BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2282
Author: Gatto (D)
Amended: 8/19/14 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 6/17/14
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Pavley, Roth, Wyland
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 6/25/14
AYES: Hill, Gaines, Hancock, Jackson, Leno, Pavley
NO VOTE RECORDED: Fuller
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De León, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 77-0, 5/27/14 - See last page for vote
SUBJECT : Building standards: recycled water infrastructure
SOURCE : Author
DIGEST : This bill requires the Building Standards Commission
(BSC) to adopt mandatory building standards for the installation
of recycled water system in newly constructed residential,
commercial, and public buildings for the 2019 building code.
Senate Floor Amendments of 8/19/14 further clarify the
responsibilities of the Department of Housing and Community
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Development (HCD) and the BSC in adopting the mandates required
by this bill.
ANALYSIS : The California Building Standards Law establishes
the BSC and the process for adopting state building codes. The
law requires the BSC to adopt a new version of the California
Building Code (CBC) every three years. The process of
developing each new code is known as the triennial update. The
BSC will adopt revised versions of the CBC again in 2016 and
2019.
Under this process, relevant state agencies begin with a model
code developed by a national code-writing entity and then
propose amendments to the model codes to reflect California
needs and priorities. These state agencies then submit the
package of proposed building standards to the BSC for the BSC to
adopt, modify, or reject.
Relevant state agencies include the HCD for residential building
codes, the Office of Statewide Health Planning and Development
for hospitals and clinics, and the Division of the State
Architect for schools and emergency service buildings. Not all
buildings fall under the jurisdiction of a relevant state
agency. Most commercial, industrial, and manufacturing
structures are considered "local buildings," over which local
governments may determine applicable building standards. With
respect to green building standards, however, current law gives
BSC the authority to adopt building standards for these local
buildings.
This bill provides for the development and adoption of mandatory
building standards during the 2016 code adoption cycle for the
installation of recycled water systems for newly constructed
residential, commercial, and public buildings. Specifically,
this bill:
1. Requires HCD to conduct research, in consultation with the
State Water Resource Control Board (SWRCB), the Department of
Public Health (DPH), and other specified parties, to propose
building standards for the installation of recycled water
systems for newly constructed residential buildings,
including applications for both indoor and outdoor uses, as
specified.
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2. Requires HCD to submit mandatory building standards for the
installation of recycled water systems for newly constructed
single-family and multifamily residential buildings for
adoption by the BSC in the 2016 code adoption cycle, and
authorizes proposed amendments or repeal to these standards
in the future, as specified.
3. Requires BSC to conduct research, in consultation with the
SWRCB, the DPH, and other specified parties, to develop
building standards for the installation of recycled water
systems for newly constructed commercial and public
buildings, including applications for both indoor and outdoor
uses, as specified.
4. Requires BSC to adopt mandatory building standards for the
installation of recycled water systems for newly constructed
commercial and public buildings, and consider the proposed
standards in the 2016 code adoption cycle. BSC will be
authorized to amend these standards in the future, as
specified.
5. Requires HCD and BSC to limit the mandate to install recycled
water systems 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.
6. Specifies that the mandate to install recycled water piping
shall not apply to areas in which recycled water is used only
for potable purposes, or in which nonpotable deliveries are
expected to remain level or decrease as a result of potable
reuse.
7. Authorizes cities and counties 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.
8. Authorizes HCD and BSC, upon appropriation, to expend funds
from the Building Standards Administration Special Revolving
Fund (Fund) for these purposes.
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Background
Recycled water . The state is committed to a 20% reduction in
per capita water use by 2020. Recycling wastewater is an
important part of this effort. Recycling comes in a number of
forms, each of which is limited to specified uses. Most
commonly, treated and disinfected wastewater is used for
irrigation or industrial uses. In other cases, treated and
disinfected wastewater is used in buildings to flush toilets or
supply air conditioners. According to a 2009 study, at least
one jurisdiction in 51 out of the 58 counties recycles or has
plans to recycle municipal wastewater in some form. Non-potable
recycled water must be carried in separate plumbing known as
"purple pipes." Unless future buildings can accommodate
non-potable recycled water with such piping, uses for this
valuable resource will be limited.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
HCD staff costs of up to $125,000 annually in 2015-16 and
2016-17 to research, develop, and propose mandatory building
standards for recycled water systems for residential
buildings. (Fund)
BSC staff costs of $176,000 annually in 2015-16 and 2016-17 to
research, develop, and adopt mandatory building standards for
recycled water systems for commercial and public buildings.
(Fund)
Additional BSC costs in 2015-16 to conduct a study related to
the expansion of specified plastic pipe in the built
environment under the California Environmental Quality Act
(CEQA). Costs will be at least $175,000 if the study results
in a negative declaration or mitigated negative declaration,
and will be at least $275,000 if a CEQA study necessitates an
environmental impact report. These costs could escalate if
any CEQA determinations are challenged in court. (Fund)
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SUPPORT : (Verified 8/14/14)
Association of California Water Agencies
Burbank Water and Power
California Apartment Association
California Building Industry Association
California League of Conservation Voters
California Municipal Utilities Association
California State Pipe Trades Council
City of Pasadena
Environment California
Metropolitan Water District of Southern California
Sierra Club California
Stop Waste
United States Green Building Council, California Chapter
WateReuse
ARGUMENTS IN SUPPORT : According to the author's office,
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 non-potable
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.
ASSEMBLY FLOOR : 77-0, 5/27/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Patterson, Quirk-Silva, Vacancy
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JA:d 8/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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