Amended in Senate August 5, 2014

Amended in Senate July 2, 2014

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 BillNo. 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 waterbegin delete infrastructure.end deletebegin insert systems.end insert

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, in consultation with other designated entities, to conduct research to assist in the development of, and tobegin delete propose the adoption, amendment, or repealend deletebegin insert submit for adoptionend insert by thebegin delete commission, ofend deletebegin insert commission of,end insert mandatory building standards for the installation of recycled waterbegin delete infrastructureend deletebegin insert systemsend insert 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 waterbegin delete pipingend deletebegin insert systems within residential buildings and building site landscaped areasend insert to areas within a local jurisdiction that meet specifiedbegin delete conditions, and to consider whether a service area plans to provide potable water prior to mandating the use of recycled water piping.end deletebegin insert conditions.end insert The bill would require the department to develop the application provisions in consultation with specified entities. The bill would define the term “recycled water” for these purposes.

This 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 waterbegin delete infrastructureend deletebegin insert systemsend insert 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:

P2    1

SECTION 1.  

Section 17921.5 is added to the Health and Safety
2Code
, to read:

3

17921.5.  

(a) For purposes of this section, “recycled water”
4has the same meaning as that term is defined in subdivision (n) of
5Section 13050 of the Water Code, and is consistent with the
6recycled water use criteria specified in Chapter 3 (commencing
7with Section 60301.100) of Division 4 of Title 22 of the California
8Code of Regulations.

9(b) (1) The department shall conduct research to assist in the
10development of mandatory building standards for the installation
P3    1of recycled waterbegin delete infrastructureend deletebegin insert systemsend insert for newly constructed
2single-family and multifamily residential buildings. In conducting
3this research, the department shall actively consult with the State
4Water Resources Control Board, the State Department of Public
5Health, and other interested parties, including, but not limited to,
6public water systems, recycled water producers, product
7manufacturers, local building officials, apartmentbegin insert and other rental
8propertyend insert
owners,begin delete certifiedend deletebegin insert California licensedend insert contractors, and the
9building industry.

10(2) In researching, developing, and proposing mandatory
11building standards under this section, the departmentbegin delete mayend deletebegin insert is
12authorized toend insert
expend funds from the Building Standards
13Administration Special Revolving Fund, upon appropriation
14pursuant to Section 18931.7.

15(3) Research conducted to propose building standards pursuant
16to this section shall include, but is not limited to, the following:

17(A) Potential outdoor applications for recycled water, consistent
18with the recycled water use criteria specified in Chapter 3
19(commencing with Section 60301.100) of Division 4 of Title 22
20of the California Code of Regulations.

21(B) Potential indoor applications for recycled water, consistent
22with the recycled water use criteria specified in Chapter 3
23(commencing with Section 60301.100) of Division 4 of Title 22
24of the California Code of Regulations. With respect to indoor
25applications, the department shall consider whether to adopt or
26recommend measuresbegin insert in addition to the current standards adopted
27in the California Plumbing Code in Title 24 of the California Code
28of Regulations end insert
to ensurebegin delete thatend deletebegin insert the safe installation ofend insert indoor
29recycled water pipingbegin delete is safely installed,end deletebegin insert or systems, end insert including,
30but not limited to, requiring purple pipe or special markings on
31recycled water piping that states clearly whether it is approved for
32indoor use, or recommending restrictions on who may purchase
33or install recycled water piping for indoor use.

34(C) The cost of various recycled waterbegin delete systems and
35infrastructure.end delete
begin insert systems.end insert

36(D) The estimated quantity of water savings under varying levels
37 of application of recycled water in residential buildings and
38begin deleteadjacent landscaping.end deletebegin insert building site landscaped areas.end insert

begin insert

39(4) The department may research standards for different types
40of water recycling systems, including noncentralized systems, to
P4    1the extent that they meet all of the health and safety standards
2specified in this section.

end insert

3(c) (1) The department shallbegin delete propose theend deletebegin insert submit forend insert adoptionbegin delete,
4amendment, or repeal by the California Building Standards
5Commission pursuant to Chapter 4 (commencing with Section
618935) of Part 2.5, ofend delete
mandatory building standards for the
7installation of recycled waterbegin delete infrastructureend deletebegin insert systemsend insert for newly
8constructed single-family residential and multifamily residential
9buildings. The department shall submit begin deletetheseend deletebegin insert theend insert proposed
10mandatory building standards to thebegin delete commissionend deletebegin insert California
11Building Standards Commission end insert
for consideration begin delete in the next
12regularly scheduled Intervening Code Cycle adopted after January
131, 2017.end delete
begin insert during the 2016 Intervening Code Adoption Cycle, and
14may amend these mandatory standards as necessary in future code
15adoption cycles, consistent with the recycled water use criteria
16specified in Chapter 3 (commencing with Section 60301.100) of
17Division 4 of Title 22 of the California Code of Regulations.end insert

18(2) When developing the application provisions for the
19mandatory building standards, the department shall limit the
20mandate to install recycled waterbegin delete pipingend deletebegin insert systems within residential
21buildings and building site landscaped areasend insert
to only those areas
22within a local jurisdiction that have feasible and cost-efficient
23access to a water recycling facility, or that have been identified by
24the local jurisdiction within a planned service area for the provision
25of recycled water for which a specific implementation timeline
26has been identified by the public water system in its most recent
27urban water management plan.

