BILL ANALYSIS
SB 283
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 283
AUTHOR: DeSaulnier
AMENDED: March 31, 2009
FISCAL: Yes HEARING DATE: April 27, 2009
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : BUILDING STANDARDS: RECYCLED WATER
SUMMARY :
Existing law :
1) Requires the Department of Water Resources, on or before
July 1, 2008 and in consultation with Department of Public
Health (DPH), to adopt and submit to the Building Standards
Commission (BSC) regulations to establish a version of
Appendix J of the Uniform Plumbing Code for California for
design standards for both potable and recycled water
systems (Water Code 13557).
2) Establishes the BSC within the State and Consumer Services
Agency.
3) Requires all state agencies that adopt or propose adoption
of any building standard under the California Building
Standards Code to submit the building standard to the BSC
for review and approval or adoption.
4) States that, where no state agency has authority to adopt
building standards applicable to state buildings, the BSC
must adopt, approve, codify, and publish building standards
for the design and construction of state buildings.
5) Requires the Department of Housing and Community
Development (HCD) to propose the adoption, amendment, or
repeal of building standards to the BSC relating to hotels,
motels, lodging houses, apartment houses, and dwellings and
the buildings and structures accessory thereto.
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6) Requires the State Energy Resources Conservation and
Development Commission to prescribe building design and
construction standards as well as energy conservation
design standards that increase energy efficiency for new
residential and non-residential buildings.
This bill :
1)Repeals the requirement for DWR to propose building
standards for recycled water systems.
2)Requires BSC to adopt the above standards no later than July
1, 2010.
3)Repeals the requirement for DWR to propose building
standards for recycled water systems by July 1, 2008 if
funds are appropriated for that purpose.
4)Requires BSC to adopt building standards for recycled water
systems no later than July 1, 2010.
5)Requires BSC to base its standards on Chapter 16 of the
Uniform Plumbing Code but allows BSC to make any amendments
deemed appropriate.
6)Requires that the standards be consistent with the
requirements of the Porter-Cologne Water Quality Control
Act.
7)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.
8)Provides that BSC's standards shall apply to all
occupancies, including local buildings, until such time as
standards proposed by other state agencies for occupancies
under their jurisdiction become effective.
9)Clarifies that BSC and appropriate state agencies may revise
and update the recycled water standards at any time.
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COMMENTS :
1) Purpose of Bill . According to the author, this bill is
intended to hasten the adoption of appropriate Plumbing
Code provisions allowing more recycled water projects to
move forward at a time when California needs creative
solutions to its water supply problems.
2) Recycled Water . 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 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.
3) Green Building Code Development . The BSC, the HCD, the
Division of the State Architect and the Office of Statewide
Health Planning and Development developed a set of
standards for California buildings that they refer to as
their "green" building standards that were adopted in July
2008 and take effect in August 2009. Most of the
standards, especially with respect to non-residential
construction, are voluntary. The mandatory standards in
some cases reflect existing mandates. The BSC state they
intend to start work on a more stringent set of standards
to be adopted in 2010. Staff for the BSC state that the
second round will include a greater number of mandated
building features. Included in the code is 605 reserved
for Recycled and Graywater.
4) Funding Issues . The Legislature has not provided funding
to DWR to develop the regulations required pursuant to
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13557 of the Water Code. Supporters note that this lack
of resources caused DWR to miss the July 1, 2008 deadline.
Last year SB 1473 (Calderon) established a funding source
for building standard development with emphasis placed on
the development, adoption, publication, updating, and
educational efforts associated with green building
standards.
5) Amendments Needed . The Legislature never appropriated
money to DWR to undertake this regulation process. Rather
than strip DWR of its authority to develop and adopt
recycled water standards, a better approach is to allocate
resources to this important effort. The bill should be
amended to restore the DWR provisions; update the
completion date for the regulations to be July 1, 2010; and
allow funding from the source established pursuant to
18931.6 and 18931.7 of the HSC to be used to complete this
effort.
SOURCE : Irvine Ranch Water District
SUPPORT : Association of California Water Agencies
California Association of Sanitation Agencies
California Municipal Utilities Association
California Special Districts Association
California State Pipe Trades Council
East Bay Municipal Utility District
Eastern Municipal Water District
International Association of Plumbing and
Mechanical Officials
Los Virgenes Municipal Water District
Metropolitan Water District of Southern
California
Planning and Conservation League
Southern California Water Committee
WateReuse
Western Municipal Water District
OPPOSITION : None on file