BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: aB 2282
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: GATTO
VERSION: 5/8/14
Analysis by: Mark Stivers FISCAL: yes
Hearing date: June 17, 2014
SUBJECT:
Building standards: recycled water infrastructure
DESCRIPTION:
This bill requires the Building Standards Commission (BSC) to
adopt mandatory building standards for the installation of
recycled water infrastructure in newly constructed residential,
commercial, and public buildings for the 2019 building code.
ANALYSIS:
The California Building Standards Law establishes the BSC and
the process for adopting state building codes. The law requires
the BSC to adopt a new version of the California Building Code
(CBC) every three years. The process of developing each new
code is known as the triennial update. The BSC will adopt
revised versions of the CBC again in 2016 and 2019.
Under this process, relevant state agencies begin with a model
code developed by a national code-writing entity and then
propose amendments to the model codes to reflect California
needs and priorities. These state agencies then submit the
package of proposed building standards to the BSC for the BSC to
adopt, modify, or reject.
Relevant state agencies include the Department of Housing and
Community Development (HCD) for residential building codes, the
Office of Statewide Health Planning and Development for
hospitals and clinics, and the Division of the State Architect
for schools and emergency service buildings. Not all buildings
fall under the jurisdiction of a relevant state agency. Most
commercial, industrial, and manufacturing structures are
considered "local buildings," over which local governments may
determine applicable building standards. With respect to green
building standards, however, current law gives BSC the authority
to adopt building standards for these local buildings.
AB 2282 (GATTO) Page 2
This bill requires the BSC to adopt mandatory building standards
for the installation of recycled water infrastructure in newly
constructed residential, commercial, and public buildings during
its triennial update for the 2019 building code. Specifically,
the bill:
Requires HCD to conduct research and propose for the 2019
building code mandatory building standards for the
installation of recycled water infrastructure in newly
constructed single-family and multifamily residential
buildings.
Requires BSC to conduct research and adopt for the 2019
building code mandatory building standards for the
installation of recycled water infrastructure in newly
constructed commercial and public buildings.
Provides that the mandatory building standards shall apply
only to those areas that have feasible and cost-efficient
access to a water recycling facility or that a public water
system has identified in its most recent urban water
management plan for the provision of recycled water with a
specific implementation timeline.
Requires HCD and BSC to consider whether a service area plans
to provide potable recycled water (in which case separate
piping is not needed) prior to mandating the use of recycled
water piping.
Allows a city or county to 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.
Allows HCD and BSC, upon appropriation, to expend funds from
the Building Standards Administration Special Revolving Fund
for these purposes.
COMMENTS:
1.Purpose of the bill . According to the author, recycled water
has been a popular option for many cities seeking an
alternative to expensive imported water. Several cities have
approved recycled water for irrigation and other non-potable
uses. Although recycled water plays a crucial role in the
future water plans of most California cities, there has been
little effort to prepare the commercial and residential
building stock for recycled water use. This bill seeks to
prepare future buildings for recycled water in cities that
AB 2282 (GATTO) Page 3
have access to or plan to construct recycled water facilities.
2.Recycled water . The state is committed to a 20% reduction in
per capita water use by 2020. Recycling wastewater is an
important part of this effort. Recycling comes in a number of
forms, each of which is limited to specified uses. Most
commonly, treated and disinfected wastewater is used for
irrigation or industrial uses. In other cases, treated and
disinfected wastewater is used in buildings to flush toilets
or supply air conditioners. According to a 2009 study, at
least one jurisdiction in 51 out of the 58 counties recycles
or has plans to recycle municipal wastewater in some form.
Non-potable recycled water must be carried in separate
plumbing known as "purple pipes." Unless future buildings can
accommodate non-potable recycled water with such piping, uses
for this valuable resource will be limited.
3.Potable recycled water . In some cases, treated wastewater is
filtered through the earth to a potable quality to replenish
underground aquifers. As a result, while this water is still
recycled, it does not require separate piping. The bill
recognizes this when it requires HCD and BSC to consider
whether a service area plans to provide potable recycled water
prior to mandating the use of recycled water piping. In order
to make this language more direct, the author has agreed to
redraft this provision to state that the mandate to install
recycled water piping shall not apply to service areas in
which the only recycled water use is for potable purposes, or
in which net non-potable deliveries are anticipated to remain
level or decrease as a result of the potable reuse project.
4.Double referral . The Senate Rules Committee has referred this
bill to both this committee and the Committee on Environmental
Quality. To facilitate the referral, the author should take
any amendments he agrees to in the Environmental Quality
Committee.
Assembly Votes:
Floor: 77-0
Appr: 17-0
BP&CP: 14-0
H&CD: 7-0
AB 2282 (GATTO) Page 4
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 11,
2014.)
SUPPORT: Association of California Water Agencies
California Apartment Association
California Building Industry Association
California Landscape Contractors Association
California League of Conservation Voters
California Municipal Utilities Association
California State Pipe Trades Council
City of Pasadena
Environment California
The Honorable Emily Gabel-Luddy, Mayor, City of
Burbank
Metropolitan Water District of Southern
California
Nexus eWater
Sierra Club California
United States Green Building Council, California
Chapter
WateReuse
OPPOSED: None received.