Water Code — Part 10 | WAT — United States — California law | Esheria

Water Code

Part 10 of 51 · provisions 1,801–2,000

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Local custom is only one factor in judging the reasonableness of a water use, method of use, or diversion; it cannot by itself decide the issue. This section says the coordinated state water conservation, development, and utilization plan is called the “State Water Plan.” The American River Development is included in the State Water Plan. The State may not issue a water appropriation permit for a project that would flood any part of Gold Discovery Site State Park at Coloma unless the issuance is specifically authorized by law. This section gives the Georgetown Divide Public Utility District rights to pursue a federal permit and license, limits water-rights filings and permits for certain South Fork of the American River projects for set periods, and requires some applicants to evaluate alternatives or replace lost uses.

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Provisions of Water Code

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  1. 13477.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    The provision creates the State Water Pollution Control Revolving Fund, puts its money in the State Treasury, and gives the board responsibility for administering it.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13477. The State Water Pollution Control Revolving Fund is hereby created in the State Treasury, and, notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated without regard to fiscal years to the board for expenditure in accordance with this chapter. The board is the state agency responsible for administering the fund. In order to facilitate compliance with the federal Tax Reform Act of 1986 (Public Law 99-514), there is hereby established in the fund a Federal Revolving Loan Fund Account and a State Revolving Loan Fund Account. From time-to-time thereafter, the board may modify existing accounts in the fund and may establish other accounts in the fund, and in all other funds administered by the board, which the board deems appropriate or necessary for proper administration. (Added by Stats. 1987, Ch. 1313, Sec. 1. Effective September 28, 1987.)
  2. 13477.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    This section creates the State Water Pollution Control Revolving Fund Administration Fund and directs how money in it must be handled. It also lets the board charge a limited annual financial assistance service fee and requires periodic rate adjustments to match Budget Act revenue levels.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13477.5. (a) The State Water Pollution Control Revolving Fund Administration Fund is hereby created in the State Treasury. (b) The following moneys shall be deposited in the administration fund: (1) Moneys transferred to the administration fund to pay the costs incurred by the board in connection with the administration of this chapter. (2) The amounts collected for financial assistance services pursuant to subdivision (c). (3) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys deposited in the administration fund. (c) (1) For any financial assistance made pursuant to Section 13480, the board may assess an annual charge for financial assistance services with regard to the financial assistance, not to exceed 1 percent of the financial assistance balance computed according to the true interest cost method. (2) Any amounts collected under this subdivision shall be deposited in the administration fund. (3) The financial assistance service rate authorized by this subdivision may be applied at any time during the term of the financial assistance, and once applied, shall remain unchanged for the duration of the financial assistance and shall not increase the financial assistance repayment amount as set forth in the terms and conditions imposed pursuant to this chapter. (d) Moneys in the administration fund, upon appropriation by the Legislature to the board, may be expended for payment of the reasonable costs of administering the fund. (e) The board shall set the total amount of revenue collected each year through the charges authorized by subdivision (c) at an amount that is as equal as practicable to the revenue levels set forth in the annual Budget Act for this activity. At least once each fiscal year, the board shall adjust the financial assistance service rate imposed pursuant to subdivision (c) to conform with the revenue levels set forth in the annual Budget Act. (Amended by Stats. 2008, Ch. 609, Sec. 4. Effective January 1, 2009.)
  3. 13477.6.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    Creates a grant fund in the State Treasury and lets the board assess an annual charge, spend funded moneys for certain wastewater grants or technical assistance, and prioritize projects serving severely disadvantaged communities.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13477.6. (a) The State Water Pollution Control Revolving Fund Small Community Grant Fund is hereby created in the State Treasury. (b) The following moneys shall be deposited in the grant fund: (1) Moneys transferred to the grant fund pursuant to subdivision (c). (2) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys deposited in the grant fund. (3) Any moneys deposited pursuant to Section 79723. (c) (1) For any financing made pursuant to Section 13480, the board may assess an annual charge to be deposited in the grant fund in lieu of interest that would otherwise be charged. (2) The charge authorized by this subdivision may be applied at any time during the term of the financing, and, once applied, shall remain unchanged unless the board determines that the application of the charge is any of the following: (A) No longer consistent with federal requirements regarding the fund. (B) No longer necessary. (C) Negatively affecting the board’s ability to fund projects that support its water quality goals. (3) The charge shall not increase the financing repayment amount as set forth in the terms and conditions imposed pursuant to this chapter. (4) If the board ceases collecting the charge before the financing repayment is complete, the board shall replace the charge with an identical interest rate. (d) (1) Moneys in the grant fund, upon appropriation by the Legislature to the board, may be expended, in accordance with this chapter, for grants for wastewater projects described in subdivision (c) of Section 1383 of Title 33 of the United States Code that serve small communities as defined in subdivision (a) of Section 30925 of the Public Resources Code. The board shall expend moneys appropriated from the grant fund within four years from the date of encumbrance. (2) For the purpose of approving grants, the board shall give priority to projects that serve severely disadvantaged communities. (3) In addition to the uses set forth in paragraph (1), moneys deposited in the grant fund pursuant to Section 79723, upon appropriation by the Legislature to the board, may be expended for technical assistance as authorized by Section 79725. (Amended by Stats. 2015, Ch. 673, Sec. 36. (AB 1531) Effective January 1, 2016.)
  4. 13478.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    The board may manage the revolving fund and related financing actions, and a municipality seeking matching-fund arrangements must give the board proof of fund availability by written resolution before requesting preliminary financial assistance.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13478. (a) The board may undertake any of the following: (1) Enter into agreements with the federal government for federal contributions to the fund. (2) Accept federal contributions to the fund. (3) Enter into an agreement with, and accept matching funds from, a municipality. A municipality that seeks to enter into an agreement with the board and provide matching funds pursuant to this subdivision shall provide to the board evidence of the availability of those funds in the form of a written resolution adopted by the governing body of the municipality before it requests a preliminary financial assistance commitment. (4) Use moneys in the fund for the purposes permitted by the federal act. (5) Provide for the deposit of matching funds and any other available and necessary moneys into the fund. (6) Make requests on behalf of the state for deposit into the fund of available federal moneys under the federal act and determine on behalf of the state appropriate maintenance of progress toward compliance with the enforceable deadlines, goals, and requirements of the federal act. (7) Determine on behalf of the state that publicly owned treatment works that receive financial assistance from the fund will meet the requirements of, and otherwise be treated as required by, the federal act. (8) Provide for appropriate audit, accounting, and fiscal management services, plans, and reports relative to the fund. (9) Take additional incidental action as appropriate for the adequate administration and operation of the fund. (10) Charge municipalities that elect to provide matching funds a fee to cover the actual cost of obtaining the federal funds pursuant to Section 603(d)(7) of the federal act (33 U.S.C. Sec. 1383(d)(7)) and processing the financial assistance application. The fee shall be waived by the board if sufficient funds to cover those costs are available from other sources. (11) Use money returned to the fund under clause (ii) of subparagraph (D) of paragraph (1) of subdivision (b) of Section 13480, and any other source of matching funds, if not prohibited by statute, as matching funds for the federal administrative allowance under Section 603(d)(7) of the federal act (33 U.S.C. Sec. 1383(d)(7)). (12) Expend money repaid by financial assistance recipients for financial assistance service under clauses (i) and (ii) of subparagraph (D) of paragraph (1) of subdivision (b) of Section 13480 to pay administrative costs incurred by the board under this chapter. (13) Engage in the transfer of capitalization grant funds, as authorized by Section 35.3530(c) of Title 40 of the Code of Federal Regulations and reauthorized by Public Law 109-54, to the extent set forth in an Intended Use Plan, that shall be subject to approval by the board. (14) Cross-collateralize revenue bonds with the Safe Drinking Water State Revolving Fund created pursuant to Section 116760.30 of the Health and Safety Code, as authorized by Section 35.3530(d) of Title 40 of the Code of Federal Regulations. (b) This section shall become operative on July 1, 2014. (Repealed (in Sec. 187) and added by Stats. 2014, Ch. 35, Sec. 188. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  5. 13479.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    The board may make an agreement with the federal government for federal contributions to the fund only after required matching funds are identified and it is ready to commit to the required minimum expenditure.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13479. (a) The board may enter into an agreement with the federal government for federal contributions to the fund only if both of the following conditions have been met: (1) The state has identified any required matching funds. (2) The board is prepared to commit to the expenditure of any minimum amount in the fund in the manner required by the federal act. (b) Any agreement between the board and the federal government shall contain those provisions, terms, and conditions required by the federal act, and any implementing federal rules, regulations, guidelines, and policies, including, but not limited to, agreement to the following: (1) Moneys in the fund shall be expended in an expeditious and timely manner. (2) All moneys in the fund as a result of federal capitalization grants shall be used to assure maintenance of progress toward compliance with the enforceable deadlines, goals, and requirements of the federal act, including any applicable municipal compliance deadlines. (Amended by Stats. 1995, Ch. 370, Sec. 3. Effective August 4, 1995.)
  6. 1348.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Minor Protested Applications Procedure [1345 - 1348] ( Article 1.5 added by Stats. 1980, Ch. 933, Sec. 7. )

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    This section defines when an application counts as a “minor application” for this article.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Minor Protested Applications Procedure [1345 - 1348] ( Article 1.5 added by Stats. 1980, Ch. 933, Sec. 7. ) ## 1348. For purposes of this article, a minor application shall mean either of the following: (a) Any application which does not involve direct diversions in excess of three cubic-feet per second or storage in excess of 200 acre-feet per year. (b) An application by a groundwater sustainability agency or local agency, as defined in Section 10721, for a diversion previously authorized by a temporary permit under Article 2 (commencing with Section 1433) of Chapter 6.5. (Amended by Stats. 2019, Ch. 678, Sec. 3. (AB 658) Effective January 1, 2020.)
  7. 13480.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    Money in the fund must be used only for permitted purposes, and the section lists several allowed uses such as loans, refinancing, guarantees, bond security, interest earnings, administrative costs, and certain grants or assistance.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13480. (a) Moneys in the fund shall be used only for the permissible purposes allowed by the federal act or a federal grant deposited in the fund, to the extent authorized and funded by that grant. (b) Consistent with expenditure for authorized purposes, moneys in the fund may be used for the following purposes: (1) Loans that meet all of the following requirements: (A) Are made at or below market interest rates. (B) Require annual payments of principal and any interest, with repayment commencing not later than one year after completion of the project for which the loan is made and full amortization not later than 30 years after project completion unless otherwise authorized by a federal grant deposited in the fund to the extent authorized. (C) Require the loan recipient to establish an acceptable dedicated source of revenue for repayment of a loan. (D) (i) Contain other terms and conditions required by the board or the federal act or applicable rules, regulations, guidelines, and policies. To the extent permitted by federal law, the combined interest and loan service rate shall be set at a rate that does not exceed 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds and the combined interest and loan service rate shall be computed according to the true interest cost method. If the combined interest and loan service rate so determined is not a multiple of one-tenth of 1 percent, the combined interest and loan service rate shall be set at the multiple of one-tenth of 1 percent next above the combined interest and loan service rate so determined. A loan from the fund used to finance costs of facilities planning, or the preparation of plans, specifications, or estimates for construction of publicly owned treatment works shall comply with Section 603(e) of the federal act (33 U.S.C. Sec. 1383(e)). (ii) Notwithstanding clause (i), if the loan applicant is a municipality, an applicant for a loan for the implementation of a management program pursuant to Section 319 of the federal act (33 U.S.C. Sec. 1329), or an applicant for a loan for nonpoint source or estuary enhancement pursuant to Section 320 of the federal act (33 U.S.C. Sec. 1330), and the applicant provides matching funds, the combined interest and loan service rate on the loan shall be 0 percent. A loan recipient that returns to the fund an amount of money equal to 20 percent of the remaining unpaid federal balance of an existing loan shall have the remaining unpaid loan balance refinanced at a combined interest and loan service rate of 0 percent over the time remaining in the original loan contract. (2) To buy or refinance the debt obligations of municipalities within the state at or below market rates if those debt obligations were incurred after March 7, 1985. (3) To guarantee, or purchase insurance for, local obligations where that action would improve credit market access or reduce interest rates. (4) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the state, if the proceeds of the sale of those bonds will be deposited in the fund. (5) To establish loan guarantees for similar revolving funds established by municipalities. (6) To earn interest. (7) For payment of the reasonable costs of administering the fund and conducting activities under Subchapter VI (commencing with Section 601) of the federal act (33 U.S.C. Sec. 1381 et seq.). Those costs shall not exceed 4 percent of all federal contributions to the fund, four hundred thousand dollars ($400,000) per year, or one-fifth of 1 percent per year of the current valuation of the fund, whichever amount is greatest, plus the amount of any fees collected by the state for this purpose regardless of the source. (8) For financial assistance toward the nonfederal share of the costs of grant-funded treatment works projects, to the extent permitted by the federal act. (9) Grants, principal forgiveness, negative interest rates, and any other type of, or variation on the above types of, assistance authorized by a federal grant deposited in the fund. (Amended by Stats. 2022, Ch. 60, Sec. 44. (AB 203) Effective June 30, 2022.)
  8. 13481.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    The fund may be used only to provide financial assistance for projects that meet the listed federal-plan consistency and state-priority-list requirements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13481. The fund shall be used to provide financial assistance only for projects which are (a) consistent with plans, if any, developed under Sections 205(j), 208, 303(e), 319, and 320 of the federal act, and (b) on the approved state priority list adopted under Section 216 of the federal act. (Added by Stats. 1987, Ch. 1313, Sec. 1. Effective September 28, 1987.)
  9. 13481.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    The board must give favorable consideration to certain eligible projects when administering the fund.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13481.5. The board, for the purposes of administering the fund, shall give favorable consideration to the following types of eligible projects: projects that address public health problems or the pollution of impaired water bodies, projects necessary to comply with regulatory requirements, water recycling projects, projects undertaken to prevent or minimize water quality degradation, and projects undertaken in response to an administrative enforcement order. (Added by Stats. 2004, Ch. 559, Sec. 1. Effective January 1, 2005.)
  10. 13481.6.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    An applicant receiving financial assistance for certain Pure Water San Diego Program work must make covered construction contracts require a project labor agreement meeting Section 2500 requirements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13481.6. (a) As a condition of receiving financial assistance under this chapter for work performed at the City of San Diego’s North City Water Reclamation Plant, North City Pure Water Facility, or any other portion of the Pure Water San Diego Program, an applicant shall ensure that any construction contract awarded on or after January 1, 2020, for any phase of the Pure Water San Diego Program, including, but not limited to, expanding or modifying wastewater conveyance, detention, or treatment processes at the North City Water Reclamation Plant, work on the North City Pure Water Facility or the adjacent Pure Water Pump Station, or work on any other portion of the Pure Water San Diego Program, requires the contractor to enter into a project labor agreement that meets the requirements of Section 2500 of the Public Contract Code. (b) The condition on receiving financial assistance imposed pursuant to this section shall remain in effect only until completion of all phases of the Pure Water San Diego Program. (Added by Stats. 2019, Ch. 755, Sec. 2. (AB 1290) Effective January 1, 2020.)
  11. 13481.7.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    A municipality may borrow money and incur indebtedness under this chapter, subject to applicable constitutional restrictions.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13481.7. Subject to all applicable constitutional restrictions, a municipality may borrow money and incur indebtedness pursuant to this chapter. (Added by Stats. 2011, Ch. 513, Sec. 8. (SB 244) Effective January 1, 2012.)
  12. 13482.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    The board may transfer funds with committee approval, and municipalities choosing matching funds must set up a lawful account, pay the state’s share owed to contractors, provide proof of payment to the board, and let the state inspect the account records.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13482. (a) In accordance with the Clean Water Bond Law of 1984 (Chapter 13 (commencing with Section 13999)), the board, with the approval of the Clean Water Finance Committee, may transfer funds from the Clean Water Construction Grant Account to the fund for the purpose of meeting federal requirements for matching moneys in the fund. (b) Any repayment of fund moneys, including interest payments, and all interest earned on, or accruing to, any moneys in the fund, shall be deposited in the fund and shall be available, in perpetuity, for expenditure for the purposes and uses authorized by the federal act. (c) A municipality that elects to provide matching funds shall do all of the following: (1) Establish an account or other funding mechanism permitted by law for the deposit and use of those funds. (2) Pay the state’s share of the amount of money owed to any contractor for services rendered to that municipality and transmit evidence of payment to that contractor to the board before the federal matching funds become available pursuant to the federal act. (3) Grant to the state access to the financial records of the account or other funding mechanism established pursuant to paragraph (1). (Amended by Stats. 1995, Ch. 370, Sec. 5. Effective August 4, 1995.)
  13. 13483.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    The board may use fund money to repay required federal arbitrage profits, and it may contract for services or equipment needed to comply with federal fund-related requirements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13483. (a) To the extent permitted by federal and state law, moneys in the fund may be used to rebate to the federal government all arbitrage profits required by the federal Tax Reform Act of 1986 (Public Law 99-514), or any amendment thereof or supplement thereto. To the extent that this use of the moneys in the fund is prohibited by federal or state law, any rebates required by federal law shall be paid from the General Fund or other sources, upon appropriation by the Legislature. (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.)
  14. 13485.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    The board may adopt rules and regulations to implement this chapter and meet federal requirements, and may use a policy handbook instead of the usual rulemaking chapter for that implementation.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13485. (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. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  15. 13486.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.6. Water and Wastewater Loan and Grant Program [13486 - 13489] ( Chapter 6.6 added by Stats. 2017, Ch. 438, Sec. 1. )

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    The state board may create a funding program for eligible applicants if funding is available, and it may also adopt guidelines to carry out this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.6. Water and Wastewater Loan and Grant Program [13486 - 13489] ( Chapter 6.6 added by Stats. 2017, Ch. 438, Sec. 1. ) ## 13486. (a) To the extent that funding is made available, the state board may establish a program in accordance with this chapter to provide funding as described in subdivision (a) of Section 13487.5 to eligible applicants for any of the following purposes: (1) Extending or connecting service lines from a water or wastewater system to the point of entry into a residential structure. (2) Paying reasonable charges or fees for connecting to a water or wastewater system. (3) Paying costs to properly abandon or destroy septic tanks and water wells, as necessary, to protect health and safety as required by local or state law. (4) Improving, rehabilitating, replacing, or repairing existing water wells, including associated equipment. (5) Installing a water treatment system if the groundwater exceeds a primary or secondary drinking water standard, as defined in Section 116275 of the Health and Safety Code. (b) The state board may adopt any guidelines it determines are necessary to carry out the purposes of this chapter. A guideline adopted pursuant to this subdivision shall not be subject to the rulemaking 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. 2017, Ch. 438, Sec. 1. (AB 277) Effective January 1, 2018.)
  16. 13486.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.6. Water and Wastewater Loan and Grant Program [13486 - 13489] ( Chapter 6.6 added by Stats. 2017, Ch. 438, Sec. 1. )

    Verify source ↗

    This section defines “qualified nonprofit organization” and “small water system” for this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.6. Water and Wastewater Loan and Grant Program [13486 - 13489] ( Chapter 6.6 added by Stats. 2017, Ch. 438, Sec. 1. ) ## 13486.5. (a) As used in this chapter: (1) “Qualified nonprofit organization” means an organization with experience in providing financial and technical assistance to disadvantaged communities that is qualified to operate in California and qualified for exempt status under Section 501(c)(3) of the Internal Revenue Code. (2) “Small water system” means a system for the provision of piped water to the public for human consumption that serves at least two, but not more than 14, service connections and is not a public water system as defined in Section 116275 of the Health and Safety Code. (Added by Stats. 2017, Ch. 438, Sec. 1. (AB 277) Effective January 1, 2018.)
  17. 13487.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.6. Water and Wastewater Loan and Grant Program [13486 - 13489] ( Chapter 6.6 added by Stats. 2017, Ch. 438, Sec. 1. )

