BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 283
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: desaulnier
VERSION: 3/31/09
Analysis by: Mark Stivers FISCAL: yes
Hearing date: April 14, 2009
SUBJECT:
Building standards: plumbing for recycled water systems
DESCRIPTION:
This bill requires the Building Standards Commission to adopt
building standards for recycled water systems and applies the
standards to all occupancies until such time as standards
proposed by other state agencies for occupancies under their
jurisdiction become effective.
ANALYSIS:
The California Building Standards Law defines building
standards, establishes the California Building Standards
Commission (BSC), and sets the process for adopting state
building codes. Under this process, relevant state agencies
propose amendments to model building codes, which the BSC must
then adopt, modify, or reject. For example, the Department of
Housing and Community Development is the relevant state agency
for residential building codes. The Office of Statewide Health
Planning and Development is responsible for hospitals and
clinics, and Division of the State Architect is the relevant
agencies 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.
Recycled water is highly treated wastewater from various sources
such as domestic sewage, industrial wastewater, and storm water
runoff. Most recycled water treatment plants produce tertiary
treated water, meaning the water has been through three levels
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of treatment including filtration and disinfection.
Tertiary-treated recycled water can be used outdoors for
landscape, agricultural irrigation, car washing, fish ponds,
fire fighting, groundwater recharge, fountains, and recreational
lakes where swimming is allowed. Tertiary-treated recycled
water can be used indoors for toilet and urinal flushing and to
prime drain traps. Recycled water must be delivered through a
plumbing system that is separate from the system carrying
potable water. In addition, all pipes and equipment conveying
recycled water must be purple or have purple markings as a
universal sign to prevent cross connection with potable
supplies.
Current law declares that the use of potable domestic water for
non-potable uses, including toilet and urinal flushing, is a
waste of water if recycled water is available. The law
establishes a goal of recycling one million acre-feet of water
per year by the year 2010. Current law also requires the
Department of Water Resources (DWR), by July 1, 2008 if the
Legislature appropriated funds for that purpose, to propose for
adoption by BSC building standards for the dual plumbing of
buildings with both potable and recycled water systems. DWR
never received an appropriation from the Legislature for this
purpose, and the standards have not been proposed.
This bill repeals the requirement for DWR to propose building
standards for recycled water systems and instead requires BSC to
adopt such standards no later than July 1, 2010. Specifically,
the bill:
Repeals the requirement for DWR to propose building standards
for recycled water systems by July 1, 2008 if funds are
appropriated for that purpose.
Requires BSC to adopt building standards for recycled water
systems no later than July 1, 2010.
Requires BSC to base its standards on Chapter 16 of the
Uniform Plumbing Code but allows BSC to make any amendments
deemed appropriate.
Requires that the standards be consistent with the
requirements of the Porter-Cologne Water Quality Control Act.
Requires BSC to consider the recommendations of DWR's Recycled
Water Task Force and authorizes BSC to consult with DWR, the
Department of Public Health, and any other appropriate
agencies.
Provides that BSC's standards shall apply to all occupancies,
including local buildings, until such time as standards
SB 283 (DESAULNIER) Page 3
proposed by other state agencies for occupancies under their
jurisdiction become effective.
Clarifies that BSC and appropriate state agencies may revise
and update the recycled water standards at any time.
COMMENTS:
1.Purpose of the bill . According to the author, California
currently has no standards for the design and construction of
indoor recycled water systems, leaving the future of existing
and planned dual-plumbed buildings across the state uncertain.
By assigning the task to an agency whose sole purpose is the
adoption of building codes and that can more easily
incorporate dual plumbing standards into its existing
workload, this bill will hasten adoption of appropriate
building standards, permitting more recycled water projects to
move forward at a time when California needs creative
solutions to its water supply problems.
2.Fulfilling the recommendations of the report . As a result of
AB 331 (Goldberg) Chapter 590, Statutes of 2001, DWR convened
a Recycled Water Task Force to identify constraints and
impediments to increasing the use of recycled water and to
provide recommendations on achieving the statutory statewide
goal of recycling one million acre-feet of water per year by
the year 2010. In June 2003, the task force released its
report entitled "Water Recycling 2030" that recommended the
following:
Increased state funding for recycling facilities.
Increased public participation in planning water
recycling projects.
Development of education curricula for public schools.
A state-sponsored media campaign to promote the use of
recycled water.
Adoption of building standards to address potable and
recycled water systems in buildings.
Identification of needs for enhancing local and state
health regulations associated with recycled water use.
Reducing restrictions on local ability to ban or
regulate water softeners.
Increased research funding.
Changing the symbol labeling recycled water.
By facilitating the development of building standards for the
dual plumbing of buildings, this bill seeks to fulfill one of
SB 283 (DESAULNIER) Page 4
the recommendations of the report.
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
April 8, 2009)
SUPPORT: Irvine Ranch Water District (sponsor)
Association of California Water Agencies
California Municipal Utilities Association
California Special Districts Association
Eastern Municipal Water District
Planning and Conservation League
Western Municipal Water District
OPPOSED: None received.