into the watercourse with the intention of
maintaining or enhancing fishery, wildlife, recreational or other instream beneficial uses
from being treated as abandoned and subject to appropriation by others.
4. Allows waste disposal plants discharging into the San Joaquin River to apply for a permit
to appropriate up to an amount of water equivalent to the discharge less carriage losses and
to sell or utilize that water for any beneficial purpose.
AB 134 would do the following:
1. Allows the Sacramento Regional County Sanitation District (SRCSD) to file an
application with the SWRCB for a permit to appropriate an amount of water equal to the
amount of treated wastewater discharged, less carriage losses, for diversion out of the
Sacramento River or Sacramento-San Joaquin Delta.
2. Clarifies that any permit granted by the SWRCB will be subject to the terms and
conditions authorized under applicable law.
3. Declares a special law is necessary due to the unique problems applicable to full
utilization of the waters of the Sacramento River into which the SRCSD discharges treated
wastewater.
According to the author, "This legislation would provide an additional procedural option for
[Sac Regional] to realize the benefit of its treated wastewater discharges. Depending on the
outcome of its anticipated permit application to the State Board to appropriate water up to
an amount equal in volume to its discharge, [Sac Regional] could potentially market that
water to willing purchasers, thereby offsetting part of what has been estimated to be nearly
$2.1 billion in treatment plant upgrades that will be necessary to comply with recent
regulatory actions taken by the Central Valley Regional Water Quality Control Board
('Regional Board')."
Six Southern California water agencies submitted a letter stating "Although several of our
previous concerns have been addressed in amendments to the bill, we remain opposed due
to the precedent it creates as other wastewater dischargers would be encouraged to seek
similar authorization to appropriate their effluent discharges. In addition, we are concerned
that the 'market opportunities' the bill would provide to SRCSD can actually serve as a
disincentive for water conservation in the region."
This legislation is aligned with the Board's adopted Water Platform policy of
BACKGROUND: (CONT'D)
Regional Self-Sufficiency: "All export regions should be implementing all water supply
options available to them to reduce stress on the Delta as a limited resource. An argument
could be made that the project would add to the region’s water supply options, thereby
reducing the stress on the Delta."
It could also be argued that the bill furthers the Platform policy related to water quality:
Water Quality, Water Quality and Delta Outflow: "Protection and improvement of water
quality, quantity and outflow, determination and assurance of adequate water for the
delta ecosystem and examination of the State and Federal project operations (including
potential for reduced exports) are recommended here."
The Legislation Committee recommends that the Board of Supervisors support the bill.
The County supported the bill in concept on April 15, 2011. (See attachment.)
SUPPORT: Sacramento Regional County Sanitation District (source), American Rivers
California Apartment Association, California Association of Sanitation Agencies,
California League of Food Processors, California Teamsters Public Affairs Council,
Campbell Soup Company, Central Contra Costa Sanitary District, Cities of Citrus
Heights, Elk Grove, Rancho Cordova, Sacramento, and West Sacramento,
Congresswoman Doris Matsui County of Sacramento, County of Yolo, Downtown
Sacramento Partnership, Marriott Cal Expo Properties, Midtown Business Association,
Nor-Cal Beverage Co., Inc., North State Building Industry Association, Rental Housing
Association of Sacramento Valley, Sacramento Metro Chamber, The Nature
Conservancy, The River District
OPPOSITION : Cucamonga Valley Water District, Eastern Municipal Water District,
Irvine Ranch Water District, Metropolitan Water District of Southern California, Three
Valleys Municipal Water District, Upper San Gabriel Valley Municipal Water District
STATUS: Senate Third Reading File
CONSEQUENCE OF NEGATIVE ACTION:
There will be no record of the Board's support for Assembly Bill 134.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
AB 134 Bill Text and Support in Concept letter
AMENDED IN ASSEMBLY APRIL 15, 2011
AMENDED IN ASSEMBLY MARCH 23, 2011
california legislature—2011–12 regular session
ASSEMBLY BILL No. 134
Introduced by Assembly Member Dickinson
(Coauthor: Assembly Member Huber)
(Principal coauthor: Senator Steinberg)
(Coauthor: Senator Wolk)
January 12, 2011
An act to add Section 1486 to the Water Code, relating to water
resources.
legislative counsel’s digest
AB134, as amended, Dickinson.Appropriation of water: Sacramento
Regional County Sanitation District.
Under existing law, the State Water Resources Control Board
administers a water rights program pursuant to which the state board
grants permits and licenses to appropriate water.
Existing law requires the owner of a wastewater treatment plant to
obtain the approval of the state board prior to making any changes in
the point of discharge, place of use, or purpose of use of treated
wastewater, and requires the state board to review the proposed changes
in accordance with prescribed procedures.
This bill would authorize the Sacramento Regional County Sanitation
District to file an application for a permit to appropriate a specified
amount of water that is based on the volume of treated wastewater that
the district discharges into the Sacramento River, as specified. The bill
would authorize the state board to grant a permit to appropriate that
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treated wastewater upon terms and conditions determined by the state
board.The bill would require the board, prior to granting a permit
pursuant to these provisions, to comply with permit, approval, and
review requirements and other laws applicable to the appropriation of
water.