    Verify source ↗

    The state board may use an authorized funding source for the chapter’s program, and must use reasonable and feasible efforts to secure local matching funds for projects under the chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.6. Water and Wastewater Loan and Grant Program [13486 - 13489] ( Chapter 6.6 added by Stats. 2017, Ch. 438, Sec. 1. ) ## 13487. (a) To fund the program authorized in this chapter, the state board may use a funding source that is authorized for and consistent with the purposes of this chapter. (b) The state board shall use reasonable and feasible efforts to secure local matching funds for the purposes of funding projects pursuant to this chapter. (Added by Stats. 2017, Ch. 438, Sec. 1. (AB 277) Effective January 1, 2018.)
  18. 13487.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.6. Water and Wastewater Loan and Grant Program [13486 - 13489] ( Chapter 6.6 added by Stats. 2017, Ch. 438, Sec. 1. )

    Verify source ↗

    Counties and qualified nonprofits may apply for grants, recipients must report annually, and the state board may advance funds with a special exception from Government Code section 11019.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.6. Water and Wastewater Loan and Grant Program [13486 - 13489] ( Chapter 6.6 added by Stats. 2017, Ch. 438, Sec. 1. ) ## 13487.5. (a) A county or qualified nonprofit organization may apply to the state board for a grant to award loans or grants, or both, to eligible applicants in the county in accordance with this chapter. The state board may award a grant to a qualified nonprofit organization only for a county that has not been awarded a grant pursuant to this subdivision. (b) A county or qualified nonprofit organization that receives funding pursuant to this chapter shall annually provide the following information to the state board: (1) The number of loans and grants awarded. (2) The types of projects funded. (3) Project costs. (4) Whether there is demand for additional funding. (c) The state board may advance funds pursuant to an agreement with a county or qualified nonprofit organization in accordance with this chapter. Section 11019 of the Government Code does not apply to an advance made pursuant to this subdivision. (Added by Stats. 2017, Ch. 438, Sec. 1. (AB 277) Effective January 1, 2018.)
  19. 13488.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.6. Water and Wastewater Loan and Grant Program [13486 - 13489] ( Chapter 6.6 added by Stats. 2017, Ch. 438, Sec. 1. )

    Verify source ↗

    Loan applicants must meet income, ownership, credit, and repayment criteria; loan recipients must keep homeowner’s insurance on the secured residence; counties may contract with private financial institutions to provide loans.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.6. Water and Wastewater Loan and Grant Program [13486 - 13489] ( Chapter 6.6 added by Stats. 2017, Ch. 438, Sec. 1. ) ## 13488. (a) An eligible applicant for a loan shall meet all of the following criteria: (1) Have a household income at or below 120 percent of the statewide median household income or, for a small water system, serve households with a median household income at or below 120 percent of the statewide median household income. (2) Have an ownership interest in the residence or small water system. (3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the resources to undertake these improvements. (4) Demonstrate an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner. (b) Any loan provided shall be secured by appropriate collateral, which may include a mortgage on the residence and shall be repaid within 10 to 30 years in accordance with terms established by the state board. The interest rate on the loan shall not exceed 3 percent. Throughout the useful life of the improvement, a loan recipient shall furnish evidence of and continually maintain homeowner’s insurance on the security residence to protect the state’s interest in the residence. (c) The county may enter into a contract with a private financial institution to provide loans consistent with the purposes of this chapter. (Added by Stats. 2017, Ch. 438, Sec. 1. (AB 277) Effective January 1, 2018.)
  20. 13489.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.6. Water and Wastewater Loan and Grant Program [13486 - 13489] ( Chapter 6.6 added by Stats. 2017, Ch. 438, Sec. 1. )

    Verify source ↗

    An eligible grant applicant must meet income, ownership, and financing criteria, and a grant recipient must repay the grant in full if the property or small water system is sold or transferred within five years of signing the grant agreement.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.6. Water and Wastewater Loan and Grant Program [13486 - 13489] ( Chapter 6.6 added by Stats. 2017, Ch. 438, Sec. 1. ) ## 13489. (a) An eligible applicant for a grant shall meet all of the following criteria: (1) Have a household income at or below 120 percent of the statewide median household income or, for a small water system, serve households with a median household income at or below 120 percent of the statewide median household income. (2) Have an ownership interest in the residence or small water system. (3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the resources to undertake these improvements. (b) A grant recipient shall repay to the county or qualified nonprofit organization the grant amount in full if that recipient sells or transfers ownership of the residence or small water system less than five years from the date that the grant agreement was signed. (Added by Stats. 2017, Ch. 438, Sec. 1. (AB 277) Effective January 1, 2018.)
  21. 13490.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. )

    Verify source ↗

    This section states that the chapter’s purpose is to consolidate the state board’s administrative enforcement authority for financial assistance programs.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. ) ## 13490. The purpose of this chapter is to consolidate administrative enforcement authority available to the state board to enforce the terms, conditions, and requirements of its financial assistance programs. (Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)
  22. 13491.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. )

    Verify source ↗

    This section defines “Agreement” and “Recipient” for this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. ) ## 13491. As used in this chapter, the following terms have the following meanings: (a) “Agreement” means any agreement or contract for financial assistance from the state board to an eligible recipient, including, but not limited to, a loan, grant, installment sale agreement, contract, or other form of agreement made for the purpose of providing financial assistance. (b) “Recipient” means any person or entity that receives any financial assistance from the state board, including, but not limited to, a recipient’s contractors or consultants who performs work for a recipient. (Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)
  23. 13492.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. )

    Verify source ↗

    The state board may recover enforcement costs and certain unspent financial assistance, and related amounts can become a lien on property tied to the agreement.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. ) ## 13492. (a) The state board may recover any costs incurred in the enforcement of an agreement, including any criminal, civil, or administrative action related to the agreement. (b) (1) The state board may recover any amount of financial assistance provided to a recipient not expended for purposes authorized by the agreement up to the full amount of the agreement. (2) Except as provided in paragraph (3), the Attorney General, upon request of the state board, shall bring an action in superior court to recover costs under this section. (3) The state board may recover costs administratively as civil liability under Article 2.5 (commencing with Section 13323) of Chapter 5. (c) The amount of the costs constitutes a lien on any property, including real property and personal property, obtained through, or improved with the proceeds of, the agreement. For real property liens under this section, the lien shall attach upon service of a copy of the notice of lien on the owner and upon the recordation of a notice of lien, if the notice identifies the property purchased with the financial assistance, the amount of the lien, and the owner of record of the property, in the office of the county recorder of the county in which the property is located. Upon recordation of a real property lien or notice to the recipient of a personal property lien, the lien shall have the same force, effect, and priority as a judgment lien, except that it attaches only to the property posted and described in the notice of lien, and shall continue for 10 years from the time of the recording of the notice, unless sooner released or otherwise discharged. Not later than 45 days from the date of receipt of a notice of lien, the owner may petition the court for an order releasing the property from the lien or reducing the amount of the lien. In that court action, the state board shall establish that the costs were reasonable and necessary. The lien may be foreclosed by an action brought by the state board for a money judgment. The lien shall be renewable at the expiration of each 10-year period from the time of the recording of the notice unless it has been discharged or foreclosed. (Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)
  24. 13493.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. )

    Verify source ↗

    The state board may permanently disqualify certain convicted or civilly liable persons from financial assistance, and in some cases recipients must not submit invoices tied to work directed by a disqualified contractor or consultant.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. ) ## 13493. (a) (1) Except as provided in subdivisions (b) and (c), if a person is convicted under Section 13499.2 of this code or Section 25299.80.5 of the Health and Safety Code or is found to be civilly liable under Section 13499 of this code or Section 25299.78 or 25299.80 of the Health and Safety Code, the state board may permanently disqualify that person from receiving financial assistance from the state board. If the state board determines that the disqualified person is a contractor or consultant, a recipient shall not submit invoices to the state board for any work performed or directed by that person. (2) For purposes of this section, “contractor or consultant” means a person whose professional services are engaged to perform work for which public moneys are expended. (b) If the person convicted under Section 13499.2 or found to be civilly liable under Section 13499 is a recipient, the state board may permanently disqualify the recipient from further receipt of moneys from the state board, with respect to only the financial assistance programs that are the subject of that conviction under Section 13499.2 or found civilly liable under Section 13499, and only if the state board makes a finding that the alleged violation is knowing, willful, or intentional. (c) If the person convicted under Section 13499.2 of this code or Section 25299.80.5 of the Health and Safety Code or found to be civilly liable under Section 13499 of this code or Section 25299.78 or 25299.80 of the Health and Safety Code is a contractor or consultant, the state board may permanently disqualify the contractor or consultant from requesting reimbursement for work conducted pursuant to any financial assistance program administered by the state board, including participation in work conducted pursuant to financial assistance programs that are not the subject of that conviction under Section 13499.2 of this code or Section 25299.80.5 of the Health and Safety Code or finding of liability under Section 13499 of this code or Section 25299.78 or 25299.80 of the Health and Safety Code, if the state board makes one of the following findings: (1) The alleged violation is knowing, willful, or intentional. (2) The contractor or consultant received a material economic benefit from the action that caused the violation. (3) The alleged violation is chronic or the contractor or consultant is a recalcitrant violator, as determined pursuant to subdivision (g) of Section 13399. (d) In addition to the requirements of subdivisions (b) and (c), in determining the extent to which a person, including, but not limited to, a recipient, contractor, or consultant, convicted under Section 13499.2 of this code or Section 25299.80.5 of the Health and Safety Code or found civilly liable under Section 13499 of this code or Section 25299.78 or 25299.80 of the Health and Safety Code may be disqualified from receiving any funds from the state board, including the extent to which the person may be reimbursed for pending or future claims or disbursement requests from the state board, the state board shall take into account the nature, circumstances, extent, and gravity of the violation, any prior history of misrepresentations by the person to the state board or a local agency, any economic benefits or savings that resulted or would have resulted from the false statement, and any other matters as justice may require. (Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)
  25. 13494.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. )

    Verify source ↗

    If a party moves and makes a sufficient showing, the court or board must join a potentially liable person to the action.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. ) ## 13494. Upon motion and sufficient showing by any party, the court or board, as appropriate, shall join to the action a person who may be liable for costs or expenditures of the type recoverable under this chapter. (Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)
  26. 13495.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. )

    Verify source ↗

    Costs recoverable under this chapter are subject to strict liability.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. ) ## 13495. The standard of liability for any costs recoverable pursuant to this chapter is strict liability. (Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)
  27. 13496.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. )

    Verify source ↗

    A recipient’s contract cannot be used to block liability for costs recoverable under this chapter, but contracts to insure, hold harmless, or indemnify a party are still allowed.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. ) ## 13496. (a) A recipient’s indemnification, hold harmless, conveyance, or similar contract with a third party shall not preclude any liability for costs recoverable under this chapter. This section does not bar any contract to insure, hold harmless, or indemnify a party to the contract. (b) The entry of judgment against any party to the action does not bar any future action by the state board against any person who is later discovered to be potentially liable for costs incurred by the state board related to any financial assistance program. (c) Payment of a claim or disbursement request by the state board under this chapter is subject to the state acquiring by subrogation the rights of the recipient to recover financial assistance moneys from a third party under the financial assistance agreement. (Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)
  28. 13497.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. )

    Verify source ↗

    A person who violates a financial assistance agreement can be penalized, and the Attorney General or state board may seek or impose the penalty.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. ) ## 13497. (a) Any person, including a recipient, recipient’s contractor, consultant, employee, agent, assignee, or grantee who violates any requirement or term of a financial assistance agreement is liable for a civil penalty of not more than one thousand dollars ($1,000) for each day of violation, not to exceed 25 percent of the total amount of the financial assistance agreement. (b) The Attorney General, upon request of the state board, shall bring an action in superior court to impose the civil penalty specified in subdivision (a). (c) The state board may impose the civil penalty administratively pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5. (Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)
  29. 13498.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. )

    Verify source ↗

    Recipients and related agents must personally certify required reimbursement information as true, accurate, and complete, and false or withheld information can trigger civil liability up to $30,000 per violation.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. ) ## 13498. (a) A recipient or a recipient’s consultant or contractor or other agent furnishing any information related to funds disbursed or costs claimed for reimbursement pursuant to a financial assistance agreement under this chapter as the state board may require shall personally attest that the information is true, accurate, and complete to the best of one’s knowledge, under penalty of law. (b) A person who fails or refuses to furnish information under subdivision (a) or furnishes false information to the state board is subject, in accordance with the requirements of subdivision (c), to civil liability of not more than thirty thousand dollars ($30,000) for each violation of this subdivision. (c) (1) A recipient shall not be liable under subdivision (b) unless the court or the state board, as the case may be, finds any of the following: (A) The alleged violation is knowing, willful, or intentional. (B) The recipient or a recipient’s consultant or contractor or other agent received a material economic benefit from the action that caused the alleged violation. (C) The alleged violation is chronic or that the recipient or a recipient’s consultant or contractor or other agent is a recalcitrant violator, as determined pursuant to subdivision (g) of Section 13399. (d) The Attorney General, upon request of the state board, shall bring an action in superior court to impose the civil liability specified in subdivision (b). (e) The state board may impose the civil liability specified in subdivision (b) administratively under Article 2.5 (commencing with Section 13323) of Chapter 5. (Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)
  30. 13499.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. )

    Verify source ↗

    A person who makes a misrepresentation in a submittal to the state board may face civil liability of up to $500,000 per violation.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. ) ## 13499. (a) A person who makes a misrepresentation in any submittal to the state board, including, but not limited to, an application, report, certification, record, invoice, form, or other document that is submitted to the state board relating to a financial assistance agreement, is subject to civil liability of not more than five hundred thousand dollars ($500,000) for each violation of this subdivision. (b) The Attorney General, upon request of the state board, shall bring an action in superior court to impose the civil liability specified in subdivision (a). (c) The state board may impose the civil liability administratively under Article 2.5 (commencing with Section 13323) of Chapter 5. (d) The state board shall file a complaint with any applicable licensing board against any person licensed or otherwise regulated by that licensing board who is found to be liable under this section. (Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)
  31. 13499.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. )

    Verify source ↗

    A person must not knowingly make false statements, misrepresentations, or false certifications in submissions to the state board about an agreement.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. ) ## 13499.2. (a) A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in any submittal to the state board relating to an agreement, including, but not limited to, applications, records, reports, certifications, plans, invoices, forms, or other documents that are submitted, filed, or required to be received by the state board for purposes of obtaining or administering a financial assistance agreement, shall, upon conviction, be punished by a criminal fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail for not more than one year, or in the state prison for 16 months, two years, or three years, or by both that fine and imprisonment. (b) The Attorney General, or a district attorney, upon request of the state board, may bring an action in superior court to impose the criminal penalty specified in subdivision (a). (c) Nothing in this chapter shall prevent the state board from refusing to enter into an agreement with a recipient if the recipient has been convicted for a fraud crime or found civilly liable for fraud or misrepresentation in a civil or administrative proceeding. (Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)
  32. 13499.4.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. )

    Verify source ↗

    This section says chapter remedies are generally added on top of other civil or criminal remedies, but civil liability cannot be imposed both administratively and by the superior court for the same violation.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.7. Cost Recovery, Enforcement, and Administration [13490 - 13499.4] ( Chapter 6.7 added by Stats. 2021, Ch. 187, Sec. 6. ) ## 13499.4. (a) Except as provided in subdivision (b), remedies under this chapter are in addition to, and do not supersede or limit, any other remedy, civil or criminal, including, but not limited to, the state board’s rights and remedies under an agreement. (b) Civil liability shall not be imposed both administratively and by the superior court for the same violation. (c) In determining the appropriate amount of liability under Section 13497, 13498, or 13499, the court, or the state board, as the case may be, shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and the corrective action, if any, taken by the violator. (d) (1) Unless the state board determines that deposit in another fund would be more effective for providing financial assistance for the same or substantially similar purpose, all moneys collected pursuant to this chapter shall be deposited into the fund from which the financial assistance agreement that is the subject of the action originated. (2) If the moneys deposited pursuant to paragraph (1) are derived from the imposition of penalties and are deposited into a fund that is continuously appropriated, that continuous appropriation shall not apply to the moneys. The moneys shall be separately accounted for and shall be available, upon appropriation by the Legislature, for the purposes for which expenditures from that fund are authorized. (Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)
  33. 135.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

    Verify source ↗

    The Water Resources Revolving Fund continues to exist, and Finance approval is required for qualifying money to be transferred or deposited into it.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 135. The Water Resources Revolving Fund in the State Treasury is continued in existence. With the approval of the Department of Finance, there shall be transferred to, or deposited in, the fund all money appropriated, contributed, or made available from any source, including sources other than state appropriations, for expenditure on work within the powers and duties of the Department of Water Resources, including but not limited to services, new construction, major construction and equipment, minor construction, maintenance, improvements and equipment, hydraulic or other improvement projects, investigations, surveys, experiments, and reports, as authorized by the state agency for which such an appropriation is made or, as to funds from sources other than state appropriations, as may be authorized by written agreement between the contributor or contributors of such funds and the Department of Water Resources (or any predecessor), when approved by the Department of Finance. Money so transferred or deposited is available for expenditure by the Department of Water Resources, for the purposes for which appropriated, contributed, or made available, without regard to fiscal years and irrespective of the provisions of Section 16304 of the Government Code. The Department of Water Resources may withdraw from the fund for use in work for other public agencies, local, state, or federal, such sums as may be necessary for such work where the money to be paid by such other agencies is not deposited in said fund in advance of the work being done. (Amended by Stats. 1959, Ch. 1848.)
  34. 135.1.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

    Verify source ↗

    The section allows certain surplus Water Resources Revolving Fund money to be transferred during fiscal year 1968–1969, with limits of $250,000 to the State Water Quality Control Fund and $500,000 to the General Fund.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 135.1. All sums in the Water Resources Revolving Fund in the State Treasury, maintained pursuant to Section 135, in a sum not to exceed seven hundred fifty thousand dollars ($750,000), the source of which is attributable to the General Fund, and which are held for the purposes of a payroll reserve for vacation, leave, compensating time off, and like purposes, and which, in the judgment of the Department of Finance, are determined to be surplus to the requirements for payments for such purposes on a current basis, shall be available, during the 1968–1969 fiscal year, as follows: (a) Not exceeding two hundred fifty thousand dollars ($250,000) for transfer to the State Water Quality Control Fund; except that any such sum shall be retransferred to the General Fund from the State Water Quality Control Fund in the 1969–1970 fiscal year. (b) Not exceeding five hundred thousand dollars ($500,000) for transfer to the General Fund. (Added by Stats. 1968, Ch. 1039.)
  35. 1350.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Action on Application [1350 - 1353] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board may grant or refuse a permit, and may reject any application, after a hearing.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Action on Application [1350 - 1353] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1350. The board may grant, or refuse to grant a permit and may reject any application, after hearing. (Amended by Stats. 1957, Ch. 1932.)
  36. 1351.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Action on Application [1350 - 1353] ( Article 2 enacted by Stats. 1943, Ch. 368. )

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    The board may issue or reject an application without holding a hearing in the listed circumstances, unless it chooses to hold one.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Action on Application [1350 - 1353] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1351. No hearing is necessary in order to issue a permit upon an unprotested application, or if undisputed facts support the issuance of the permit and there is no disputed issue of material fact, unless the board elects to hold a hearing. No hearing is necessary to reject an application after notice, if the application is defective, the applicant fails to provide information requested by the board, or undisputed facts support the denial of the application and there is no disputed issue of material fact, unless the board elects to hold a hearing. (Amended by Stats. 1997, Ch. 323, Sec. 16. Effective January 1, 1998.)
  37. 13510.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Declaration of Policy [13510 - 13512] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    The provision states a policy interest in developing facilities to recycle water containing waste to support water supplies and future water needs.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Declaration of Policy [13510 - 13512] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13510. 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.)
  38. 13511.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Declaration of Policy [13510 - 13512] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    The Legislature says recycled water can help meet future water needs, and that local use of recycled water supports public welfare.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Declaration of Policy [13510 - 13512] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13511. 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 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.)
  39. 13512.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Declaration of Policy [13510 - 13512] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    The Legislature states that the state should take all possible steps to encourage development of water recycling facilities so recycled water can help meet the state's growing water needs.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Declaration of Policy [13510 - 13512] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13512. 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.)
  40. 13515.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Assistance [13515- 13515.] ( Article 3 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    The state board may provide loans for water reclamation facilities development or for related studies and investigations.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Assistance [13515- 13515.] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13515. 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.)
  41. 1352.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Action on Application [1350 - 1353] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    If a party in interest does not appear at a hearing, or does not show good cause within five days, final action may be taken without another hearing.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Action on Application [1350 - 1353] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1352. Upon failure of any party in interest to appear at a hearing or show good cause within five days thereafter for his failure, final action may be taken without further hearing. (Enacted by Stats. 1943, Ch. 368.)
  42. 13520.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    This section defines “recycling criteria” for recycled water in this article.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13520. 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.)
  43. 13521.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    The State Department of Public Health must establish statewide recycling criteria for recycled water uses that involve protecting public health.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13521. 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. (SB 918) Effective January 1, 2011.)
  44. 13521.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

