BILL ANALYSIS �
AB 2282
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ASSEMBLY THIRD READING
AB 2282 (Gatto)
As Amended May 8, 2014
Majority Vote
HOUSING 7-0 BUSINESS & PROFESSIONS
14-0
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|Ayes:|Chau, Beth Gaines, |Ayes:|Bonilla, Jones, |
| |Gordon, Brown, | |Bocanegra, Campos, |
| |Maienschein, Quirk-Silva, | |Dickinson, Eggman, |
| |Yamada | |Gordon, Hagman, Holden, |
| | | |Maienschein, Mullin, |
| | | |Skinner, Ting, Wilk |
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APPROPRIATIONS 17-0
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|Ayes:|Gatto, Bigelow, |
| |Bocanegra, Bradford, Ian |
| |Calderon, Campos, |
| |Donnelly, Eggman, Gomez, |
| |Holden, Jones, Linder, |
| |Pan, Quirk, |
| |Ridley-Thomas, Wagner, |
| |Weber |
|-----+--------------------------|
| | |
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SUMMARY : Directs the California Building Standards Commission
(CBSC) to adopt mandatory building standards for the
installation of recycled water infrastructure in newly
constructed 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 recycled water
infrastructure in newly constructed single- and multi-family
residential buildings for consideration in the 2017 triennial
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building standards cycle.
2)Directs the CBSC to research and assist in developing
mandatory building standards for the installation of recycled
water infrastructure in newly constructed 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, the State Department of Public Health, 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:
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
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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.
2)Requires HCD to consider the definition of recycled water
established in the California Code of Regulations.
3)Allows a city, county, or city and county, in consultation
with the local public water system or recycled water producer,
to reduce the area for which the mandatory building standards
apply, if the local public water system or recycled water
producer finds that providing recycled water to an area is not
feasible or cost effective.
4)Requires HCD to seek the advice of 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 mandatory building
standards for recycled water infrastructure in newly
constructed commercial and public buildings and single- and
multi-family dwellings.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Minor and absorbable costs to HCD to develop the standards if
the standards involve existing technologies and are developed
during the normal standards adoption cycle.
2)Unknown, but potentially significant costs to HCD if
developing the standards requires research and technical work
with new technologies with which HCD is not familiar.
3)Significant costs to CBSC in the range of $350,000 for an
additional PY at the Associate Construction Analyst level for
two years. Developing standards for inclusion in both the
California Green Buildings Standards Code and the California
Plumbing Code is outside the CBSC's normal scope of rulemaking
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authority and activity.
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
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has been a popular option for many cities seeking an alternative
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." This bill 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 this bill 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. This bill 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.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085
FN: 0003764
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