Amended in Assembly April 24, 2014

Amended in Assembly April 21, 2014

Amended in Assembly March 24, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2282

Introduced by Assembly Member Gatto

February 21, 2014

An act to add Sections 17921.5 and 18940.6 to the Health and Safety Code, relating to building standards.

LEGISLATIVE COUNSEL’S DIGEST

AB 2282, as amended, Gatto. Building standards: recycled water infrastructure.

The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. In the absence of a designated state agency, the commission is required to adopt specific building standards, as prescribed. Existing law requires the commission to publish, or cause to be published, editions of the begin delete code end delete begin insert California Building Standards Code end insert in its entirety once every 3 years. Existing law requires the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the begin delete California Building Standards Commission end delete begin insert commission end insert and to adopt, amend, and repeal other rules and regulations for the protection of the public health, safety, and general welfare of the occupants and the public involving buildings and building construction.

This bill would require the begin delete Department of Housing and Community Development, end delete begin insert department end insert in consultation with other designated entities, to conduct research to assist in the development of, and to propose the adoption, amendment, or repeal by the begin delete California Building Standards Commission, end delete begin insert commission, end insert of mandatory building standards for the installation of recycled water infrastructure for newly constructed single-family and multifamily residential buildings. The bill would authorize the department to expend funds from the existing Building Standards Administration Special Revolving Fund for this begin delete purpose end delete begin insert purpose, end insert upon appropriation. The bill would require the department to limit the mandate to install recycled water piping to areas within a local jurisdiction that meet specified conditions, and to consider whether a service area plans to provide potable water prior to mandating the use of recycled water piping. begin delete This end delete begin insert The bill would require the department to seek advice from specified entities when developing the application provisions for the mandatory building standards. The end insert bill would require the begin delete State Building Standards Commission end delete begin insert commission end insert to undertake identical research and activities with respect to development of mandatory green building standards for the installation of recycled water infrastructure for newly constructed commercial and public buildings.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 17921.5 is added to the Health and Safety
Code, to read:

17921.5.  

(a) (1) The department shall conduct research to
assist in the development of mandatory building standards for the
installation of recycled water infrastructure for newly constructed
single-family and multifamily residential buildings. In conducting
this research, the department shall actively consult with the State
Water Resources Control begin delete Board end delete begin insert Board, the State Department of
Public Health, end insert and other interested parties, including, but not
limited to, begin delete local water utility companies, end delete begin insert public water systems,
recycled water producers, end insert product manufacturers, local building
officials, apartment owners, certified contractors, and the building
industry.

(2) In researching, developing, and proposing mandatory
building standards under this section, the department may expend
funds from the Building Standards Administration Special
Revolving begin delete Fund end delete begin insert Fund, end insert upon appropriation pursuant to Section
18931.7.

(3) Research conducted begin delete in order end delete to propose building standards
pursuant to this section shall include, but is not limited to, the
following:

(A) Potential outdoor applications for recycled water, including
drip and sprinkler irrigation and use in certain aesthetic water
features.

(B) Potential indoor applications for recycled water, including
use in toilets, washing machines, or both. With respect to indoor
applications, the department shall consider whether to adopt or
recommend measures to ensure that indoor recycled water piping
is safely installed, including, but not limited to, requiring begin insert purple
pipe end insert special markings on recycled water piping that states clearly
whether it is approved for indoor use, or recommending restrictions
on who may purchase or install recycled water piping for indoor
use.

(C) The cost of various recycled water systems and
infrastructure.

(D) The estimated quantity of water savings under varying levels
of application of recycled water in residential buildings and
adjacent landscaping.

(b) (1) The department shall propose the adoption, amendment,
or repeal by the California Building Standards Commission
pursuant to Chapter 4 (commencing with Section 18935) of Part
2.5, of mandatory building standards for the installation of future
recycled water infrastructure for single-family residential and
multifamily residential buildings. The department shall submit
these proposed mandatory building standards to the commission
for consideration in the next regularly scheduled Intervening Code
Cycle adopted after January 1, 2017.

