Water Code - Division 7: Water Quality - Chapter 7: Water Reclamation (secs. 13500 - 13557)

195 California State Water Resources Control Board (b) Notwithstanding any other provision of law or regulation, the board may enter into contracts, or may procure those services and equipment, which may be necessary to ensure prompt and complete compliance with any provisions relating to the fund imposed by either the federal Tax Reform Act of 1986 (Public Law 99-514) or the federal Clean Water Act. (Added by Stats. 1987, Ch. 1313, Sec. 1. Effective September 28, 1987.) § 13485. [Regulations] (a) The board may adopt rules and regulations necessary or convenient to implement this chapter and to meet federal requirements pursuant to the federal act. (b) The board may implement this chapter through a policy handbook that shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Government Code. (c) This section shall become operative on July 1, 2014. (Repealed (in Sec. 189) and added by Stats. 2014, Ch. 35, Sec. 190. Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.) CHAPTER 7. WATER RECLAMATION [13500. - 13557.] (Chapter 7 added by Stats. 1969, Ch. 482.) Article 1. Short Title [13500. - 13500.] (Article 1 added by Stats. 1969, Ch. 482.) § 13500. [Citation] This chapter shall be known as and may be cited as the Water Recycling Law. (Amended by Stats. 1995, Ch. 28, Sec. 25. Effective January 1, 1996.) Article 2. Declaration of Policy [13510. - 13512.] (Article 2 added by Stats. 1969, Ch. 482.) § 13510. [Legislative declaration] It is hereby declared that the people of the state have a primary interest in the development of facilities to recycle water containing waste to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the state. (Amended by Stats. 1995, Ch. 28, Sec. 26. Effective January 1, 1996.) § 13511. [Legislative findings] The Legislature finds and declares that a substantial portion of the future water requirements of this state may be economically met by beneficial use of recycled water. The Legislature further finds and declares that the utilization of recycled water by local communities for domestic, agricultural, industrial, recreational, and fish and wildlife purposes will contribute to the peace, health, safety and welfare of the people of the state. Use of recycled water constitutes the 196 Porter-Cologne Act and Related Water Code Sections January 2016 development of “new basic water supplies” as that term is used in Chapter 5 (commencing with Section 12880) of Part 6 of Division 6. (Amended by Stats. 1995, Ch. 28, Sec. 27. Effective January 1, 1996.) § 13512. [Legislative intent] It is the intention of the Legislature that the state undertake all possible steps to encourage development of water recycling facilities so that recycled water may be made available to help meet the growing water requirements of the state. (Amended by Stats. 1995, Ch. 28, Sec. 28. Effective January 1, 1996.) Article 3. State Assistance [13515. - 13515.] (Article 3 added by Stats. 1969, Ch. 482.) § 13515. [Authorization to provide loans] In order to implement the policy declarations of this chapter, the state board is authorized to provide loans for the development of water reclamation facilities, or for studies and investigations in connection with water reclamation, pursuant to the provisions of Chapter 6 (commencing with Section 13400) of this division. (Repealed and added by Stats. 1969, Ch. 482.) Article 4. Regulation of Reclamation [13520. - 13529.4.] (Article 4 added by Stats. 1969, Ch. 482.) § 13520. [Definition] As used in this article “recycling criteria” are the levels of constituents of recycled water, and means for assurance of reliability under the design concept which will result in recycled water safe from the standpoint of public health, for the uses to be made. (Amended by Stats. 1995, Ch. 28, Sec. 29. Effective January 1, 1996.) § 13521. [Statewide criteria] The State Department of Public Health shall establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. (Amended by Stats. 2010, Ch. 700, Sec. 2. Effective January 1, 2011.) § 13521.1. [Evaluation of recycled water for animal use] (a) By December 31, 2016, the state board, in consultation with impacted state agencies, shall determine whether the use of disinfected tertiary treated recycled water, as defined by Section 60301.230 of Title 22 of the California Code of Regulations, for the purpose of providing water to animals, would not pose a significant risk to public and animal health. If the state board determines that the use of disinfected tertiary treated recycled water for the purpose of providing water to animals would pose a significant risk to public or animal health, the state board shall establish uniform statewide recycling criteria for the use of disinfected tertiary treated recycled water for the purpose of 197 California State Water Resources Control Board providing water to animals. Except as provided in subdivision (c), if the state board determines that the use of disinfected tertiary treated recycled water for the purpose of providing water to animals would not pose a significant risk to public or animal health, the state board may approve the use of disinfected tertiary treated recycled water for these purposes. (b) In evaluating the use of disinfected tertiary treated recycled water for the purpose of providing water to animals, the state board shall consider, at minimum, all of the following: (1) Recommendations from the existing Advisory Panel on Constituents of Emerging Concerns in Recycled Water. (2) State-funded research performed pursuant to Section 79144 and subdivision (b) of Section 79145. (3) Research by the state board relating to unregulated pollutants. (c) Disinfected tertiary treated recycled water shall not be used in the water supply for dairy animals that are currently producing dairy products for human consumption. (d) A person shall not be required to use disinfected tertiary treated recycled water for the purposes described in this section. (e) The adoption of uniform statewide recycling criteria pursuant to this section shall be subject to the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (f) For purposes of this section, “animal” includes any domesticated bird, bovine animal, horse, mule, burro, sheep, goat, or swine. (Added by Stats. 2014, Ch. 731, Sec. 1. Effective January 1, 2015.) § 13522. [Abatement order] (a) If the State Department of Public Health or a local health officer finds that a contamination exists as a result of the use of recycled water, the department or local health officer shall order the contamination abated in accordance with the procedure provided for in Chapter 6 (commencing with Section 5400) of Part 3 of Division 5 of the Health and Safety Code. (b) The use of recycled water in accordance with the uniform statewide recycling criteria established pursuant to Section 13521, [Reports] for the purpose of this section, does not cause, constitute, or contribute to, any form of contamination, unless the department or the regional board determines that contamination exists. (Amended by Stats. 2010, Ch. 288, Sec. 40. Effective January 1, 2011.) § 13522.5. [Reports] (a) Except as provided in subdivision (e), any person recycling or proposing to recycle water, or using or proposing to use recycled water, within any region for any purpose for which recycling criteria have been established, shall file with 198 Porter-Cologne Act and Related Water Code Sections January 2016 the appropriate regional board a report containing information required by the regional board. (b) Except as provided in subdivision (e), every person recycling water or using recycled water shall file with the appropriate regional board a report of any material change or proposed change in the character of the recycled water or its use. (c) Each report under this section shall be sworn to, or submitted under penalty of perjury. (d) This section shall not be construed so as to require any report in the case of any producing, manufacturing, or processing operation involving the recycling of water solely for use in the producing, manufacturing, or processing operation. (e) Except upon the written request of the regional board, a report is not required pursuant to this section from any user of recycled water which is being supplied by a supplier or distributor for whom a master recycling permit has been issued pursuant to Section 13523.1. (Amended by Stats. 