Amended in Senate July 2, 2014

Amended in Assembly May 8, 2014

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 BillNo. 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 California Building Standards Code 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 commission 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 department, 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 commission, 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 purpose, 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. The bill would require thebegin delete commission to seek advice from specified entities when developing the application provisions for the mandatory building standards. Theend deletebegin insert department to develop the application provisions in consultation with specified entities. The bill would define the term “recycled water” for these purposes.end insert

begin insertThisend insert bill would require the commission 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:

P2    1

SECTION 1.  

Section 17921.5 is added to the Health and Safety
2Code
, to read:

3

17921.5.  

(a) begin insertFor purposes of this section, “recycled water”
4has the same meaning as that term is defined in subdivision (n) of
5Section 13050 of the Water Code, and is consistent with the
6recycled water use criteria specified in Chapter 3 (commencing
7with Section 60301.100) of Division 4 of Title 22 of the California
8Code of Regulations.end insert

9begin insert(b)end insert (1) The department shall conduct research to assist in the
10development of mandatory building standards for the installation
11of recycled water infrastructure for newly constructed single-family
P3    1and multifamily residential buildings. In conducting this research,
2the department shall actively consult with the State Water
3Resources Control Board, the State Department of Public Health,
4and other interested parties, including, but not limited to, public
5water systems, recycled water producers, product manufacturers,
6local building officials, apartment owners, certified contractors,
7and the building industry.

8(2) In researching, developing, and proposing mandatory
9building standards under this section, the department may expend
10funds from the Building Standards Administration Special
11 Revolving Fund, upon appropriation pursuant to Section 18931.7.

12(3) Research conducted to propose building standards pursuant
13to this section shall include, but is not limited to, the following:

14(A) Potential outdoor applications for recycled water,begin delete including
15drip and sprinkler irrigation and use in certain aesthetic water
16featuresend delete
begin insert consistent with the recycled water use criteria specified
17in Chapter 3 (commencing with Section 60301.100) of Division 4
18of Title 22 of the California Code of Regulationsend insert
.

19(B) Potential indoor applications for recycled water,begin delete including
20use in toilets, washing machines, or bothend delete
begin insert consistent with the
21recycled water use criteria specified in Chapter 3 (commencing
22with Section 60301.100) of Division 4 of Title 22 of the California
23Code of Regulationsend insert
. With respect to indoor applications, the
24department shall consider whether to adopt or recommend measures
25to ensure that indoor recycled water piping is safely installed,
26including, but not limited to, requiring purple pipe or special
27markings on recycled water piping that states clearly whether it is
28approved for indoor use, or recommending restrictions on who
29may purchase or install recycled water piping for indoor use.

30(C) The cost of various recycled water systems and
31infrastructure.

32(D) The estimated quantity of water savings under varying levels
33 of application of recycled water in residential buildings and
34adjacent landscaping.

begin delete

35(b)

end delete

36begin insert(c)end insert (1) The department shall propose the adoption, amendment,
37or repeal by the California Building Standards Commission
38pursuant to Chapter 4 (commencing with Section 18935) of Part
392.5, of mandatory building standards for the installation of recycled
40water infrastructure for newly constructed single-family residential
P4    1and multifamily residential buildings. The department shall submit
2these proposed mandatory building standards to the commission
3for consideration in the next regularly scheduled Intervening Code
4Cycle adopted after January 1, 2017.

5(2) When developing the application provisions for the
6mandatory building standards, the department shall limit the
7mandate to install recycled water piping to only those areas within
8a local jurisdiction that have feasible and cost-efficient access to
9a water recycling facility, or that have been identified by the local
10jurisdiction within a planned service area for the provision of
11recycled water for which a specific implementation timeline has
12been identified by the public water system in its most recent urban
13water management plan.

begin insert

14(3) The mandate to install recycled water piping shall not apply
15to service areas in which the only recycled water use is for potable
16purposes, or in which net nonpotable deliveries are anticipated to
17remain level or decrease as a result of the potable reuse project.

end insert
begin delete

18(3)

end delete

19begin insert(4)end insert The department shall consider whether a service area plans
20to provide potable water prior to mandating the use of recycled
21water piping.

begin delete

22(4) In developing the mandatory building standards required
23under paragraph (1), the department shall consider the definition
24for recycled water as established in Article 1 (commencing with
25Section 60301.100) of Chapter 3 of Division 4 of Title 22 of the
26California Code of Regulations.

end delete

27(5) The department shallbegin delete seek advice from the State Department
28of Public Health, the Department of Water Resources,end delete
begin insert develop the
29application provisions for the mandatory building standards
30required under paragraph (1), in consultation withend insert
the State Water
31Resources Control Board, public water systems, recycled water
32producers, and water researchbegin delete associations when developing the
33application provisions for the mandatory building standards
34required under paragraph (1).end delete
begin insert associations.end insert

35(6) A city, county, or city and county, in consultation with the
36public water system and recycled water producer, may further
37reduce the area for which the mandate to install recycled water
38piping applies, if the local public water system or recycled water
39producer finds that providing recycled water to an area is not
40feasible or cost effective.

