BILL ANALYSIS �
AB 2282
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Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Ed Chau, Chair
AB 2282 (Gatto) - As Amended: March 24, 2014
SUBJECT : Building standards: recycled water infrastructure
SUMMARY : Directs the California Building Standards Commission
(CBSC) to adopt mandatory building standards for the
installation of recycled water infrastructure in commercial and
public buildings and single- and multi-family dwellings, in
areas where there is or will be access to a water recycling
facility. Specifically, this bill :
1)Directs the Department of Housing and Community Development
(HCD) to research and assist in the development of mandatory
building standards for the installation of future recycled
water infrastructure in single- and multi-family residential
buildings for consideration in the 2017 triennial building
standards cycle.
2)Directs the CBSC to research and assist in developing
mandatory building standards for the installation of recycled
water infrastructure in commercial and public buildings.
3)Limits the application of mandatory building standards to
those areas where a local jurisdiction has feasible and
cost-efficient access to a water recycling facility or those
areas where a specific timeline has been identified for the
provision of recycled water by a water recycling facility.
4)Directs HCD and CBSC to consult with the State Water Resources
Control Board and other interested parties including local
water utility companies, product manufacturers, local building
officials, apartment owners, certified contractors, and the
building industry.
5)Allows HCD and CBSC to expend funds from the Building
Standards Administration Special Revolving Fund to develop the
standards.
6)Requires the research HCD and CBSC conducts to develop the
mandatory building standards to include but not be limited to:
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a) Potential outdoor application including drip and
sprinkler irrigation and use in certain aesthetic water
features;
b) Potential indoor application including toilets and
washing machines;
c) For indoor application, whether to adopt or recommend
measures to ensure that indoor water piping is safety
installed including requiring special markings on recycled
water pipes that state clearly whether it is approved for
indoor use;
d) Recommend restrictions on who may purchase or install
recycled water piping for indoor use.
e) The cost of various recycled water systems and
infrastructure; and
f) Estimated quality of water savings under varying levels
of recycled water in residential buildings and adjacent
landscaping.
1)Requires HCD and CBSC to consider whether a service area plan
provides direct potable water prior to mandating the use of
recycled water piping.
EXISTING LAW
1)Authorizes CBSC to approve and adopt building standards.
Every three years building standards rulemaking is undertaken
to revise and update the California Building Standards Code
(BSC). (Title 24 of the California Code of Regulations)
2)Directs HCD to propose the adoption, amendment, or repeal of
building standards to the CBSC for all hotels, motels, lodging
houses, apartment houses, and dwellings. (Health & Safety Code
Section 17921)
3)Allows a governing body, city or county to make modifications
to the BSC if they make express findings that such a
modification or change is necessary because of local climatic,
geological, or topographical conditions. (Health & Safety Code
Section 17958.7)
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FISCAL EFFECT : Unknown.
COMMENTS :
The California Building Standards Law establishes the CBSC and
the process for adopting state building standards. Statewide
building standards are intended to provide uniformity in
building across the state. State law specifies which
departments are responsible for developing and proposing
building standards. When there is no designated department then
the CBSC is responsible. HCD is responsible for single family
and multi-family dwellings.
There are a few exemptions, which allow a local governing body,
city, or county to modify state building standards. A local
governing body, city, or county can adopt an ordinance or a
resolution in a public meeting that finds that a local building
standard must be modified from the state building standard
because of local climatic, geological or topographical
conditions and file that ordinance with the CBSC. The CBSC
reviews the findings of the ordinance to determine if the local
governing body followed the correct procedure.
HCD proposed and CBSC adopted building standards for graywater
systems for residential indoor and outdoor use. HCD conducted an
extensive outreach and public participation process to develop
the proposed standards, and the CBSC adopted these standards on
July 30, 2009. In 2010, SB 518 (Lowenthal), Chapter 622,
required the CBSC to adopt, as specified, non-residential
building standards for graywater systems for indoor and outdoor
use.
Recycled water : According to a 2009 study, 51 out of the 58
counties recycle municipal wastewater. In general, the highest
countywide volumes of recycled water occur in parts of the state
where local water resources are strained, population densities
are high, or wastewater disposal is problematic. The state is
committed to a 20% reduction in per capital water use by 2020.
There are currently no statewide building standards requiring
installation of recycled water infrastructure in existing or new
buildings. Buildings can only use recycled water if they have a
second set of plumbing called "purple pipes" dedicated to
recycled water.
Purpose of the bill : According to the author, "recycled water
has been a popular option for many cities seeking an alternative
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to expensive imported water. In several cities, recycled water
has been approved for irrigation and other non- potable uses.
Though recycled water plays a crucial role in the future water
plans of most California cities, there has been little effort in
preparing the commercial and residential building stock for
recycled water use." AB 2282 would require HCD and CBSC, in
consultation with the Department of Water Resources, to develop
mandatory standards for recycled water infrastructure for cities
that have access to or plan to construct recycled water
facilities.
Application of building standards: The mandatory building
standards required by AB 2282 are limited in application by the
type of building and location. The bill requires that future
recycled water infrastructure be limited to single- and
multi-family dwellings and public and commercial buildings. In
addition, the mandatory standards would only apply to
jurisdictions where there is feasible and cost-efficient access
to a water recycling facility or the jurisdiction is in an area
where there is a plan to provide a facility. The committee may
wish to clarify further that the bill only applies to "newly
constructed" buildings rather than to "future" installation of
recycled water infrastructure.
Definition of recycled water: Title 22 of the California Code
of Regulations contains standards and uses for recycled water
from a municipal source, and identifies multiple levels of
recycled wastewater treatment and appropriate uses for each
treatment level. AB 2282 does not include a definition of
recycled water. Since the bill is requiring building standards
for both outdoor and indoor use the committee way wish to
reference the Title 22 definition of recycled water to give
direction to HCD and CBSC, but also give the option of using one
of the three levels of treatment appropriate for the use.
Committee amendments :
1)On page 2, line five, delete "future"
2)On page 2, line 5 insert "newly constructed" before
"single-family"
3)On page 3, line 11, delete "natures" and insert "measures"
4)On page 4, line 13, delete "direct"
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5)On Page 4, between line 14 and 15, insert the following
language:
(b)(4) In developing the building standards required by
section (b)(1), the Department shall consider the definitions
for "recycled water" as established in CCR Title 22, Section
60301.
6)On page 6, line 2 delete "direct"
7)On Page 6, after line 3, insert the following language:
(b)(4) In developing the building standards required by
section (b) (1), the commission shall consider the definitions
for "recycled water" as established in CCR Title 22, Section
60301.
8)On page 4, line 18 delete "future"
9)On page 4, line 20 inert "newly constructed" before
"commercial"
Double referred : If AB 2282 passes out of this committee, the
bill will be referred to the Committee on Business, Professions,
and Consumer Protection.
REGISTERED SUPPORT / OPPOSITION :
Support
California Building Industry Association (CBIA)
California Landscape Contractors Association
California State Pipe
Trades Council
Environment California
Sierra Club California
US Green Building Council, California
Opposition
None on file
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Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085