1995, Ch. 28, Sec. 32. Effective January 1, 1996.) § 13522.6. [Misdemeanor] Any person failing to furnish a report under Section 13522.5 when so requested by a regional board is guilty of a misdemeanor. (Added by Stats. 1970, Ch. 918.) § 13522.7. [Enforcement] The Attorney General, at the request of the regional board, shall petition the superior court for the issuance of a temporary restraining order, temporary injunction or permanent injunction, or combination thereof, as may be appropriate, requiring any person not complying with Section 13522.5 to comply forthwith. (Added by Stats. 1970, Ch. 918.) § 13523. [Reclamation requirements] (a) Each regional board, after consulting with and receiving the recommendations of the State Department of Public Health and any party who has requested in writing to be consulted, and after any necessary hearing, shall, if in the judgment of the board, it is necessary to protect the public health, safety, or welfare, prescribe water reclamation requirements for water that is used or proposed to be used as recycled water. (b) The requirements may be placed upon the person recycling water, the user, or both. The requirements shall be established in conformance with the uniform statewide recycling criteria established pursuant to Section 13521. The regional board may require the submission of a preconstruction report for the purpose of determining compliance with the uniform statewide recycling 199 California State Water Resources Control Board criteria. The requirements for a use of recycled water not addressed by the uniform statewide recycling criteria shall be considered on a case-by-case basis. (Amended by Stats. 2010, Ch. 288, Sec. 41. Effective January 1, 2011.) § 13523.1. [Master reclamation permit] (a) Each regional board, after consulting with, and receiving the recommendations of, the State Department of Public Health and any party who has requested in writing to be consulted, with the consent of the proposed permittee, and after any necessary hearing, may, in lieu of issuing waste discharge requirements pursuant to Section 13263 or water recycling requirements pursuant to Section 13523 for a user of recycled water, issue a master recycling permit to a supplier or distributor, or both, of recycled water. (b) A master recycling permit shall include, at least, all of the following: (1) Waste discharge requirements, adopted pursuant to Article 4 (commencing with Section 13260) of Chapter 4. (2) A requirement that the permittee comply with the uniform statewide recycling criteria established pursuant to Section 13521. Permit conditions for a use of recycled water not addressed by the uniform statewide water recycling criteria shall be considered on a case-by-case basis. (3) A requirement that the permittee establish and enforce rules or regulations for recycled water users, governing the design and construction of recycled water use facilities and the use of recycled water, in accordance with the uniform statewide recycling criteria established pursuant to Section 13521. (4) A requirement that the permittee submit a quarterly report summarizing recycled water use, including the total amount of recycled water supplied, the total number of recycled water use sites, and the locations of those sites, including the names of the hydrologic areas underlying the recycled water use sites. (5) A requirement that the permittee conduct periodic inspections of the facilities of the recycled water users to monitor compliance by the users with the uniform statewide recycling criteria established pursuant to Section 13521 and the requirements of the master recycling permit. (6) Any other requirements determined to be appropriate by the regional board. (Amended by Stats. 2010, Ch. 288, Sec. 42. Effective January 1, 2011.) § 13523.5. [Salinity standards] A regional board may not deny issuance of water reclamation requirements to a project which violates only a salinity standard in the basin plan. (Added by Stats. 1984, Ch. 1541, Sec. 9.) § 13524. [Recycling criteria and requirements] 200 Porter-Cologne Act and Related Water Code Sections January 2016 No person shall recycle water or use recycled water for any purpose for which recycling criteria have been established until water recycling requirements have been established pursuant to this article or a regional board determines that no requirements are necessary. (Amended by Stats. 1995, Ch. 28, Sec. 33. Effective January 1, 1996.) § 13525. [Injunction] Upon the refusal or failure of any person or persons recycling water or using recycled water to comply with the provisions of this article, the Attorney General, at the request of the regional board, shall petition the superior court for the issuance of a temporary restraining order, preliminary injunction, or permanent injunction, or combination thereof, as may be appropriate, prohibiting forthwith any person or persons from violating or threatening to violate the provisions of this article. (Amended by Stats. 1995, Ch. 28, Sec. 34. Effective January 1, 1996.) § 13525.5. [Misdemeanor] Any person recycling water or using recycled water in violation of Section 13524, after such violation has been called to his attention in writing by the regional board, is guilty of a misdemeanor. Each day of such recycling or use shall constitute a separate offense. (Amended by Stats. 1995, Ch. 28, Sec. 35. Effective January 1, 1996.) § 13526. [Misdemeanor] Any person who, after such action has been called to his attention in writing by the regional board, uses recycled water for any purpose for which recycling criteria have been established prior to the establishment of water recycling requirements, is guilty of a misdemeanor. (Amended by Stats. 1995, Ch. 28, Sec. 36. Effective January 1, 1996.) § 13527. [Financial assistance] (a) In administering any statewide program of financial assistance for water pollution or water quality control which may be delegated to it pursuant to Chapter 6 (commencing with Section 13400) of this division, the state board shall give added consideration to water quality control facilities providing optimum water recycling and use of recycled water. (b) Nothing in this chapter prevents the appropriate regional board from establishing waste discharge requirements if a discharge is involved. (Amended by Stats. 1995, Ch. 28, Sec. 37. Effective January 1, 1996.) § 13528. [Disclaimer] This chapter shall not be construed as affecting the powers of the State Department of Public Health. (Amended by Stats. 2010, Ch. 288, Sec. 43. Effective January 1, 2011.) 201 California State Water Resources Control Board § 13528.5. [State Board authority] (a) The state board may carry out the duties and authority granted to a regional board pursuant to this chapter. (b) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 35, Sec. 191. Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.) § 13529. [Legislative findings] The Legislature hereby finds and declares all of the following: (a) The purpose of Section 13529.2 is to establish notification requirements for unauthorized discharges of recycled water to waters of the state. (b) It is the intent of the Legislature in enacting this section to promote the efficient and safe use of recycled water. (c) The people of the state have a primary interest in the development of facilities to recycle water to supplement existing water supplies and to minimize the impacts of growing demand for new water on sensitive natural water bodies. (d) A substantial portion of the future water requirements of the state may be economically met by the beneficial use of recycled water. (e) The Legislature has established a statewide goal to recycle 700,000 acre-feet of water per year by the year 2000 and 1,000,000 acre-feet of water per year by the year 2010. (f) The use of recycled water has proven to be safe and the State Department of Health Services is drafting regulations to provide for expanded uses of recycled water. (Added by Stats. 