BILL ANALYSIS �
AB 2282
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: AB 2282
AUTHOR: Gatto
AMENDED: May 8, 2014
FISCAL: Yes HEARING DATE: June 25, 2014
URGENCY: No CONSULTANT: Rachel Machi
Wagoner
SUBJECT : RECYCLED WATER
SUMMARY :
Existing federal law :
1) Establishes the Safe Drinking Water Act (SDWA), to
protect public health by regulating the nation's public
drinking water supply. The act requires actions to
protect drinking water and its sources, including
rivers, lakes, reservoirs, springs, and groundwater
wells.
2) Establishes the Clean Water Act, which prescribes
the basic structure for regulating discharges of
pollutants into the waters of the United States and
regulating quality standards for surface waters.
Existing state law and regulation :
1) Defines "recycled water" as "water which, as a
result of treatment of waste, is suitable for a direct
beneficial use or a controlled use that would not
otherwise occur and is therefore considered a valuable
resource."
2) Defines "beneficial uses" as uses "of the waters of
the state that may be protected against quality
degradation [that] include, but are not limited to,
domestic, municipal, agricultural and industrial supply;
power generation; recreation; aesthetic enjoyment;
navigation; and preservation and enhancement of fish,
wildlife, and other aquatic resources or preserves."
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3) Establishes the Water Recycling Act of 1991,
creating a statewide goal to recycle a total of 700,000
acre-feet of water per year by the year 2000 and
1,000,000 acre-feet of water per year by the year 2010.
Requires each urban water supplier to prepare, and
update every five years, an urban water management plan
with specified components, including information on
recycled water and its potential for use as a water
source in the service area of the urban water supplier.
4) Makes findings regarding the State Water Resource
Control Board (SWRCB) updated goals adopted by
resolution, which update the above goals to 1,000,000
acre feet per year above 2002 levels by 2020 and by at
least 2,000,000 acre feet per year by 2030.
5) Designates the Department of Public Health (DPH) as
the primacy agency enforcing SDWA for California. (As
of July 1, 2014 this responsibility will be within the
purview of the SWRCB).
6) Requires DPH to establish uniform statewide
recycling criteria for each type of use of recycled
water use, as specified. (As of July 1, 2014 this
responsibility will be within the purview of the SWRCB).
7) Requires DPH to: (1) adopt regulations regarding
groundwater replenishment with recycled water, (2) adopt
of regulations regarding surface water augmenation with
recycled water, and (3) report to the Legislature on the
feasibility of developing uniform water recycling
criteria for direct potable reuse. (As of July 1, 2014
this responsibility will be within the purview of the
SWRCB).
8) Establishes the Porter-Cologne Water Quality Control
Act:
a) Giving authority to SWRCB over state water
rights and water quality policy.
b) Establishing nine regional water quality
control boards (regional boards) to oversee water
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quality on a day-to-day basis at the local/regional
level.
c) Requiring the boards to implement and
enforce CWA, including issuance of waste discharge
permits.
9) Requires SWRCB to adopt a general permit for
landscape irrigation use of recycled water.
10) Directs the Department of Housing and Community
Development (HCD) to propose the adoption, amendment, or
repeal of building standards to the California Building
Standards Commission (BSC) for all hotels, motels,
lodging houses, apartment houses, and dwellings.
11) Authorizes BSC to approve and adopt building
standards. Every three years building standards
rulemaking is undertaken to revise and update the
California Building Standards Code. (Title 24 of the
California Code of Regulations).
12) Allows a governing body, city or county to make
modifications to BSC if they make express findings that
such a modification or change is necessary because of
local climatic, geological, or topographical conditions.
13) Allows the use of recycled water in condominium
projects subject to specified conditions, including a
requirement that the agency delivering the recycled
water to the condominium project file a report with the
appropriate regional water quality control board,
receive written approval from DPH and other public
health protections including noticing of the use of
recycled water.
14) Allows a public agency to require the use of
recycled water in floor trap priming, cooling towers and
air-conditioning devices when public health is
adequately protected as specified.
15) Establishes in the California Plumbing Code design
standards for plumbing buildings with both potable and
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recycled water systems. These statewide standards apply
for installing both potable and recycled water plumbing
systems in commercial, retail, and office buildings,
theaters, auditoriums, condominiums, schools, hotels,
apartments, barracks, dormitories, jails, prisons, and
reformatories.
This bill requires 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 for
both outdoor and indoor uses. Specifically, the bill:
1)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.
2)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.
3)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.
4)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.
5)Allows a city or county to further reduce the area in 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.
6)Allows HCD and BSC, upon appropriation, to expend funds from
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the Building Standards Administration Special Revolving Fund
for these purposes.
