BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 283
                                                                  Page  1


          SENATE THIRD READING
          SB 283 (DeSaulnier)
          As Amended  May 12, 2009
          2/3 vote.  Urgency

           SENATE VOTE  :35-1  
           
           WATER, PARKS & WILDLIFE         10-0                 
          APPROPRIATIONS      15-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Huffman, Fuller,          |Ayes:|De Leon, Nielsen,         |
          |     |Arambula,                 |     |Ammiano, Coto, Davis,     |
          |     |Tom Berryhill,            |     |Duvall, Fuentes, Hall,    |
          |     |Blumenfield, Caballero,   |     |Harkey, Miller, John A.   |
          |     |Bonnie Lowenthal,         |     |Perez, Skinner, Solorio,  |
          |     |John A. Perez, Salas,     |     |Audra Strickland,         |
          |     |Yamada                    |     |Torlakson                 |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Extends deadline and allows greater flexibility for  
          Department of Water Resources (DWR) to recommend changes to  
          plumbing regulations for recycled water piping.  Specifically,  
           this bill  :   

          1)Extends the date the DWR is required to submit regulations to  
            the Building Standards Commission (BSC) to establish a version  
            of Appendix J of the Uniform Plumbing Code for California for  
            design standards for both potable and recycled water systems  
            from July 1, 2008 to December 31, 2009.

          2)Requires DWR, commencing July 1, 2011, and annually  
            thereafter, to review and update, as necessary, the  
            regulations.

          3)Repeals limitation on DWR fulfilling this requirement only if  
            the Legislature appropriates funding.

          4)Allows DWR to adopt and submit the proposed regulations to BSC  
            without first obtaining approval from the California Water  
            Commission. 

          5)Contains an urgency clause, allowing this bill to take effect  








                                                                  SB 283
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            immediately upon enactment.

           EXISTING LAW  :

          1)Requires DWR, 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 Section 13557).  

          2)Requires DWR to obtain Water Commission approval before  
            adoption of regulations.  

          3)Provides that use of potable domestic water for toilet and  
            urinal flushing in structures is a waste or an unreasonable  
            use of water if recycled water, for this use, is available to  
            the residents and determined by the state board after notice  
            and a hearing.

           FISCAL EFFECT  :   Assembly Appropriations Committee estimates  
          one-time General Fund costs to DWR of approximately $50,000 to  
          complete development of standards.
           COMMENTS  :   State law sets a statewide target of one million  
          acre-feet of recycled water use by 2010.  Despite state and  
          local efforts, recycled water use now stands at approximately  
          600,000 acre feet.  According to the Recycled Water Task Force,  
          California has the potential to recycle up to 1.5 million  
          acre-feet per year of water by the year 2030.  In recent years,  
          the Legislature has passed various bills to encourage recycled  
          water, including AB 371 (Goldberg), Chapter 541, Statutes of  
          2006, which required DWR to adopt standard regulations for  
          designing and installing piping for recycled water (purple  
          pipe).  SB 283 would extend the deadline for completing those  
          purple pipe regulations.  Such regulations would make it easier  
          for plumbers to install purple pipe, thereby encouraging and  
          making recycled water more widely available.  

          DWR has not developed the recycled-water piping regulations,  
          citing budget and staffing constraints.  According to the  
          author, DWR began workshops, this year, on the indoor recycled  
          water standards, in cooperation with the Build Standards  
          Commission's 2009 code adoption cycle.  In the Senate, DWR  
          requested an exemption from the legal requirement that it obtain  








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          California Water Commission approval of regulations, because the  
          Water Commission currently has no members appointed.  With the  
          enactment of this urgency bill, DWR would have until the end of  
          this year to submit those regulations to the Building Standards  
          Commission.


           Analysis Prepared by  :    Alf W. Brandt / W., P. & W. / (916)  
          319-2096 


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