1997, Ch. 833, Sec. 2. Effective January 1, 1998.) § 13529.2. [Unauthorized discharges] (a) Any person who , without regard to intent or negligence, causes or permits an unauthorized discharge of 50,000 gallons or more of recycled water, as defined in subdivision (c), or 1,000 gallons or more of recycled water, as defined in subdivision (d), in or on any waters of the state , or causes or permits such unauthorized discharge to be discharged where it is, or probably will be, discharged in or on any waters of the state, shall, as soon as (1) that person has knowledge of the discharge, (2) notification is possible, and (3) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the appropriate regional board. (b) For the purposes of this section, an unauthorized discharge means a discharge not authorized by waste discharge requirements pursuant to Article 4 of Chapter 4 (commencing with Section 13260), water reclamation requirements pursuant to Section 13523, a master reclamation permit pursuant to Section 13523.1, or any other provision of this division. 202 Porter-Cologne Act and Related Water Code Sections January 2016 (c) For the purposes of this section, “recycled water” means wastewater treated as “disinfected tertiary 2.2 recycled water,” as defined or described by the State Department of Health Services or wastewater receiving advanced treatment beyond disinfected tertiary 2.2 recycled water. (d) For purposes of this section, “recycled water” means “recycled water,” as defined in subdivision (n) of Section 13050, which is treated at a level less than “disinfected tertiary 2.2 recycled water,” as defined or described by the State Department of Health Services. (e) The requirements in this section supplement, and shall not supplant, any other provisions of law. (Added by Stats. 1997, Ch. 833, Sec. 3. Effective January 1, 1998.) § 13529.4. [Administrative liability] (a) Any person refusing or failing to provide the notice required by Section 13529.2, or as required by a condition of waste discharge requirements requiring notification of unauthorized releases of recycled water as defined in Section 13529.2, may be subject to administrative civil liability in an amount not to exceed the following: (1) For the first violation, or a subsequent violation occurring more than 365 days from a previous violation, five thousand dollars ($5,000). (2) For a second violation occurring within 365 days of a previous violation, ten thousand dollars ($10,000). (3) For a third or subsequent violation occurring within 365 days of a previous violation, twenty-five thousand dollars ($25,000). (b) The penalties in this section supplement, and shall not supplant, any other provisions of law. (Added by Stats. 1997, Ch. 833, Sec. 4. Effective January 1, 1998.) Article 5. Surveys and Investigations [13530. - 13530.] (Article 5 added by Stats. 1969, Ch. 482.) § 13530. [Surveys] The department, either independently or in cooperation with any person or any county, state, federal, or other agency, or on request of the state board, to the extent funds are allocated therefor, shall conduct surveys and investigations relating to the reclamation of water from waste pursuant to Section 230. (Repealed and added by Stats. 1969, Ch. 482.) Article 6. Waste Well Regulation [13540. - 13541.] (Article 6 added by Stats. 1969, Ch. 482.) § 13540. [In water-bearing strata] 203 California State Water Resources Control Board (a) A person shall not construct, maintain, or use any waste well extending to or into a subterranean water-bearing stratum that is used or intended to be used as, or is suitable for, a source of water supply for domestic purposes. (b) (1) Notwithstanding subdivision (a), when a regional board finds that water quality considerations do not preclude controlled recharge of the stratum by direct injection, and when the State Department of Public Health, following a public hearing, finds the proposed recharge will not degrade the quality of water in the receiving aquifer as a source of water supply for domestic purposes, recycled water may be injected by a well into the stratum. The State Department of Public Health may make and enforce any regulations pertaining to this subdivision as it deems proper. (2) This section shall not be construed to do either or both of the following: (A) Affect the authority of the state board or regional boards to prescribe and enforce requirements for the discharge. (B) Preempt the exercise by a water district of its existing ordinance authority to impose or implement stricter standards for protecting groundwater quality in the receiving aquifer. (c) If the State Department of Public Health makes the findings provided for in subdivision (b), the department shall consider the state board’s Statement of Policy with Respect to Maintaining High Quality of Waters in California, as set forth in Resolution 68-16, dated October 28, 1968, and shall also consider current and potential future public health consequences of the controlled recharge. (Amended by Stats. 2010, Ch. 288, Sec. 44. Effective January 1, 2011.) § 13541. [“Waste well”] As used in this article, “waste well” includes any hole dug or drilled into the ground, used or intended to be used for the disposal of waste. (Added by Stats. 1969, Ch. 482.) Article 7. Water Reuse [13550. - 13557.] (Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6.) § 13550. [Legislative findings] (a) The Legislature hereby finds and declares that the use of potable domestic water for nonpotable uses, including, but not limited to, cemeteries, golf courses, parks, highway landscaped areas, and industrial and irrigation uses, is a waste or an unreasonable use of the water within the meaning of Section 2 of Article X of the California Constitution if recycled water is available which meets all of the following conditions, as determined by the state board, after notice to any person or entity who may be ordered to use recycled water or to cease using potable water and a hearing held pursuant to Article 2 (commencing 204 Porter-Cologne Act and Related Water Code Sections January 2016 with Section 648) of Chapter 1.5 of Division 3 of Title 23 of the California Code of Regulations: (1) The source of recycled water is of adequate quality for these uses and is available for these uses. In determining adequate quality, the state board shall consider all relevant factors, including, but not limited to, food and employee safety, and level and types of specific constituents in the recycled water affecting these uses, on a user-by-user basis. In addition, the state board shall consider the effect of the use of recycled water in lieu of potable water on the generation of hazardous waste and on the quality of wastewater discharges subject to regional, state, or federal permits. (2) The recycled water may be furnished for these uses at a reasonable cost to the user. In determining reasonable cost, the state board shall consider all relevant factors, including, but not limited to, the present and projected costs of supplying, delivering, and treating potable domestic water for these uses and the present and projected costs of supplying and delivering recycled water for these uses, and shall find that the cost of supplying the treated recycled water is comparable to, or less than, the cost of supplying potable domestic water. (3) After concurrence with the State Department of Public Health, the use of recycled water from the proposed source will not be detrimental to public health. (4) The use of recycled water for these uses will not adversely affect downstream water rights, will not degrade water quality, and is determined not to be injurious to plantlife, fish, and wildlife. (b) In making the determination pursuant to subdivision (a), the state board shall consider the impact of the cost and quality of the nonpotable water on each individual user. (c) The state board may require a public agency or person subject to this article to furnish information which the state board determines to be relevant to making the determination required in subdivision (a). (Amended by Stats. 