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California recycled water rules to be loosened under new state Senate bill

California Senate bill to ease regulations on recycled water use introduced
California Senate bill to ease regulations on recycled water use introduced 03:24

The drought may have ended in 2017, but now, even when it's raining, California's water supply has remained a topic of debate. And while there have been calls for more water storage, some believe the problem could be solved if we stopped viewing water as a single-use product.

Much of Northern and Central California's freshwater flows toward the Delta. But with so much being siphoned off by so many different interests, it's become a huge battleground in state Sen. Jerry McNerney's district.

"We're right in the middle of water controversy," he said. "Basically, what I want to do is make sure that water is available through recycling, through storage, through a little bit of de-salt, so we don't have to fight so much over the water that's in the Delta."

On Tuesday, McNerney introduced SB 31 to ease some regulations on the use of recycled water. The treated wastewater can already be legally used to irrigate most landscaping and lawns. But if, for example, a golf course or park uses it to fill a lake and it should leak or heavy rains cause it to overflow, large fines could be levied as if it were a toxic spill. SB 31 would correct that.

"They'll be more likely to want to use it because they'll be facing less liability for spills or other incidents where water gets out," said McNerney.

It's a small correction, but it shows how closely the state's laws regarding water are being scrutinized these days, especially involving recycled water, which many see as the most readily abundant supply source. California currently uses about 700,000 acre-feet of recycled water each year. Gov. Gavin Newsom has set a goal of using twice that amount by 2040. 

By contrast, the Santa Clara Valley Water District began supporting recycling efforts in the 1950s.

"We recognized early that it is a drought-resilient supply and locally controlled and that we need it to offset potable use," said Kirsten Struve, assistant officer of the water supply division at Valley Water.

Across the Bay Area, communities are installing the distinctive purple pipes that separate recycled water from drinking water. That's also part of the law and one of the things that make recycled water delivery pretty costly, right now. Aside from landscaping, it's being used to cool massive computer servers in Silicon Valley and to flush toilets at San Jose City Hall and San Jose State University. 

Still, only about 15% of the county's recycled water is being put to use.

"And Valley Water wants to take the next step and do potable reuse," said Struve, "which were regulations that came into effect in October, I believe."

Valley Water has built a plant that can clean wastewater so thoroughly that it can be used as drinking water. Now that the state has legalized it, their goal for potable use is 24,000 acre-feet per year, enough to supply about 72,000 households.

"It will take some time and, of course, public outreach will be important," said Struve.

Now that the laws are changing, public opinion may be the biggest obstacle. It's one thing to water golf courses with water from the toilet. Offering recycled water for drinking may be an idea that's harder for people to swallow. 

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