(2) When developing the application provisions for the
mandatory building standards, the department shall limit the
mandate to install recycled water piping to only those areas within
a local jurisdiction that have feasible and cost-efficient access to
a water recycling facility, or that have been identified by the local
begin delete jurisdictions residing end delete begin insert jurisdiction end insert within a planned service area
for the provision of recycled water for which a specific
implementation timeline has been begin delete identified. end delete begin insert identified by the
public water system in its most recent urban water management
plan. end insert

(3) The department shall consider whether a service area plans
to provide potable water prior to mandating the use of recycled
water piping.

(4) In developing the begin insert mandatory end insert building standards required
under paragraph (1), the department shall consider the definition
for recycled water as established in Section 60301 of Title 22 of
the California Code of Regulations.

begin insert

(5) The department shall seek advice from the State Department
of Public Health, the Department of Water Resources, the State
Water Resources Control Board, public water systems, recycled
water producers, and water research associations when developing
the application provisions for the mandatory building standards
required under paragraph (1).

end insert begin insert

(6) A city, county, or city and county, in consultation with the
public water system and recycled water producer, may further
reduce the area for which the mandate to install recycled water
piping applies, if the local public water system or recycled water
producer finds that providing recycled water to an area is not
feasible or cost effective.

end insert

SEC. 2.  

Section 18940.6 is added to the Health and Safety
Code, to read:

18940.6.  

(a) (1) The California Building Standards
Commission shall conduct research to assist in the development
of mandatory green building standards for the installation of
recycled water infrastructure for newly constructed commercial
and public buildings. In conducting this research, the commission
shall actively consult with the State Water Resources Control
begin delete Board end delete begin insert Board, the State Department of Public Health, end insert and other
interested parties, including, but not limited to, begin delete local water utility
companies, end delete begin insert public water systems, recycled water producers, end insert
product manufacturers, local building officials, apartment owners,
certified contractors, and the building industry.

(2) In researching, developing, and proposing mandatory
building standards under this section, the commission may expend
funds from the Building Standards Administration Special
Revolving begin delete Fund end delete begin insert Fund, end insert upon appropriation pursuant to Section
18931.7.

(3) Research conducted in order to propose building standards
pursuant to this section shall include, but is not limited to, the
following:

(A) Potential outdoor applications for recycled water, including
drip and sprinkler irrigation and use in certain aesthetic water
features.

(B) Potential indoor applications for recycled water, including
use in toilets, washing machines, or both. With respect to indoor
applications, the commission shall consider whether to adopt or
recommend measures to ensure that indoor recycled water piping
is safely installed, including, but not limited to, requiring begin insert purple
pipe or end insert special markings on recycled water piping that states clearly
whether it is approved for indoor use, or recommending restrictions
on who may purchase or install recycled water piping for indoor
use.

(C) The cost of various recycled water systems and
infrastructure.

(D) The estimated quantity of water savings under varying levels
of application of recycled water in commercial and public buildings
and adjacent landscaping.

(b) (1) The Building Standards Commission shall develop and
adopt mandatory building standards for the installation of future
recycled water infrastructure for commercial and public buildings
in the next regularly scheduled Intervening Code Cycle adopted
after January 1, 2017.

(2) When developing the application provisions for the
mandatory building standards, the commission shall limit the
mandate to install recycled water piping to only those areas within
a local jurisdiction that have feasible and cost-efficient access to
a water recycling facility, or that have been identified by the local
begin delete jurisdictions residing end delete begin insert jurisdiction end insert within a planned service area
for the provision of recycled water for which a specific
implementation timeline has been begin delete identified. end delete begin insert identified by the
public water system in its most recent urban water management
plan. end insert

(3) The commission shall consider whether a service area plans
to provide potable water prior to mandating the use of recycled
water piping.

(4) In developing the begin insert mandatory end insert building standards required
under paragraph (1), the department shall consider the definition
for recycled water as established in Section 60301 of Title 22 of
the California Code of Regulations.

begin insert

(5) The department shall seek advice from the State Department
of Public Health, the Department of Water Resources, the State
Water Resources Control Board, public water systems, recycled
water producers, and water research associations when developing
the application provisions for the mandatory building standards
required under paragraph (1).

end insert begin insert

(6) A city, county, or city and county, in consultation with the
public water system and recycled water producer, may further
reduce the area for which the mandate to install recycled water
piping applies, if the local public water system or recycled water
producer finds that providing recycled water to an area is not
feasible or cost effective.

end insert