2014, Ch. 544, Sec. 14. Effective January 1, 2015.) § 13551. [Availability of recycled water] A person or public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, shall not use water from any source of quality suitable for potable domestic use for nonpotable uses, including cemeteries, golf courses, parks, highway landscaped areas, and industrial and irrigation uses if suitable recycled water is available as provided in Section 13550; however, any use of recycled water in lieu of water suitable for potable domestic use shall, to the extent of the recycled water so used, be deemed to constitute a reasonable beneficial use of that water and the use of recycled water shall not cause any loss or diminution of any existing water right. 205 California State Water Resources Control Board (Amended by Stats. 1995, Ch. 28, Sec. 40. Effective January 1, 1996.) § 13552. [Legislative intent] The amendments to Sections 13550 and 13551 of the Water Code made during the first year of the 1991–92 Regular Session are not intended to alter any rights, remedies, or obligations which may exist prior to January 1, 1992, pursuant to, but not limited to, those sections or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code. (Added by Stats. 1991, Ch. 553, Sec. 3.) § 13552.2. [Legislative findings] (a) The Legislature hereby finds and declares that the use of potable domestic water for the irrigation of residential landscaping is a waste or an unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution if recycled water, for this use, is available to the residents and meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (b) The state board may require a public agency or person subject to this section to submit information that the state board determines may be relevant in making the determination required in subdivision (a). (Amended by Stats. 1995, Ch. 28, Sec. 41. Effective January 1, 1996.) § 13552.4. [Required use for landscaping] (a) Any public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, may require the use of recycled water for irrigation of residential landscaping, if all of the following requirements are met: (1) Recycled water, for this use, is available to the user and meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (2) The use of recycled water does not cause any loss or diminution of any existing water right. (3) The irrigation systems are constructed in accordance with Chapter 3 (commencing with Section 60301) of Division 4 of Title 22 of the California Code of Regulations. (b) This section applies to both of the following: (1) New subdivisions for which the building permit is issued on or after March 15, 1994, or, if a building permit is not required, new structures for which construction begins on or after March 15, 1994, for which the State Department of Public Health has approved the use of recycled water. (2) Any residence that is retrofitted to permit the use of recycled water for landscape irrigation and for which the State Department of Public Health has approved the use of recycled water. 206 Porter-Cologne Act and Related Water Code Sections January 2016 (c) (1) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to any project that only involves the repiping, redesign, or use of recycled water for irrigation of residential landscaping necessary to comply with a requirement prescribed by a public agency under subdivision (a). (2) The exemption in paragraph (1) does not apply to any project to develop recycled water, to construct conveyance facilities for recycled water, or any other project not specified in this subdivision. (Amended by Stats. 2010, Ch. 288, Sec. 45. Effective January 1, 2011.) § 13552.5. [General statewide permit for recycled water use to irrigate landscape] (a) (1) On or before July 31, 2009, the state board shall adopt a general permit for landscape irrigation uses of recycled water for which the State Department of Public Health has established uniform statewide recycling criteria pursuant to Section 13521. (2) The state board shall establish criteria to determine eligibility for coverage under the general permit. (3) For the purpose of developing the general permit and establishing eligibility criteria to carry out paragraph (1), the state board shall hold at least one workshop and shall consult with and consider comments from the regional boards, groundwater management agencies and water replenishment districts with statutory authority to manage groundwater pursuant to their principal act, and any interested party. (4) The general permit shall include language that provides for the modification of the terms and conditions of the general permit if a regulatory or statutory change occurs that affects the application of the general permit or as necessary to ensure protection of beneficial uses. (b) The state board shall establish a reasonable schedule of fees to reimburse the state board for the costs it incurs in implementing, developing, and administering this section. (c) Following the adoption of the general permit pursuant to this section, an applicant may obtain coverage for a landscape irrigation use of recycled water by filing a notice of intent to be covered under the general permit and submitting the appropriate fee established pursuant to subdivision (b) to the state board. (d) Coverage under the general permit adopted pursuant to this section is effective if all of the following apply: (1) The applicant has submitted a completed application. (2) The state board has determined that the applicant meets the eligibility criteria established pursuant to paragraph (2) of subdivision (a). 207 California State Water Resources Control Board (3) The state board has made the application available for public review and comment for 30 days. (4) The state board has consulted with the appropriate regional board. (5) The executive officer of the state board approves the application. (e) (1) Except as provided by modification of the general permit, a person eligible for coverage under the general permit pursuant to subdivision (d) is not required to become or remain subject to individual waste discharge requirements or water reclamation requirements. (2) For a landscape irrigation use of recycled water, a person who is subject to general or individual waste discharge requirements prescribed pursuant to Section 13263 or 13377, or is subject to individual or master water reclamation requirements prescribed pursuant to Section 13523 or 13523.1, may apply for coverage under the general permit adopted pursuant to this section in lieu of remaining subject to requirements prescribed pursuant to those sections. (f) (1) The state board shall designate an ombudsperson to coordinate and facilitate communication on recycled water, on the issuance of water reclamation requirements or waste discharge requirements, as applicable, pursuant to Section 13523 or 13523.1 or this section, and on the promotion of water recycling while ensuring reasonable protection of water quality in accordance with applicable provisions of state and federal water quality law. (2) The person appointed pursuant to paragraph (1) shall facilitate consultations between the state board and the regional boards relating to matters described in that paragraph. (Added by Stats. 2007, Ch. 535, Sec. 2. Effective January 1, 2008.) § 13552.6. [Regarding cooling] (a) The Legislature hereby finds and declares that the use of potable domestic water for floor trap priming, cooling towers, and air-conditioning devices is a waste or an unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution if recycled water, for these uses, is available to the user, and the water meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (b) The state board may require a public agency or person subject to this section to submit information that the state board determines may be relevant in making the determination required in subdivision (a). (Amended by Stats. 