BILL NUMBER: AB 2282 AMENDED
BILL TEXT
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
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 the
commission to seek advice from specified entities when developing the
application provisions for the mandatory building standards. The
department to develop the application provisions in
consultation with specified entities. The bill would define the term
"recycled water" for these purposes.
This 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:
SECTION 1. Section 17921.5 is added to the Health and Safety Code,
to read:
17921.5. (a) For purposes of this section, "recycled water"
has the same meaning as that term is defined in subdivision (n) of
Section 13050 of the Water Code, and is consistent with the recycled
water use criteria specified in Chapter 3 (commencing with Section
60301.100) of Division 4 of Title 22 of the California Code of
Regulations.
(b) (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 Board, the State Department of Public Health,
and other interested parties, including, but not limited to, public
water systems, recycled water producers, 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 Fund, upon
appropriation pursuant to Section 18931.7.
(3) Research conducted 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 consistent with the recycled water use
criteria specified in Chapter 3 (commencing with Section 60301.100)
of Division 4 of Title 22 of the California Code of Regulations
.
(B) Potential indoor applications for recycled water,
including use in toilets, washing machines, or both
consistent with the recycled water use criteria specified in Chapter
3 (commencing with Section 60301.100) of Division 4 of Title 22 of
the California Code of Regulations . 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 purple
pipe or 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)
(c) (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 recycled water
infrastructure for newly constructed 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
jurisdiction within a planned service area for the provision of
recycled water for which a specific implementation timeline has been
identified by the public water system in its most recent urban water
management plan.
(3) The mandate to install recycled water piping shall not apply
to service areas in which the only recycled water use is for potable
purposes, or in which net nonpotable deliveries are anticipated to
remain level or decrease as a result of the potable reuse project.
(3)
(4) 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 mandatory building standards required under
paragraph (1), the department shall consider the definition for
recycled water as established in Article 1 (commencing with Section
60301.100) of Chapter 3 of Division 4 of Title 22 of the California
Code of Regulations.
(5) The department shall seek advice from the State
Department of Public Health, the Department of Water Resources,
develop the application provisions for the mandatory
building standards required under paragraph (1), in consultation with
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). associations.
(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.
SEC. 2. Section 18940.6 is added to the Health and Safety Code, to
read:
18940.6. (a) For purposes of this section, "recycled water"
has the same meaning as that term is defined in subdivision (n) of
Section 13050 of the Water Code, and is consistent with the recycled
water use criteria specified in Chapter 3 (commencing with Section
60301.100) of Division 4 of Title 22 of the California Code of
Regulations.
(b) (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 buildings, in consultation with the
State Water Resources Control Board , the State Department
of Public Health, and other interested parties, including,
but not limited to, public water systems, recycled water producers,
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 Fund, 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. consistent with the recycled water use
criteria specified in Chapter 3 (commencing with Section 60301.100)
of Division 4 of Title 22 of the California Code of
Regulations.
(B) Potential indoor applications for recycled water,
including use in toilets, washing machines, or both.
consistent with the recycled water use criteria specified in Chapter
3 (commencing with Section 60301.100) of Division 4 of Title 22 of
the California Code of Regulations. 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 purple
pipe or 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)
(c) (1) The commission shall develop and adopt
mandatory building standards for the installation of recycled water
infrastructure for newly constructed 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
jurisdiction within a planned service area for the provision of
recycled water for which a specific implementation timeline has been
identified by the public water system in its most recent urban water
management plan.
(3) The mandate to install recycled water piping shall not apply
to service areas in which the only recycled water use is for potable
purposes, or in which net nonpotable deliveries are anticipated to
remain level or decrease as a result of the potable reuse project.
(3)
(4) 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 mandatory building standards required under
paragraph (1), the department shall consider the definition for
recycled water as established in Article 1 (commencing with Section
60301.100) of Chapter 3 of Division 4 of Title 22 of the California
Code of Regulations.
(5) The commission shall seek advice from the State
Department of Public Health, the Department of Water Resources,
develop the application provisions for the mandatory
building standards required under paragraph (1) in consultation with
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). associations.
(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.