Amended in Assembly May 8, 2014

Amended in Assembly April 24, 2014

Amended in Assembly April 21, 2014

Amended in Assembly March 24, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2282

Introduced by Assembly Member Gatto

February 21, 2014

An act to add Sections 17921.5 and 18940.6 to the Health and Safety Code, relating to building standards.

LEGISLATIVE COUNSEL’S DIGEST

AB 2282, as amended, Gatto. Building standards: recycled water infrastructure.

The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. In the absence of a designated state agency, the commission is required to adopt specific building standards, as prescribed. Existing law requires the commission to publish, or cause to be published, editions of the California Building Standards Code in its entirety once every 3 years. Existing law requires the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the commission and to adopt, amend, and repeal other rules and regulations for the protection of the public health, safety, and general welfare of the occupants and the public involving buildings and building construction.

This bill would require the department begin insert , end insert in consultation with other designated entities, to conduct research to assist in the development of, and to propose the adoption, amendment, or repeal by the commission, of mandatory building standards for the installation of recycled water infrastructure for newly constructed single-family and multifamily residential buildings. The bill would authorize the department to expend funds from the existing Building Standards Administration Special Revolving Fund for this purpose, upon appropriation. The bill would require the department to limit the mandate to install recycled water piping to areas within a local jurisdiction that meet specified conditions, and to consider whether a service area plans to provide potable water prior to mandating the use of recycled water piping. The bill would require the begin delete department end delete begin insert commission end insert to seek advice from specified entities when developing the application provisions for the mandatory building standards. The bill would require the commission to undertake identical research and activities with respect to development of mandatory green building standards for the installation of recycled water infrastructure for newly constructed commercial and public buildings.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 17921.5 is added to the Health and Safety
Code, to read:

17921.5.  

(a) (1) The department shall conduct research to
assist in the development of mandatory building standards for the
installation of recycled water infrastructure for newly constructed
single-family and multifamily residential buildings. In conducting
this research, the department shall actively consult with the State
Water Resources Control Board, the State Department of Public
Health, and other interested parties, including, but not limited to,
public water systems, recycled water producers, product
manufacturers, local building officials, apartment owners, certified
contractors, and the building industry.

(2) In researching, developing, and proposing mandatory
building standards under this section, the department may expend
funds from the Building Standards Administration Special
Revolving Fund, upon appropriation pursuant to Section 18931.7.

(3) Research conducted to propose building standards pursuant
to this section shall include, but is not limited to, the following:

(A) Potential outdoor applications for recycled water, including
drip and sprinkler irrigation and use in certain aesthetic water
features.

(B) Potential indoor applications for recycled water, including
use in toilets, washing machines, or both. With respect to indoor
applications, the department shall consider whether to adopt or
recommend measures to ensure that indoor recycled water piping
is safely installed, including, but not limited to, requiring purple
pipe begin insert or end insert special markings on recycled water piping that states clearly
whether it is approved for indoor use, or recommending restrictions
on who may purchase or install recycled water piping for indoor
use.

(C) The cost of various recycled water systems and
infrastructure.

(D) The estimated quantity of water savings under varying levels
of application of recycled water in residential buildings and
adjacent landscaping.

(b) (1) The department shall propose the adoption, amendment,
or repeal by the California Building Standards Commission
pursuant to Chapter 4 (commencing with Section 18935) of Part
2.5, of mandatory building standards for the installation of begin delete future end delete
recycled water infrastructure for begin insert newly constructed end insert single-family
residential and multifamily residential buildings. The department
shall submit these proposed mandatory building standards to the
commission for consideration in the next regularly scheduled
Intervening Code Cycle adopted after January 1, 2017.

(2) When developing the application provisions for the
mandatory building standards, the department shall limit the
mandate to install recycled water piping to only those areas within
a local jurisdiction that have feasible and cost-efficient access to
a water recycling facility, or that have been identified by the local
jurisdiction within a planned service area for the provision of
recycled water for which a specific implementation timeline has
been identified by the public water system in its most recent urban
water management plan.

