BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 283
                                                                  Page  1

          Date of Hearing:   July 1, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   SB 283 (DeSaulnier) - As Amended:  May 12, 2009 

          Policy Committee:                              Water Parks and  
          Wildlife     Vote:                            10-0

          Urgency:     Yes                  State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill extends the date by which the Department of Water  
          Resources (DWR) must adopt regulations for potable and recycled  
          water systems.  Specifically, this bill: 

          1)Extends from July 1, 2008, to December 31, 2009, the date by  
            which DWR must adopt regulations specifying building design  
            standards for plumbing systems that use both potable and  
            recycled water.

          2)Requires DWR annually to review and update any such  
            regulations.

          3) Exempts the regulations adopted pursuant to this bill from  
            mandatory review by the California Water Commission.

           FISCAL EFFECT  

          1)One-time General Fund costs to DWR of approximately $50,000 to  
            complete development of standards and to adopt regulations.

          2)Minor, absorbable ongoing costs to review and update  
            regulations, as needed.

           COMMENTS  

           1)Rationale.   The author reports that resource constraints have  
            delayed DWR's development of the regulations described in this  
            bill, which are necessary to facilitate use of recycled water  
            in building plumbing systems.  The author contends that the  
            deadline extension authorized by the bill, along with the  








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            exemption to review of the regulations by the CWC, will allow  
            DWR to submit its regulations in time for incorporation in the  
            Building Standards Commission (BCS) standards for recycled  
            water systems.  

          2)Background.    

             a)   Recycled Water.   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 state has set a goal of one million  
               acre-feet of recycled water in use by 2010, with current  
               use estimated at about 600,000 acre-feet per year.  
               According to the Recycled Water Taskforce established by  
               DWR, barriers to achieving the 2010 target include a lack  
               of building standards to address potable and recycled water  
               systems in buildings.  

             b)   Building Standards Commission.   Current law charges the  
               BSC with reviewing and approving building standards  
               proposed and adopted by state agencies and with publishing  
               them in the state building standards code. BSC updates the  
               code annually.  

             c)   California Water Commission.   In 1957, the Legislature  
               created the California Water Commission, along with DWR,  
               mainly to operate the State Water Project.  The commission  
               is composed of nine members, appointed by the Governor, and  
               subject to Senate confirmation.  The original purpose of  
               the commission was annual review of progress of the State  
               Water Project construction.  The commission also reviewed  
               any regulations proposed by DWR.  The commission still  
               exists in statute; however, no members have served on the  
               commission for many years.  

          3)Related Legislation.   AB 371 (Goldberg, Chapter 590, Statutes  
            of 2001) required DWR to adopt standard regulations for  
            designing and installing piping for recycled water to  
            facilitate installation of recycled-water carrying "purple  
            pipe", thereby encouraging use of recycled water.  DWR has not  
            fully developed the recycled-water piping regulations, citing  
            budget and staffing constraints.  However, DWR began workshops  
            this year to develop the standards.  

          4)Supporters  , including many water agencies and some  








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            environmentalists, contend the extension and exemption this  
            bill provides to DWR will allow BCS to include recycled water  
            standards in its next building standards update.  There is no  
            registered opposition to this bill.  
           
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081