WateReuse California Review - March 2023

On March 22 the Water Board held a workshop to discuss their recently released framework for implementing AB 1668 (Friedman) and SB 606 (Hertzberg) -- also known as “Making Conservation a California Way of Life.” WRCA testified that, in general, we were supportive of the recommendations made by DWR to the Water Board on recycled water and potable reuse (see WRCA comment letter). These DWR recommendations include:

• 1.0 ET for all landscape areas irrigated with recycled water consistent with statute and MWELO;
• A potable reuse bonus incentive as detailed in the DWR recommendation Appendix B;
• A variance of up to 1.26 ET for areas irrigated with high TDS recycled water.

The Water Board has included these recommendations in their framework with two notable exceptions. The framework states that nonfunctional turf irrigated with recycled water should be treated as potable water (.63 and .55 ET). The framework also recommends a minor change from the DWR formula for calculating the potable reuse bonus incentive. 

During the workshop, WRCA strongly opposed the recycled water carve out from 1.0 ET for nonfunctional turf (found on Page 7 of the framework) and the change in the bonus incentive calculation, as did many member agencies. WRCA also requested an additional variance to account for negative impacts from lowered wastewater flows. WRCA will soon be submitting an additional comment letter on the framework. 

WRCA testified in defense of recycled water and potable reuse funding in the Senate Budget Subcommittee hearing March 16 (see WRCA budget letter). With a growing state budget deficit, the Legislative Analyst’s Office (LAO) is recommending unspecified cuts in the Governor’s Budget, which currently contains $170 million in grant funding for recycled water and potable reuse. 

The LAO argues that federal monies and the Clean Water State Revolving Fund (CWSRF) funds are available as an alternative means of funding recycled water projects. However, California has a huge need for recycled water and potable reuse funding, as detailed in the Governor Water Supply Strategy: Adapting to Hotter and Drier Future. The Water Board has informed stakeholders that the CWSRF has much less capacity to fund projects then in years past and federal funding will not come close to meeting California’s funding needs. 

The issue will be heard next in the Assembly Budget committee April 19. WRCA urges its members to engage with their legislators and ask that the Governor’s funding for recycled water and potable reuse be retained.

As part of the state budget process, the Water Board is proposing a new recycled water fee, which would be in addition to NPDES and WDR fees, to fund 28 new positions at the state and regional boards for recycled water permitting over the next few years. This proposal is to account for new and expected permitting for recycled water in California as potable reuse and other types of recycled water projects expand. If the budget trailer bill passes, the Water Board would determine how the fee will be implemented in a stakeholder process beginning next spring (see WRCA comment letter). 

For more information contact Jennifer West, Managing Director at jwest@watereuse.org and Rosario Cortés, Manager of Regulatory Affairs, at rcortes@watereuse.org.