1995, Ch. 28, Sec. 43. Effective January 1, 1996.) § 13552.8. [Required use for cooling] (a) Any public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, may require the use of recycled water in floor trap priming, cooling towers, and air-conditioning devices, if all of the following requirements are met: 208 Porter-Cologne Act and Related Water Code Sections January 2016 (1) Recycled water, for these uses, is available to the user and meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (2) The use of recycled water does not cause any loss or diminution of any existing water right. (3) If public exposure to aerosols, mist, or spray may occur, appropriate mist mitigation or mist control is provided, such as the use of mist arrestors or the addition of biocides to the water in accordance with criteria established pursuant to Section 13521. (4) The person intending to use recycled water has prepared an engineering report pursuant to Section 60323 of Title 22 of the California Code of Regulations that includes plumbing design, cross-connection control, and monitoring requirements for the public agency, which are in compliance with criteria established pursuant to Section 13521. (b) This section applies to both of the following: (1) New industrial facilities and subdivisions for which the building permit is issued on or after March 15, 1994, or, if a building permit is not required, new structures for which construction begins on or after March 15, 1994, for which the State Department of Public Health has approved the use of recycled water. (2) Any structure that is retrofitted to permit the use of recycled water for floor traps, cooling towers, or air-conditioning devices, for which the State Department of Public Health has approved the use of recycled water. (c) (1) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to any project which only involves the repiping, redesign, or use of recycled water for floor trap priming, cooling towers, or air conditioning devices necessary to comply with a requirement prescribed by a public agency under subdivision (a). (2) The exemption in paragraph (1) does not apply to any project to develop recycled water, to construct conveyance facilities for recycled water, or any other project not specified in this subdivision. (Amended by Stats. 2014, Ch. 544, Sec. 15. Effective January 1, 2015.) § 13553. [Regarding toilet flushing] (a) The Legislature hereby finds and declares that the use of potable domestic water for toilet and urinal flushing in structures is a waste or an unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution if recycled water, for these uses, is available to the user and meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (b) The state board may require a public agency or person subject to this section to furnish any information that may be relevant to making the determination required in subdivision (a). 209 California State Water Resources Control Board (c) For purposes of this section and Section 13554, “structure” or “structures” means commercial, retail, and office buildings, theaters, auditoriums, condominium projects, schools, hotels, apartments, barracks, dormitories, jails, prisons, and reformatories, and other structures as determined by the State Department of Public Health. (d) Recycled water may be used in condominium projects, as defined in Section 4125 or 6542 of the Civil Code, subject to all of the following conditions: (1) Prior to the indoor use of recycled water in any condominium project, the agency delivering the recycled water to the condominium project shall file a report with, and receive written approval of the report from, the State Department of Public Health. The report shall be consistent with the provisions of Title 22 of the California Code of Regulations generally applicable to dual plumbed structures and shall include all the following: (A) That potable water service to each condominium project will be provided with a backflow protection device approved by the State Department of Public Health to protect the agency’s public water system, as defined in Section 116275 of the Health and Safety Code. The backflow protection device approved by the State Department of Public Health shall be inspected and tested annually by a person certified in the inspection of backflow prevention devices. (B) That any plumbing modifications in the condominium unit or any physical alteration of the structure will be done in compliance with state and local plumbing codes. (C) That each condominium project will be tested by the recycled water agency or the responsible local agency at least once every four years to ensure that there are no indications of a possible cross connection between the condominium’s potable and nonpotable systems. (D) That recycled water lines will be color coded consistent with current statutes and regulations. (2) The recycled water agency or the responsible local agency shall maintain records of all tests and annual inspections conducted. (3) The condominium’s declaration, as defined in Section 4135 or 6546 of the Civil Code, shall provide that the laws and regulations governing recycled water apply, shall not permit any exceptions to those laws and regulations, shall incorporate the report described in paragraph (1), and shall contain the following statement: “NOTICE OF USE OF RECYCLED WATER This property is approved by the State Department of Public Health for the use of recycled water for toilet and urinal flushing. This water is not potable, is not suitable for indoor purposes other than toilet and urinal flushing purposes, and requires dual plumbing. Alterations and modifications to the plumbing system require a permit and are prohibited without first consulting 210 Porter-Cologne Act and Related Water Code Sections January 2016 with the appropriate local building code enforcement agency and your property management company or owners’ association to ensure that the recycled water is not mixed with the drinking water.” (e) The State Department of Public Health may adopt regulations as necessary to assist in the implementation of this section. (f) This section shall only apply to condominium projects that are created, within the meaning of Section 4030 or 6580 of the Civil Code, on or after January 1, 2008. (g) This section and Section 13554 do not apply to a pilot program adopted pursuant to Section 13553.1. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 84) by Stats. 2013, Ch. 605, Sec. 53. Effective January 1, 2014.) § 13553.1. [Legislative findings] (a) The Legislature hereby finds and declares that certain coastal areas of the state have been using sea water to flush toilets and urinals as a means of conserving potable water; that this practice precludes the beneficial reuse of treated wastewater and has had a deleterious effect on the proper wastewater treatment process, and has led to corrosion of the sea water distribution pipelines and wastewater collection systems; and that this situation must be changed. (b) There is a need for a pilot program to demonstrate that conversion to the use of recycled water in residential buildings for toilet and urinal flushing does not pose a threat to public health and safety. (c) A city that is providing a separate distribution system for sea water for use in flushing toilets and urinals in residential structures may, by ordinance, authorize the use of recycled water for the flushing of toilets and urinals in residential structures if the level of treatment and the use of the recycled water meets the criteria set by the State Department of Public Health. (Amended by Stats. 2014, Ch. 544, Sec. 16. Effective January 1, 2015.) § 13554. [Required use for toilet flushing] (a) Any public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, may require the use of recycled water for toilet and urinal flushing in structures, except a mental hospital or other facility operated by a public agency for the treatment of persons with mental disorders, if all of the following requirements are met: (1) Recycled water, for these uses, is available to the user and meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (2) The use of recycled water does not cause any loss or diminution of any existing water right. 