BILL ANALYSIS                                                                                                                                                                                                    



                                                               AB 2282
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Jerry Hill, Chair
                              2013-2014 Regular Session
                                           
           BILL NO:    AB 2282
           AUTHOR:     Gatto
           AMENDED:    May 8, 2014
           FISCAL:     Yes               HEARING DATE:     June 25, 2014
           URGENCY:    No                CONSULTANT:       Rachel Machi
                                                           Wagoner
            
           SUBJECT  :    RECYCLED WATER

            SUMMARY  :    
                                          
            Existing federal law  :
               1)    Establishes the Safe Drinking Water Act (SDWA), to  
                 protect public health by regulating the nation's public  
                 drinking water supply. The act requires actions to  
                 protect drinking water and its sources, including  
                 rivers, lakes, reservoirs, springs, and groundwater  
                 wells.

               2)    Establishes the Clean Water Act, which prescribes  
                 the basic structure for regulating discharges of  
                 pollutants into the waters of the United States and  
                 regulating quality standards for surface waters.
           
            Existing state law and regulation  :
               1)    Defines "recycled water" as "water which, as a  
                 result of treatment of waste, is suitable for a direct  
                 beneficial use or a controlled use that would not  
                 otherwise occur and is therefore considered a valuable  
                 resource."

               2)    Defines "beneficial uses" as uses "of the waters of  
                 the state that may be protected against quality  
                 degradation [that] include, but are not limited to,  
                 domestic, municipal, agricultural and industrial supply;  
                 power generation; recreation; aesthetic enjoyment;  
                 navigation; and preservation and enhancement of fish,  
                 wildlife, and other aquatic resources or preserves."










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               3)    Establishes the Water Recycling Act of 1991,  
                 creating a statewide goal to recycle a total of 700,000  
                 acre-feet of water per year by the year 2000 and  
                 1,000,000 acre-feet of water per year by the year 2010.   
                 Requires each urban water supplier to prepare, and  
                 update every five years, an urban water management plan  
                 with specified components, including     information on  
                 recycled water and its potential for use as a water  
                 source in the service area of the urban water supplier.


               4)    Makes findings regarding the State Water Resource  
                 Control Board (SWRCB) updated goals adopted by  
                 resolution, which update the above goals to 1,000,000  
                 acre feet per year above 2002 levels by 2020 and by at  
                 least 2,000,000 acre feet per year by 2030.

               5)    Designates the Department of Public Health (DPH) as  
                 the primacy agency enforcing SDWA for California.  (As  
                 of July 1, 2014 this responsibility will be within the  
                 purview of the SWRCB).

               6)    Requires DPH to establish uniform statewide  
                 recycling criteria for each type of use of recycled  
                 water use, as specified.  (As of July 1, 2014 this  
                 responsibility will be within the purview of the SWRCB).

               7)    Requires DPH to:  (1) adopt regulations regarding  
                 groundwater replenishment with recycled water, (2) adopt  
                 of regulations regarding surface water augmenation with  
                 recycled water, and (3) report to the Legislature on the  
                 feasibility of developing uniform water recycling  
                 criteria for direct potable reuse.  (As of July 1, 2014  
                 this responsibility will be within the purview of the  
                 SWRCB).

               8)    Establishes the Porter-Cologne Water Quality Control  
                 Act:

                   a)        Giving authority to SWRCB over state water  
                     rights and water quality policy.
                   b)        Establishing nine regional water quality  
                     control boards (regional boards) to oversee water  









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                     quality on a day-to-day basis at the local/regional  
                     level.
                   c)        Requiring the boards to implement and  
                     enforce CWA, including issuance of waste discharge  
                     permits.

               9)    Requires SWRCB to adopt a general permit for  
                 landscape irrigation use of recycled water.

               10)   Directs the Department of Housing and Community  
                 Development (HCD) to propose the adoption, amendment, or  
                 repeal of building standards to the California Building  
                 Standards Commission (BSC) for all hotels, motels,  
                 lodging houses, apartment houses, and dwellings. 