28(3) The mandate to install recycled water piping shall not apply
29to service areas in which the only recycled water use is for potable
30purposes, or in which net nonpotable deliveries are anticipated to
31remain level or decrease as a result of the potable reuse project.

begin delete

32(4) The department shall consider whether a service area plans
33to provide potable water prior to mandating the use of recycled
34water piping.

end delete
begin delete

35(5)

end delete

36begin insert(4)end insert The department shall develop the application provisions for
37the mandatory building standards required under paragraph (1),
38in consultation with the State Water Resources Control Board,
39public water systems, recycled water producers, and water research
40 associations.

begin delete

P5    1(6)

end delete

2begin insert(5)end insert A city, county, or city and county, in consultation with the
3public water system and recycled water producer, may further
4reduce the area for which the mandate to install recycled water
5piping applies, if the local public water system or recycled water
6producer finds that providing recycled water to an area is not
7feasible or cost effective.

8

SEC. 2.  

Section 18940.6 is added to the Health and Safety
9Code
, to read:

10

18940.6.  

(a) For purposes of this section, “recycled water”
11has the same meaning as that term is defined in subdivision (n) of
12Section 13050 of the Water Code, and is consistent with the
13recycled water use criteria specified in Chapter 3 (commencing
14with Section 60301.100) of Division 4 of Title 22 of the California
15Code of Regulations.

16(b) (1) The California Building Standards Commission shall
17conduct research to assist in the development of mandatory green
18building standards for the installation of recycled water
19begin deleteinfrastructureend deletebegin insert systemsend insert for newly constructed commercial and public
20buildings, in consultation with the State Water Resources Control
21Board and other interested parties, including, but not limited to,
22public water systems, recycled water producers, product
23manufacturers, local building officials, apartmentbegin insert and other rental
24propertyend insert
owners,begin delete certifiedend deletebegin insert California licensedend insert contractors, and the
25building industry.

26(2) In researching, developing, and proposing mandatory
27building standards under this section, the commissionbegin delete mayend deletebegin insert is
28authorized toend insert
expend funds from the Building Standards
29Administration Special Revolving Fund, upon appropriation
30pursuant to Section 18931.7.

31(3) Research conducted in order to propose building standards
32pursuant to this section shall include, but is not limited to, the
33following:

34(A) Potential outdoor applications for recycled water, consistent
35with the recycled water use criteria specified in Chapter 3
36(commencing with Section 60301.100) of Division 4 of Title 22
37of the California Code of Regulations.

38(B) Potential indoor applications for recycled water, consistent
39with the recycled water use criteria specified in Chapter 3
40(commencing with Section 60301.100) of Division 4 of Title 22
P6    1of the California Code of Regulations. With respect to indoor
2applications, the commission shall consider whether to adopt or
3recommend measuresbegin insert in addition to the current standards adopted
4in the California Plumbing Code in Title 24 of the California Code
5of Regulations,end insert
to ensurebegin delete thatend deletebegin insert the safe installation ofend insert indoor
6recycled water pipingbegin delete is safely installed,end deletebegin insert or systems,end insert including, but
7not limited to, requiring purple pipe or special markings on
8recycled water pipingbegin insert or systemsend insert that states clearly whether it is
9approved for indoor use, or recommending restrictions on who
10may purchase or install recycled water piping for indoor use.

11(C) The cost of various recycled waterbegin delete systems and
12infrastructure.end delete
begin insert systems.end insert

13(D) The estimated quantity of water savings under varying levels
14of application of recycled water in commercial and public buildings
15andbegin delete adjacent landscaping.end deletebegin insert building site landscaped areas.end insert

begin insert

16(4) The department may research standards for different types
17of water recycling systems, including noncentralized systems, to
18the extent that they meet all of the health and safety standards
19specified in this section.

end insert

20(c) (1) The commission shallbegin delete develop andend delete adopt mandatory
21building standards for the installation of recycled water
22begin delete infrastructureend deletebegin insert systemsend insert for newly constructed commercial and public
23begin deletebuildings in the next regularly scheduledend deletebegin insert buildings. The commission
24shall consider the proposed mandatory building standards during
25the 2016end insert
Intervening Codebegin delete Cycle adopted after January 1, 2017.end delete
26begin insert Adoption Cycle and may amend these mandatory standards as
27necessary in future code adoption cycles, consistent with the
28recycled water use criteria specified in Chapter 3 (commencing
29with Section 60301.100) of Division 4 of Title 22 of the California
30Code of Regulations.end insert

31(2) When developing the application provisions for the
32mandatory building standards, the commission shall limit the
33mandate to install recycled waterbegin delete pipingend deletebegin insert systems within residential
34buildings and building site landscaped areasend insert
to only those areas
35within a local jurisdiction that have feasible and cost-efficient
36access to a water recycling facility, or that have been identified by
37the local jurisdiction within a planned service area for the provision
38of recycled water for which a specific implementation timeline
39has been identified by the public water system in its most recent
40urban water management plan.

P7    1(3) The mandate to install recycled water piping shall not apply
2to service areas in which the only recycled water use is for potable
3purposes, or in which net nonpotable deliveries are anticipated to
4remain level or decrease as a result of the potable reuse project.

begin delete

5(4) The commission shall consider whether a service area plans
6to provide potable water prior to mandating the use of recycled
7water piping.

end delete
begin delete

8(5)

end delete

9begin insert(4)end insert The commission shall develop the application provisions
10for the mandatory building standards required under paragraph (1)
11in consultation with the State Water Resources Control Board,
12public water systems, recycled water producers, and water research
13 associations.

begin delete

14(6)

end delete

15begin insert(5)end insert A city, county, or city and county, in consultation with the
16public water system and recycled water producer, may further
17reduce the area for which the mandate to install recycled water
18piping applies, if the local public water system or recycled water
19producer finds that providing recycled water to an area is not
20feasible or cost effective.



O

    93