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    The state board must assess whether disinfected tertiary treated recycled water can be used to provide water to animals without significant health risk, and if it finds a significant risk, it must set statewide recycling criteria.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13521.1. (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 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. (AB 2071) Effective January 1, 2015.)
  45. 13521.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    The state board must update the statewide criteria for nonpotable recycled water uses and adopt a regulation incorporating related backflow protection provisions.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13521.2. (a) On or before January 1, 2023, the state board shall update the uniform statewide criteria for nonpotable recycled water uses established in Chapter 3 (commencing with Section 60301.050) of Division 4 of Title 22 of the California Code of Regulations. The deadline imposed by this section is mandatory only if the Legislature has appropriated sufficient funds, as determined by the executive director of the state board, in the annual Budget Act or otherwise to cover the state board’s costs associated with the performance of the duties imposed by this section. (b) For purposes of the update to the uniform statewide criteria for nonpotable recycled water uses described in subdivision (a), the state board shall adopt a regulation that incorporates by reference the criteria and applicable backflow protection provisions, including the provisions for the use of a swivel or changeover device for dual-plumbed systems, that are contained in the most recently adopted version of the policy handbook adopted pursuant to Section 116407 of the Health and Safety Code and any future versions of the policy handbook. (Added by Stats. 2019, Ch. 455, Sec. 3. (AB 1180) Effective January 1, 2020.)
  46. 13522.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    If recycled water use is found to cause contamination, the State Department of Public Health or a local health officer must order it abated.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13522. (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, 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. (SB 1169) Effective January 1, 2011.)
  47. 13522.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    People who recycle or use recycled water in covered areas must file reports with the regional board, and the reports must be sworn or submitted under penalty of perjury.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13522.5. (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 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.)
  48. 13522.6.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    A person who fails to furnish a Section 13522.5 report when requested by a regional board commits a misdemeanor.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13522.6. 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.)
  49. 13522.7.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    At the regional board’s request, the Attorney General must ask the superior court for injunctive relief against a person not complying with Section 13522.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13522.7. 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.)
  50. 13523.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    Regional boards must set water recycling requirements when needed to protect public health, safety, or welfare.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13523. (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 recycling 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 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. 2023, Ch. 51, Sec. 41. (SB 122) Effective July 10, 2023.)
  51. 13523.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    Regional boards may issue a master recycling permit for recycled water, and that permit must include specific requirements for the permittee.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13523.1. (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. (SB 1169) Effective January 1, 2011.)
  52. 13523.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

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    A regional board may not deny water reclamation requirements just because a project violates only a salinity standard in the basin plan.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13523.5. 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.)
  53. 13524.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

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    A person must not recycle water or use recycled water for a purpose covered by recycling criteria until required water recycling requirements are established, unless a regional board decides no requirements are needed.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13524. 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.)
  54. 13525.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

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    If water recyclers or users of recycled water fail to comply with this article, the Attorney General must, at the regional board’s request, ask the superior court for injunctive relief.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13525. 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.)
  55. 13525.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

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    A person who keeps recycling water or using recycled water after the regional board has given written notice that the conduct violates Section 13524 commits a misdemeanor.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13525.5. 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.)
  56. 13526.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    After written notice from the regional board, a person must not use recycled water for a purpose covered by existing recycling criteria; doing so is a misdemeanor.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13526. 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.)
  57. 13527.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    The state board must give added consideration to water recycling and recycled water facilities when administering certain statewide financial assistance programs. The chapter also does not stop the appropriate regional board from setting waste discharge requirements if a discharge is involved.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13527. (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.)
  58. 13528.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    This section says the chapter does not limit the powers of the State Department of Public Health.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13528. 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. (SB 1169) Effective January 1, 2011.)
  59. 13528.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    The state board may perform the duties and authority of a regional board under this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13528.5. (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. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  60. 13529.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    This section states the Legislature’s findings about recycled water and the purpose of Section 13529.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13529. 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.)
  61. 13529.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    If a person causes or allows an unauthorized discharge of recycled water at or above the stated volumes, the person must immediately notify the appropriate regional board once the person knows about the discharge and notice can be given without slowing cleanup or emergency response.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13529.2. (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 (commencing with Section 13260) of Chapter 4, water reclamation requirements pursuant to Section 13523, a master reclamation permit pursuant to Section 13523.1, or any other provision of this division. (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 Care Services or wastewater receiving advanced treatment beyond disinfected tertiary 2.2 recycled water once it completes the required treatment process and enters a storage tank, pipeline, or canal for conveyance or distribution. (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 Care Services. (e) For the purposes of this section, water discharged from a decorative body of water during storm events shall not be considered an unauthorized discharge if recycled water was used to restore levels due to evaporation. For purposes of this subdivision, “decorative body of water” means an impoundment for aesthetic enjoyment or landscape irrigation, or which otherwise serves a similar use or function, in which recycled water is stored or used and is not intended to include public contact. (f) The requirements in this section supplement, and shall not supplant, any other provisions of law. (Amended by Stats. 2025, Ch. 736, Sec. 2. (SB 31) Effective January 1, 2026.)
  62. 13529.4.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    A person who fails or refuses to give the required notice about unauthorized recycled-water releases may face administrative civil liability, with higher maximum amounts for repeat violations.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Regulation of Reclamation [13520 - 13529.4] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13529.4. (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.)
  63. 1353.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Action on Application [1350 - 1353] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    In hearings, technical rules of evidence do not have to be applied.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Action on Application [1350 - 1353] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1353. In the conduct of hearings technical rules of evidence need not be applied. (Enacted by Stats. 1943, Ch. 368.)
  64. 13530.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Surveys and Investigations [13530- 13530.] ( Article 5 added by Stats. 1969, Ch. 482. )

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    The department must conduct surveys and investigations on water reclamation from waste, including when cooperating with other persons or agencies or when requested by the state board, but only to the extent funds are allocated.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Surveys and Investigations [13530- 13530.] ( Article 5 added by Stats. 1969, Ch. 482. ) ## 13530. 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.)
  65. 13540.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Waste Well Regulation [13540 - 13541] ( Article 6 added by Stats. 1969, Ch. 482. )

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    A person may not construct, maintain, or use a waste well in a subterranean water-bearing stratum used or suitable for domestic water supply, except that recycled water may be injected if the stated findings are made.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Waste Well Regulation [13540 - 13541] ( Article 6 added by Stats. 1969, Ch. 482. ) ## 13540. (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. (SB 1169) Effective January 1, 2011.)
  66. 13541.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Waste Well Regulation [13540 - 13541] ( Article 6 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    This article defines “waste well” as a hole dug or drilled into the ground that is used or intended to be used to dispose of waste.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Waste Well Regulation [13540 - 13541] ( Article 6 added by Stats. 1969, Ch. 482. ) ## 13541. 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.)
  67. 13550.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    The state board can determine when recycled water must be used for certain nonpotable uses, and it may require covered parties to provide relevant information.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 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. (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 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. (SB 1458) Effective January 1, 2015.)
  68. 13551.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    People and public agencies must not use potable-quality water for nonpotable uses when suitable recycled water is available. Recycled water use is treated as reasonable beneficial use, and limited incidental spray, mist, or runoff is allowed in certain parks and open spaces.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13551. (a) 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. (b) Notwithstanding subdivision (a), 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. (c) Incidental amounts of spray, mist, or runoff shall be permitted to enter outdoor eating areas of parks and open spaces when irrigated with disinfected tertiary treated recycled water that complies with Section 493.4 of Title 23 of the California Code of Regulations. (Amended by Stats. 2025, Ch. 736, Sec. 3. (SB 31) Effective January 1, 2026.)
  69. 13552.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

    Verify source ↗

    The 1991–92 amendments to Water Code Sections 13550 and 13551 were not intended to change any rights, remedies, or obligations that may have existed before January 1, 1992.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13552. 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.)
  70. 13552.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

    Verify source ↗

    The state board may require a public agency or person subject to this section to provide information relevant to its determination under subdivision (a).

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13552.2. (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.)
  71. 13552.4.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

    Verify source ↗

    Public agencies may require recycled water for residential landscape irrigation if stated conditions are met.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13552.4. (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 60301.050) 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 board 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 board 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 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. (d) Outdoor landscape irrigation of common areas that does not enter the boundaries of a residence is not to be considered a part of the same premises as an individual residence and shall not be considered a dual plumbed system. Recycled water used for this purpose shall comply with Section 13550. (Amended by Stats. 2025, Ch. 736, Sec. 4. (SB 31) Effective January 1, 2026.)
  72. 13552.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    The state board must adopt and run a general permit process for certain recycled-water landscape irrigation uses, set eligibility criteria, and appoint support staff.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13552.5. (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). (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.)
  73. 13552.6.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    The state board may require a public agency or person subject to this section to provide information relevant to its determination, and the provision states that using potable domestic water for certain uses can be wasteful or unreasonable when recycled water is available and meets the statutory requirements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13552.6. (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.)
  74. 13552.8.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    A public agency may require recycled water for certain building uses if listed conditions are met.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13552.8. (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: (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. (SB 1458) Effective January 1, 2015.)
  75. 13553.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    This section limits when potable water may be used for toilet and urinal flushing in structures, and sets conditions for indoor recycled-water use in condominium projects.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13553. (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). (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, food handling and processing facilities, reformatories, and other structures as determined by the state board. (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 board. 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 board 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 board 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 Water Resources Control Board 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 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 board 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 by Stats. 2025, Ch. 736, Sec. 5. (SB 31) Effective January 1, 2026.)
  76. 13553.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    A city with a separate sea-water distribution system may authorize recycled water for toilet and urinal flushing in residential structures if treatment and use meet State Department of Public Health criteria.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13553.1. (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. (SB 1458) Effective January 1, 2015.)
  77. 13554.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    Public agencies may require recycled water for toilet and urinal flushing in structures if listed conditions are met, but mental hospitals and similar public treatment facilities are excluded.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13554. (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. (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, before 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. (d) (1) Recycled water for toilet or urinal flushing or outdoor irrigation shall be permissible in and around food handling or processing facilities, commercial, institutional, and industrial buildings, and cafeterias, provided the recycled water does not enter the room where food handling or processing occurs. (2) Closed piping conveying recycled water may pass through the room where food handling or processing occurs. (3) Outdoor irrigation with recycled water at facilities that handle or process food outside is prohibited while food is being handled or processed outside. (Amended by Stats. 2025, Ch. 736, Sec. 6. (SB 31) Effective January 1, 2026.)
  78. 13554.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    Applicants for recycled water use must reimburse public health costs, and the agency must provide cost estimates and act on proposals within specified timeframes.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13554.2. (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 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. (SB 1458) Effective January 1, 2015.)
  79. 13554.3.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    The State Water Resources Control Board may set a reasonable fee schedule to recover costs incurred under Sections 13553 and 13554.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13554.3. 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.)
  80. 13555.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    The Legislature states that recycled water is widely used for nonpotable purposes and encourages water delivery systems on private property to be designed and built with separate pipelines for potable and nonpotable water uses.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13555.2. 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 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.)
  81. 13555.3.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    Certain private-property water delivery systems must be designed with a separate pipeline for potable domestic water, not shared with recycled water.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13555.3. (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.)
  82. 13555.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    A recycled water producer must notify two state departments and identify the eligible area and needed infrastructure when it plans qualifying recycled-water use for state landscape irrigation within 10 years. If notice is given, the departments’ irrigation pipe in the identified area must meet the specified piping requirements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13555.5. (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.)
  83. 13556.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    Certain water suppliers may acquire, store, provide, sell, and deliver recycled water for beneficial uses if the use complies with statewide recycling criteria and regulations.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13556. 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.)
  84. 13557.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. )

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    The department must adopt and submit plumbing-related regulations by December 31, 2009, then review and update them annually starting July 1, 2011. This section is exempt from Section 161.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Water Reuse [13550 - 13557] ( Heading of Article 7 amended by Stats. 1994, Ch. 724, Sec. 6. ) ## 13557. (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. (SB 283) Effective October 11, 2009.)
  85. 13558.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 8. Water Quality Criteria for Onsite Treated Nonpotable Water Systems [13558 - 13558.1] ( Article 8 added by Stats. 2018, Ch. 890, Sec. 1. )

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    The state board must adopt risk-based water quality regulations for onsite treated nonpotable water systems, and local jurisdictions that run such programs must follow several planning, reporting, consultation, and enforcement steps.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 8. Water Quality Criteria for Onsite Treated Nonpotable Water Systems [13558 - 13558.1] ( Article 8 added by Stats. 2018, Ch. 890, Sec. 1. ) ## 13558. (a) On or before December 1, 2022, the state board, in consultation with the California Building Standards Commission and the Department of Housing and Community Development, shall adopt regulations for risk-based water quality standards for the onsite treatment and reuse of nonpotable water for nonpotable end uses in multifamily residential, commercial, and mixed-use buildings. The state board shall address in those regulations, at a minimum, all of the following: (1) Risk-based log reduction targets for the removal of pathogens such as enteric viruses, parasitic protozoa, and enteric bacteria for nonpotable water sources, graywater, rainwater, stormwater, and blackwater, and nonpotable end uses, toilet and urinal flushing, clothes washing, irrigation, and dust suppression. (2) Water quality monitoring requirements. (3) Reporting requirements for the water quality monitoring results. (4) Notification and public information requirements. (5) Cross-connection controls. (b) A local jurisdiction that elects to establish a program for onsite treated nonpotable water systems shall do all of the following: (1) (A) Adopt a local program through a local ordinance that includes the risk-based water quality standards established by the state board. (B) (i) A local jurisdiction that does not provide water service or sewer service shall consult with a water service provider or sewer service provider, respectively, that provides water service or sewer service within the boundaries of the jurisdiction before adopting, amending, or repealing an ordinance that institutes a program for onsite treated nonpotable water system installation and regulation. In consulting with a water service provider or sewer service provider, a local jurisdiction shall give the water service provider or sewer service provider the opportunity to demonstrate that the proposed ordinance could result in a significant adverse impact to any of the following: (I) Operations, maintenance, or management of the existing sewer collection or treatment system due to reduced flows. (II) Existing or planned centralized recycled water or potable reuse facilities or projects due to reduced flows. (III) Receiving waters. (ii) If a water service provider or sewer service provider demonstrates to a local jurisdiction a significant risk of a significant adverse impact listed in clause (i), the local jurisdiction shall avoid the impacts or mitigate the impacts to a point where no significant impact on the system, facilities, projects, or receiving waters would occur before adopting the proposed ordinance. (2) Establish onsite treated nonpotable water system design criteria, permitting, cross-connection control, and enforcement procedures. (3) Provide an annual report to the state board that includes the number, location, and description of permits issued for new and replacement onsite treated nonpotable water systems, the types and quantity of nonpotable water for nonpotable end uses, water quality monitoring data, and a summary of any violations and corrective actions taken in the local jurisdiction’s program. (4) Terminate the operation of, and modify to render inoperable, any onsite treated nonpotable water system at the direction of the state board. (5) (A) Implement its program for the protection of public health. (B) (i) If a local jurisdiction determines that it can no longer effectively implement its program while protecting public health, or if it decides to terminate its program, the local jurisdiction shall rescind its issued permits and require all installed systems to be rendered inoperable prior to the cessation of its program. (ii) Before a local jurisdiction terminates its program pursuant to this subparagraph, it shall publicly state the financial or logistical hardship that justifies termination of the program and provide the public with an opportunity for comment. (C) The state board shall not administer a local jurisdiction’s program in place of a local jurisdiction that is unable to effectively implement its program while protecting public health or that decides to terminate its program. (c) The standards established pursuant to subdivision (a) shall not address untreated graywater systems that are used exclusively for subsurface irrigation that are regulated by Chapter 15 (commencing with Section 1501.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations). (d) The standards established pursuant to subdivision (a) shall not address untreated rainwater systems that are used exclusively for surface, subsurface, or drip irrigation that are regulated by Chapter 16 (commencing with Section 1601.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations). (e) (1) Notwithstanding any other law, the standards established pursuant to subdivision (a) shall not be considered building standards and shall be treated as program regulations promulgated pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (2) Within 12 months of the state board adopting regulations pursuant to subdivision (a), the Department of Housing and Community Development, in consultation with the state board, shall develop and propose for adoption any necessary corresponding building standards to support the risk-based water quality standards established by the state board pursuant to subdivision (a). (f) The standards established pursuant to subdivision (a) shall be effective commencing on the date on which the regulations are approved and final. An onsite treated nonpotable water system in operation before the effective date of the regulations shall comply with the regulations within two years of the effective date. If the permitting local jurisdiction finds that the permittee is working to come into compliance with the regulations, but due to extenuating circumstances related to the engineering, repair, or replacement of the system a further extension is warranted, the local jurisdiction may grant an extension to comply with the regulations not to exceed five years after the effective date. (g) The state board may contract with public or private entities to advise the state board on public health issues and scientific and technical matters regarding the content of the standards established pursuant to subdivision (a). (h) For purposes of this section, “local jurisdiction” means a city, county, or city and county. (Amended by Stats. 2023, Ch. 884, Sec. 5. (SB 745) Effective January 1, 2024.)
  86. 13558.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 8. Water Quality Criteria for Onsite Treated Nonpotable Water Systems [13558 - 13558.1] ( Article 8 added by Stats. 2018, Ch. 890, Sec. 1. )

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    An onsite treated nonpotable water system may not be installed unless it is part of a program that complies with Section 13558(b).

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7. Water Reclamation [13500 - 13558.1] ( Chapter 7 added by Stats. 1969, Ch. 482. ) ## ARTICLE 8. Water Quality Criteria for Onsite Treated Nonpotable Water Systems [13558 - 13558.1] ( Article 8 added by Stats. 2018, Ch. 890, Sec. 1. ) ## 13558.1. (a) An onsite treated nonpotable water system shall not be installed except under a program established in compliance with subdivision (b) of Section 13558. (b) This section does not apply to untreated graywater systems that are used exclusively for subsurface irrigation that are regulated by Chapter 15 (commencing with Section 1501.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations). (c) This section does not apply to untreated rainwater systems that are used exclusively for surface, subsurface, or drip irrigation that are regulated by Chapter 16 (commencing with Section 1601.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations). (Added by Stats. 2018, Ch. 890, Sec. 1. (SB 966) Effective January 1, 2019.)
  87. 13560.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    This section states legislative findings and intent about potable reuse, recycled water goals, and developing uniform recycling criteria.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13560. 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) Achievement of the state’s goals depends on the timely development of uniform statewide recycling criteria for potable water reuse and of a clear pathway for approval of potable reuse projects. (d) 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 potable reuse. (e) This chapter shall not be construed to delay, invalidate, or reverse the state board’s ongoing review of projects consistent with Section 116551 of the Health and Safety Code. (f) The water recycling goals of 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, established in Section 13577, have not been met. (g) It is the intent of the Legislature to encourage the development of potable reuse to mitigate the impact of long-term drought and climate change. (h) A 2014 report by the WateReuse Research Foundation, “The Opportunities and Economics of Direct Potable Reuse” found that potable reuse could provide up to 1.1 million acre-feet per year of new drinking water supplies for California. (i) The state board adopted uniform water recycling criteria for the replenishment of groundwater basins in June 2014 and is developing uniform water recycling criteria for the augmentation of surface water reservoirs pursuant to Section 13562. (j) The state board report to the Legislature, “Investigation on the Feasibility of Developing Uniform Water Recycling Criteria for Direct Potable Reuse,” found that it is feasible to develop uniform water recycling criteria for direct potable reuse that is protective of public health. (k) The state board report to the Legislature stated that the state board should develop a common framework across various types of direct potable reuse projects to help avoid discontinuities in the risk assessment and then sequentially develop uniform water recycling criteria. (Amended by Stats. 2017, Ch. 528, Sec. 2. (AB 574) Effective January 1, 2018.)
  88. 13560.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    The state board should establish a framework for regulating potable reuse projects by June 1, 2018.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13560.5. The Legislature finds and declares that on or before June 1, 2018, the state board should establish a framework for the regulation of potable reuse projects. When establishing the framework, the state board should include all of the following: (a) The consideration of recommendations provided in the state board’s “Investigation on the Feasibility of Developing Uniform Water Recycling Criteria for Direct Potable Reuse.” (b) A schedule for completing the recommended research described in “Investigation on the Feasibility of Developing Uniform Water Recycling Criteria for Direct Potable Reuse.” (c) A regulatory framework for potable reuse projects that will be protective of public health. (d) A process and timeline for updating, if necessary, uniform water recycling criteria for potable reuse through reservoir water augmentation. (Added by Stats. 2017, Ch. 528, Sec. 3. (AB 574) Effective January 1, 2018.)
  89. 13561.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    This section defines several potable reuse terms for the chapter, including “Department” or “state board,” “direct potable reuse,” “indirect potable reuse for groundwater recharge,” “reservoir water augmentation,” and “uniform water recycling criteria.”