211 California State Water Resources Control Board (3) The public agency has prepared an engineering report pursuant to Section 60323 of Title 22 of the California Code of Regulations that includes plumbing design, cross-connection control, and monitoring requirements for the use site, which are in compliance with criteria established pursuant to Section 13521. (b) This section applies only to either of the following: (1) New structures for which the building permit is issued on or after March 15, 1992, or, if a building permit is not required, new structures for which construction begins on or after March 15, 1992. (2) Any construction pursuant to subdivision (a) for which the State Department of Public Health has, prior to January 1, 1992, approved the use of recycled water. (c) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to any project which only involves the repiping, redesign, or use of recycled water by a structure necessary to comply with a requirement issued by a public agency under subdivision (a). This exemption does not apply to any project to develop recycled water, to construct conveyance facilities for recycled water, or any other project not specified in this subdivision. (Amended by Stats. 2014, Ch. 544, Sec. 17. Effective January 1, 2015.) § 13554.2. [Reimbursement of costs] (a) Any person or entity proposing the use of recycled water shall reimburse the State Department of Public Health for reasonable costs that department actually incurs in performing duties pursuant to this chapter. (b) (1) Upon a request from the person or entity proposing the use of recycled water, the State Department of Public Health shall, within a reasonable time after the receipt of the request, provide an estimate of the costs that it will reasonably incur in the performance of its duties pursuant to this chapter. (2) For purposes of implementing subdivision (a), that department shall maintain a record of its costs. In determining those costs, that department may consider costs that include, but are not limited to, costs relating to personnel requirements, materials, travel, and office overhead. The amount of reimbursement shall be equal to, and may not exceed, that department’s actual costs. (c) With the consent of the person or entity proposing the use of recycled water, the State Department of Public Health may delegate all or part of the duties that department performs pursuant to this chapter within a county to a local health agency authorized by the board of supervisors to assume these duties, if, in the judgment of that department, the local health agency can perform these duties. Any person or entity proposing the use of recycled water shall reimburse the local health agency for reasonable costs that the local health 212 Porter-Cologne Act and Related Water Code Sections January 2016 agency actually incurs in the performance of its duties delegated pursuant to this subdivision. (d) (1) Upon a request from the person or entity proposing the use of recycled water, the local health agency shall, within a reasonable time after the receipt of the request, provide an estimate of the cost it will reasonably incur in the performance of its duties delegated under subdivision (c). (2) The local health agency, if delegated duties pursuant to subdivision (c), shall maintain a record of its costs that include, but is not limited to, costs relating to personnel requirements, materials, travel, and office overhead. The amount of reimbursement shall be equal to, and may not exceed, the local health agency’s actual costs. (e) The State Department of Public Health or local health agency shall complete its review of a proposed use of recycled water within a reasonable period of time. That department shall submit to the person or entity proposing the use of recycled water a written determination as to whether the proposal submitted is complete for purposes of review within 30 days from the date of receipt of the proposal and shall approve or disapprove the proposed use within 30 days from the date on which that department determines that the proposal is complete. (f) An invoice for reimbursement of services rendered shall be submitted to the person or entity proposing the use of recycled water subsequent to completion of review of the proposed use, or other services rendered, that specifies the number of hours spent by the State Department of Public Health or local health agency, specific tasks performed, and other costs actually incurred. Supporting documentation, including receipts, logs, timesheets, and other standard accounting documents, shall be maintained by that department or local health agency and copies, upon request, shall be provided to the person or entity proposing the use of recycled water. (g) For the purposes of this section, “person or entity proposing the use of recycled water” means the producer or distributor of recycled water submitting a proposal to the department. (Amended by Stats. 2014, Ch. 544, Sec. 18. Effective January 1, 2015.) § 13554.3. [Fees] The State Water Resources Control Board may establish a reasonable schedule of fees by which it is reimbursed for the costs it incurs pursuant to Sections 13553 and 13554. (Added by Stats. 1991, Ch. 723, Sec. 4.) § 13555.2. [Finding on dual delivery systems] The Legislature hereby finds and declares that many local agencies deliver recycled water for nonpotable uses and that the use of recycled water is an effective means of meeting the demands for new water caused by drought 213 California State Water Resources Control Board conditions or population increases in the state. It is the intent of the Legislature to encourage the design and construction of water delivery systems on private property that deliver water for both potable and nonpotable uses in separate pipelines. (Amended by Stats. 1995, Ch. 28, Sec. 47. Effective January 1, 1996.) § 13555.3. [Requirement of dual delivery systems] (a) Water delivery systems on private property that could deliver recycled water for nonpotable uses described in Section 13550, that are constructed on and after January 1, 1993, shall be designed to ensure that the water to be used for only potable domestic uses is delivered, from the point of entry to the private property to be served, in a separate pipeline which is not used to deliver the recycled water. (b) This section applies to water delivery systems on private property constructed within either of the following jurisdictions: (1) One that has an urban water management plan that includes the intent to develop recycled water use. (2) One that does not have an urban water management plan that includes recycled water use, but that is within five miles of a jurisdiction that does have an urban water management plan that includes recycled water use, and has indicated a willingness to serve the water delivery system. (c) This section does not preempt local regulation of the delivery of water for potable and nonpotable uses and any local governing body may adopt requirements which are more restrictive than the requirements of this section. (Amended by Stats. 1995, Ch. 28, Sec. 48. Effective January 1, 1996.) § 13555.5. [Proposed delivery of recycled water for state landscape use; pipe installation] (a) If a recycled water producer determines that within 10 years the recycled water producer proposes to provide recycled water for use for state landscape irrigation that meets all of the conditions set forth in Section 13550, the recycled water producer shall so notify the Department of Transportation and the Department of General Services, and shall identify in the notice the area that is eligible to receive the recycled water, and the necessary infrastructure that the recycled water producer or the retail water supplier proposes to provide, to facilitate delivery of the recycled water. (b) If notice has been provided pursuant to subdivision (a), all pipe installed by the Department of Transportation or the Department of General Services for landscape irrigation within the identified area shall be of the type necessary to meet the requirements of Section 116815 of the Health and Safety Code and applicable regulations. (Added by Stats. 2006, Ch. 541, Sec. 3. Effective January 1, 2007.) 214 Porter-Cologne Act and Related Water Code Sections January 2016 § 13556. [Delivery of recycled water] In addition to any other authority provided in law, any water supplier described in subdivision (b) of Section 1745 may acquire, store, provide, sell, and deliver recycled water for any beneficial use, including, but not limited to, municipal, industrial, domestic, and irrigation uses, if the water use is in accordance with statewide recycling criteria and regulations established pursuant to this chapter. (Amended by Stats. 