P5    1

SEC. 2.  

Section 18940.6 is added to the Health and Safety
2Code
, to read:

3

18940.6.  

(a) begin insertFor purposes of this section, “recycled water”
4has the same meaning as that term is defined in subdivision (n) of
5Section 13050 of the Water Code, and is consistent with the
6recycled water use criteria specified in Chapter 3 (commencing
7with Section 60301.100) of Division 4 of Title 22 of the California
8Code of Regulations.end insert

9begin insert(b)end insert (1) The California Building Standards Commission shall
10conduct research to assist in the development of mandatory green
11building standards for the installation of recycled water
12infrastructure for newly constructed commercial and public
13begin delete buildings. In conducting this research, the commission shall
14actively consultend delete
begin insert buildings, in consultationend insert with the State Water
15Resources Control Boardbegin delete, the State Department of Public Health,end delete
16 and other interested parties, including, but not limited to, public
17water systems, recycled water producers, product manufacturers,
18local building officials, apartment owners, certified contractors,
19and the building industry.

20(2) In researching, developing, and proposing mandatory
21building standards under this section, the commission may expend
22funds from the Building Standards Administration Special
23Revolving Fund, upon appropriation pursuant to Section 18931.7.

24(3) Research conducted in order to propose building standards
25pursuant to this section shall include, but is not limited to, the
26following:

27(A) Potential outdoor applications for recycled water,begin delete including
28drip and sprinkler irrigation and use in certain aesthetic water
29features.end delete
begin insert consistent with the recycled water use criteria specified
30in Chapter 3 (commencing with Section 60301.100) of Division 4
31of Title 22 of the California Code of Regulations.end insert

32(B) Potential indoor applications for recycled water,begin delete including
33use in toilets, washing machines, or both.end delete
begin insert consistent with the
34recycled water use criteria specified in Chapter 3 (commencing
35with Section 60301.100) of Division 4 of Title 22 of the California
36Code of Regulations.end insert
With respect to indoor applications, the
37commission shall consider whether to adopt or recommend
38measures to ensure that indoor recycled water piping is safely
39installed, including, but not limited to, requiring purple pipe or
40special markings on recycled water piping that states clearly
P6    1whether it is approved for indoor use, or recommending restrictions
2on who may purchase or install recycled water piping for indoor
3use.

4(C) The cost of various recycled water systems and
5infrastructure.

6(D) The estimated quantity of water savings under varying levels
7of application of recycled water in commercial and public buildings
8and adjacent landscaping.

begin delete

9(b)

end delete

10begin insert(c)end insert (1) The commission shall develop and adopt mandatory
11building standards for the installation of recycled water
12infrastructure for newly constructed commercial and public
13buildings in the next regularly scheduled Intervening Code Cycle
14adopted after January 1, 2017.

15(2) When developing the application provisions for the
16mandatory building standards, the commission shall limit the
17mandate to install recycled water piping to only those areas within
18a local jurisdiction that have feasible and cost-efficient access to
19a water recycling facility, or that have been identified by the local
20jurisdiction within a planned service area for the provision of
21recycled water for which a specific implementation timeline has
22been identified by the public water system in its most recent urban
23water management plan.

begin insert

24(3) The mandate to install recycled water piping shall not apply
25to service areas in which the only recycled water use is for potable
26purposes, or in which net nonpotable deliveries are anticipated to
27remain level or decrease as a result of the potable reuse project.

end insert
begin delete

28(3)

end delete

29begin insert(4)end insert The commission shall consider whether a service area plans
30to provide potable water prior to mandating the use of recycled
31water piping.

begin delete

32(4) In developing the mandatory building standards required
33under paragraph (1), the department shall consider the definition
34for recycled water as established in Article 1 (commencing with
35Section 60301.100) of Chapter 3 of Division 4 of Title 22 of the
36California Code of Regulations.

end delete

37(5) The commission shallbegin delete seek advice from the State Department
38of Public Health, the Department of Water Resources,end delete
begin insert develop the
39application provisions for the mandatory building standards
40required under paragraph (1) in consultation withend insert
the State Water
P7    1Resources Control Board, public water systems, recycled water
2producers, and water researchbegin delete associations when developing the
3application provisions for the mandatory building standards
4required under paragraph (1).end delete
begin insert associations.end insert

5(6) A city, county, or city and county, in consultation with the
6public water system and recycled water producer, may further
7reduce the area for which the mandate to install recycled water
8piping applies, if the local public water system or recycled water
9producer finds that providing recycled water to an area is not
10feasible or cost effective.



O

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