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13561. For purposes of this chapter, the following terms have the following meanings: (a) “Department” or “state board” means the State Water Resources Control Board. (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. Direct potable reuse includes, but is not limited to, the following: (1) “Raw water augmentation,” which means the planned placement of recycled water into a system of pipelines or aqueducts that deliver raw water to a drinking water treatment plant that provides water to a public water system, as defined in Section 116275 of the Health and Safety Code. (2) “Treated drinking water augmentation,” means the planned placement of recycled water into the water distribution system of a public water system, as defined in Section 116275 of the Health and Safety Code. (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) “Reservoir water augmentation” means the planned placement of recycled water into a raw surface water reservoir used as a source of domestic drinking water supply for a public water system, as defined in Section 116275 of the Health and Safety Code, or into a constructed system conveying water to such a reservoir. (e) “Uniform water recycling criteria” has the same meaning as in Section 13521. (Amended by Stats. 2017, Ch. 528, Sec. 4. (AB 574) Effective January 1, 2018.)
  90. 13561.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    The state board must adopt uniform water recycling criteria for direct potable reuse through raw water augmentation by December 31, 2023, and must involve an expert review panel before adopting raw-water-augmentation criteria.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13561.2. (a) On or before December 31, 2023, the state board shall adopt uniform water recycling criteria for direct potable reuse through raw water augmentation. In adopting the initial uniform recycling criteria for direct potable reuse through raw water augmentation, the state board shall comply with all of the following: (1) The state board shall develop the uniform water recycling criteria for direct potable reuse through raw water augmentation using information from the recommended research described in subdivision (b) of Section 13560.5 after soliciting stakeholder input from water agencies, wastewater agencies, local public health officers, environmental organizations, environmental justice organizations, public health nongovernmental organizations, and the business community. (2) Before adopting uniform water recycling criteria for raw water augmentation, the state board shall submit the proposed criteria to the expert review panel established pursuant to subdivision (c). The expert review 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. (3) The state board shall not adopt uniform water recycling criteria for raw water augmentation pursuant to this subdivision unless and until the expert review panel adopts a finding that the proposed criteria would adequately protect public health. (4) If the state board finds it will be unable to adopt the uniform water recycling criteria by December 31, 2023, the state board may, by June 30, 2023, extend the uniform water recycling criteria deadline by up to 18 months. (5) If the state board finds that it needs longer than the deadline that has been extended pursuant to paragraph (4), the state board shall do all of the following: (A) Post on its Internet Web site the date by which it intends to adopt the uniform water recycling criteria. (B) If the state board determines that the recommended research described in subdivision (b) of Section 13560.5 is insufficient, consult with the expert review panel described in subdivision (c) regarding the research and, if necessary, the need for additional scientific and technical research. The expert review panel shall also determine the scientific and technical research necessary for the state board to complete the uniform water recycling criteria, including an estimated timeframe needed to conduct the scientific and technical research. (C) No later than June 30, 2024, post on its Internet Web site the findings and determinations made, if any, by the expert review panel described in subdivision (c) under subparagraph (B). (b) Nothing in this section shall prohibit the state board from using its existing authority to permit potable reuse projects pursuant to Section 116550 of the Health and Safety Code before the adoption of uniform recycling criteria pursuant to this section. (c) (1) Before adopting the initial uniform water recycling criteria for direct potable reuse through raw water augmentation, the state board shall establish and administer an expert review panel for purposes of subdivision (a) and, if the state board deems it necessary, to provide additional scientific and technological research or to recommend a source of either existing research or research to be produced on direct potable reuse through raw water augmentation. After the state board has adopted the initial uniform water recycling criteria for raw water augmentation, the state board may reconvene or reestablish the expert review panel, if the state board deems it necessary, to provide additional scientific and technological research or to recommend a source of either existing research or research to be produced on raw water augmentation. In establishing and administering an expert review panel, the state board may contract with public or nonprofit research entities. (2) Each member of the expert review panel shall receive one hundred dollars ($100) for each day the member attends a meeting of the expert review panel or of the state board plus actual and necessary travel expenses, including expenses for lodging and meals, and for each day the member spends conducting other official business of the expert review panel. (Added by Stats. 2017, Ch. 528, Sec. 5. (AB 574) Effective January 1, 2018.)
  91. 13561.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    The state board must enter into an agreement with the department to help implement this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13561.5. 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. (SB 918) Effective January 1, 2011.)
  92. 13562.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    The department must adopt uniform water recycling criteria by the stated deadlines, and it cannot adopt the surface water augmentation criteria until the expert panel finds they would adequately protect public health.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13562. (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. (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. (SB 918) Effective January 1, 2011.)
  93. 13562.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    The department must adopt emergency regulations for groundwater replenishment using recycled water by June 30, 2014.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13562.5. 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. (SB 104) Effective March 1, 2014.)
  94. 13563.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    The department must study and report on the feasibility of uniform water recycling criteria for direct potable reuse, share a draft for public comment, and submit a final report to the Legislature.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13563. (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: (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. (SB 322) Effective January 1, 2014.)
  95. 13564.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    When developing uniform water recycling criteria for surface water augmentation, the department must consider specified research, reports, studies, and recommendations.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13564. 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. (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. (SB 322) Effective January 1, 2014.)
  96. 13565.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    The department must convene an expert panel and an advisory group, then prepare a draft report on potable reuse criteria.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13565. (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. (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. (SB 322) Effective January 1, 2014.)
  97. 13566.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    The department must consider several listed sources when investigating whether to develop uniform water recycling criteria for direct potable reuse.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13566. 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. (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. (SB 918) Effective January 1, 2011.)
  98. 13567.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    Actions authorized under this chapter must be consistent, where applicable, with listed federal and California water laws.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13567. 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. (SB 918) Effective January 1, 2011.)
  99. 13569.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    The department may accept funds from nonstate sources and may spend them for this chapter if the Legislature appropriates the money.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13569. 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. (SB 322) Effective January 1, 2014.)
  100. 13570.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. )

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    This section allows limited bottling and distribution of advanced purified demonstration water for samples, but only under strict sampling, testing, labeling, packaging, volume, age, reporting, and distribution limits.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.3. Potable Reuse [13560 - 13570] ( Heading of Chapter 7.3 amended by Stats. 2017, Ch. 528, Sec. 1. ) ## 13570. (a) As used in this section, “advanced purified demonstration water” means product water from an advanced water purification facility that satisfies both of the following requirements: (1) The product water is treated by means of all of the following treatment processes: (A) Microfiltration, ultrafiltration, or other filtration processes to remove particulates before reverse osmosis. (B) Reverse osmosis. (C) Advanced oxidation. (2) The product water meets or exceeds all federal and state drinking water standards and is produced in accordance with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations. (b) As used in this section, “advanced water purification facility” means a water recycling treatment plant that produces advanced purified demonstration water in accordance with the advanced treatment criteria specified in Section 60320.201 of Title 22 of the California Code of Regulations. (c) As used in this section, “batch” means an increment of advanced purified treatment water that has completed the treatment process, is separate from incoming water, and is not receiving any additional source water. (d) Except as expressly set forth in this section, the operator of an advanced water purification facility may cause advanced purified demonstration water to be bottled and distributed as samples for educational purposes and to promote water recycling, without complying with the requirements of Article 12 (commencing with Section 111070) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. The volume of advanced purified demonstration water in each bottle shall not exceed eight ounces. (e) Any operator of an advanced water purification facility seeking to bottle advanced purified demonstration water shall collect water samples from the batch prior to the commencement of the bottling process, and test that batch in accordance with Section 111165 of the Health and Safety Code. Advanced purified demonstration water shall not be distributed unless the following requirements are met: (1) The water meets or exceeds all federal and state drinking water standards, including all maximum contaminant levels applicable to public drinking water systems. (2) The advanced water purification facility meets or exceeds all purification requirements imposed by regulatory agencies to produce the advanced purified demonstration water, including the removal of constituents of emerging concern where the removal is otherwise required of an advanced water purification facility. (3) The water is produced using a treatment process that is consistent with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations and, if established by the state board, in accordance with any uniform statewide water recycling criteria developed for the direct potable reuse of recycled water. (f) (1) Advanced purified demonstration water may be bottled only at a licensed water-bottling plant in compliance with Sections 111070.5, 111080, 111120, 111145, and 111155 of the Health and Safety Code. (2) Before bottling advanced purified demonstration water, an advanced water purification facility shall follow all pretreatment and labeling regulations for water bottling, including the requirements described in Section 111070.5 of the Health and Safety Code and the requirements for bottled water and vended water pursuant to Section 111080 of the Health and Safety Code. (g) Advanced purified demonstration water shall be handled from the point of production to the completion of bottling in accordance with all regulations governing the transportation, bottling, labeling, and handling of bottled water, as defined in subdivision (a) of Section 111070 of the Health and Safety Code, including, but not limited to, subdivisions (a), (b), (f), and (h) of Section 111075 of the Health and Safety Code and Section 111070.5 of the Health and Safety Code. A water-bottling plant that bottles advanced purified demonstration water in accordance with this section may also bottle potable water, subject to compliance with Article 12 (commencing with Section 111070) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. (h) An advanced water purification facility shall not provide bottled advanced purified demonstration water to any person under 18 years of age without the consent of that person’s parent or legal guardian. (i) An advanced water purification facility shall not provide advanced purified demonstration water for human consumption, as defined in Section 116275 of the Health and Safety Code, including, but not limited to, in bottles, to more than 25 individuals per day for 60 or more days in a calendar year. (j) Advanced purified demonstration water shall be bottled in nonreturnable (one-way) bottles or packages with labels containing the following information in an easily readable format that complies with all of the following: (1) The label shall state “sample water--not for sale” and “Advanced Purified Water Sourced From Wastewater.” (2) The label shall set forth the name, address, telephone number, and Internet Web site of the operator of the facility producing the advanced purified demonstration water. (3) The label shall include a brief description of the advanced purified demonstration water, including its source and the treatment processes to which the water is subjected. (k) A single advanced water purification facility shall not cause more than 1,000 gallons of advanced purified demonstration water to be bottled in a calendar year. (l) Advanced purified demonstration water shall not be sold or otherwise distributed in exchange for financial consideration. (m) Any operator of an advanced water purification facility seeking to bottle advanced purified demonstration water shall establish a collection and recycling program for distributed bottles. (n) The operator of an advanced water purification facility that is bottling advanced purified demonstration water shall do all of the following: (1) Maintain a daily record of the number of individuals to whom advanced purified demonstration water is distributed, served, made available, or otherwise provided, including, but not limited to, from a bottle. (2) Compile a report of all daily records described in paragraph (1) for each calendar year. (3) Certify under penalty of perjury that the report is accurate. (4) Provide the report within 45 days of the end of the calendar year for which the report was made to the deputy director of the Division of Drinking Water of the State Water Resources Control Board. (o) This section does not exempt an advanced water purification facility from any standard for bottling water imposed pursuant to federal law. (Added by Stats. 2016, Ch. 408, Sec. 2. (AB 2022) Effective January 1, 2017.)
  101. 13575.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

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    This chapter may be cited as the Water Recycling Act of 1991, and it defines several terms used in the chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13575. (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. (7) “Retailer” means the retail water supplier in whose service area is located the property to which a customer requests the delivery of recycled water service. (Amended by Stats. 1998, Ch. 753, Sec. 1. Effective January 1, 1999.)
  102. 13576.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

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    The section explains California’s recycled-water policy goals and encourages water-related entities to promote, cooperate on, and contract for recycled water use where appropriate.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13576. The Legislature hereby makes the following findings and declarations: (a) The State of California is subject to periodic drought conditions. (b) The development of traditional water resources in California has not kept pace with the state’s population, which is growing at the rate of over 700,000 per year and which is anticipated to reach 36,000,000 by the year 2010. (c) There is a need for a reliable source of water for uses not related to the supply of potable water to protect investments in agriculture, greenbelts, and recreation and to replenish groundwater basins, and protect and enhance fisheries, wildlife habitat, and riparian areas. (d) The environmental benefits of recycled water include a reduced demand for water in the Sacramento-San Joaquin Delta that is otherwise needed to maintain water quality, reduced discharge of waste into the ocean, and the enhancement of groundwater basins, recreation, fisheries, and wetlands. (e) The use of recycled water has proven to be safe from a public health standpoint, and the State Department of Public Health is updating regulations for the use of recycled water. (f) The use of recycled water is a cost-effective, reliable method of helping to meet California’s water supply needs. (g) The development of the infrastructure to distribute recycled water will provide jobs and enhance the economy of the state. (h) Retail water suppliers and recycled water producers and wholesalers should promote the substitution of recycled water for potable water and imported water in order to maximize the appropriate cost-effective use of recycled water in California. (i) Recycled water producers, retail water suppliers, and entities responsible for groundwater replenishment should cooperate in joint technical, economic, and environmental studies, as appropriate, to determine the feasibility of providing recycled water service. (j) Retail water suppliers and recycled water producers and wholesalers should be encouraged to enter into contracts to facilitate the service of recycled and potable water by the retail water suppliers in their service areas in the most efficient and cost-effective manner. (k) Recycled water producers and wholesalers and entities responsible for groundwater replenishment should be encouraged to enter into contracts to facilitate the use of recycled water for groundwater replenishment if recycled water is available and the authorities having jurisdiction approve its use. (l) Wholesale prices set by recycled water producers and recycled water wholesalers, and rates that retail water suppliers are authorized to charge for recycled water, should reflect an equitable sharing of the costs and benefits associated with the development and use of recycled water. (Amended by Stats. 2010, Ch. 288, Sec. 47. (SB 1169) Effective January 1, 2011.)
  103. 13577.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

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    This section sets statewide water recycling goals for 700,000 acre-feet per year by 2000 and 1,000,000 acre-feet per year by 2010.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13577. This chapter establishes a statewide goal to recycle a total of 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. (Added by Stats. 1991, Ch. 187, Sec. 3.)
  104. 13578.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

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    The department must study recycled water opportunities and barriers, report to the Legislature, and convene a 2002 Recycled Water Task Force.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13578. (a) In order to achieve the statewide goal for recycled water use established in Section 13577 and to implement the Governor’s Advisory Drought Planning Panel Critical Water Shortage Contingency Plan recommendations, Section F2, as submitted December 29, 2000, the department shall identify and report to the Legislature on opportunities for increasing the use of recycled water, as defined in paragraph (3) of subdivision (b) of Section 13575, and identify constraints and impediments, including the level of state financial assistance available for project construction, to increasing the use of recycled water. (b) The department shall convene a task force, to be known as the 2002 Recycled Water Task Force, to advise the department in implementation of subdivision (a), including making recommendations to the Legislature regarding the following: (1) How to further the use of recycled water in industrial and commercial applications, including, but not limited to, those applications set forth in Section 13552.8. The task force shall evaluate the current regulatory framework of state and local rules, regulations, ordinances, and permits to identify the obstacles and disincentives to industrial and commercial reuse. Issues to be investigated include, but are not limited to, applicability of visual inspections instead of pressure tests for cross-connections between potable and nonpotable water systems, dual piping trenching restrictions, fire suppression system design, and backflow protections. (2) Changes in the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, that are appropriate to facilitate the use of recycled water in industrial and commercial settings. The department shall make recommendations to the California Building Standards Commission with regard to suggested revisions to the California Plumbing Code necessary to incorporate the changes identified by the task force. (3) Changes in state statutes or the current regulatory framework of state and local rules, regulations, ordinances, and permits appropriate to increase the use of recycled water for commercial laundries and toilet and urinal flushing in structures including, but not limited to, those defined in subdivision (c) of Section 13553. The department shall identify financial incentives to help offset the cost of retrofitting privately and publicly owned structures. (4) The need to reconvene the California Potable Reuse Committee established by the department in 1993 or convene a successor committee to update the committee’s finding that planned indirect potable reuse of recycled water by augmentation of surface water supplies would not adversely affect drinking water quality if certain conditions were met. (5) The need to augment state water supplies using water use efficiency strategies identified in the CALFED Bay-Delta Program. In its report pursuant to subdivision (a), the department shall identify ways to coordinate with CALFED to assist local communities in educating the public with regard to the statewide water supply benefits of local recycling projects and the level of public health protection ensured by compliance with the uniform statewide water recycling criteria developed by the State Department of Public Health in accordance with Section 13521. (6) Impediments or constraints, other than water rights, related to increasing the use of recycled water in applications for agricultural, environmental, or irrigation uses, as determined by the department. (c) (1) The task force shall be convened by the department and be comprised of one representative from each of the following state agencies: (A) The department. (B) The State Department of Public Health. (C) The state board. (D) The California Environmental Protection Agency. (E) The CALFED Bay-Delta Program. (F) The Department of Food and Agriculture. (G) The California Building Standards Commission. (H) The University of California. (I) The Natural Resources Agency. (2) The task force shall also include one representative from a recognized environmental advocacy group and one representative from a consumer advocacy group, as determined by the department, and one representative of local agency health officers, one representative of urban water wholesalers, one representative from a groundwater management entity, one representative of water districts, one representative from a nonprofit association of public and private members created to further the use of recycled water, one representative of commercial real estate, one representative of land development, one representative of industrial interests, and at least two representatives from each of the following as defined in Section 13575: (A) Recycled water producer. (B) Recycled water wholesaler. (C) Retail water supplier. (d) The department and the task force shall report to the Legislature not later than July 1, 2003. (e) The department shall carry out the duties of this section only to the extent that funds pursuant to Section 79145, enacted as part of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act (Division 26 (commencing with Section 79000)), are made available for the purposes of this section. (Amended by Stats. 2010, Ch. 288, Sec. 48. (SB 1169) Effective January 1, 2011.)
  105. 13579.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

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    Retail water suppliers must identify recycled water uses, customers, and potential sources; recycled water producers and wholesalers may also help identify uses and customers, and the listed parties may cooperate in feasibility studies.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13579. (a) In order to achieve the goals established in Section 13577, retail water suppliers shall identify potential uses for recycled water within their service areas, potential customers for recycled water service within their service areas, and, within a reasonable time, potential sources of recycled water. (b) Recycled water producers and recycled water wholesalers may also identify potential uses for recycled water, and may assist retail water suppliers in identifying potential customers for recycled water service within the service areas of those retail water suppliers. (c) Recycled water producers, retail water suppliers, and entities responsible for groundwater replenishment may cooperate in joint technical, economic, and environmental studies, as appropriate, to determine the feasibility of providing recycled water service and recycled water for groundwater replenishment consistent with the criteria set forth in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 13550 and in accordance with Section 60320 of Title 22 of the California Code of Regulations. (Amended by Stats. 1998, Ch. 164, Sec. 3. Effective January 1, 1999.)
  106. 13580.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