(3) The department shall consider whether a service area plans
to provide potable water prior to mandating the use of recycled
water piping.

(4) In developing the mandatory building standards required
under paragraph (1), the department shall consider the definition
for recycled water as established in begin delete Section 60301 end delete begin insert Article 1
(commencing with Section 60301.100) of Chapter 3 of Division 4 end insert
of Title 22 of the California Code of Regulations.

(5) The department shall seek advice from the State Department
of Public Health, the Department of Water Resources, the State
Water Resources Control Board, public water systems, recycled
water producers, and water research associations when developing
the application provisions for the mandatory building standards
required under paragraph (1).

(6) A city, county, or city and county, in consultation with the
public water system and recycled water producer, may further
reduce the area for which the mandate to install recycled water
piping applies, if the local public water system or recycled water
producer finds that providing recycled water to an area is not
feasible or cost effective.

SEC. 2.  

Section 18940.6 is added to the Health and Safety
Code, to read:

18940.6.  

(a) (1) The California Building Standards
Commission shall conduct research to assist in the development
of mandatory green building standards for the installation of
recycled water infrastructure for newly constructed commercial
and public buildings. In conducting this research, the commission
shall actively consult with the State Water Resources Control
Board, the State Department of Public Health, and other interested
parties, including, but not limited to, public water systems, recycled
water producers, product manufacturers, local building officials,
apartment owners, certified contractors, and the building industry.

(2) In researching, developing, and proposing mandatory
building standards under this section, the commission may expend
funds from the Building Standards Administration Special
Revolving Fund, upon appropriation pursuant to Section 18931.7.

(3) Research conducted in order to propose building standards
pursuant to this section shall include, but is not limited to, the
following:

(A) Potential outdoor applications for recycled water, including
drip and sprinkler irrigation and use in certain aesthetic water
features.

(B) Potential indoor applications for recycled water, including
use in toilets, washing machines, or both. With respect to indoor
applications, the commission shall consider whether to adopt or
recommend measures to ensure that indoor recycled water piping
is safely installed, including, but not limited to, requiring purple
pipe or special markings on recycled water piping that states clearly
whether it is approved for indoor use, or recommending restrictions
on who may purchase or install recycled water piping for indoor
use.

(C) The cost of various recycled water systems and
infrastructure.

(D) The estimated quantity of water savings under varying levels
of application of recycled water in commercial and public buildings
and adjacent landscaping.

(b) (1) The begin delete Building Standards Commission end delete begin insert commission end insert shall
develop and adopt mandatory building standards for the installation
of begin delete future end delete recycled water infrastructure for begin insert newly constructed end insert
commercial and public buildings in the next regularly scheduled
Intervening Code Cycle adopted after January 1, 2017.

(2) When developing the application provisions for the
mandatory building standards, the commission shall limit the
mandate to install recycled water piping to only those areas within
a local jurisdiction that have feasible and cost-efficient access to
a water recycling facility, or that have been identified by the local
jurisdiction within a planned service area for the provision of
recycled water for which a specific implementation timeline has
been identified by the public water system in its most recent urban
water management plan.

(3) The commission shall consider whether a service area plans
to provide potable water prior to mandating the use of recycled
water piping.

(4) In developing the mandatory building standards required
under paragraph (1), the department shall consider the definition
for recycled water as established in begin delete Section 60301 end delete begin insert Article 1
(commencing with Section 60301.100) of Chapter 3 of Division 4 end insert
of Title 22 of the California Code of Regulations.

(5) The begin delete department end delete begin insert commission end insert shall seek advice from the State
Department of Public Health, the Department of Water Resources,
the State Water Resources Control Board, public water systems,
recycled water producers, and water research associations when
developing the application provisions for the mandatory building
standards required under paragraph (1).

(6) A city, county, or city and county, in consultation with the
public water system and recycled water producer, may further
reduce the area for which the mandate to install recycled water
piping applies, if the local public water system or recycled water
producer finds that providing recycled water to an area is not
feasible or cost effective.