COMMENTS :
1) Purpose of 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
nonpotable 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 have access to or plan to construct recycled
water facilities.
2) What is Recycle Water ? Recycled water is wastewater
(sewage) treated to remove solids and certain other
impurities, such as metals and ammonia. The term "recycled
water" is synonymous with "reclaimed water" or "reused
water."
Water recycling is reusing treated wastewater for
beneficial purposes such as agricultural and landscape
irrigation, industrial processes, toilet flushing, and
replenishing a groundwater basin (referred to as
groundwater recharge).
In the recycling process, sanitary sewer systems deliver
wastewater to treatment plants where it progresses through
varying degrees of treatment. The end use will dictate
whether the wastewater receives primary, secondary, or
tertiary treatment and disinfection.
Recycled water for landscape irrigation requires less
treatment than recycled water used for source water
recharge that contributes to drinking water.
Recycled water can satisfy many water demands, as long as
it is adequately treated to ensure water quality
appropriate for the use. In uses where there is a greater
chance of human exposure to the water, more treatment is
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required. As with any water source that is not properly
treated, health problems could arise from drinking or being
exposed to recycled water if it contains disease-causing
organisms or other contaminants.
Recycled water is commonly used for nonpotable (not for
drinking) purposes, such as agriculture, landscape, public
parks, and golf course irrigation. Other nonpotable
applications include cooling water for power plants and oil
refineries, industrial process water for such facilities as
paper mills and carpet dyers, toilet flushing (in specified
cases), dust control, construction activities, concrete
mixing, and artificial lakes.
3) Historical Use of Recycled Water . Water recycling has been
a part of California's water management plan for more than
100 years.
In the early 1900s, partially treated wastewater and
groundwater transformed San Francisco's Golden Gate Park
from an area of sand and waste to a garden spot. In the
1930s, construction began on the McQueen Treatment Plant in
Golden Gate Park to provide secondary-treated recycled
water for park irrigation. This practice continued until
1978 when the McQueen plant stopped operating because it
did not meet the new state standards for irrigation use.
In 1929, Los Angeles County began using recycled water for
landscape irrigation in parks and golf courses.
In 1967, the Irvine Ranch Water District (IRWD) began
recycling water at its Michelson Water Reclamation Plant.
In 1991, IRWD became the first in the nation to obtain
health department permits for the interior use of recycled
water for flushing toilets and other nonpotable uses.
4) The Benefits of Recycled Water . Water recycling reduces
regional dependence on imported water by providing a local,
drought resistant water source. It enhances water quality
by reducing discharges to and diversions from ecologically
sensitive water bodies. It is environmentally sustainable
and has a smaller energy footprint than most other water
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supply sources.
5) Current Use of Recycled Water . Californians use recycled
water for a variety of purposes including irrigation,
toilet flushing (in specified cases), construction, water
features, dust control, cooling and air conditioning, soil
compaction, commercial laundry, car washing, fire sprinkler
systems, and sewer and street cleaning.
Residential customers are increasingly using recycled water.
In southern California, virtually all new residential
development serviced by the IRWD are required to use
recycled water for landscape irrigation. In northern
California, Vintage Greens in Windsor is equipped with dual
piping that enables homeowners to use recycled water
outside.
At sites using recycled water for irrigation, signs are
displayed warning people not to drink from the irrigation
system.
Recycled water may not be used for drinking, bathing, or
swimming pools or other potable uses or uses where human
exposure is likely.
Some local governments, such as Los Angeles and Orange
County, are using recycled water for indirect, potable
groundwater supply augmentation. The recycled water is
pumped into groundwater aquifers, is pumped out, treated
again, and then finally used as drinking water. The term
for this process is "groundwater recharging."
6) SWRCB Recycled Water Policy . In 2013 SWRCB adopted a
policy on recycled water, stating that:
"The purpose of this Policy is to increase the use
of recycled water from municipal wastewater sources
that meets the definition in the Water Code in a
manner that implements state and federal water
quality laws.
When used in compliance with this Policy, Title 22
and all applicable state and federal water quality
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laws, SWRCB finds that recycled water is safe for
approved uses , and strongly supports recycled water
as a safe alternative to potable water for such
approved uses.
The purpose of this Policy is to provide direction
to the Regional Water Quality Control Boards
(Regional Water Boards), proponents of recycled
water projects, and the public regarding the
appropriate criteria to be used by the State Water
Board and the Regional Water Boards in issuing
permits for recycled water projects.
It is the intent of the State Water Board that all
elements of this Policy are to be interpreted in a
manner that fully implements state and federal water
quality laws and regulations in order to enhance the
environment and put the waters of the state to the
fullest use of which they are capable?.