               11)   Authorizes BSC to approve and adopt building  
                 standards.  Every three years building standards  
                 rulemaking is undertaken to revise and update the  
                 California Building Standards Code. (Title 24 of the  
                 California Code of Regulations).  

               12)   Allows a governing body, city or county to make  
                 modifications to BSC if they make express findings that  
                 such a modification or change is necessary because of  
                 local climatic, geological, or topographical conditions.  


               13)   Allows the use of recycled water in condominium  
                 projects subject to specified conditions, including a  
                 requirement that the agency delivering the recycled  
                 water to the condominium project file a report with the  
                 appropriate regional water quality control board,  
                 receive written approval from DPH and other public  
                 health protections including noticing of the use of  
                 recycled water.

               14)   Allows a public agency to require the use of  
                 recycled water in floor trap priming, cooling towers and  
                 air-conditioning devices when public health is  
                 adequately protected as specified.

               15)   Establishes in the California Plumbing Code design  
                 standards for plumbing buildings with both potable and  









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                 recycled water systems.  These statewide standards apply  
                 for installing both potable and recycled water plumbing  
                 systems in commercial, retail, and office buildings,  
                 theaters, auditoriums, condominiums, schools, hotels,  
                 apartments, barracks, dormitories, jails, prisons, and  
                 reformatories.

            This bill  requires BSC to adopt mandatory building standards  
           for the installation of recycled water infrastructure in newly  
           constructed residential, commercial, and public buildings  
           during its triennial update for the 2019 building code for  
           both outdoor and indoor uses.  Specifically, the bill:

           1)Requires HCD to conduct research and propose for the 2019  
             building code mandatory building standards for the  
             installation of recycled water infrastructure in newly  
             constructed single-family and multifamily residential  
             buildings. 

           2)Requires BSC to conduct research and adopt for the 2019  
             building code mandatory building standards for the  
             installation of recycled water infrastructure in newly  
             constructed commercial and public buildings.

           3)Provides that the mandatory building standards shall apply  
             only to those areas that have feasible and cost-efficient  
             access to a water recycling facility or that a public water  
             system has identified in its most recent urban water  
             management plan for the provision of recycled water with a  
             specific implementation timeline.

           4)Requires HCD and BSC to consider whether a service area  
             plans to provide potable recycled water (in which case  
             separate piping is not needed) prior to mandating the use of  
             recycled water piping.

           5)Allows a city or county to further reduce the area in 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.

           6)Allows HCD and BSC, upon appropriation, to expend funds from  









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             the Building Standards Administration Special Revolving Fund  
             for these purposes. 

            COMMENTS  :

            1) Purpose of Bill  .  According to the author, recycled water  
              has been a popular option for many cities seeking an  
              alternative to expensive imported water.  Several cities  
              have approved recycled water for irrigation and other  
              nonpotable uses.  Although recycled water plays a crucial  
              role in the future water plans of most California cities,  
              there has been little effort to prepare the commercial and  
              residential building stock for recycled water use.  This  
              bill seeks to prepare future buildings for recycled water  
              in cities that have access to or plan to construct recycled  
              water facilities.      

            2) What is Recycle Water  ?  Recycled water is wastewater  
              (sewage) treated to remove solids and certain other  
              impurities, such as metals and ammonia.  The term "recycled  
              water" is synonymous with "reclaimed water" or "reused  
              water."

              Water recycling is reusing treated wastewater for  
              beneficial purposes such as agricultural and landscape  
              irrigation, industrial processes, toilet flushing, and  
              replenishing a groundwater basin (referred to as  
              groundwater recharge). 

              In the recycling process, sanitary sewer systems deliver  
              wastewater to treatment plants where it progresses through  
              varying degrees of treatment. The end use will dictate  
              whether the wastewater receives primary, secondary, or  
              tertiary treatment and disinfection.