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    Several parties may request recycled-water agreements or supply arrangements, and one groundwater-replenishment customer is barred from obtaining recycled water without its retail water supplier’s agreement.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13580. (a) A retail water supplier that has identified a potential use or customer pursuant to Section 13579 may apply to a recycled water producer or recycled water wholesaler for a recycled water supply. (b) A recycled water producer or recycled water wholesaler that has identified a potential use or customer pursuant to Section 13579, that is within the service territory or jurisdiction of a retail water supplier, may, in writing, request a retail water supplier to enter into an agreement to provide recycled water to the potential customer. (c) A customer may request, in writing, a retailer to enter into an agreement to provide recycled water to the customer. (d) (1) An entity responsible for groundwater replenishment that is a customer of a retail water supplier and that has identified the potential use of recycled water for groundwater replenishment purposes may, in writing, request that retail water supplier to enter into an agreement to provide recycled water for that purpose consistent with Sections 13580.5, 13580.7, and 13580.8, as applicable. That entity may not obtain recycled water for that purpose from a recycled water producer, a recycled water wholesaler, or another retail water supplier without the agreement of the entity’s retail water supplier. (2) An entity responsible for groundwater replenishment that is not a customer of a retail water supplier and that has identified the potential use of recycled water for groundwater replenishment purposes may, in writing, request a retail water supplier, a recycled water producer, or a recycled water wholesaler to enter into an agreement to provide recycled water for that purpose. (Amended by Stats. 2014, Ch. 817, Sec. 2. (AB 2443) Effective January 1, 2015.)
  107. 13580.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

    Verify source ↗

    A retail water supplier must enter into an agreement to provide recycled water when a qualifying customer request is made and recycled water is available, or can be made available.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13580.5. (a) (1) Subject to subdivision (e) of Section 13580.7, a retail water supplier that receives a request from a customer pursuant to subdivision (c) of Section 13580 shall enter into an agreement to provide recycled water, if recycled water is available, or can be made available, to the retail water supplier for sale to the customer. (2) Notwithstanding paragraph (1), in accordance with a written agreement between a recycled water producer or a recycled water wholesaler and a retail water supplier, the retail water supplier may delegate to a recycled water producer or a recycled water wholesaler its responsibility under this section to provide recycled water. (b) A customer may not obtain recycled water from a recycled water producer, a recycled water wholesaler, or a retail water supplier that is not the retailer without the agreement of the retailer. (c) If either a recycled water producer or a recycled water wholesaler provides a customer of a retail water supplier with a written statement that it can and will provide recycled water to the retailer, the retail water supplier shall, not later than 120 days from the date on which the retail water supplier receives the written statement from the customer, by certified mail, return receipt requested, submit a written offer to the customer that includes the items listed in subdivision (f) of Section 13580.7. A determination of availability pursuant to Section 13550 is not required. (d) If the state board pursuant to Section 13550 makes a determination that there is available recycled water to serve a customer of a retail water supplier, the retail water supplier, not later than 120 days from the date on which the retail water supplier receives a copy of that determination from the customer, by certified mail, return receipt requested, shall submit a written offer to the customer. (Amended by Stats. 2014, Ch. 817, Sec. 3. (AB 2443) Effective January 1, 2015.)
  108. 13580.7.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

    Verify source ↗

    A retail water supplier covered by this section must send a written offer after a customer’s written request and, if a recycled-water rate is set, the rate must follow the statute’s cost and service rules.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13580.7. (a) This section applies only to a retail water supplier that is either a mutual water company, formed and operating pursuant to Part 7 (commencing with Section 14300) of Division 3 of Title 1 of the Corporations Code, or a public agency. (b) A customer may request, in writing, a retail water supplier to enter into an agreement or adopt recycled water rates in order to provide recycled water service to the customer. The retail water supplier, by certified mail return receipt requested, shall submit a written offer to the customer not later than 120 days from the date on which the retail water supplier receives the written request from the customer that complies with subdivision (f). (c) If no rate is in effect for recycled water service within the service area of a retail water supplier, the rate and conditions for recycled water service shall be established by contract between the retail water supplier and the customer, not later than 120 days from the date on which the customer requests a contract, or, by resolution or ordinance by the retail water supplier if it is a public agency, or by resolution if the retail water supplier is a mutual water company, not later than 120 days from the date on which the retail water supplier receives the customer’s written request for an ordinance or resolution. (d) A rate for recycled water service established by contract, ordinance, or resolution, shall reflect a reasonable relationship between the amount of the rate and the retail cost of obtaining or producing the recycled water, the cost of conveying the recycled water, and overhead expenses for providing and administering the use of recycled water service. Capital costs of facilities required to serve the customer shall be amortized over the economic life of the facility, or the length of time the customer agrees to purchase recycled water, whichever is less. The rate shall not exceed the estimated reasonable cost of providing the service, and any additional costs agreed to by the customer for recycled water supplemental treatment. (e) To the extent feasible, the rate for recycled water shall be comparable to, or less than, the retail water supplier’s rate for potable water. If recycled water service cannot be provided at a rate comparable to, or less than, the rate for potable water, the retail water supplier is not required to provide the recycled water service, unless the customer agrees to pay a rate that reimburses the retail water supplier for the costs described in subdivision (c). (f) The offer required by subdivision (b) and subdivisions (c) and (d) of Section 13580.5 shall identify all of the following: (1) The source for the recycled water. (2) The method of conveying the recycled water. (3) A schedule for delivery of the recycled water. (4) The terms of service. (5) The rate for the recycled water, including the per-unit cost for that water. (6) The costs necessary to provide service and the basis for determining those costs. (g) This section does not apply to recycled water service rates established before January 1, 1999, or any amendments to those rates. (Amended by Stats. 2014, Ch. 817, Sec. 4. (AB 2443) Effective January 1, 2015.)
  109. 13580.8.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

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    For certain retail water suppliers regulated by the Public Utilities Commission, the commission sets recycled-water rates, and utilities may request or propose rates; if rates are set by contract, the utility and customer must negotiate in good faith.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13580.8. (a) This section applies only to a retail water supplier that is regulated by the Public Utilities Commission. (b) Rates for recycled water that is provided to the customer by a retail water supplier regulated by the Public Utilities Commission shall be established by the commission pursuant to Section 455.1 of the Public Utilities Code. A regulated water utility may request the commission to establish the rate or rates for the delivery of recycled or nonpotable water, with the objective of providing, where practicable, a reasonable economic incentive for the customer to purchase recycled or nonpotable water in place of potable water. (c) A regulated water utility may propose a rate or rates for recycled or nonpotable water by tariff or by contract between the retail water supplier and the customer. Where the rate or rates are set by contract, the water utility and its customer shall meet, confer, and negotiate in good faith to establish a contract rate. (d) The commission shall, as appropriate, provide a discount from the general metered rate of the water utility for potable water by either of the following means: (1) Passing through to the customer the net reduction in cost to the water utility in purchasing and delivering recycled or nonpotable water as compared to the cost of purchasing and delivering potable water. (2) Granting to the customer a uniform discount from the water utility’s general metered potable water rate when the discount in paragraph (1) is determined to be an insufficient incentive for the customer to convert to the use of recycled or nonpotable water. If the commission provides for a discount pursuant to this paragraph that is greater than the water utility’s reduction in cost, the commission shall authorize the water utility to include the aggregate amount of that discount in its revenue requirements to be applied to, and recovered in, rates that are applicable to all general metered customers. (Added by Stats. 1998, Ch. 753, Sec. 5. Effective January 1, 1999.)
  110. 13580.9.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

    Verify source ↗

    For certain West Covina water utility transfers, recycled or nonpotable water rates must be set under Section 13580.7 when service is provided to a closed hazardous waste and solid waste facility in the city.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13580.9. (a) Notwithstanding any other law, and except as otherwise previously provided for in a contract agreed to by the customer and the City of West Covina, if the purchaser, contractor, or lessee of, or successor to, all or a portion of the water utility owned by the City of West Covina is a retail water supplier that is regulated by the Public Utilities Commission, rates for recycled or nonpotable water service to a closed hazardous waste and solid waste facility located within the boundaries of the City of West Covina for the purposes of irrigation, recreation, or dust suppression or any other use at that facility shall be established in accordance with subdivisions (a) to (e), inclusive, of Section 13580.7, and if there is a failure to agree on the terms and conditions of a recycled or nonpotable water supply agreement for the delivery of water for those purposes by that purchaser, contractor, lessee, or successor, Section 13581 shall apply. (b) For the purpose of this section, nonpotable water that is not the result of the treatment of waste shall be treated as the equivalent of recycled water if it is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource, if the use of that water will not adversely affect downstream water rights, degrade water quality, or be injurious to plant life, fish, or wildlife, as provided by statute or by regulations of the State Department of Public Health and the state board or a regional board, as appropriate. (Amended by Stats. 2010, Ch. 288, Sec. 49. (SB 1169) Effective January 1, 2011.)
  111. 13581.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

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    If parties cannot agree on a recycled water supply agreement, they may seek formal mediation; mediation must start within 60 days, and if there is no agreement the affected retail water supplier must set a recycled water rate within 30 days.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13581. (a) If there is a failure to agree on terms and conditions of a recycled water supply agreement involving a retail water supplier that is a public agency within 180 days from the date of the receipt of a request for recycled water pursuant to subdivision (c) of Section 13580, a written statement pursuant to subdivision (c) of Section 13580.5, or a determination of availability pursuant to subdivision (d) of Section 13580.5, any party may request a formal mediation process. The parties shall commence mediation within 60 days after the mediation request is made. If the parties cannot agree on a mediator, the director shall appoint a mediator. The mediator may recommend to the parties appropriate terms and conditions applicable to the service of recycled water. The cost for the services of the mediator shall be divided equally among the parties to the mediation and shall not exceed twenty thousand dollars ($20,000). (b) If the parties in mediation reach agreement, both parties together shall draft the contract for the recycled water service. The parties shall sign the contract within 30 days. (c) If the parties in mediation fail to reach agreement, the affected retail water supplier shall, within 30 days, by resolution or ordinance, adopt a rate for recycled water service. The agency action shall be subject to validating proceedings pursuant to Chapter 9 (commencing with Section 860) of Part 2 of Title 10 of the Code of Civil Procedure, except that there shall not be a presumption in favor of the retail water supplier under the action taken to set the rate for recycled water service. The mediator shall file a report with the superior court setting forth the recommendations provided to the parties regarding appropriate terms and conditions applicable to the service of recycled water. Each party shall bear its own costs and attorney’s fees. (Amended by Stats. 1998, Ch. 753, Sec. 7. Effective January 1, 1999.)
  112. 13581.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

    Verify source ↗

    If a regulated retail water supplier and a customer do not agree on a recycled water supply agreement within 180 days, the matter goes to the Public Utilities Commission, which must set the recycled water contract rate.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13581.2. If the retail water supplier is regulated by the Public Utilities Commission, and there is a failure to agree on terms and conditions of a recycle water supply agreement with a customer within 180 days from the date of the receipt of a request for recycled water pursuant to subdivision (c) of Section 13580, a written statement pursuant to subdivision (c) of Section 13580.5, or a determination of availability pursuant to subdivision (d) of Section 13580.5, the matter shall be submitted to the Public Utilities Commission for resolution, and the commission shall determine a contract rate or rates for recycled water as provided in Section 13580.8. (Added by Stats. 1998, Ch. 753, Sec. 8. Effective January 1, 1999.)
  113. 13582.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

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    This chapter is not intended to change specified existing rights, remedies, obligations, rates, or contracts.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13582. This chapter is not intended to alter either of the following: (a) Any rights, remedies, or obligations which may exist pursuant to Article 1.5 (commencing with Section 1210) of Chapter 1 of Part 2 of Division 2 of this code or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code. (b) Any rates established or contracts entered into prior to January 1, 1999. (Amended by Stats. 1998, Ch. 753, Sec. 9. Effective January 1, 1999.)
  114. 13583.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. )

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    If a retail water supplier public agency does not comply with this chapter, the customer may petition a court for a writ of mandate. If the supplier is regulated by the Public Utilities Commission, the Commission may order compliance after a customer petition specifying the failed provisions.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 7.5. Water Recycling Act of 1991 [13575 - 13583] ( Chapter 7.5 added by Stats. 1991, Ch. 187, Sec. 3. ) ## 13583. (a) If a retail water supplier that is a public agency does not comply with this chapter, the customer may petition a court for a writ of mandate pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (b) If a retail water supplier is regulated by the Public Utilities Commission and does not comply with this chapter, the Public Utilities Commission may order the retailer to comply with this chapter after receiving a petition from the customer specifying the provisions of this chapter with which the retailer has failed to comply. (Added by Stats. 1998, Ch. 753, Sec. 10. Effective January 1, 1999.)
  115. 136.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

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    The Department of Water Resources must file claims against the Water Resources Revolving Fund for covered expenditures, and the State Controller must draw the warrant against that fund.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 136. The Department of Water Resources shall file against the Water Resources Revolving Fund all claims covering expenditures incurred in connection with services, new construction, major construction and equipment, minor construction, maintenance, improvements and equipment, hydraulic or other improvement projects, investigations, surveys, experiments and reports, and the State Controller shall draw his warrant therefor against that fund. (Added by Stats. 1957, Ch. 1932.)
  116. 13600.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. )

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    The state board must administer delegated water-quality financial assistance programs and may accept funds from the United States or any person for that purpose.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. ) ## 13600. The state board shall administer any program of financial assistance for water quality control which may be delegated to it by law, and may accept funds from the United States or any person to that end. (Repealed and added by Stats. 1969, Ch. 482.)
  117. 13601.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. )

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    The state board must survey wastewater facility needs, may request reports from local public agencies, and must submit findings on needed financing to the Legislature.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. ) ## 13601. The state board, in cooperation with the regional boards, shall survey the statewide need for waste collection, treatment and disposal facilities which will be required during the five-year period, January 1, 1968, to December 31, 1972, inclusive, to adequately protect the waters of the state for beneficial use. The state board shall also, biennially, commencing in 1970, survey the need for facilities which will be required by public agencies for the ensuing five-year period. The state board may request a local public agency operating such facilities to transmit to its regional board a report on the following: (a) A summary of the construction or improvement of its waste collection, treatment and disposal facilities and amounts expended therefor. (b) An estimate of its needs for the five-year period, January 1, 1968, to December 31, 1972, inclusive, and for any ensuing five-year period. The state board shall review the information contained in the reports made by the local public agencies. The state board shall submit to the Legislature findings and conclusions as to the anticipated local, state, and federal financing necessary to provide the needed facilities for such periods. (Repealed and added by Stats. 1969, Ch. 482.)
  118. 13602.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. )

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    The state board must not make a commitment or enter into an agreement under this chapter until it determines the money needed for the state's share of project cost is available.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. ) ## 13602. The state board shall make no commitment or enter into any agreement pursuant to an exercise of authority under this chapter until it has determined that any money required to be furnished as the state’s share of project cost is available for such purpose. (Repealed and added by Stats. 1969, Ch. 482.)
  119. 13603.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. )

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    The Governor may request funding for the state’s share of project costs each fiscal year through the annual Budget Bill.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. ) ## 13603. The Governor may request the funds required to finance the state’s share of project costs for each fiscal year through inclusion of the anticipated state’s share in the annual Budget Bill. (Repealed and added by Stats. 1969, Ch. 482.)
  120. 13604.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. )

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    The state board must review and approve certain waste collection, treatment, and disposal projects tied to grant applications, determine whether they conform to state water quality policy and regional plans, and certify their priority status.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. ) ## 13604. The state board shall review and approve each waste collection, treatment, and disposal project for which an application for a grant under the Federal Water Pollution Control Act has been made. The state board shall, in reviewing each project, determine whether such project is in conformity with state policy for water quality control and in conformity with water quality control plans adopted by regional boards, and shall certify that such project is entitled to priority over other eligible projects on the basis of financial as well as water pollution control needs. (Amended by Stats. 1970, Ch. 254.)
  121. 13605.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. )

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    When reviewing certain grant applications, the state board must give extra consideration to applicants with facilities that provide optimum water recycling and use recycled water.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. ) ## 13605. For the purpose of reviewing applications for grants made pursuant to authority granted in Section 13600, the state board shall give added consideration to applicants having facilities providing optimum water recycling and use of recycled water. (Amended by Stats. 1995, Ch. 28, Sec. 50. Effective January 1, 1996.)
  122. 13606.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. )

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    If an applicant cannot finance its local share, the state board must consider requiring a sewerage service charge before approving the grant.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. ) ## 13606. If an application states that the applicant is not able to finance the local agency share of the project, the state board shall consider whether the applicant should be required to levy a sewerage service charge. If the state board determines a sewerage service charge is necessary to pay such costs, the state board shall not approve the grant application unless, as a condition to such approval, the applicant agrees to levy a reasonable and equitable sewerage service charge in connection with the proposed project. Any such applicant, not otherwise authorized, is authorized by this section to levy a sewerage service charge pursuant to such an agreement, and shall levy such charge in the manner provided in the agreement. (Added by Stats. 1969, Ch. 482.)
  123. 13607.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. )

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    Money the Legislature appropriates for the state’s share of project costs must be handled without regard to fiscal years, or used to augment an appropriation without regard to fiscal years.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. ) ## 13607. All money appropriated by the Legislature for the state’s share of the project costs shall be appropriated without regard to fiscal years, or shall augment an appropriation without regard to fiscal years. (Added by Stats. 1969, Ch. 482.)
  124. 13608.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. )

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    The state board may not accept certain grant or loan applications unless they include assurances that plant supervisors and operators meet or will meet certification requirements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. ) ## 13608. After the effective date of the amendment of this section by the 1972 Regular Session of the Legislature, no application for a grant under this division or under the Federal Water Pollution Control Act, or amendment thereof, or for a loan pursuant to Chapter 6 (commencing with Section 13400) of this division, shall be accepted by the state board unless such application contains assurances that supervisors and operators of the plant meet or will meet certification requirements, adopted pursuant to Chapter 9 (commencing with Section 13625) of this division, for the proposed plant, as well as the plant in current operation. (Amended by Stats. 1972, Ch. 1315.)
  125. 13609.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. )

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    Money in the State Clean Water Grants Administration Revolving Fund is transferred to the State Clean Water Fund to pay administrative costs, subject to appropriation.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8. Federal Assistance for Treatment Facilities [13600 - 13609] ( Chapter 8 added by Stats. 1969, Ch. 482. ) ## 13609. The money in the State Clean Water Grants Administration Revolving Fund is transferred to the State Clean Water Fund to pay, upon appropriation, for administrative costs relating to adjustments of grant processing fees paid pursuant to this chapter. (Repealed and added by Stats. 1992, Ch. 426, Sec. 2. Effective January 1, 1993.)
  126. 13610.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8.5. Perchlorate [13610 - 13613] ( Chapter 8.5 added by Stats. 2003, Ch. 614, Sec. 3. )

    Verify source ↗

    This section defines “perchlorate,” “perchlorate storage facility,” and a “military munitions storage facility” for this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8.5. Perchlorate [13610 - 13613] ( Chapter 8.5 added by Stats. 2003, Ch. 614, Sec. 3. ) ## 13610. Unless the context otherwise requires, the definitions set forth in this section govern the construction of this chapter: (a) (1) Subject to paragraph (2), “perchlorate” means all perchlorate-containing compounds, including ammonium, potassium, magnesium, and sodium perchlorate. (2) Perchlorate does not include perchlorate located in unused military munitions, as defined in Section 260.10 of Title 40 of the Code of Federal Regulations, that were stored on or after January 1, 2004. (b) Subject to Section 13610.5, “perchlorate storage facility” means a facility, not including a military munitions storage facility within a military installation that meets the Department of Defense Explosive Safety Board requirements set forth in DOD 6055.9-STD (Department of Defense Ammunition and Explosives Safety Standards), that stores over 500 pounds of perchlorate in any calendar year. (c) For the purposes of this section, “military munitions storage facility” does not include the entire military installation within which the military munitions storage facility is located. (Amended by Stats. 2004, Ch. 508, Sec. 1. Effective January 1, 2005.)
  127. 13610.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8.5. Perchlorate [13610 - 13613] ( Chapter 8.5 added by Stats. 2003, Ch. 614, Sec. 3. )

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    This chapter does not apply to perchlorate storage facilities used for retail or law enforcement purposes, or to drinking water storage reservoirs.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8.5. Perchlorate [13610 - 13613] ( Chapter 8.5 added by Stats. 2003, Ch. 614, Sec. 3. ) ## 13610.5. This chapter does not apply to the following: (a) A facility that stores perchlorate for retail purposes or for law enforcement purposes. (b) Drinking water storage reservoirs. (Added by Stats. 2003, Ch. 614, Sec. 3. Effective January 1, 2004.)
  128. 13611.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8.5. Perchlorate [13610 - 13613] ( Chapter 8.5 added by Stats. 2003, Ch. 614, Sec. 3. )