SWRCB finds that the use of recycled water in
accordance with this Policy, that is, which supports
the sustainable use of groundwater and/or surface
water, which is sufficiently treated so as not to
adversely impact public health or the environment
and which ideally substitutes for use of potable
water, is presumed to have a beneficial impact.
Other public agencies are encouraged to use this
presumption in evaluating the impacts of recycled
water projects on the environment as required by the
California Environmental Quality Act (CEQA)."
7) What are the Approved Uses of Recycled Water ? California
has approved criteria for nonpotable uses of recycled water
for surface irrigation of orchards and vineyards, landscape
impoundments, groundwater recharge, wetlands, wildlife
habitat, stream augmentation industrial cooling processes,
landscape and golf course irrigation, toilet flushing (for
specified commercial and condominium uses), vehicle
washing, food crop irrigation.
8) Potential Risks Associated with Recycled Water?
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a) Human Health Exposure . Infectious microbial
pathogens in wastewater from sewage effluent are the
major concern for human health when recycling water. The
major groups of pathogens are:
Bacteria (e.g. Escherichia coli, Salmonella
spp),
Viruses (e.g. Enteroviruses, Rotavirus,
Hepatitis A),
Protozoa (e.g. Giardia Lamblia,
Cryptosporidium parvum),
Helminths (e.g. Taenia spp (Tapeworm),
Ancylostoma spp (Hookworm).
Not all infections cause illness. To become infected by
a pathogen, exposure to a sufficient number of pathogens
is necessary. If recycled water is fit for the intended
purpose, exposure will be low or non-existent and
infection unlikely as it is related to the
concentrations of pathogens in the recycled water and
the amount of water ingested.
b) Environmental Exposure . Some common environmental
concerns from recycled water include:
Salinity - A chronic problem which needs to
be managed in all irrigation systems. Can result
in reduced plant growth and plant damage and can
impact freshwater plants and invertebrates in
natural ecosystems if discharged directly with
little dilution. The most common salt is sodium
chloride, although other salts also contribute to
salinity.
Sodium - Can be toxic to some plants if it
accumulates in soils from ongoing irrigation. More
important as a component of salinity and sodicity.
Chloride - Can be toxic to plants if sprayed
directly on leaves, and if it accumulates in soils
from ongoing irrigation, but is usually more
important as a component of salinity.
Nitrogen - Mostly of benefit to cultivated
plants, but can cause eutrophication (excessive
nutrient levels) in land and aquatic ecosystems.
Phosphorus - Mostly of benefit to cultivated
plants, but can cause eutrophication (excessive
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nutrient levels) in land and aquatic ecosystems.
Chlorine residuals - By-products of
disinfection processes may be harmful to aquatic or
marine ecosystems if discharged directly with
little dilution.
Hydraulic loading - Too much water applied to
land can result in excess groundwater recharge,
water logging and secondary salinity.
Boron - Plant toxicity may arise in some
plants in some soils if it accumulates from ongoing
irrigation.
Surfactants - Some organic and inorganic
surface active agents from detergents can remain in
recycled water and be harmful to some aquatic
organisms.
c) Other Risks Which Require Monitoring . A broad range
of emerging chemical contaminants have been identified
as having potential adverse human health impacts; for
example, pharmaceutical chemicals and their metabolites
have been found in recycled water. At this stage, there
is no evidence that environmental exposure to low levels
of potential emerging contaminants in recycled water
affects human health because of the relatively low
exposure in approved uses. However, ongoing monitoring
is required to ensure good risk management.
Additionally, because drinking water standards are not
developed for recycled water, human exposure to
potential contaminants needs to be minimized.
1) Why the Purple Pipe ? Nonpotable recycled water goes
through a separate pipeline system to the customers. It is
completely separate from the drinking water pipeline
system. Periodic cross connection tests ensure that the
nonpotable recycled water pipelines are not accidentally
connected to the drinking water system. In addition, there
is ongoing monitoring and testing of the nonpotable
recycled water and drinking water systems to protect the
public's health. All pipes designed to carry recycled
water must be purple, or wrapped in distinctive purple tape
and labeled as recycled water.
One pioneer of recycled water in Southern California is
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IRWD.
The district dates back to 1961. From near the beginning,
the IRWD Board of Directors decided to place a premium on
recycling water. By 1967, Irvine delivered 2 million
gallons a day of tertiary-treated water to agricultural
users. The district was the first in the state to get a
permit to use recycled water beyond just agriculture to any
acceptable use (including industrial and irrigation uses,
and some plumbing).
IRWD put two parallel delivery systems next to each other,
a system called dual distribution. IRWD is the district
that picked the color for recycled water pipe in order to
clearly differentiate between the potable water supply and
recycled water.
