BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1463


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          ASSEMBLY THIRD READING


          AB  
          1463 (Gatto)


          As Introduced  February 27, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                 |Noes                 |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Water           |15-0  |Levine, Bigelow,     |                     |
          |                |      |Dahle, Dodd, Beth    |                     |
          |                |      |Gaines,              |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |                |      |Cristina Garcia,     |                     |
          |                |      |Gomez, Gray, Harper, |                     |
          |                |      |Lopez, Mathis,       |                     |
          |                |      |Medina, Rendon,      |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |                |      |Ridley-Thomas,       |                     |
          |                |      |Williams             |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Business &      |14-0  |Bonilla, Jones,      |                     |
          |Professions     |      |Baker, Bloom, Burke, |                     |
          |                |      |Chang, Dodd, Eggman, |                     |
          |                |      |Gatto, Holden,       |                     |
          |                |      |Mullin, Ting, Wilk,  |                     |
          |                |      |Wood                 |                     |








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          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Appropriations  |17-0  |Gomez, Bigelow,      |                     |
          |                |      |Bonta, Calderon,     |                     |
          |                |      |Chang, Daly, Eggman, |                     |
          |                |      |Gallagher,           |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |                |      |Eduardo Garcia,      |                     |
          |                |      |Gordon, Holden,      |                     |
          |                |      |Jones, Quirk,        |                     |
          |                |      |Rendon, Wagner,      |                     |
          |                |      |Weber, Wood          |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
           ------------------------------------------------------------------- 


          SUMMARY:  Requires that the State Water Resources Control Board  
          (State Water Board), in consultation with the State Department of  
          Public Health (DPH), the California Building Standards Commission  
          (BSC), and stakeholders, develop standards that are protective of  
          public health, safety, and the environment for reusing graywater,  
          rainwater, and other water at the same location that it is  
          captured, also called onsite water reuse.  


          EXISTING LAW:  


          1)Establishes the Porter-Cologne Water Quality Control Act giving  
            authority to the State Water Board over state water rights and  
            water quality policy.


          2)Designates the State Water Board with the primacy to enforce  
            federal and state safe drinking-water acts and regulatory  
            responsibility for oversight of 8,000 public water systems  
            throughout the state.








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          3)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." 


          4)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 million acre-feet of water per  
            year by the year 2010.  The State Water Board updated these  
            goals to 1 million acre feet per year above 2002 levels by 2020  
            and by at least 2 million acre feet per year by 2030.


          5)Required DPH to establish uniform statewide recycling criteria  
            for each type of use of recycled water use, as specified. These  
            duties transitioned to the State Water Board on July 1, 2014. 


          6)Required DPH to:  a) adopt regulations regarding groundwater  
            replenishment with recycled water; b) adopt regulations  
            regarding surface water augmentation with recycled water; and,  
            c) report to the Legislature on the feasibility of developing  
            uniform water recycling criteria for direct potable reuse.   
            These duties transitioned to the State Water Board on July 1,  
            2014. 


          7)Required the State Water Board adopt a general permit for  
            landscape irrigation use of recycled water. 


          8)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. 








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


          10)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, etc. 


          11)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. 


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


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee: 


          1)Increased first year costs of $615,000 (General Fund (GF)) and  
            ongoing annual costs of $420,000 for State Water Board to  
            establish, monitor and enforce the standards.


          2)Increased costs for DPH to consult in the development of the  








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            program of $150,000 (GF).


          3)Increased costs for BSC to consult in the development of the  
            program of $150,000 (GF).


          COMMENTS:  This bill requires the State Water Board to spearhead a  
          process for the development of standards that will encourage the  
          safe use of onsite water.


          California is now experiencing its fourth consecutive year of  
          drought.  On April 1, 2015, Governor Jerry Brown issued Executive  
          Order B-29-15 with 31 directives intended to help California  
          respond to a drought State of Emergency.  Directive 17 is for the  
          California Energy Commission, the Department of Water Resources,  
          and the State Water Board to deploy an innovative Water Energy  
          Technology (WET) program for businesses, residents, industries and  
          agriculture by accelerating the use of cutting-edge technologies.   
          The Governor includes integrated on-site reuse systems among those  
          technologies.


          The author states that this bill is needed because water  
          conservation and water-use efficiency cannot be overstated as  
          California faces the fourth year of the worst drought in 1000  
          years.  The author adds that despite incredibly dire conditions,  
          water continues to be wasted through the state and there are  
          existing opportunities to conserve water and use it more  
          efficiently, including increasing the use of recycled water.  


          Supporters add that this bill is a worthy successor to last year's  
          AB 2282 (Gatto) Chapter 606, Statutes of 2014, which required the  
          Department of Housing and Community Development, in consultation  
          with other designated entities, to conduct research to assist in  
          the development, and submission for adoption, of mandatory  
          building standards for the installation of recycled water systems  








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          for newly-constructed single-family and multifamily residential  
          buildings.  Supporters state that this bill seeks to clear  
          barriers to responsible onsite water recycling and that this bill  
          will help California to make a new normal that is better and more  
          sustainable by putting fresh, potable water to its best use and  
          employing near potable recycled water for other uses.  Supporters  
          maintain that this bill will spark a transformation in how well  
          buildings use water, and will literally create the basic plumbing  
          for a new generation of innovative filtration and storage  
          projects.


          There is no known opposition to this bill. 




          Analysis Prepared by:                                               
                          Tina Leahy / W., P., & W. / (916) 319-2096  FN:  
          0000774