              Recycled water for landscape irrigation requires less  
              treatment than recycled water used for source water  
              recharge that contributes to drinking water.

              Recycled water can satisfy many water demands, as long as  
              it is adequately treated to ensure water quality  
              appropriate for the use.  In uses where there is a greater  
              chance of human exposure to the water, more treatment is  









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              required. As with any water source that is not properly  
              treated, health problems could arise from drinking or being  
              exposed to recycled water if it contains disease-causing  
              organisms or other contaminants.

              Recycled water is commonly used for nonpotable (not for  
              drinking) purposes, such as agriculture, landscape, public  
              parks, and golf course irrigation.  Other nonpotable  
              applications include cooling water for power plants and oil  
              refineries, industrial process water for such facilities as  
              paper mills and carpet dyers, toilet flushing (in specified  
              cases), dust control, construction activities, concrete  
              mixing, and artificial lakes.  
             
             3) Historical Use of Recycled Water  .  Water recycling has been  
              a part of California's water management plan for more than  
              100 years.

              In the early 1900s, partially treated wastewater and  
              groundwater transformed San Francisco's Golden Gate Park  
              from an area of sand and waste to a garden spot.  In the  
              1930s, construction began on the McQueen Treatment Plant in  
              Golden Gate Park to provide secondary-treated recycled  
              water for park irrigation.  This practice continued until  
              1978 when the McQueen plant stopped operating because it  
              did not meet the new state standards for irrigation use.

              In 1929, Los Angeles County began using recycled water for  
              landscape irrigation in parks and golf courses.

              In 1967, the Irvine Ranch Water District (IRWD) began  
              recycling water at its Michelson Water Reclamation Plant. 

              In 1991, IRWD became the first in the nation to obtain  
              health department permits for the interior use of recycled  
              water for flushing toilets and other nonpotable uses.

            4) The Benefits of Recycled Water  .  Water recycling reduces  
              regional dependence on imported water by providing a local,  
              drought resistant water source.  It enhances water quality  
              by reducing discharges to and diversions from ecologically  
              sensitive water bodies.  It is environmentally sustainable  
              and has a smaller energy footprint than most other water  









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              supply sources.  
            
            5) Current Use of Recycled Water  .  Californians use recycled  
              water for a variety of purposes including irrigation,  
              toilet flushing (in specified cases), construction, water  
              features, dust control, cooling and air conditioning, soil  
              compaction, commercial laundry, car washing, fire sprinkler  
              systems, and sewer and street cleaning.

           Residential customers are increasingly using recycled water.  
              In southern California, virtually all new residential  
              development serviced by the IRWD are required to use  
              recycled water for landscape irrigation. In northern  
              California, Vintage Greens in Windsor is equipped with dual  
              piping that enables homeowners to use recycled water  
              outside.

           At sites using recycled water for irrigation, signs are  
              displayed warning people not to drink from the irrigation  
              system.

              Recycled water may not be used for drinking, bathing, or  
              swimming pools or other potable uses or uses where human  
              exposure is likely.

              Some local governments, such as Los Angeles and Orange  
              County, are using recycled water for indirect, potable  
              groundwater supply augmentation. The recycled water is  
              pumped into groundwater aquifers, is pumped out, treated  
              again, and then finally used as drinking water. The term  
              for this process is "groundwater recharging."

            6) SWRCB Recycled Water Policy  .  In 2013 SWRCB adopted a  
              policy on recycled water, stating that:

                 "The purpose of this Policy is to increase the use  
                 of recycled water from municipal wastewater sources  
                 that meets the definition in the Water Code in a  
                 manner that implements state and federal water  
                 quality laws.

                 When used in compliance with this Policy, Title 22  
                 and all applicable state and federal water quality  









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                 laws, SWRCB finds that recycled water is safe for  
                  approved uses  , and strongly supports recycled water  
                 as a safe alternative to potable water for such  
                 approved uses. 

