BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1463


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          Date of Hearing:  April 28, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


          AB 1463  
          (Gatto) - As Introduced February 27, 2015


          NOTE:  This bill is double-referred, having been previously  
          heard by the Assembly Water, Parks, and Wildlife Committee on  
          and approved on a 15-0 vote.


          SUBJECT:  Onsite recycled water.


          SUMMARY:  Requires the State Water Resources Control Board  
          (State Water Board), in consultation with the California  
          Department of Public Health (DPH), the California Building  
          Standards Commission (BSC), and stakeholders, to establish water  
          quality standards and distribution, monitoring, and reporting  
          requirements for onsite water recycling systems. 


          EXISTING LAW:


          1)Establishes the BSC, within the Department of General  
            Services, under the California Building Standards Law, and  
            requires any building standard adopted or proposed by state  
            agencies to be submitted to, and approved by, the BSC prior to  
            codification into the California Building Standards Code.   
            (Health and Safety Code (HSC) Sections 18920 and 18930)









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          2)Requires the BSC, if no state agency has the authority or  
            expertise to propose green building standards applicable to a  
            particular occupancy, to adopt, approve, codify, update, and  
            publish green building standards for those occupancies, and to  
            allow for input by other state agencies that have expertise in  
            green building subject areas.  (HSC Section 18930.5)


          3)Requires the BSC to publish the California Building Standards  
            Code in its entirety once every three years, and its  
            supplements in intervening years.  (HSC Section 18942)


          4)Establishes the Porter-Cologne Water Quality Control Act  
            giving authority to the State Water Board over state water  
            rights and water quality policy, and requires that policy to  
            consist of water quality principles and guidelines for  
            long-range resource planning, including ground water and  
            surface water management programs and control and use of  
            recycled water.  (Water Code (WC) Section 13000 et seq.,  
            13142) 


          5)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.  (WC Section 13050)


          6)Establishes the Water Recycling Act of 1991, creating  
            statewide goals for the amount of water recycled, as  
            specified.  (WC Section13575 et seq.)


          7)Requires the DPH to establish uniform statewide recycling  
            criteria for each type of use of recycled water use where the  
            use involves the protection of public health.  (WC Section  
            13521) 








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          8)Transferred the administration of the Drinking Water Program  
            (DWP) from the DPH to the State Water Board.  (SB 861  
            (Committee on Budget and Fiscal Review) Chapter 35, Statutes  
            of 2014)


          THIS BILL:


          9)Defines "onsite recycled water" as water, including graywater,  
            rainwater, and other water captured onsite, that has been  
            sourced, treated, and used onsite in a building in a manner  
            that is protective of public health, safety, and the  
            environment.  
          10)Provides that "onsite recycled water" does not include any  
            water from a toilet, sewer, or onsite wastewater treatment  
            system or septic tank unless the State Water Board has  
            established additional standards, monitoring, and reporting  
            requirements for that water necessary to protect public  
            health, safety, and the environment. 


          11)Requires the State Water Board, in consultation with the DPH,  
            the BSC, and stakeholders, to establish water quality  
            standards and distribution, monitoring, and reporting  
            requirements for onsite water recycling systems prior to  
            authorizing the use of onsite recycled water in internal  
            plumbing of residential and commercial buildings. 


          FISCAL EFFECT:  Unknown.  This bill is keyed fiscal by the  
          Legislative Counsel.  


