Amended in Senate August 19, 2014

Amended in Senate August 5, 2014

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 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 systems.

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 submit for adoption by the commission of, mandatory building standards for the installation of recycled water systems 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 systems within residential buildings and building site landscaped areas to areas within a local jurisdiction that meet specified conditions. The bill would require 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 systems 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 systems 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 and other rental property owners,
California licensed contractors, and the building industry.

(2) In researching, developing, and proposing mandatory
building standards under this section, the department is authorized
to 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, 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, 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 in addition to the current standards adopted
in the California Plumbing Code in Title 24 of the California Code
of Regulations to ensure the safe installation of indoor recycled
water piping or systems, 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.

(D) The estimated quantity of water savings under varying levels
of application of recycled water in residential buildings and
building site landscaped areas.

(4) The department may research standards for different types
of water recycling systems, including noncentralized systems, begin insert but
shall only mandate systems end insert to the extent that they meet all of the
health and safety standards specified in this section.

(c) (1) The department shall submit for adoption mandatory
building standards for the installation of recycled water systems
for newly constructed single-family residential and multifamily
residential buildings. The department shall submit the proposed
mandatory building standards to the California Building Standards
Commission for consideration during the 2016 Intervening Code
Adoption Cycle, and may begin delete amend end delete begin insert propose the amendment or repeal
of end insert these mandatory standards as necessary in future code adoption
cycles, 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.

(2) When developing the application provisions for the
mandatory building standards, the department shall limit the
mandate to install recycled water systems within residential
buildings and building site landscaped areas 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.

(4) The department shall 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.

(5) 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 systems
for newly constructed commercial and public buildings, in
consultation with the State Water Resources Control Board and
other interested parties, including, but not limited to, public water
systems, recycled water producers, product manufacturers, local
building officials, apartment and other rental property owners,
California licensed contractors, and the building industry.

(2) In researching, developing, and proposing mandatory
building standards under this section, the commission is authorized
to 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, 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, 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 in addition to the current standards adopted
in the California Plumbing Code in Title 24 of the California Code
of Regulations, to ensure the safe installation of indoor recycled
water piping or systems, including, but not limited to, requiring
purple pipe or special markings on recycled water piping or systems
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.

(D) The estimated quantity of water savings under varying levels
of application of recycled water in commercial and public buildings
and building site landscaped areas.

(4) The begin delete department end delete begin insert commission end insert may research standards for
different types of water recycling systems, including noncentralized
systems, begin insert but shall only mandate systems end insert to the extent that they
meet all of the health and safety standards specified in this section.

(c) (1) The commission shall adopt mandatory building
standards for the installation of recycled water systems for newly
constructed commercial and public buildings. The commission
shall consider the proposed mandatory building standards during
the 2016 Intervening Code Adoption Cycle and may amend these
mandatory standards as necessary in future code adoption cycles,
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.

(2) When developing the application provisions for the
mandatory building standards, the commission shall limit the
mandate to install recycled water systems within begin delete residential end delete
begin insert commercial and public end insert buildings and building site landscaped
areas 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.

(4) The commission shall 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.

(5) 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.