                 The purpose of this Policy is to provide direction  
                 to the Regional Water Quality Control Boards  
                 (Regional Water Boards), proponents of recycled  
                 water projects, and the public regarding the  
                 appropriate criteria to be used by the State Water  
                 Board and the Regional Water Boards in issuing  
                 permits for recycled water projects. 

                 It is the intent of the State Water Board that all  
                 elements of this Policy are to be interpreted in a  
                 manner that fully implements state and federal water  
                 quality laws and regulations in order to enhance the  
                 environment and put the waters of the state to the  
                 fullest use of which they are capable?.

                 SWRCB finds that the use of recycled water in  
                 accordance with this Policy, that is, which supports  
                 the sustainable use of groundwater and/or surface  
                 water, which is sufficiently treated so as not to  
                 adversely impact public health or the environment  
                 and which ideally substitutes for use of potable  
                 water, is presumed to have a beneficial impact.   
                 Other public agencies are encouraged to use this  
                 presumption in evaluating the impacts of recycled  
                 water projects on the environment as required by the  
                 California Environmental Quality Act (CEQA)."

            7) What are the Approved Uses of Recycled Water  ?  California  
              has approved criteria for nonpotable uses of recycled water  
              for surface irrigation of orchards and vineyards, landscape  
              impoundments, groundwater recharge, wetlands, wildlife  
              habitat, stream augmentation industrial cooling processes,  
              landscape and golf course irrigation, toilet flushing (for  
              specified commercial and condominium uses), vehicle  
              washing, food crop irrigation.

            8) Potential Risks Associated with Recycled Water?  










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               a)    Human Health Exposure  .  Infectious microbial  
                 pathogens in wastewater from sewage effluent are the  
                 major concern for human health when recycling water. The  
                 major groups of pathogens are:
                           Bacteria (e.g. Escherichia coli, Salmonella  
                      spp),
                           Viruses (e.g. Enteroviruses, Rotavirus,  
                      Hepatitis A), 
                           Protozoa (e.g. Giardia Lamblia,  
                      Cryptosporidium parvum), 
                           Helminths (e.g. Taenia spp (Tapeworm),  
                      Ancylostoma spp (Hookworm).

                 Not all infections cause illness. To become infected by  
                 a pathogen, exposure to a sufficient number of pathogens  
                 is necessary.  If recycled water is fit for the intended  
                 purpose, exposure will be low or non-existent and  
                 infection unlikely as it is related to the  
                 concentrations of pathogens in the recycled water and  
                 the amount of water ingested.

               b)    Environmental Exposure  .  Some common environmental  
                 concerns from recycled water include:
                           Salinity - A chronic problem which needs to  
                      be managed in all irrigation systems.  Can result  
                      in reduced plant growth and plant damage and can  
                      impact freshwater plants and invertebrates in  
                      natural ecosystems if discharged directly with  
                      little dilution.  The most common salt is sodium  
                      chloride, although other salts also contribute to  
                      salinity.
                           Sodium - Can be toxic to some plants if it  
                      accumulates in soils from ongoing irrigation. More  
                      important as a component of salinity and sodicity.
                           Chloride - Can be toxic to plants if sprayed  
                      directly on leaves, and if it accumulates in soils  
                      from ongoing irrigation, but is usually more  
                      important as a component of salinity.
                           Nitrogen - Mostly of benefit to cultivated  
                      plants, but can cause eutrophication (excessive  
                      nutrient levels) in land and aquatic ecosystems.
                           Phosphorus - Mostly of benefit to cultivated  
                      plants, but can cause eutrophication (excessive  









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                      nutrient levels) in land and aquatic ecosystems.
                           Chlorine residuals - By-products of  
                      disinfection processes may be harmful to aquatic or  
                      marine ecosystems if discharged directly with  
                      little dilution.
                           Hydraulic loading - Too much water applied to  
                      land can result in excess groundwater recharge,  
                      water logging and secondary salinity.
                           Boron - Plant toxicity may arise in some  
                      plants in some soils if it accumulates from ongoing  
                      irrigation.
                           Surfactants - Some organic and inorganic  
                      surface active agents from detergents can remain in  
                      recycled water and be harmful to some aquatic  
                      organisms.