          COMMENTS:










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          12)Purpose.  This bill is author-sponsored.  According to the  
            author, "The importance of water conservations and water-use  
            efficiency cannot be overstated as California faces its fourth  
            year of its worst drought in recorded history.  Despite  
            incredibly dire conditions, water continues to be wasted  
            throughout the state and there are existing opportunities to  
            conserve water and use water more efficiently. One such  
            opportunity is increasing the use of recycled water?. While  
            most recycled water in California is sourced from  
            municipal-level wastewater treatment plants, on-site water  
            recycling systems are an alternative option for those who do  
            not have easy access to municipally-sourced recycled water.   
            At the moment, there are no standards or testing and  
            monitoring requirements that are specifically tailored to  
            onsite recycled water systems. The existing standards, while  
            manageable for municipal wastewater treatment plants, are  
            burdensome for onsite systems and create a barrier to the use  
            of those systems in California.  In light of California's  
            water conservation goals as well as existing barriers to the  
            use of water-saving technologies, it is necessary to create  
            standards and testing/monitoring protocols that facilitate  
            recycled-water use while preserving health and safety  
            standards." 
          13)Background.  On April 1, 2015, Governor Brown issued  
            Executive Order B-29-15 with 31 directives to help California  
            respond to the drought.  Among other things, the State Water  
            Board is required to impose restrictions to achieve a  
            statewide 25% reduction in potable urban water usage, and  
            requires water suppliers to California's cities and towns to  
            reduce usage as compared to the amount used in 2013.  In  
            addition, the Executive Order directed the State Water Board  
            to impose restrictions to require that commercial, industrial,  
            and institutional properties, such as campuses and golf  
            courses, immediately implement water efficiency measures to  
            reduce potable water usage, as specified.  The order also  
            directed the California Energy Commission with the Department  
            of Water Resources and the State Water Board to deploy an  
            innovative Water Energy Technology program for businesses,  
            residents, industries, and agriculture by accelerating the use  








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            of cutting-edge technologies, including integrated onsite  
            reuse systems, recognizing the need to promote new approaches  
            to conserving water.  In addition, the order requires state  
            permitting agencies to prioritize review and approval of water  
            infrastructure projects and programs that increase local water  
            supplies, including water recycling facilities and stormwater  
            capture and graywater systems.  


          Recycled Water Policy.  Water recycling is emphasized in  
            California laws and policies as a way to alleviate water  
            scarcity concerns.  The recent order affirms the state's  
            commitment to promoting water recycling.  The 2009 California  
            Water Plan, developed by the Department of Water Resources,  
            promotes the use and reuse of water as one of its water  
            management strategies.  The State Water Board's Recycled Water  
            Policy also seeks to increase the use of recycled water from  
            municipal wastewater sources and adopted as one of its goals  
            the use of recycled water over 2002 levels by at least one  
            million acre-feet per year by 2020 and by at least two million  
            by 2030, and the substitution of as much recycled water for  
            potable water as possible by 2030.  In addition, the policy  
            provides direction to the Regional Water Quality Control  
            Boards on monitoring requirements for constituents of  
            emergency concern (CECs) in recycled municipal wastewater,  
            which are based on recommendations from a Science Advisory  
            Panel convened pursuant to the policy.  CECs are defined to be  
            chemicals in personal care products, pharmaceuticals including  
            antibiotics, antimicrobials; industrial, agricultural, and  
            household chemicals; hormones; food additives; transformation  
            products, inorganic constituents; and nanomaterials.   
            According to the State Water Board, when used in compliance  
            with the Recycled Water Policy, water recycling criteria in  
            Title 22 of the California Code of Regulations, and all  
            applicable state and federal water quality laws, recycled  
            water is safe for the approved uses.  The State Water Board  
            strongly supports recycled water as a safe alternative to  
            potable water for such approved uses. 









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            According to the author, potable water is used throughout  
            California for non-potable purposes which could safely be met  
            using non-potable recycled water, depending on the level of  
            treatment of the wastewater.  Many applications currently use  
            potable water for non-potable uses, such as industrial cooling  
            processes, landscapes, golf courses, food crop irrigation, and  
            toilet flushing.  According to a study by the California  
            Sustainability Alliance (Alliance), more than 60% of urban  
            water in southern California is used for non-potable  
            applications, such as outdoor irrigation, toilet flushing, and  
            cooling.  As a result, potable water in these applications can  
            be substituted with the appropriate quality of recycled water.  