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    Some perchlorate-related notification duties do not apply to compliant discharges or compliant water agencies, and failures to give the required notifications can lead to civil liability.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8.5. Perchlorate [13610 - 13613] ( Chapter 8.5 added by Stats. 2003, Ch. 614, Sec. 3. ) ## 13611. (a) The notification required by Section 13611.5 does not apply to a discharge that is in compliance with this division, or to a water agency conveying water in compliance with all state and federal drinking water standards. (b) Any person who fails to provide the notifications required by Section 13271 relating to perchlorate or by Section 13611.5 may be civilly liable in accordance with subdivision (c). (c) (1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation described in subdivision (b) in an amount that does not exceed one thousand dollars ($1,000) for each day in which the violation occurs. (2) Civil liability may be imposed by the superior court in accordance with Article 5 (commencing with Section 13350) and Article 6 (commencing with Section 13360) of Chapter 5 for a violation described in subdivision (b) in an amount that is not less than five hundred dollars ($500), nor more than five thousand dollars ($5,000), for each day in which the violation occurs. (d) Notwithstanding Section 13441, all moneys collected by the state pursuant to this section shall be available to the state board upon appropriation by the Legislature. (Amended by Stats. 2006, Ch. 538, Sec. 679. Effective January 1, 2007.)
  129. 13611.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8.5. Perchlorate [13610 - 13613] ( Chapter 8.5 added by Stats. 2003, Ch. 614, Sec. 3. )

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    Owners or operators of certain perchlorate storage facilities must report specified storage information to the state board, unless they qualify for the section’s alternative compliance path.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8.5. Perchlorate [13610 - 13613] ( Chapter 8.5 added by Stats. 2003, Ch. 614, Sec. 3. ) ## 13611.5. (a) On or before January 1, 2005, and annually thereafter, unless the owner or operator has met the alternative compliance requirements of subdivision (b), an owner or operator of a storage facility that has stored in any calendar year since January 1, 1950, over 500 pounds of perchlorate shall submit to the state board, to the extent feasible, all of the following information: (1) The volume of perchlorate stored each year. (2) The method of storage. (3) The location of storage. To the extent authorized by federal law, in the case of a perchlorate storage facility under the control of the Armed Forces of the United States, “location” means the name and address of the property within which the perchlorate storage facility is located. (4) Copies of documents relating to any monitoring undertaken for potential leaks into the water bodies of the state. (b) The owner or operator of a storage facility that has stored in any calendar year since January 1, 1950, over 500 pounds of perchlorate, is in compliance with this section if both of the following conditions are met: (1) The owner or operator has provided substantially similar information as required pursuant to subdivision (a) to a state, local, or federal agency pursuant to any of the following: (A) An order issued by a regional board pursuant to Chapter 5 (commencing with Section 13300) of Division 7. (B) An order, consent order, or consent decree issued or entered into by the Department of Toxic Substances Control pursuant to Part 2 (commencing with Section 78000) of Division 45 of the Health and Safety Code. (C) An order, consent order, or consent decree issued or entered into by the United States Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.). (D) The requirement under Section 25504.1 of the Health and Safety Code, as added by Assembly Bill 826 of the 2003–04 Regular Session. (2) The owner or operator, on or before January 1, 2005, and annually thereafter, notifies the state board of the governmental entity to which the information is provided and the state board determines the information supplied is substantially similar as the information required to be reported pursuant to subdivision (a). In the case of any information submitted to a federal or local agency, the state board may require the owner or operator, in addition, to submit that information to the state board if the state board determines that the information is not otherwise reasonably available to the state board. (c) This section shall not be administered or implemented if the state board receives notification from the Secretary for Environmental Protection pursuant to Section 13613 that the Secretary for Environmental Protection has established a database that is able to receive perchlorate inventory information. (d) Information on perchlorate storage need only be submitted pursuant to this section one time, unless information originally submitted pursuant to this section has changed. (Amended by Stats. 2022, Ch. 258, Sec. 128. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  130. 13612.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8.5. Perchlorate [13610 - 13613] ( Chapter 8.5 added by Stats. 2003, Ch. 614, Sec. 3. )

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    The state board must publish a public list of past and present perchlorate storage facilities by January 1, 2006, and keep related Section 13611.5 information centrally. It may also charge qualifying storage facility owners an annual fee of up to $100.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8.5. Perchlorate [13610 - 13613] ( Chapter 8.5 added by Stats. 2003, Ch. 614, Sec. 3. ) ## 13612. (a) The state board shall publish and make available to the public on or before January 1, 2006, a list of past and present perchlorate storage facilities within the state. The state board may charge an annual fee to each owner of a storage facility that provides information to the board for that purpose, which fee shall not exceed one hundred dollars ($100) for each year information is provided. The fees shall be deposited in the State Water Quality Control Fund, and notwithstanding any other provision of law, shall be available to the state board upon appropriation by the Legislature. (b) The state board shall compile and maintain centrally all information obtained pursuant to Section 13611.5. The information shall be available for public review. (Added by Stats. 2003, Ch. 614, Sec. 3. Effective January 1, 2004.)
  131. 13613.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8.5. Perchlorate [13610 - 13613] ( Chapter 8.5 added by Stats. 2003, Ch. 614, Sec. 3. )

    Verify source ↗

    After notification that the required database exists, the state board must send the Secretary for Environmental Protection all perchlorate storage information obtained under Section 13611.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 8.5. Perchlorate [13610 - 13613] ( Chapter 8.5 added by Stats. 2003, Ch. 614, Sec. 3. ) ## 13613. Upon notification from the Secretary for Environmental Protection that he or she has established a database that is able to receive perchlorate inventory information pursuant to paragraph (2) of subdivision (e) of Section 25404 of the Health and Safety Code, the state board shall submit to the Secretary for Environmental Protection all perchlorate storage information obtained pursuant to Section 13611.5. (Added by Stats. 2003, Ch. 614, Sec. 3. Effective January 1, 2004.)
  132. 13625.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

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    This section defines several wastewater-related terms used in the chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13625. As used in this chapter unless the context otherwise requires, the following definitions apply: (a) “Chief plant operator” means the person designated by the owner of the wastewater treatment plant as the person responsible for the overall operation of the wastewater treatment plant, including compliance with effluent limitations established in the wastewater treatment plant’s waste discharge requirements. (b) “Operates” means actions or decisions to control performance or outcome of one or more wastewater treatment processes and includes the supervision of any other person who acts or makes decisions to control the performance or outcome of one or more wastewater treatment processes. (c) “Wastewater certificate” means a certificate of competency issued by the state board stating that a person has met the requirements to be certified for a specific classification and grade level in the certification program. At a minimum, wastewater certificate classifications shall include operators and operators-in-training. (d) (1) “Wastewater treatment plant” means any of the following: (A) Any facility owned by a state, local, or federal agency and used in the treatment or reclamation of sewage or industrial wastes. (B) Any privately owned facility used in the treatment or reclamation of sewage or industrial wastes, and regulated by the Public Utilities Commission pursuant to Sections 216 and 230.6 of, and Chapter 4 (commencing with Section 701) of Part 1 of Division 1 of, the Public Utilities Code. (C) Any privately owned facility used primarily in the treatment or reclamation of sewage for which the state board or a regional board has issued waste discharge requirements. (2) “Wastewater treatment plant” does not include onsite sewage treatment systems as regulated by the state board or a regional water quality control board pursuant to Chapter 4.5 (commencing with Section 13290). (e) “Wastewater treatment process” means a process that improves the quality of wastewater before it is discharged from a wastewater treatment plant and includes all of the following: (1) Use of preliminary, primary, pond, secondary, or tertiary treatment for liquid-solids separation of wastewater. (2) Use of disinfection to inactivate or destroy pathogens in wastewater. (3) Use of solids treatment for solids stabilization and volume reduction before removal from the wastewater treatment plant site. (f) “Water treatment operator certificate” has the same meaning as defined in Section 106876 of the Health and Safety Code. (g) “Water recycling treatment plant” means a wastewater treatment plant that further treats secondary or tertiary effluent, or both, for the purpose of meeting the uniform statewide recycling criteria established pursuant to Section 13521 for the use of recycled water. (Amended by Stats. 2016, Ch. 305, Sec. 19. (AB 2890) Effective January 1, 2017.)
  133. 13625.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

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    The state board may exempt certain Class 1 facilities from this chapter if operator error could not cause a water-quality violation.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13625.1. (a) The state board may exempt from the requirements of this chapter any facility that is classified as a Class 1 plant by the state board under Section 3675 of Title 23 of the California Code of Regulations, and the facility could not, due to operator error, violate water quality objectives. (b) An exemption granted pursuant to this section is valid for four years, and may be renewed by the state board upon request. (c) The state board may condition an exemption under this section, and the exemption may be terminated at any time by the board. (d) The state board may charge a reasonable administrative fee for processing a facility’s original or renewal application for exemption. (Added by Stats. 2002, Ch. 422, Sec. 2. Effective January 1, 2003.)
  134. 13626.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

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    The state board must classify wastewater treatment plants and adopt regulations describing plant types and the factors used for the classification.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13626. The state board shall classify types of wastewater treatment plants for the purpose of determining the levels of competence necessary to operate them. The state board shall adopt regulations setting forth the types of plants and the factors on which the state board based its classification. (Amended by Stats. 2016, Ch. 305, Sec. 20. (AB 2890) Effective January 1, 2017.)
  135. 13627.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

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    People who operate a wastewater treatment plant must hold a valid wastewater certificate, unless an exception applies. The state board handles certification rules, training standards, military-related waivers/credits, and discipline.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13627. (a) Except as provided in Section 13625.1 and subdivision (b), a person who operates a wastewater treatment plant shall possess a valid, unexpired wastewater certificate of the appropriate grade. (b) A person who operates a water recycling treatment plant may comply with subdivision (a) by possessing a valid, unexpired water treatment operator certificate of the appropriate grade. (c) (1) All wastewater certificates shall be issued in accordance with regulations adopted by the state board. The state board shall develop and specify in its regulations the training necessary to qualify a person for a wastewater certificate for each type and class of plant. The state board may accept experience in lieu of qualification training. (2) The state board shall evaluate opportunities for the following: (A) Issuing a wastewater certificate by examination waiver to persons who performed duties comparable to the duties of an operator at a wastewater treatment plant while serving in the United States military. (B) Award experience and education credits to persons who performed duties comparable to the duties of an operator at a wastewater treatment plant while serving in the United States military. (3) The state board shall seek consultation with the United States Department of Defense in carrying out paragraph (2). (4) If the state board identifies opportunities pursuant to paragraph (2), the state board shall, where appropriate, issue a wastewater certificate by examination waiver or award experience or education credits to persons who performed duties comparable to the duties of an operator at a wastewater treatment plant while serving in the United States military. (d) The state board may refuse to grant, suspend, or revoke any wastewater certificate, or may place on probation or reprimand the certificate holder, upon any reasonable ground, including, but not limited to, all of the following reasons: (1) Submitting false or misleading information on an application for a wastewater certificate or an examination for a wastewater certificate. (2) The employment of fraud or deception in the course of operating the wastewater treatment plant. (3) A wastewater certificate holder’s failure to use reasonable care or judgment in the operation of the plant. (4) A wastewater certificate holder’s inability to perform operating duties properly. (5) Willfully or negligently violating, or causing or allowing the violation of, waste discharge requirements or permits issued pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or this division. (6) Engaging in dishonest conduct during an examination for a wastewater certificate. (e) The state board shall conduct all proceedings for the refusal to grant a wastewater certificate, and suspension or revocation of a certificate pursuant to subdivision (d), in accordance with the rules adopted pursuant to Section 185. (Amended by Stats. 2019, Ch. 760, Sec. 3. (AB 1588) Effective January 1, 2020.)
  136. 13627.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

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    People who operate certain wastewater or water recycling treatment plants must hold the required valid, unexpired certificates, and owners/operators may not employ uncertified operators. Violations are misdemeanors and can also lead to civil penalties.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13627.1. (a) Any person who commits either of the following violations is guilty of a misdemeanor and may be liable civilly in an amount not to exceed one hundred dollars ($100) for each day of violation: (1) Operates a wastewater treatment plant that is not a water recycling treatment plant but does not hold a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter. (2) Operates a water recycling treatment plant but does not hold either a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter or a valid, unexpired water treatment operator certificate of the appropriate grade. (b) Any person or entity who commits either of the following violations is guilty of a misdemeanor and may be liable civilly in an amount not to exceed one hundred dollars ($100) for each day of violation: (1) Owns or operates a wastewater treatment plant that is not a water recycling treatment plant that employs, or allows the employment of, any person who operates the wastewater treatment plant but does not hold a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter. (2) Owns or operates a water recycling treatment plant that employs, or allows the employment of, any person who operates the water recycling treatment plant but does not hold a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter or a valid, unexpired water treatment operator certificate of the appropriate grade. (c) Any person who commits any of the acts listed in paragraph (2), (3), (5), or (6) of subdivision (d) of Section 13627 or paragraph (3) or (5) of subdivision (c) of Section 13627.3 may be liable civilly in an amount not to exceed five thousand dollars ($5,000) for each violation. (Amended by Stats. 2016, Ch. 305, Sec. 22. (AB 2890) Effective January 1, 2017.)
  137. 13627.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

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    A person who gives false or misleading information to the state board on certain wastewater certificate or registration applications may face civil liability up to $5,000 for each violation.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13627.2. Any person who submits to the state board false or misleading information on an application for a wastewater certificate, on an application for an examination for a wastewater certificate, or on an application for registration may be liable civilly in an amount not to exceed five thousand dollars ($5,000) for each violation. (Amended by Stats. 2016, Ch. 305, Sec. 23. (AB 2890) Effective January 1, 2017.)
  138. 13627.3.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

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    Operators of wastewater treatment plants must register with the state board and file periodic reports; the state board can also set registration procedures and take enforcement action on registrations.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13627.3. (a) Any person or entity that contracts with the owner of a wastewater treatment plant to operate that plant shall register with the state board, and shall, within a year after the registration or the renewal of the registration, and annually thereafter, prepare and submit to the state board a report with all of the following information: (1) The name and address of the person or entity. (2) The name and address of the wastewater treatment plants that the person or entity operates, or has operated during the preceding year, and the name of the applicable regional board that oversees each wastewater treatment plant. (3) The name and grade of each wastewater treatment plant operator employed at each plant. (4) Other information that the state board requires. (b) The state board shall, by regulation, prescribe the procedures, and requirements for, registration pursuant to subdivision (a). (c) The state board may refuse to grant, and may suspend or revoke, any registration issued by the state board pursuant to this section for good cause, including, but not limited to, any of the following reasons: (1) The submission of false or misleading information on an application for registration. (2) (A) Employment of a person to operate a wastewater treatment plant that is not a water recycling treatment plant who does not hold a valid, unexpired wastewater certificate of the appropriate grade. (B) Employment of a person to operate a water recycling treatment plant who does not hold either a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter or a valid, unexpired water treatment operator certificate of the appropriate grade. (3) Willfully or negligently causing or allowing a violation of waste discharge requirements or permits issued pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or this division. (4) Failure to meet the registration requirements prescribed by the state board pursuant to subdivision (b). (5) Failure to use reasonable care in the management or operation of the wastewater treatment plant. (d) The state board shall conduct all proceedings relating to the refusal to grant, or the suspension or revocation of, registration pursuant to subdivision (c) in accordance with the rules adopted pursuant to Section 185. (e) The state board shall establish a fee schedule to pay for its costs to implement this section. (f) Any person or entity that fails to comply with subdivision (a) is guilty of a misdemeanor and may be civilly liable in an amount not to exceed one thousand dollars ($1,000) for each day of the violation. (Amended by Stats. 2016, Ch. 305, Sec. 24. (AB 2890) Effective January 1, 2017.)
  139. 13627.4.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

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    The state board may administratively impose certain civil liability, and this chapter’s remedies are additional to other civil or criminal remedies.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13627.4. (a) The state board may administratively impose the civil liability described in Section 13627.1, 13627.2, or 13627.3 in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5. (b) A remedy under this chapter is in addition to, and does not supersede or limit, any other remedy, civil or criminal, except that liability is not recoverable against an operator under subdivision (c) of Section 13627.1 for a violation for which liability is recovered against the operator under Section 13350 or 13385. (Amended by Stats. 2010, Ch. 288, Sec. 51. (SB 1169) Effective January 1, 2011.)
  140. 13627.6.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

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    The state board must make regulations setting the procedures and requirements for naming a chief plant operator and the duties that operator must perform.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13627.6. The state board, by regulation, shall prescribe the procedures and requirements for designation of a person as the chief plant operator and the duties that a chief plant operator is required to perform. (Added by Stats. 2016, Ch. 305, Sec. 26. (AB 2890) Effective January 1, 2017.)
  141. 13628.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

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    Wastewater certificates must be renewed every three years, fees are payable to the state board at issuance and renewal, and the state board may set, revise, and in some cases reduce fees or adopt emergency regulations.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13628. (a) Wastewater certificates issued or renewed pursuant to this chapter on or after January 1, 2017, shall be renewed triennially, subject to compliance by applicants with renewal requirements prescribed by regulations. (b) Fees shall be payable to the state board at the time of issuance of a wastewater certificate and at the time of renewal. The state board shall establish a fee schedule to provide revenues that shall not exceed the amount necessary, but shall be sufficient, to recover all the costs of this program. (c) The state board may establish reduced fees for the issuance or renewal of a wastewater certificate for applicants who hold a valid, unexpired water treatment operator certificate or a valid, unexpired water distribution operator certificate. (d) The state board shall set the amount of total revenue collected each year through the fee schedules established pursuant to this chapter at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Wastewater Operator Certification Fund for expenditure for the administration of this chapter, taking into account the reserves in the fund. The state board shall review the fees each fiscal year and revise the fees as necessary to conform with the amounts appropriated by the Legislature. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the state board may further adjust the fees to compensate for the overcollection or undercollection of the revenue. (e) The state board may adopt regulations pursuant to this section, including any subsequent adjustments to the fees or subsequent amendments to the regulations, as 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. The adoption of these emergency 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, any emergency regulations adopted by the state board, or any adjustment to the fees made by the state board pursuant to this section, shall remain in effect until revised by the state board. (Amended by Stats. 2016, Ch. 305, Sec. 27. (AB 2890) Effective January 1, 2017.)
  142. 13628.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

    Verify source ↗

    The Wastewater Operator Certification Fund is created in the State Treasury, and the state board may spend its money to administer this chapter if the Legislature appropriates the money.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13628.5. (a) The Wastewater Operator Certification Fund is hereby created in the State Treasury. (b) All of the following moneys shall be deposited in the Wastewater Operator Certification Fund: (1) Any moneys made available by the Legislature for the purposes of the fund. (2) Fees collected pursuant to this chapter. (3) Notwithstanding Section 16305.7 of the Government Code, all interest earned upon moneys that are deposited in the fund. (c) The state board may expend the moneys in the Wastewater Operator Certification Fund, upon appropriation by the Legislature, for purposes of administering this chapter. (Amended by Stats. 2016, Ch. 305, Sec. 28. (AB 2890) Effective January 1, 2017.)
  143. 13629.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

    Verify source ↗

    The state board may approve qualifying courses at higher educational institutions and must also approve equivalent courses from professional associations or other public or private agencies.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13629. The state board may approve courses of instruction at higher educational institutions that will qualify operators for each grade of certification. The state board shall also approve courses of instruction given by professional associations, or other private or public agencies that shall be deemed equivalent to courses of instruction given by higher educational institutions. (Amended by Stats. 2016, Ch. 305, Sec. 29. (AB 2890) Effective January 1, 2017.)
  144. 13630.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

    Verify source ↗

    The state board is authorized to represent the state and local governmental agencies in administering available federal or state funds for wastewater treatment plant operator training, and it may provide technical and financial assistance to organizations that offer operator training programs.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13630. The state board is the state agency which is authorized to represent the state and its local governmental agencies in administering any federal or state funds available for wastewater treatment plant operator training. The state board may provide technical and financial assistance to organizations providing operator training programs. (Amended by Stats. 2002, Ch. 422, Sec. 5. Effective January 1, 2003.)
  145. 13631.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