1995, Ch. 28, Sec. 49. Effective January 1, 1996.) § 13557. [DPH regulations for plumbing recycled water delivery] (a) On or before December 31, 2009, the department, in consultation with the State Department of Public Health, shall adopt and submit to the California Building Standards Commission regulations to establish a state version of Chapter 16 of the Uniform Plumbing Code adopted by the International Association of Plumbing and Mechanical Officials to provide design standards to safely plumb buildings with both potable and recycled water systems. (b) Commencing July 1, 2011, and annually thereafter, the department shall review and update, as necessary, the regulations developed pursuant to subdivision (a). (c) This section shall be exempt from the provisions of Section 161. (Amended by Stats. 2009, Ch. 178, Sec. 1. Effective October 11, 2009.) CHAPTER 7.3. DIRECT AND INDIRECT POTABLE REUSE [13560. - 13569.] (Chapter 7.3 added by Stats. 2010, Ch. 700, Sec. 3.) § 13560. [Legislative findings] The Legislature finds and declares the following: (a) In February 2009, the state board unanimously adopted, as Resolution No. 2009-0011, an updated water recycling policy, which includes the goal of increasing the use of recycled water in the state over 2002 levels by at least 1,000,000 acre-feet per year by 2020 and by at least 2,000,000 acre-feet per year by 2030. (b) Section 13521 requires the department to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. (c) The use of recycled water for indirect potable reuse is critical to achieving the state board’s goals for increased use of recycled water in the state. If direct potable reuse can be demonstrated to be safe and feasible, implementing direct potable reuse would further aid in achieving the state board’s recycling goals. (d) Although there has been much scientific research on public health issues associated with indirect potable reuse through groundwater recharge, there are a number of significant unanswered questions regarding indirect potable reuse through surface water augmentation and direct potable reuse. 215 California State Water Resources Control Board (e) Achievement of the state’s goals depends on the timely development of uniform statewide recycling criteria for indirect and direct potable water reuse. (f) This chapter is not intended to delay, invalidate, or reverse any study or project, or development of regulations by the department, the state board, or the regional boards regarding the use of recycled water for indirect potable reuse for groundwater recharge, surface water augmentation, or direct potable reuse. (g) This chapter shall not be construed to delay, invalidate, or reverse the department’s ongoing review of projects consistent with Section 116551 of the Health and Safety Code. (Added by Stats. 2010, Ch. 700, Sec. 3. Effective January 1, 2011.) § 13561. [Definitions] For purposes of this chapter, the following terms have the following meanings: (a) “Department” means the State Department of Public Health. (b) “Direct potable reuse” means the planned introduction of recycled water either directly into a public water system, as defined in Section 116275 of the Health and Safety Code, or into a raw water supply immediately upstream of a water treatment plant. (c) “Indirect potable reuse for groundwater recharge” means the planned use of recycled water for replenishment of a groundwater basin or an aquifer that has been designated as a source of water supply for a public water system, as defined in Section 116275 of the Health and Safety Code. (d) “Surface water augmentation” means the planned placement of recycled water into a surface water reservoir used as a source of domestic drinking water supply. (e) “Uniform water recycling criteria” has the same meaning as in Section 13521. (Added by Stats. 2010, Ch. 700, Sec. 3. Effective January 1, 2011.) § 13561.5. [State Board agreement to assist] The state board shall enter into an agreement with the department to assist in implementing this chapter. (Added by Stats. 2010, Ch. 700, Sec. 3. Effective January 1, 2011.) § 13562. [Uniform water recycling criteria] (a) (1) On or before December 31, 2013, the department shall adopt uniform water recycling criteria for indirect potable reuse for groundwater recharge. (2) (A) Except as provided in subparagraph (C), on or before December 31, 2016, the department shall develop and adopt uniform water recycling criteria for surface water augmentation. 216 Porter-Cologne Act and Related Water Code Sections January 2016 (B) Prior to adopting uniform water recycling criteria for surface water augmentation, the department shall submit the proposed criteria to the expert panel convened pursuant to subdivision (a) of Section 13565. The expert panel shall review the proposed criteria and shall adopt a finding as to whether, in its expert opinion, the proposed criteria would adequately protect public health. (C) The department shall not adopt uniform water recycling criteria for surface water augmentation pursuant to subparagraph (A), unless and until the expert panel adopts a finding that the proposed criteria would adequately protect public health. (b) Adoption of uniform water recycling criteria by the department is subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2010, Ch. 700, Sec. 3. Effective January 1, 2011.) § 13562.5. [Groundwater replenishment emergency regulations] Notwithstanding any other law, no later than June 30, 2014, the department shall adopt, by emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, requirements for groundwater replenishment using recycled water. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to this section shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the department. (Added by Stats. 2014, Ch. 3, Sec. 15. Effective March 1, 2014.) § 13563. [Investigation and report to the Legislature on uniform water recycling criteria] (a) (1) On or before December 31, 2016, the department, in consultation with the state board, shall investigate and report to the Legislature on the feasibility of developing uniform water recycling criteria for direct potable reuse. (2) The department shall complete a public review draft of its report by September 1, 2016. The department shall provide the public not less than 45 days to review and comment on the public review draft. (3) The department shall provide a final report to the Legislature by December 31, 2016. The department shall make the final report available to the public. (b) In conducting the investigation pursuant to subdivision (a), the department shall examine all of the following: 217 California State Water Resources Control Board (1) The availability and reliability of recycled water treatment technologies necessary to ensure the protection of public health. (2) Multiple barriers and sequential treatment processes that may be appropriate at wastewater and water treatment facilities. (3) Available information on health effects. (4) Mechanisms that should be employed to protect public health if problems are found in recycled water that is being served to the public as a potable water supply, including, but not limited to, the failure of treatment systems at the recycled water treatment facility. (5) Monitoring needed to ensure protection of public health, including, but not limited to, the identification of appropriate indicator and surrogate constituents. (6) Any other scientific or technical issues that may be necessary, including, but not limited to, the need for additional research. (c) (1) Notwithstanding Section 10231.5 of the Government Code, the requirement for submitting a report imposed under paragraph (3) of subdivision (a) is inoperative on December 31, 2020. (2) A report to be submitted pursuant to paragraph (3) of subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2013, Ch. 637, Sec. 1. Effective January 1, 2014.) § 13563.5. [Progress report to Legislature] (a) The department, in consultation with the state board, shall report to the Legislature as part of the annual budget process, in each year from 2011 to 2016, inclusive, on the progress towards developing and adopting uniform water recycling criteria for surface water augmentation and its investigation of the feasibility of developing uniform water recycling criteria for direct potable reuse. (b) (1) A written report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2017. (Added by Stats. 