            California's Water Recycling Criteria.  Most applications of  
            recycled water are sourced from municipal-level wastewater  
            treatment plants; however, onsite water recycling systems can  
            complement these larger plants in cases in which developing  
            recycled water distribution is expensive.  Under Chapter 3 of  
            Division 4 of Title 22 of the California Code of Regulations,  
            recycled water must be treated at appropriate levels of  
            disinfection including, for example, daily testing for certain  
            bacteria.  These requirements create on-going expense and  
            building operation considerations that reduce the  
            attractiveness of onsite water recycling.  These standards do  
            not take into account graywater (e.g. water from showers,  
            sinks, and laundry) and water that is treated and managed on a  
            single site, as opposed to blackwater, or water that may  
            contain raw sewage and that is transported from a treatment  
            plant to the point of use.  As a result, there are no  
            standards or testing and monitoring requirements that are  
            specifically tailored to onsite recycled water systems for  
            graywater and other water captured onsite.    


            This bill would promote the use of onsite recycled water by  
            requiring the State Water Board, to establish water quality  








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            standards and distribution, monitoring, and reporting  
            requirements for onsite water recycling systems for the use of  
            onsite recycled water in internal plumbing of residential and  
            commercial buildings.    


          14)Prior Related Legislation.  AB 2282 (Gatto), Chapter 606,  
            Statutes of 2014, required the Department of Housing and  
            Community Development to research, develop and propose to the  
            BSC mandatory building standards for the installation of  
            recycled water infrastructure in single-family and  
            multi-family dwellings, and required the BSC to research,  
            develop and adopt mandatory green building standards for the  
            installation of recycled water infrastructure in commercial  
            and public buildings.


          SB 1391 (Padilla) of 2008, sought to require the State Water  
            Board to adopt a statewide recycled water policy by January  
            31, 2009, and to make related recommendations.  NOTE: This  
            bill was vetoed by Governor Schwarzenegger who believed the  
            bill was unnecessary because " The SWRCB has already prepared  
            a draft Recycled Water Policy and is currently working with  
            stakeholders to reach consensus on the details of that policy,  
            which is expected to be approved in early 2009".  The State  
            Water Board has since adopted a statewide recycled water  
            policy.   


          ARGUMENTS IN SUPPORT: 


           Sierra Club California  writes in support, "Water recycling  
          within buildings can create real savings of water and energy as  
          water can be used for multiple purposes before needing to be  
          discharged.  For example, water from a shower can be  
          subsequently used for outdoor landscaping, preventing the need  
          for water suppliers to treat that much water to potable  
          standards.  [This bill] works to increase water recycling  








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          capabilities by creating a multi-agency stakeholder process to  
          facilitate the development of standards to make water recycling  
          possible.  This will help save water and energy in California  
          and should be encouraged." 


           Nexus eWater  writes in support, "[This bill] will help clarify  
          the regulatory climate and create clarity for those  
          manufacturers who would like to manufacture and market products  
          that could reduce water use by recycling treated graywater  
          produced from showers and laundry and reuse it for landscape or  
          toilet flushing?.Current California standards reference Title 22  
          as appropriate for all types of treated water.  It does not take  
          into account graywater particularly when treated and managed on  
          a single site.  Instead, it is a standard set for waste water  
          treated off-site that may contain raw sewage or  
          blackwater?However, water derived from the laundry, shower,  
          baths or sinks should not be subject to these testing and  
          treatment protocols?.California absolutely needs to establish  
          standards that are supported and enforced by local regulators in  
          order to promote the use of alternate water sources.  However,  
          these standards must recognize both the source of the water and  
          whether it is treated for reuse on or off site." 


          ARGUMENTS IN OPPOSITION:


          None on file. 


          REGISTERED SUPPORT:  


          California Building Industry Association  


          California Business Properties Association  









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          Sierra Club California 


          Nexus eWater 




          REGISTERED OPPOSITION:  
          None on file.




          Analysis Prepared by:Eunie Linden / B. & P. / (916) 319-3301