BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 2282 (Gatto) - Building standards: recycled water systems.
Amended: August 5, 2014 Policy Vote: T&H 11-0; EQ 6-0
Urgency: No Mandate: No
Hearing Date: August 11, 2014
Consultant: Mark McKenzie
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 2282 would provide for the development and
adoption of mandatory building standards during the 2016
Intervening Code Adoption Cycle for the installation of recycled
water systems for newly constructed residential, commercial, and
public buildings.
Fiscal Impact:
Department of Housing and Community Development (HCD) staff
costs of up to $125,000 annually in 2015-16 and 2016-17 to
research, develop, and propose mandatory building standards
for recycled water systems for residential buildings.
(Building Standards Administration Special Revolving Fund)
Building Standards Commission (BSC) staff costs of $176,000
annually in 2015-16 and 2016-17 to research, develop, and
adopt mandatory building standards for recycled water
systems for commercial and public buildings. (Building
Standards Administration Special Revolving Fund)
Additional BSC costs in 2015-16 to conduct a study related
to the expansion of specified plastic pipe in the built
environment under the California Environmental Quality Act
(CEQA). Costs would be at least $175,000 if the study
results in a negative declaration or mitigated negative
declaration, and would be at least $275,000 if a CEQA study
necessitates an environmental impact report. These costs
could escalate if any CEQA determinations are challenged in
court. (Building Standards Administration Special Revolving
Fund)
Background: 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
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Building Code (CBC) every three years. The next revision of the
CBC will be adopted by the BSC in 2016. Existing law requires
HCD to propose the adoption, amendment, or repeal of building
standards for hotels, motels, lodging houses, apartment houses,
and residential dwellings. Although the building standards for
most local buildings, such as commercial, industrial, and
manufacturing facilities, are determined by local agencies, the
BSC has the authority to adopt green building standards for
these local buildings.
Existing law 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. Existing law require the State Water Resources Control
Board (SWRCB) to adopt regulations regarding groundwater
replenishment and surface water augmentation with recycled
water, and report to the Legislature on the feasibility of
developing uniform water recycling criteria for direct potable
reuse. Recycled water is commonly used for nonpotable purposes
such as agriculture, landscape, public parks, and golf course
irrigation, and may also be used for cooling water in power
plants, industrial applications, toilet flushing, dust control,
and construction activities. Nonpotable recycled water must be
carried in separate plumbing that is colored purple, otherwise
known as "purple pipes."
Proposed Law: AB 2282 would provide for the development and
adoption of mandatory building standards during the 2016 code
adoption cycle for the installation of recycled water systems
for newly constructed residential, commercial, and public
buildings. Specifically, this bill would:
Require HCD to conduct research, in consultation with
the SWRCB, the Department of Public Health (DPH), and other
specified parties, to propose building standards for the
installation of recycled water systems for newly
constructed residential buildings, including applications
for both indoor and outdoor uses, as specified.
Require HCD to submit mandatory building standards for
the installation of recycled water systems for newly
constructed single-family and multifamily residential
buildings for adoption by the BSC in the 2016 code adoption
cycle, and authorize amendments to these standards in the
future, as specified.
Require BSC to conduct research, in consultation with
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the SWRCB, the DPH, and other specified parties, to develop
building standards for the installation of recycled water
systems for newly constructed commercial and public
buildings, including applications for both indoor and
outdoor uses, as specified.
Require BSC to adopt mandatory building standards for
the installation of recycled water systems for newly
constructed commercial and public buildings, and consider
the proposed standards in the 2016 code adoption cycle.
BSC would be authorized to amend these standards in the
future, as specified.
Require HCD and BSC to limit the mandate to install
recycled water systems 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.
Specify that the mandate to install recycled water
piping shall not apply to areas in which recycled water is
used only for potable purposes, or in which nonpotable
deliveries are expected to remain level or decrease as a
result of potable reuse.
Authorize cities and counties 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.
Authorize HCD and BSC, upon appropriation, to expend
funds from the Building Standards Administration Special
Revolving Fund for these purposes.
Staff Comments: Some local agencies have been using recycled
water for nonpotable purposes for many years, typically for
outdoor and landscaping purposes. Several local agencies are
using recycled water for indirect, potable groundwater supply
augmentation by pumping recycled water into aquifers. This bill
is intended to ensure that future residential, commercial, and
public buildings are constructed to provide for recycled water
use, particularly in local jurisdictions that have access to, or
plan to construct recycled water facilities.
Recommended Amendments: Staff recommends the following technical
amendments:
Page 6, line 16, strike out "department" and insert:
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commission
Page 6, line 33, strike out "residential" and insert:
commercial and public