In cities around the United States, blue is for potable
water. Green is for sewers. Yellow signifies natural gas,
oil, petroleum, or something else that's potentially
flammable. Orange is for telecommunications. Red is for
power lines. And white is for marking where excavations
and new pipe routes will go. Purple is for recycled water.
2) Need for Consistency in Ensuring Water Quality and
Protecting Public Health . The treatment and use of
recycled water is regulated across many different states
and local agencies.
DPH has developed criteria through regulation for the safe
use of recycled water and has the charge of developing
regulations for recycled water recharge of drinking water
sources. (These responsibilities will be within the
purview of SWRCB as of July 1, 2014.)
SWRCB has the responsibility of permitting wastewater
treatment and discharges in the waters of the state.
HCD and BSC develop and implement the building standards as
applied to the use of recycled water.
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Local governments implement and enforce building permit
requirements and environmental/public health laws for their
jurisdictions.
Together these statutory responsibilities build the
structure for ensuring that this important resource is
fully utilized to its greatest extent safely and
protectively for human health and the environment.
As new water conservation laws are contemplated for water
reuse, it is important to build in the statutory
infrastructure that ensures that the new law will align
with all public health and environmental health laws and
regulations and building standard and enforcement laws and
regulations.
To this end amendments are needed to AB 2282:
a) Consistency with Public Health Criteria . DPH has
developed regulations that set criteria for the approved
uses of recycled water for different purposes for
different types of structures to ensure public health
protection.
As this legislation requires HDC to develop mandatory
building standards for newly constructed single-family
and multifamily homes and for newly constructed
commercial and public buildings, the bill should be
consistent with those criteria. For example, the bill
specifies BSC to consider mandatory standards for
washing machines. Residential washing machines have not
been considered an eligible use for recycled water and
an evaluation of public health implications is necessary
prior to considering this new use. Amendments are
needed to the bill to ensure that this new building
standard law is consistent with the established public
health criteria by referencing those criteria.
b) Consultation Between Agencies . The bill refers to
HCD "actively consulting" or "seeking advice" from DPH,
SWRCB and other stakeholders. It is unclear what type
of role is envisioned for DPH and SWRCB. A clarifying
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amendment is needed to change that language to "in
consultation with" to ensure that the agencies are all
working together.
c) Drinking Water Program Transfer from DPH to SWRCB .
The budget and accompanying trailer bill approved by the
Legislature on June 15, 2014 transferred the drinking
water program from DPH to SWRCB effective July 1, 2014.
Amendments are needed to reflect this change of
responsibility.
d) Preservation of Local Government Control . AB 2282
allows a local jurisdiction to reduce the area for which
the mandate to install recycled water piping applies.
However, the local jurisdiction is only allowed to do
this if the local public water system makes findings
regarding feasibility or cost effectiveness. The local
permitting agencies, which are accountable to the local
elected officials, have the expertise and the statutory
responsibility to determine feasibility of building
standards for that jurisdiction. An amendment is needed
to change the determining agency to the local
jurisdiction instead of the public water system.
e) Definition of "Recycled Water" . AB 2282 directs HCD
to "consider the definition for recycled water as
established in the DPH regulations in developing the
mandatory building standards." However, there is not a
definition for "recycled water". The intent of this
subsection is not clear. An amendment is needed to
either strike this subsection or clarify what HCD should
consider.
f) Author's Amendments . The author has agreed to address
concerns raised by stakeholders that utilize recycled
water systems but do so not through the dual piping
systems specified under this bill.
Water systems that are investing in recycling water
projects where the recycled water goes directly to
source water recharge rather than into a dual
pipe/purple pipe system do not need both approaches to
delivering recycled water. The bill recognizes this
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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 nonpotable
deliveries are anticipated to remain level or decrease
as a result of the potable reuse project.
3) Two Tracts . Many water systems in California are looking
at recycling water and delivering recycled water. Pursuant
to SB 918 (Pavley), Chapter 700, Statutes of 2010,
DPH/SWRCB is developing and adopting regulations for both
groundwater recharge and surface water recharge with
recycled water. As more systems will be looking to use
recycled water to recharge source water, dual piping/purple
piping systems will become less relevant. Does it make
sense to develop mandates requiring new buildings to be
built with these systems if in the future, water systems
are looking to deliver recycled water through recharge
instead of directly to consumers?
SOURCE : Author
SUPPORT : Association of California Water Agencies
California Apartment Association
California Building Industry Association
California League of Conservation Voters
California Municipal Utilities Association
California State Pipe Trades Council
City of Burbank, Mayor Gabel-Luddy
City of Pasadena
Metropolitan Water District of Southern California
Sierra Club California
U.S. Green Building Council California
WateReuse California
OPPOSITION : None on file
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