    Verify source ↗

    Before the state board adopts or amends regulations or approves operator training courses, it must appoint an advisory committee.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13631. Prior to adopting or amending any regulations or approving any courses for operator training, the state board shall appoint an advisory committee to assist it in carrying out its responsibilities under this chapter. (Repealed and added by Stats. 1985, Ch. 420, Sec. 3. Effective July 30, 1985.)
  146. 13632.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

    Verify source ↗

    The advisory committee must be made up of the specified mix of members from wastewater, municipal, sanitation, recycling, engineering, labor, and military backgrounds.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13632. The advisory committee appointed pursuant to Section 13631 shall consist of the following: (a) Two persons from a statewide organization representing wastewater treatment plant operators who shall be employed at a wastewater treatment plant as operators. (b) Two persons from statewide organizations representing municipalities, including counties or private utility wastewater treatment plants. (c) Two persons from statewide organizations representing local sanitation agencies, other than agencies specified in subdivision (b). (d) One person who is employed as an operator at a water recycling treatment plant. (e) One person from an educational institution’s school or division of engineering. (f) One person who is a member of an organized labor union that represents wastewater treatment plant operators. (g) One person who is a professional engineer specializing in sanitary engineering. (h) One person who is an active or former member of the United States military who is working, supervising, or managing or who has previously worked, supervised, or managed in wastewater treatment or distribution within their military service. (Amended by Stats. 2019, Ch. 760, Sec. 4. (AB 1588) Effective January 1, 2020.)
  147. 13633.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. )

    Verify source ↗

    The advisory committee must review all proposed regulations and make recommendations to the state board before any regulations or amendments are adopted.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 9. Waste Water Treatment Plant Classification and Operator Certification [13625 - 13633] ( Heading of Chapter 9 amended by Stats. 1985, Ch. 653, Sec. 2. ) ## 13633. The advisory committee shall review all proposed regulations and make recommendations to the state board prior to adoption of any regulations or amendments thereto. (Repealed and added by Stats. 1985, Ch. 420, Sec. 3. Effective July 30, 1985.)
  148. 137.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

    Verify source ↗

    The Department of Water Resources must keep records of expenditures charged to each part of the revolving fund.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 137. The Department of Water Resources shall keep a record of all expenditures chargeable against each specific portion of the revolving fund, and any unused balance in any portion of the fund shall on approval by the Department of Finance be withdrawn from the revolving fund and transferred to the credit of the appropriation from which it was transferred or, as to funds from other than state appropriations, be paid out or refunded as provided in the agreement relating to the contributions. (Added by Stats. 1957, Ch. 1932.)
  149. 13700.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Declaration of Policy [13700 - 13701] ( Article 1 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    The Legislature states that underground water is a major source of water in the state and that protecting the location, construction, maintenance, abandonment, and destruction of certain wells matters to water quality and public welfare.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Declaration of Policy [13700 - 13701] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13700. The Legislature finds that the greater portion of the water used in this state is obtained from underground sources and that those waters are subject to impairment in quality and purity, causing detriment to the health, safety and welfare of the people of the state. The Legislature therefore declares that the people of the state have a primary interest in the location, construction, maintenance, abandonment, and destruction of water wells, cathodic protection wells, groundwater monitoring wells, and geothermal heat exchange wells, which activities directly affect the quality and purity of underground waters. (Amended by Stats. 1996, Ch. 581, Sec. 1. Effective January 1, 1997.)
  150. 13701.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Declaration of Policy [13700 - 13701] ( Article 1 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    The Legislature declares that poorly constructed or abandoned wells can contaminate usable groundwater and create public health and economic problems.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Declaration of Policy [13700 - 13701] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13701. The Legislature finds and declares all of the following: (a) Improperly constructed and abandoned water wells, cathodic protection wells, groundwater monitoring wells, and geothermal heat exchange wells can allow contaminated water on the surface to flow down the well casing, thereby contaminating the usable groundwater. (b) Improperly constructed and abandoned water wells, cathodic protection wells, groundwater monitoring wells, and geothermal heat exchange wells can allow unusable or low quality groundwater from one groundwater level to flow along the well casing to usable groundwater levels, thereby contaminating the usable groundwater. (c) Contamination of groundwater poses serious public health and economic problems for many areas of the state. (Amended by Stats. 1996, Ch. 581, Sec. 2. Effective January 1, 1997.)
  151. 13710.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Definitions [13710 - 13713] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    This section defines “well” or “water well” for this chapter as an artificial excavation made to extract water from, or inject water into, the underground.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Definitions [13710 - 13713] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13710. “Well” or “water well” as used in this chapter, means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground. This definition shall not include: (a) oil and gas wells, or geothermal wells constructed under the jurisdiction of the Department of Conservation, except those wells converted to use as water wells; or (b) wells used for the purpose of (1) dewatering excavation during construction, or (2) stabilizing hillsides or earth embankments. (Repealed and added by Stats. 1969, Ch. 482.)
  152. 13711.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Definitions [13710 - 13713] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    This section defines “cathodic protection well” for this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Definitions [13710 - 13713] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13711. “Cathodic protection well,” as used in this chapter, means any artificial excavation in excess of 50 feet constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground, commonly referred to as cathodic protection. (Repealed and added by Stats. 1969, Ch. 482.)
  153. 13712.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Definitions [13710 - 13713] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    This section defines “monitoring well” for this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Definitions [13710 - 13713] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13712. “Monitoring well” as used in this chapter, means any artificial excavation by any method for the purpose of monitoring fluctuations in groundwater levels, quality of underground waters, or the concentration of contaminants in underground waters. (Added by Stats. 1986, Ch. 1373, Sec. 1.)
  154. 13712.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Definitions [13710 - 13713] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    Certain wells built to monitor groundwater affecting crop root zones are exempt from this chapter’s reporting requirements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Definitions [13710 - 13713] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13712.5. Notwithstanding Section 13712, all wells constructed for the purpose of monitoring the presence of groundwater which has adversely affected, or threatens to adversely affect, crop root zones are exempt from the reporting requirements of this chapter. (Added by Stats. 1988, Ch. 622, Sec. 1.)
  155. 13713.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Definitions [13710 - 13713] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    This section defines “geothermal heat exchange well” for this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Definitions [13710 - 13713] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13713. “Geothermal heat exchange well,” as used in this chapter, means any uncased artificial excavation, by any method, that uses the heat exchange capacity of the earth for heating and cooling, in which excavation the ambient ground temperature is 30 degrees Celsius (86 degrees Fahrenheit) or less, and which excavation uses a closed loop fluid system to prevent the discharge or escape of its fluid into surrounding aquifers or other geologic formations. Geothermal heat exchange wells include ground source heat pump wells. (Added by Stats. 1996, Ch. 581, Sec. 3. Effective January 1, 1997.)
  156. 1375.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Prerequisites to Issuance of Permit [1375- 1375.] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A permit to appropriate water may issue only if there is an applicant, the application includes required information in the board’s form, the intended use is beneficial, unappropriated water is available, and all fees due are paid.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Prerequisites to Issuance of Permit [1375- 1375.] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1375. As prerequisite to the issuance of a permit to appropriate water the following facts must exist: (a) There must be an applicant. (b) The application must contain the matter and information prescribed by this division and be in the form required by the board. (c) The intended use must be beneficial. (d) There must be unappropriated water available to supply the applicant. (e) All fees due must be paid. (Amended by Stats. 1957, Ch. 1932.)
  157. 13750.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Reports [13750.5 - 13755] ( Article 3 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    A person may not dig, bore, drill, deepen, reperforate, abandon, or destroy certain wells unless the responsible person has a C-57 Water Well Contractor’s License.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Reports [13750.5 - 13755] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13750.5. No person shall undertake to dig, bore, or drill a water well, cathodic protection well, groundwater monitoring well, or geothermal heat exchange well, to deepen or reperforate such a well, or to abandon or destroy such a well, unless the person responsible for that construction, alteration, destruction, or abandonment possesses a C-57 Water Well Contractor’s License. (Amended by Stats. 1996, Ch. 581, Sec. 5. Effective January 1, 1997.)
  158. 13751.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Reports [13750.5 - 13755] ( Article 3 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    People who dig, bore, drill, abandon, destroy, deepen, or reperforate certain wells must file a completion report with the department within 60 days after the work is completed.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Reports [13750.5 - 13755] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13751. (a) Every person who digs, bores, or drills a water well, cathodic protection well, groundwater monitoring well, or geothermal heat exchange well, abandons or destroys such a well, or deepens or reperforates such a well, shall file with the department a report of completion of that well within 60 days from the date its construction, alteration, abandonment, or destruction is completed. (b) The report shall be made on forms furnished by the department and shall contain information as follows: (1) In the case of a water well, cathodic protection well, or groundwater monitoring well, the report shall contain information as required by the department, including, but not limited to all of the following information: (A) A description of the well site sufficiently exact to permit location and identification of the well. (B) A detailed log of the well. (C) A description of type of construction. (D) The details of perforation. (E) The methods used for sealing off surface or contaminated waters. (F) The methods used for preventing contaminated waters of one aquifer from mixing with the waters of another aquifer. (G) The signature of the well driller. (2) In the case of a geothermal heat exchange well, the report shall contain all of the following information: (A) A description of the site that is sufficiently exact to permit the location and identification of the site and the number of geothermal heat exchange wells drilled on the same lot. (B) A description of borehole diameter and depth and the type of geothermal heat exchange system installed. (C) The methods and materials used to seal off surface or contaminated waters. (D) The methods used for preventing contaminated water in one aquifer from mixing with the water in another aquifer. (E) The signature of the well driller. (Amended by Stats. 1996, Ch. 581, Sec. 6. Effective January 1, 1997.)
  159. 13752.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Reports [13750.5 - 13755] ( Article 3 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    Reports covered by this section must be made available to government agencies and, on request, to the public. The department may charge a fee for providing a report, but only up to its reasonable costs. Disclosures must comply with the Information Practices Act of 1977.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Reports [13750.5 - 13755] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13752. (a) Reports made in accordance with paragraph (1) of subdivision (b) of Section 13751 shall be made available as follows: (1) To governmental agencies. (2) To the public, upon request, in accordance with subdivision (b). (b) (1) The department may charge a fee for the provision of a report pursuant to paragraph (2) of subdivision (a) that does not exceed the reasonable costs to the department of providing the report, including costs of promulgating any regulations to implement this section. (2) Notwithstanding subdivision (g) of Section 1798.24 of the Civil Code, the disclosure of a report in accordance with paragraph (2) of subdivision (a) in the possession of the department or another governmental agency shall comply with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). (Amended by Stats. 2015, Ch. 24, Sec. 42. (SB 83) Effective June 24, 2015.)
  160. 13753.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Reports [13750.5 - 13755] ( Article 3 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    A person who converts certain oil or gas wells into water, cathodic protection, or monitoring wells must follow all provisions of this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Reports [13750.5 - 13755] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13753. Every person who hereafter converts, for use as a water well, cathodic protection well, or monitoring well, any oil or gas well originally constructed under the jurisdiction of the Department of Conservation pursuant to Article 4 (commencing with Section 3200) of Chapter 1 of Division 3 of the Public Resources Code, shall comply with all provisions of this chapter. (Amended by Stats. 1986, Ch. 1373, Sec. 5.)
  161. 13754.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Reports [13750.5 - 13755] ( Article 3 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    Failing to comply with this article, or willfully and deliberately falsifying a required report, is a misdemeanor.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Reports [13750.5 - 13755] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13754. Failure to comply with any provision of this article, or willful and deliberate falsification of any report required by this article, is a misdemeanor. Before commencing prosecution against any person, other than for willful and deliberate falsification of any report required by this article, the person shall be given reasonable opportunity to comply with the provisions of this article. (Repealed and added by Stats. 1969, Ch. 482.)
  162. 13755.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Reports [13750.5 - 13755] ( Article 3 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    Every person must comply with this chapter, related regulations, and any applicable city or county standards.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Reports [13750.5 - 13755] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13755. This chapter does not affect the powers and duties of the State Department of Public Health with respect to water and water systems pursuant to Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code. Every person shall comply with this chapter and any regulation adopted pursuant thereto, in addition to standards adopted by any city or county. (Amended by Stats. 2010, Ch. 288, Sec. 52. (SB 1169) Effective January 1, 2011.)
  163. 138.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

    Verify source ↗

    The director may authorize refunds of certain money received by the department when the payment was for fees, licenses, permits, tolls, rentals, property, or services, and the item could not lawfully be provided, or the payment was made too much or twice.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 138. The director may authorize the refund of moneys received or collected by the department in payment of fees, licenses, permits, tolls, or for rentals, property or services, wherein the license, permit, rental, property or service cannot lawfully be issued, furnished, or transferred to the person making the payment, or in cases where the payment in whole or in part represents overpayment or payment in duplicate. (Added by Stats. 1957, Ch. 1932.)
  164. 138.10.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

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    The director must prepare a plan by January 1, 2006, and submit copies to the board and the California Bay-Delta Authority before increasing the permitted diversion rate at Harvey O. Banks Pumping Plant.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 138.10. (a) On or before January 1, 2006, the director, in collaboration with the Secretary of Interior or his or her designee, shall prepare a plan to meet the existing permit and license conditions for which the department has an obligation, as described in the State Water Resources Control Board Decision No. 1641. (b) The plan shall be designed to achieve compliance with the permit and license conditions described in subdivision (a). The director shall prepare the plan, and submit copies of the plan to the board and the California Bay-Delta Authority, prior to increasing the existing permitted diversion rate at the State Water Project’s Harvey O. Banks Pumping Plant. (c) Nothing in this section limits or restricts the department in its operation of the State Water Project due to failure of other water rights permittees or licensees to meet water quality conditions of their respective permits or licenses. (Added by Stats. 2004, Ch. 612, Sec. 1. Effective January 1, 2005.)
  165. 138.12.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

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    Administrative expenses funded by certain bond proceeds are capped at 5 percent, with an exception if a general obligation bond act provides otherwise.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 138.12. (a) Except as otherwise provided in a general obligation bond act, the maximum amount that may be allocated for administrative expenses shall not exceed 5 percent of the total amount of funds that the department is required to administer and that are derived from a general obligation bond act that is approved on or after January 1, 2007. (b) The maximum amount that may be allocated for administrative expenses shall not exceed 5 percent of the total amount of funds that result from the sale of revenue bonds by the department. (Added by Stats. 2006, Ch. 831, Sec. 1. Effective January 1, 2007.)
  166. 1380.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Issuance of Permit [1380 - 1382] ( Article 2 enacted by Stats. 1943, Ch. 368. )

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    If an application is approved, the board must issue a permit.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Issuance of Permit [1380 - 1382] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1380. Upon the approval of an application the board shall issue a permit. (Amended by Stats. 1957, Ch. 1932.)
  167. 13800.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. )

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    If the department finds water well, cathodic protection well, or monitoring well standards are needed to protect water quality, it must report that finding and the recommended standards to the regional water quality control board and the State Department of Public Health.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13800. The department, after the studies and investigations pursuant to Section 231 as it finds necessary, on determining that water well, cathodic protection well, and monitoring well construction, maintenance, abandonment, and destruction standards are needed in an area to protect the quality of water used or that may be used for any beneficial use, shall so report to the appropriate regional water quality control board and to the State Department of Public Health. The report shall contain the recommended standards for water well, cathodic protection well, and monitoring well construction, maintenance, abandonment, and destruction as, in the department’s opinion, are necessary to protect the quality of any affected water. (Amended by Stats. 2010, Ch. 288, Sec. 53. (SB 1169) Effective January 1, 2011.)
  168. 13800.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. )

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    This section requires the department and local governments to create and adopt geothermal heat exchange well standards and ordinances, with interim temporary regulations allowed before the department’s standards are developed.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13800.5. (a) (1) The department shall develop recommended standards for the construction, maintenance, abandonment, or destruction of geothermal heat exchange wells. (2) Until the department develops recommended standards pursuant to paragraph (1), a local enforcement agency with authority over geothermal heat exchange wells may adopt temporary regulations applicable to geothermal heat exchange wells that the local enforcement agency determines to be consistent with the intent of existing department standards to prevent wells from becoming conduits of contamination. (3) The department, not later than July 1, 1997, shall submit to the state board a report containing the recommended geothermal heat exchange well standards. (b) The state board, not later than January 1, 1998, shall adopt a model geothermal heat exchange well ordinance that implements the recommended standards developed by the department pursuant to subdivision (a). The state board shall circulate the model ordinance to all cities and counties. (c) Notwithstanding any other provision of law, each county, city, or water agency, where appropriate, not later than April 1, 1998, shall adopt a geothermal heat exchange well ordinance that meets or exceeds the recommended standards developed by the department pursuant to subdivision (a). If a water agency that has permit authority over well drilling adopts a geothermal heat exchange well ordinance that meets or exceeds the recommended standards developed by the department pursuant to subdivision (a), a county or city shall not be required to adopt an ordinance for the same area. (d) If a county, city, or water agency, where appropriate, fails to adopt an ordinance that establishes geothermal heat exchange well standards, the model ordinance adopted by the state board pursuant to subdivision (b) shall take effect on May 1, 1998, and shall be enforced by the county or city and have the same force and effect as if adopted as a county or city ordinance. (Added by Stats. 1996, Ch. 581, Sec. 8. Effective January 1, 1997.)
  169. 13801.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    This section requires the state board and local agencies to create and adopt well ordinances and requires certain public hearings and reports.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13801. (a) The regional board, upon receipt of a report from the department pursuant to Section 13800, shall hold a public hearing on the need to establish well standards for the area involved. The regional board may hold a public hearing with respect to any area regardless of whether a report has been received from the department if it has information that standards may be needed. (b) Notwithstanding subdivision (a), the state board shall, not later than September 1, 1989, adopt a model water well, cathodic protection well, and monitoring well drilling and abandonment ordinance implementing the standards for water well construction, maintenance, and abandonment contained in Bulletin 74-81 of the department. If the model ordinance is not adopted by this date, the state board shall report to the Legislature as to the reasons for the delay. The state board shall circulate the model ordinances to all cities and counties. (c) Notwithstanding any other law, each county, city, or water agency, where appropriate, shall, not later than January 15, 1990, adopt a water well, cathodic protection well, and monitoring well drilling and abandonment ordinance that meets or exceeds the standards contained in Bulletin 74-81. Where a water agency that has permit authority over well drilling within the agency adopts a water well, cathodic protection well, and monitoring well drilling and abandonment ordinance that meets or exceeds the standards contained in Bulletin 74-81, a county or city shall not be required to adopt an ordinance for the same area. (d) If a county, city, or water agency, where appropriate, fails to adopt an ordinance establishing water well, cathodic protection well, and monitoring well drilling and abandonment standards, the model ordinance adopted by the state board pursuant to subdivision (b) shall take effect on February 15, 1990, and shall be enforced by the county or city and have the same force and effect as if adopted as a county or city ordinance. (e) The minimum standards recommended by the department and adopted by the state board or local agencies for the construction, maintenance, abandonment, or destruction of monitoring wells or class 1 hazardous injection wells shall not be construed to limit, abridge, or supersede the powers or duties of the State Department of Public Health in their application of standards to the construction, maintenance, abandonment, or destruction of monitoring wells or class 1 hazardous injection wells at facilities that treat, store, or dispose of hazardous waste or at any site where the State Department of Public Health is the lead agency responsible for investigation and remedial action at that site, as long as the standards used by the State Department of Public Health meet or exceed those in effect by any city, county, or water agency where appropriate, responsible for developing ordinances for the area in question. (Amended by Stats. 2010, Ch. 288, Sec. 54. (SB 1169) Effective January 1, 2011.)
  170. 13802.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. )