This bill would make legislative findings and declarations as to the
necessity of a special statute for the Sacramento Regional County
Sanitation District.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION 1.The Legislature finds and declares all of the
following:
(a) The people of the State of California have a primary interest
in the development of facilities to produce recycled water to
supplement existing surface water and groundwater supplies and
to assist in meeting the future water requirements of the state.
(b) It is the intent of the Legislature that the state expeditiously
undertake all possible steps to encourage the development of water
recycling facilities so that recycled water may be made available
to meet the growing water supply needs of the state.
(c) It is in the best interest of the people of the State of
California, in enacting this act, to provide an additional means for
the Sacramento Regional County Sanitation District to realize the
benefit of its production and discharge of high-quality recycled
water, and to provide a potential revenue stream to offset the high
costs associated with upgrades to the sanitation district’s
wastewater treatment plant, to meet new wastewater treatment
requirements under the national pollutant discharge elimination
system permit issued by the California Regional Water Quality
Control Board, Central Valley.
SEC. 2.
SECTION 1. Section 1486 is added to the Water Code, to read:
1486. (a) The Sacramento Regional County Sanitation District,
and any successor thereto, with respect to treated wastewater
produced by the sanitation district that meets the requirements of
the California Regional Water Quality Control Board, Central
Valley, as may be amended or modified, and that is discharged
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— 2 —AB 134
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into the Sacramento River, may file an application for a permit to
appropriate an amount of water up to the amount of treated
wastewater that is discharged into the Sacramento River, less
diminution by seepage, evaporation, transportation, or other natural
causes between the point of discharge from the wastewater
treatment plant and the point of diversion out of the Sacramento
River or the Sacramento-San Joaquin Delta.
(b) Upon application for a permit to appropriate water pursuant
to subdivision (a), the board may grant the permit subject to the
terms and conditions as in the board’s judgment are necessary for
the protection of the rights of any legal user of the water.
(c) Prior to the board granting a permit under subdivision (b),
the board shall comply with the provisions of Part 2 (commencing
with Section 1200) of Division 2, and other applicable law, and
may impose terms and conditions authorized thereunder.
(c)
(d) Water appropriated in accordance with this section may be
sold or utilized for any beneficial purpose.
SEC. 3.
SEC. 2.The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique problems applicable to the full
utilization of the waters of the Sacramento River and the
Sacramento-San Joaquin Delta, into which treated wastewater
discharged by the Sacramento Regional County Sanitation District
flows.
O
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AB 134— 3 —
The Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, California 94553
John Gioia, 1st District
Gayle B. Uilkema, 2nd District
Mary N. Piepho, 3rd District
Karen Mitchoff, 4th District
Federal D. Glover, 5th District
April 15, 2011
The Honorable Roger Dickinson
State Capitol Room 3126
Sacramento, CA 95814
RE: AB 134 (Dickinson): Appropriation of Water: Sacramento Regional
County Sanitation District – SUPPORT IN CONCEPT
Dear Assembly Member Dickinson:
As Chair of the Contra Costa County Board of Supervisors, I write to express our
support in concept for your bill, AB 134. This bill would enable the Sacramento
Regional County Sanitation District to sell the District’s high-quality recycled wastewater
to downstream users, contingent on the issuance of a permit from the State Water
Resources Control Board.
We are aware that state water regulators last December directed the District to
construct new treatment facilities at its wastewater treatment plant to limit ammonia
levels discharged into the Delta. These upgrades will make a direct and lasting
contribution to achieving the state’s co-equal goals of Delta ecosystem restoration and a
reliable water supply for California.
AB 134 addresses a fundamental principle that is important to Contra Costa County and
to the Delta Counties Coalition in which we participate -- that the costs of restoring the
Delta to benefit those who live and work outside the Delta should not be borne
disproportionately by Delta residents. The bill provides the Sacramento Regional
County Sanitation District with the opportunity to generate revenue from the sale of its
high quality water to offset the costs of complying with state permit requirements. We
believe the Sanitation District’s request in AB 134 to apply for another state permit for
this purpose to offset the cost to its ratepayers is reasonable and appropriate.
Contra Costa County’s Delta water policies also support increased water conservation.
Consequently, we share the concern of the Water Parks and Wildlife Committee staff
that legislation should not provide incentives for a water seller to increase water use in
order to maximize revenue. We support consideration of an amendment recognizing
David Twa
Clerk of the Board
and
County Administrator
(925) 335-1900
Contra
Costa
County
2
the need for increased conservation in the Sacramento region and limit the total volume
of wastewater that could be subject to appropriation under this bill.
For these reasons, Contra Costa County supports the bill in concept.
Thank you for your efforts to protect the Delta as a place where our constituents live
and work.
Sincerely,
GAYLE B. UILKEMA
Chair, Board of Supervisors
cc: Assembly Member Jared Huffman, Chair, Assembly Water, Parks and Wildlife Committee
Members, Assembly Water, Parks and Wildlife Committee
Consultants, Assembly Water, Parks and Wildlife Committee
Contra Costa County Legislative Delegation
Members, Board of Supervisors
L. DeLaney, County Administrator’s Office
M. Avalon, Flood Control District
S. Goetz, Deputy Director, Conservation & Development Dept.
C. Christian, Nielsen, Merksamer, Parrinello, Gross & Leoni
P. Kutras, Delta Counties Coalition