               c)    Other Risks Which Require Monitoring  .  A broad range  
                 of emerging chemical contaminants have been identified  
                 as having potential adverse human health impacts; for  
                 example, pharmaceutical chemicals and their metabolites  
                 have been found in recycled water.  At this stage, there  
                 is no evidence that environmental exposure to low levels  
                 of potential emerging contaminants in recycled water  
                 affects human health because of the relatively low  
                 exposure in approved uses.  However, ongoing monitoring  
                 is required to ensure good risk management.   
                 Additionally, because drinking water standards are not  
                 developed for recycled water, human exposure to  
                 potential contaminants needs to be minimized.

            1) Why the Purple Pipe  ?  Nonpotable recycled water goes  
              through a separate pipeline system to the customers.  It is  
              completely separate from the drinking water pipeline  
              system.  Periodic cross connection tests ensure that the  
              nonpotable recycled water pipelines are not accidentally  
              connected to the drinking water system.  In addition, there  
              is ongoing monitoring and testing of the nonpotable  
              recycled water and drinking water systems to protect the  
              public's health.  All pipes designed to carry recycled  
              water must be purple, or wrapped in distinctive purple tape  
              and labeled as recycled water.

              One pioneer of recycled water in Southern California is  









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              IRWD.


              The district dates back to 1961.  From near the beginning,  
              the IRWD Board of Directors decided to place a premium on  
              recycling water.  By 1967, Irvine delivered 2 million  
              gallons a day of tertiary-treated water to agricultural  
              users.  The district was the first in the state to get a  
              permit to use recycled water beyond just agriculture to any  
              acceptable use (including industrial and irrigation uses,  
              and some plumbing). 


              IRWD put two parallel delivery systems next to each other,  
                                   a system called dual distribution.  IRWD is the district  
              that picked the color for recycled water pipe in order to  
              clearly differentiate between the potable water supply and  
              recycled water.


              In cities around the United States, blue is for potable  
              water. Green is for sewers.  Yellow signifies natural gas,  
              oil, petroleum, or something else that's potentially  
              flammable.  Orange is for telecommunications.  Red is for  
              power lines.  And white is for marking where excavations  
              and new pipe routes will go.  Purple is for recycled water.

            2) Need for Consistency in Ensuring Water Quality and  
              Protecting Public Health  .  The treatment and use of  
              recycled water is regulated across many different states  
              and local agencies.

              DPH has developed criteria through regulation for the safe  
              use of recycled water and has the charge of developing  
              regulations for recycled water recharge of drinking water  
              sources.  (These responsibilities will be within the  
              purview of SWRCB as of July 1, 2014.)

              SWRCB has the responsibility of permitting wastewater  
              treatment and discharges in the waters of the state.

              HCD and BSC develop and implement the building standards as  
              applied to the use of recycled water.









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              Local governments implement and enforce building permit  
              requirements and environmental/public health laws for their  
              jurisdictions.

              Together these statutory responsibilities build the  
              structure for ensuring that this important resource is  
              fully utilized to its greatest extent safely and  
              protectively for human health and the environment.

              As new water conservation laws are contemplated for water  
              reuse, it is important to build in the statutory  
              infrastructure that ensures that the new law will align  
              with all public health and environmental health laws and  
              regulations and building standard and enforcement laws and  
              regulations.

              To this end amendments are needed to AB 2282:

               a)    Consistency with Public Health Criteria  .  DPH has  
                 developed regulations that set criteria for the approved  
                 uses of recycled water for different purposes for  
                 different types of structures to ensure public health  
                 protection.   