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    If the regional board finds certain well standards are needed to protect water quality, it must identify the affected area and report to each affected county and city, including any standards recommended by the department.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13802. If the regional board finds that standards of water well, cathodic protection well, and monitoring well construction, maintenance, abandonment, and destruction are needed in any area to protect the quality of water used, or which may be used, for any beneficial use, it shall determine the area to be involved and so report to each affected county and city in the area. The report shall also contain any well standards which have been recommended by the department. (Amended by Stats. 1986, Ch. 1373, Sec. 7.)
  171. 13803.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    Affected counties and cities must adopt a water-well ordinance within 120 days after receiving the report.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13803. Each such affected county and city shall, within 120 days of receipt of the report, adopt an ordinance establishing standards of water well, cathodic protection well, and monitoring well construction, maintenance, abandonment, and destruction for the area designated by the regional board. Prior to adoption of the ordinance each affected county and city shall consult with all interested parties, including licensed well drillers. A copy of the ordinance shall be sent to the regional board on its adoption and the regional board shall transmit the ordinance to the department for its review and comments. (Amended by Stats. 1986, Ch. 1373, Sec. 8.)
  172. 13804.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. )

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    County or city well standards take effect 60 days after adoption unless the regional board holds a public hearing and finds they are not strict enough to protect affected waters.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13804. Such county and city well standards shall take effect 60 days from the date of their adoption by the county or city unless the regional board, on its own motion, or on the request of any affected person, holds a public hearing on the matter and determines that the county or city well standards are not sufficiently restrictive to protect the quality of the affected waters. If the board makes such a determination it shall so report to the affected county or city and also recommend the well standards, or the modification of the county or city well standards, which it determines are necessary. (Repealed and added by Stats. 1969, Ch. 482.)
  173. 13805.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    If a county or city misses the required deadlines, the regional board must adopt water well standards for the area.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13805. If a county or city fails to adopt an ordinance establishing water well, cathodic protection well, and monitoring well construction, maintenance, abandonment, and destruction standards within 120 days of receipt of the regional board’s report of its determination and those standards are necessary pursuant to Section 13802, or fails to adopt or modify those well standards in the manner determined as necessary by the regional board pursuant to Section 13804 within 90 days of receipt of the regional board’s report, the regional board shall adopt standards for water well, cathodic protection well, and monitoring well construction, maintenance, abandonment, and destruction for the area. The regional board well standards shall take effect 30 days from the date of their adoption by the regional board and shall be enforced by the city or county and have the same force and effect as if adopted as a county or city ordinance. (Amended by Stats. 1986, Ch. 1373, Sec. 9.)
  174. 13806.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. )

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    The state board may review certain regional board actions on its own motion, and must review them when an affected county or city requests it.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10. Water Wells and Cathodic Protection Wells [13700 - 13806] ( Chapter 10 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Quality Control [13800 - 13806] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13806. Any action, report, or determination taken or adopted by a regional board or any failure of a regional board to act pursuant to this article, or any county or city ordinance in the event of the failure of a regional board to review such ordinance pursuant to Section 13804, may be reviewed by the state board on its own motion, and shall be reviewed by the state board on the request of any affected county or city, in the same manner as other action or inaction of the regional board is reviewed pursuant to Section 13320. The state board has the same powers as to the review of action or inaction of a regional board or of a county or city ordinance under this article as it has as to other action or inaction of a regional board under Section 13320, including being vested with all the powers granted a regional board under this article, with like force and effect if it finds that appropriate action has not been taken by a regional board. Any action of a regional board under this article or any county or city ordinance affected by the review of the state board shall have no force or effect during the period of the review by the state board. (Amended by Stats. 1969, Ch. 800.)
  175. 1381.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Issuance of Permit [1380 - 1382] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A permit gives the holder the right to take and use water, but only within the permit’s limits and purposes.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Issuance of Permit [1380 - 1382] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1381. The issuance of a permit gives the right to take and use water only to the extent and for the purpose allowed in the permit. (Enacted by Stats. 1943, Ch. 368.)
  176. 13810.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

    Verify source ↗

    This section names the chapter the California Safe Drinking Water Bond Law of 1984 and says it may be cited by that name.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13810. This chapter shall be known and may be cited as the California Safe Drinking Water Bond Law of 1984. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  177. 13811.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

    Verify source ↗

    The Legislature declares that water for domestic use should be pure, wholesome, potable, and supplied in adequate quantity and pressure.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13811. The Legislature hereby finds and declares that it is necessary for the preservation of the health, safety, and welfare of the people of California that water supplied for domestic purposes be pure, wholesome, and potable and does not endanger the health or lives of human beings and that water is available in adequate quantity at sufficient pressure for health, cleanliness, and other domestic purposes. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  178. 13812.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

    Verify source ↗

    The Legislature declares that some domestic water supply systems are inadequate, and that California should provide technical and financial assistance to help ensure safe, dependable, potable water for domestic use.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13812. The Legislature further finds and declares that a number of domestic water supply systems are inadequate and do not meet minimum bacteriological, chemical, or other basic health standards for domestic water supplies, and that it is in the interest of the people that the State of California provide technical and financial assistance to the end that the people of California are assured a safe, dependable, and potable supply of water for domestic purposes and that water is available in adequate quantity at sufficient pressure for health, cleanliness, and other domestic purposes. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  179. 13813.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

    Verify source ↗

    The Legislature states its intent to upgrade domestic water supply systems so domestic water supplies meet at least the minimum standards set under the cited Health and Safety Code chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13813. The Legislature further finds and declares that it is the intent of the Legislature to provide for the upgrading of domestic water supply systems to assure that all domestic water supplies at least meet minimum domestic water supply standards established under Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 433. Effective September 29, 1996. Note: This section was added by Stats. 1984, Ch. 378, and approved in Prop. 28 on Nov. 6, 1984.)
  180. 13814.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

    Verify source ↗

    This section adopts the State General Obligation Bond Law for the bonds issued under this chapter, but lets the Treasurer set the interest rate or maximum rate with committee approval, and limits bond maturity to 50 years.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13814. The State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) is adopted for the purpose of the issuance, sale, and repayment of, and otherwise providing with respect to, the bonds authorized to be issued pursuant to this chapter, and the provisions of that law are included in this chapter as though set out in full in this chapter, except that notwithstanding anything in the State General Obligation Bond Law, the bonds authorized hereunder shall bear the rates of interest, or maximum rates, as may, from time to time, be fixed by the Treasurer, with the approval of the committee, and the maximum maturity of bonds shall not exceed 50 years from the date of the bonds, or from the date of each respective series. The maturity of each respective series shall be calculated from the date of the series. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  181. 13815.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13815. As used in this chapter, and for purposes of this chapter as used in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), the following terms shall have the following meanings: (a) “Committee” means the Safe Drinking Water Finance Committee created by Section 13816. (b) “Department” means the Department of Water Resources. (c) “Domestic water system” means a system for the provision to the public of piped water for human consumption, if the system has at least 15 service connections or regularly supplies water to at least 25 individuals. The term includes any water supply, treatment, storage, and distribution facilities under the control of the operator of the system. (d) “Fund” means the California Safe Drinking Water Fund. (e) “Supplier” or “supplier of water” means any person, partnership, corporation, association, or other entity or political subdivision of the state which owns or operates a domestic water system. (f) “Federal assistance” means funds available, or which may become available, to a supplier either directly or through allocation by the state from the federal government as grants or loans for the improvement of domestic water systems. (g) “Treatment works” means any devices or systems used in the treatment of water supplies, including necessary lands, which render water supplies pure, wholesome, and potable for domestic purpose. (h) “Project” means proposed facilities for the construction, improvement, or rehabilitation of the domestic water system, and may include water supply, treatment works, and all or part of a water distribution system, if necessary to carry out the purpose of this chapter. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  182. 13816.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    This section creates the Safe Drinking Water Finance Committee and says a majority of the committee may act for it.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13816. The Safe Drinking Water Finance Committee is hereby created. The committee shall consist of the Governor, the Treasurer, the Director of Finance, the Director of Water Resources, and the State Director of Health Services or their designated representatives. A majority of the committee may act for the committee. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  183. 13817.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    This section creates the California Safe Drinking Water Fund in the State Treasury.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13817. There is in the State Treasury the California Safe Drinking Water Fund, which fund is hereby created. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  184. 13818.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    The committee may create state debt or liabilities up to $75,000,000.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13818. The committee may create a debt or debts, liability or liabilities, of the State of California, in an aggregate amount of seventy-five million dollars ($75,000,000) in the manner provided in this chapter. The debt or debts, liability or liabilities, shall be created for the purpose of providing the money to be used for the objects and works specified in Section 13819. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  185. 13819.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    This section lets the department make loans to certain water-system suppliers, requires specified contract terms, limits total grants to $25 million, and requires a Legislative Analyst report by June 1, 1987.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13819. (a) The moneys in the fund are hereby continuously appropriated and shall be used for the purposes set forth in this section. (b) The department may enter into contracts with suppliers having authority to construct, operate, and maintain domestic water systems, for loans to suppliers to aid in the construction of projects that will enable the supplier to meet, at a minimum, safe drinking water standards established pursuant to Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code. (c) Any contract entered into pursuant to this section may include provisions as agreed by the parties thereto, and the contract shall include, in substance, all of the following provisions: (1) An estimate of the reasonable cost of the project. (2) An agreement by the department to loan to the supplier, during the progress of construction or following completion of construction as agreed by the parties, an amount that equals the portion of construction costs found by the department to be eligible for a state loan. (3) An agreement by the supplier to repay the state over a period not to exceed 50 years, (A) the amount of the loan, (B) the administrative fee as described in Section 13830, and (C) interest on the principal, that is the amount of the loan plus the administrative fee. (4) An agreement by the supplier, (A) to proceed expeditiously with, and complete, the project, (B) to commence operation of the project upon completion thereof, and to properly operate and maintain the project in accordance with the applicable provisions of law, (C) to apply for, and make reasonable efforts, to secure federal assistance for the project, (D) to secure approval of the department and of the State Department of Health Services before applying for federal assistance in order to maximize and best utilize the amounts of that assistance available, and (E) to provide for payment of the supplier’s share of the cost of the project, if any. (d) Bond proceeds may be used for a grant program in accordance with this chapter, with grants provided to suppliers that are political subdivisions of the state that are otherwise unable to meet minimum safe drinking water standards established pursuant to Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code. The total amount of grants made pursuant to this chapter shall not exceed twenty-five million dollars ($25,000,000). The Legislative Analyst shall review the grant program and report to the Legislature not later than June 1, 1987. (e) Notwithstanding any other provision, the proceeds of any bonds authorized to be issued under the California Safe Drinking Water Bond Law of 1976 (Chapter 10.5 (commencing with Section 13850)), that are unissued and uncommitted on the effective date of this chapter, shall be used for loans to suppliers in accordance with the terms, conditions, and purposes of this chapter. (Amended by Stats. 1996, Ch. 1023, Sec. 434. Effective September 29, 1996. Note: This section was added by Stats. 1984, Ch. 378, and approved in Prop. 28 on Nov. 6, 1984.)
  186. 1382.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Issuance of Permit [1380 - 1382] ( Article 2 enacted by Stats. 1943, Ch. 368. )

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    All permits are subject to the terms and conditions of this division.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Issuance of Permit [1380 - 1382] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1382. All permits shall be under the terms and conditions of this division. (Enacted by Stats. 1943, Ch. 368.)
  187. 13820.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    The department may issue state grants for eligible drinking-water projects, but only with specific legislative approval.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13820. (a) The department may make state grants to suppliers that are political subdivisions of the state, from moneys in the fund available for that purpose pursuant to subdivision (d) of Section 13819, to aid in the construction of projects that will enable the public agency to meet, at a minimum, safe drinking water standards established pursuant to Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code. A grant may be made by the department only upon the specific approval of the Legislature, by an act enacted after the receipt of a report filed pursuant to Section 13822. (b) Any contract for a grant entered into pursuant to this chapter may include provisions as agreed by the parties thereto, and the contract shall include, in substance, all of the following provisions: (1) An estimate of the reasonable cost of the project. (2) An agreement by the department to grant to the public agency, during the progress of construction or following completion of construction as agreed by the parties, an amount that equals the portion of construction costs found by the department to be eligible for a state grant. (3) An agreement by the public agency, (A) to proceed expeditiously with, and complete, the project, (B) to commence operation of the project upon completion thereof, and to properly operate and maintain the project in accordance with the applicable provisions of law, (C) to apply for, and make reasonable efforts to secure, federal assistance for the project, (D) to secure approval of the department and of the State Department of Health Services before applying for federal assistance in order to maximize and best utilize the amounts of that assistance available, and (E) to provide for payment of the public agency’s share of the cost of the project, if any. (Amended by Stats. 1996, Ch. 1023, Sec. 435. Effective September 29, 1996. Note: This section was added by Stats. 1984, Ch. 378, and approved in Prop. 28 on Nov. 6, 1984.)
  188. 13821.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    Grant applications under this chapter must be submitted to the department in the form and with the supporting material the department prescribes.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13821. Applications for grants under this chapter shall be made to the department in the form and with the supporting material as prescribed by the department. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  189. 13822.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    The department must prepare a report for each grant application and file it with the Legislature or, when it is not in session, with the Assembly and Senate Rules Committees. The department may make the grant only after specific legislative approval by an act enacted after the report is received.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13822. The department shall prepare a report on each grant application pursuant to this chapter. The report shall be filed with the Legislature, if it is in session or, if it is not in session, with the Rules Committee of the Assembly and Senate. The department shall be authorized to make the grant only upon the specific approval of the grant by the Legislature, by an act enacted after the receipt of the report from the department. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  190. 13823.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    The department may make grants and loans for domestic water system projects, but it must propose water-saving improvements when applications are received and observe the stated dollar limits.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13823. (a) Loans and grants may be made only for projects for domestic water systems. The department may make reasonable allowance for future water supply needs and may provide for additional capacity when excessive costs would be incurred by later enlargement. The loans and grants may be made for all, or any part, of the cost of constructing, improving, or rehabilitating any system when, in the judgment of the State Department of Health Services, improvement or rehabilitation is necessary to provide pure, wholesome, and potable water in adequate quantity at sufficient pressure for health, cleanliness, and other domestic purposes. No single public agency shall receive grants pursuant to this chapter totaling more than four hundred thousand dollars ($400,000). Loans may be made to provide for the purchase of a water system or the purchase of watershed lands. No loan to an individual supplier shall exceed the sum of five million dollars ($5,000,000), unless the Legislature by an act raises the limit specified in this section. (b) Upon receipt of an application for a grant or loan pursuant to this chapter, the department shall propose to the applicant improvements to the applicant’s water development, distribution, and utilization system which will conserve water in a cost-effective manner. These improvements may include, but need not be limited to, leak detection and repair programs, valve repair and replacement, meter calibration and replacement, physical improvements to achieve corrosion control, distribution and installation of water conservation devices and fixtures, and other capital improvements which can be demonstrated to conserve water in a cost-effective manner. The department and applicant may agree to include these capital improvements in the grant or loan. Failure by the applicant to include water conservation capital improvements in the grant or loan application shall not be sufficient cause for the department to refuse to make the grant or loan. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  191. 13824.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    The department may not approve a grant application unless the public agency cannot meet minimum safe drinking water standards, and it may not make a grant unless project plans are approved and the required permit or amended permit is issued.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13824. An application for a grant pursuant to this chapter shall not be approved by the department, unless the department determines that the public agency is otherwise unable to meet minimum safe drinking water standards established pursuant to Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code. No grant shall be made by the department except upon approval by the State Department of Health Services of project plans submitted by the applicant and upon issuance to the public agency of a permit or amended permit as specified in Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 436. Effective September 29, 1996. Note: This section was added by Stats. 1984, Ch. 378, and approved in Prop. 28 on Nov. 6, 1984.)
  192. 13825.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    Grant priority must be given first to public agencies with immediate health-related problems, as certified by the State Department of Health Services.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13825. First priority for grants shall be granted to public agencies having immediate health related problems, as certified by the State Department of Health Services. Additional high priority shall be granted to projects to correct immediate problems, as opposed to grants for construction of projects to meet future growth needs. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  193. 13826.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    Loans must be prioritized for suppliers with the most critical public health problems, and also for suppliers that have less ability to finance system improvements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13826. First priority for loans shall be given to suppliers with the most critical public health problems. Priority for loans shall also be given to suppliers which have a lesser capability to reasonably finance system improvements. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  194. 13827.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    The supplier is responsible for operation and maintenance costs. Planning and preliminary engineering costs may be reimbursed after a loan or grant is received, if the department and the State Department of Health Services approve.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13827. Preliminary design work, including a cost estimate for the project, shall be completed before a loan or grant is awarded. Operation and maintenance costs shall be the responsibility of the supplier and may not be considered as part of the project cost. Costs for planning and preliminary engineering studies may be reimbursed following the receipt of a loan or grant subject to approval by the department and the State Department of Health Services. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  195. 13828.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    A public agency cannot apply for a grant under this chapter unless it has also applied for a loan. Grants are limited to the part of the costs the department finds the applicant cannot repay.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13828. No application for a grant may be made pursuant to this chapter unless the public agency has also applied for a loan pursuant to this chapter. A public agency shall be eligible for a grant only to the extent that the department finds that the agency is found unable to repay the full costs of a loan. If the department has determined that the applicant is unable to repay the full costs of a loan, the applicant may also file for a grant. Upon receipt of a grant application, the department shall determine that portion of the full costs that the applicant is capable of repaying. Grant funds shall only be provided for that portion that the applicant is not capable of repaying. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  196. 13829.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    A public agency must spend grant funds within three years, and it cannot spend them sooner unless it can show the department within one year that the project cost will stay within 20% of its cost estimate and is supported by an acceptable bid.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13829. Grant funds shall be expended by the public agency within three years of the making of the grant. No grant funds may be expended by the public agency unless the public agency is able to demonstrate to the department, within one year of the making of the grant, supported by an acceptable bid, that the amount to be expended for the project will be within 20 percent of the public agency’s cost estimate for the project. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  197. 13830.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    Administrative spending for this chapter is capped at 4% of bond proceeds, and Attorney General charges are paid from bond sales but not from that 4% administrative cap.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13830. For the purpose of administering of this chapter, the total expenditures of the department and the State Department of Health Services may not exceed 4 percent of the total amount of the bonds authorized to be issued under this chapter. The department shall establish a reasonable schedule of administrative fees for loans, which fees shall be paid by the supplier pursuant to Section 13819, to reimburse the state for the costs of state administration of this chapter. Charges incurred by the Attorney General in protecting the state’s interests in the use and repayment of grant and loan funds under this chapter, and under the California Safe Drinking Water Bond Law of 1976 (Chapter 10.5 (commencing with Section 13850)), shall be paid from the proceeds of bond sales under this chapter. These charges shall not be paid be from the 4 percent allocated for administrative purposes, but shall be treated as a program expense not to exceed 1.5 percent of the total amount of the bonds authorized to be sold under this chapter. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  198. 13831.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    Money in the fund, as needed, must be used to reimburse the General Obligation Bond Expense Revolving Fund.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13831. As much of the moneys in the fund as may be necessary shall be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  199. 13832.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    The principal may be deferred during a justified development period of up to 10 years, but interest on the principal cannot be deferred. If principal is deferred, the supplier may choose to repay it in annual installments over the rest of the loan term.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13832. Repayment of all or part of the principal, which is the loan plus the administrative fee, may be deferred during a development period not exceeding 10 years within the maximum 50-year repayment period, when, in the department’s judgment, the development period is justified under the circumstances. Interest on the principal shall not be deferred. Repayment of principal which is deferred during a development period may, at the option of the supplier, be paid in annual installments during the remainder of the loan repayment period. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)
  200. 13833.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. )

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    The department must charge interest on each loan under this chapter, using a rate tied to the Treasurer’s average net interest cost on related bond sales, rounded up to the next tenth of 1 percent when needed.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 10.2. California Safe Drinking Water Bond Law of 1984 [13810 - 13845] ( Chapter 10.2 added by Stats. 1984, Ch. 378, Sec. 1. ) ## 13833. The department shall require the payment of interest on each loan that is made pursuant to this chapter at a rate equal to the average, as determined by the Treasurer, of the net interest cost to the state on the sales of general obligation bonds pursuant to this chapter. However, when the applicable average of the net interest costs to the state is not a multiple of one-tenth of 1 percent, the interest rate shall be at the multiple of one-tenth of 1 percent next above the applicable average of the net interest costs. (Added by Stats. 1984, Ch. 378, Sec. 1. Approved in Proposition 28 at the November 6, 1984, election.)

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