2010, Ch. 700, Sec. 3. Effective January 1, 2011. Repealed as of January 1, 2017, by its own provisions.) § 13564. [Considerations for recycling criteria for surface water augmentation] In developing uniform water recycling criteria for surface water augmentation, the department shall consider all of the following: (a) The final report from the National Water Research Institute Independent Advisory Panel for the City of San Diego Indirect Potable Reuse/Reservoir Augmentation (IPR/RA) Demonstration Project. (b) Monitoring results of research and studies regarding surface water augmentation. 218 Porter-Cologne Act and Related Water Code Sections January 2016 (c) Results of demonstration studies conducted for purposes of approval of projects using surface water augmentation. (d) Epidemiological studies and risk assessments associated with projects using surface water augmentation. (e) Applicability of the advanced treatment technologies required for recycled water projects, including, but not limited to, indirect potable reuse for groundwater recharge projects. (f) Water quality, limnology, and health risk assessments associated with existing potable water supplies subject to discharges from municipal wastewater, stormwater, and agricultural runoff. (g) Recommendations of the State of California Constituents of Emerging Concern Recycled Water Policy Science Advisory Panel. (h) State funded research pursuant to Section 79144 and subdivision (b) of Section 79145. (i) Research and recommendations from the United States Environmental Protection Agency Guidelines for Water Reuse. (j) The National Research Council of the National Academies’ report titled “Water Reuse: Potential for Expanding the Nation’s Water Supply Through Reuse of Municipal Wastewater.” (k) Other relevant research and studies regarding indirect potable reuse of recycled water. (Amended by Stats. 2013, Ch. 637, Sec. 2. Effective January 1, 2014.) § 13565. [Expert panel and advisory group] (a) (1) On or before February 15, 2014, the department shall convene and administer an expert panel for purposes of advising the department on public health issues and scientific and technical matters regarding development of uniform water recycling criteria for indirect potable reuse through surface water augmentation and investigation of the feasibility of developing uniform water recycling criteria for direct potable reuse. The expert panel shall assess what, if any, additional areas of research are needed to be able to establish uniform regulatory criteria for direct potable reuse. The expert panel shall then recommend an approach for accomplishing any additional needed research regarding uniform criteria for direct potable reuse in a timely manner. (2) The expert panel shall be comprised, at a minimum, of a toxicologist, an engineer licensed in the state with at least three years’ experience in wastewater treatment, an engineer licensed in the state with at least three years’ experience in treatment of drinking water supplies and knowledge of drinking water standards, an epidemiologist, a limnologist, a microbiologist, and a chemist. The department, in consultation with the advisory group and the state board, shall select the expert panel members. 219 California State Water Resources Control Board (3) Members of the expert panel may be reimbursed for reasonable and necessary travel expenses. (b) (1) On or before January 15, 2014, the department shall convene an advisory group, task force, or other group, comprised of no fewer than nine representatives of water and wastewater agencies, local public health officers, environmental organizations, environmental justice organizations, public health nongovernmental organizations, the department, the state board, the United States Environmental Protection Agency, ratepayer or taxpayer advocate organizations, and the business community, to advise the expert panel regarding the development of uniform water recycling criteria for direct potable reuse and the draft report required by Section 13563. The department, in consultation with the state board, shall select the advisory group members. (2) Environmental, environmental justice, and public health nongovernmental organization representative members of the advisory group, task force, or other group may be reimbursed for reasonable and necessary travel expenses. (3) In order to ensure public transparency, the advisory group established pursuant to paragraph (1) shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (c) On or before June 30, 2016, the department shall prepare a draft report summarizing the recommendations of the expert panel. (d) The department may contract with a public university or other research institution with experience in convening expert panels on water quality or potable reuse to meet all or part of the requirements of this section should the department find that the research institution is better able to fulfill the requirements of this section by the required date. (Amended by Stats. 2013, Ch. 637, Sec. 3. Effective January 1, 2014.) § 13566. [Considerations for feasibility for direct potable reuse] In performing its investigation of the feasibility of developing the uniform water recycling criteria for direct potable reuse, the department shall consider all of the following: (a) Recommendations from the expert panel appointed pursuant to subdivision (a) of Section 13565. (b) Recommendations from an advisory group, task force, or other group appointed by the department pursuant to subdivision (b) of Section 13565. (c) Regulations and guidelines for these activities from jurisdictions in other states, the federal government, or other countries. (d) Research by the state board regarding unregulated pollutants, as developed pursuant to Section 10 of the recycled water policy adopted by state board Resolution No. 2009-0011. 220 Porter-Cologne Act and Related Water Code Sections January 2016 (e) Results of investigations pursuant to Section 13563. (f) Water quality and health risk assessments associated with existing potable water supplies subject to discharges from municipal wastewater, stormwater, and agricultural runoff. (Added by Stats. 2010, Ch. 700, Sec. 3. Effective January 1, 2011.) § 13567. [Consistency with Federal Act] An action authorized pursuant to this chapter shall be consistent, to the extent applicable, with the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.), this division, and the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code). (Added by Stats. 2010, Ch. 700, Sec. 3. Effective January 1, 2011.) § 13569. [Acceptance of funds] The department may accept funds from nonstate sources and may expend these funds, upon appropriation by the Legislature, for the purposes of this chapter. (Amended by Stats. 2013, Ch. 637, Sec. 4. Effective January 1, 2014.) CHAPTER 7.5. WATER RECYCLING ACT OF 1991 [13575. - 13583.] (Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3.) § 13575. [Citation; definitions] (a) This chapter shall be known and may be cited as the Water Recycling Act of 1991. (b) As used in this chapter, the following terms have the following meanings: (1) “Customer” means a person or entity that purchases water from a retail water supplier. (2) “Entity responsible for groundwater replenishment” means any person or entity authorized by statute or court order to manage a groundwater basin and acquire water for groundwater replenishment. (3) “Recycled water” has the same meaning as defined in subdivision (n) of Section 13050. (4) “Recycled water producer” means any local public entity that produces recycled water. (5) “Recycled water wholesaler” means any local public entity that distributes recycled water to retail water suppliers and which has constructed, or is constructing, a recycled water distribution system. (6) “Retail water supplier” means any local entity, including a public agency, city, county, or private water company, that provides retail water service.