                  As this legislation requires HDC to develop mandatory  
                 building standards for newly constructed single-family  
                 and multifamily homes and for newly constructed  
                 commercial and public buildings, the bill should be  
                 consistent with those criteria.  For example, the bill  
                 specifies BSC to consider mandatory standards for  
                 washing machines.  Residential washing machines have not  
                 been considered an eligible use for recycled water and  
                 an evaluation of public health implications is necessary  
                 prior to considering this new use.   Amendments are  
                 needed  to the bill to ensure that this new building  
                 standard law is consistent with the established public  
                 health criteria by referencing those criteria.  

              b)    Consultation Between Agencies  .  The bill refers to  
                 HCD "actively consulting" or "seeking advice" from DPH,  
                 SWRCB and other stakeholders.  It is unclear what type  
                 of role is envisioned for DPH and SWRCB.   A clarifying  









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                 amendment is needed  to change that language to "in  
                 consultation with" to ensure that the agencies are all  
                 working together.  

              c)    Drinking Water Program Transfer from DPH to SWRCB  .   
                 The budget and accompanying trailer bill approved by the  
                 Legislature on June 15, 2014 transferred the drinking  
                 water program from DPH to SWRCB effective July 1, 2014.   
                  Amendments are needed  to reflect this change of  
                 responsibility.  

              d)    Preservation of Local Government Control .  AB 2282  
                 allows a local jurisdiction to reduce the area for which  
                 the mandate to install recycled water piping applies.   
                 However, the local jurisdiction is only allowed to do  
                 this if the local public water system makes findings  
                 regarding feasibility or cost effectiveness.  The local  
                 permitting agencies, which are accountable to the local  
                 elected officials, have the expertise and the statutory  
                 responsibility to determine feasibility of building  
                 standards for that jurisdiction.   An amendment is needed   
                 to change the determining agency to the local  
                 jurisdiction instead of the public water system.  
             
                e)    Definition of "Recycled Water" .  AB 2282 directs HCD  
                 to "consider the definition for recycled water as  
                 established in the DPH regulations in developing the  
                 mandatory building standards."  However, there is not a  
                 definition for "recycled water".  The intent of this  
                 subsection is not clear.   An amendment is needed  to  
                 either strike this subsection or clarify what HCD should  
                 consider.  

                f)    Author's Amendments  . The author has agreed to address  
                 concerns raised by stakeholders that utilize recycled  
                 water systems but do so not through the dual piping  
                 systems specified under this bill.

                 Water systems that are investing in recycling water  
                 projects where the recycled water goes directly to  
                 source water recharge rather than into a dual  
                 pipe/purple pipe system do not need both approaches to  
                 delivering recycled water.  The bill recognizes this  









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                 when it requires HCD and BSC to consider whether a  
                 service area plans to provide potable recycled water  
                 prior to mandating the use of recycled water piping.  In  
                 order to make this language more direct, the author has  
                 agreed to redraft this provision to state that 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) Two Tracts  .  Many water systems in California are looking  
              at recycling water and delivering recycled water.  Pursuant  
              to SB 918 (Pavley), Chapter 700, Statutes of 2010,  
              DPH/SWRCB is developing and adopting regulations for both  
              groundwater recharge and surface water recharge with  
              recycled water.  As more systems will be looking to use  
              recycled water to recharge source water, dual piping/purple  
              piping systems will become less relevant.  Does it make  
              sense to develop mandates requiring new buildings to be  
              built with these systems if in the future, water systems  
              are looking to deliver recycled water through recharge  
              instead of directly to consumers?

            SOURCE  :        Author  

           SUPPORT  :       Association of California Water Agencies
           California Apartment Association
           California Building Industry Association
           California League of Conservation Voters
           California Municipal Utilities Association
           California State Pipe Trades Council
           City of Burbank, Mayor Gabel-Luddy
           City of Pasadena 
           Metropolitan Water District of Southern California
           Sierra Club California
           U.S. Green Building Council California
           WateReuse California  

           OPPOSITION  :    None on file  
            











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