BILL NUMBER: SB 283	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 31, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 24, 2009

    An act to amend Section 17921.10 of the Health and Safety
Code,   An act to add Section 18934.1 to the Health and
Safety Code, and to repeal Section 13557 of the Water Code, 
relating to building standards.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 283, as amended, DeSaulnier. Building standards: 
voluntary best practices and mandatory requirements.  
recycled water systems.  
   (1) Existing law, the Water Recycling Act of 2006, requires the
Department of Water Resources, in consultation with the State
Department of Health Services, on or before July 1, 2008, to adopt
and submit to the California Building Standards Commission
regulations to establish a state version of Appendix J of the Uniform
Plumbing Code to provide design standards to safely plumb buildings
with both potable and recycled water systems.  
   This bill would repeal these provisions of law.  
   (2) The California Building Standards Law requires any building
standard adopted or approved by a state agency to be submitted to,
and approved or adopted by, the California Building Standards
Commission prior to codification.  
   This bill would require the commission, on or before July 1, 2010,
to adopt building standards governing recycled water systems. The
bill would require that the standards be based upon Chapter 16 of the
Uniform Plumbing Code of the International Association of Plumbing
and Mechanical Officials, with any amendments, deletions, or
additions deemed appropriate by the commission. The bill would
require the building standards adopted by the commission to apply to
specified occupancies and be consistent with certain requirements of
existing law.  
   Existing law requires the Department of Housing and Community
Development to propose the adoption, amendment, or repeal of building
standards to the California Building Standards Commission and to
adopt, amend, and repeal other rules and regulations for the
protection of the public health, safety, and general welfare of the
occupants and the public involving buildings and building
construction. Existing law authorizes the department to propose
standards related to voluntary best practices and mandatory
requirements related to environmentally preferable water using
devices and measures that do not unreasonably or unnecessarily impact
the ability of Californians to purchase or rent affordable housing.
 
   This bill would authorize the department to include voluntary best
practices and mandatory requirements related to environmentally
preferable water using designs, in addition to devices and measures.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 18934.1 is added to the 
 Health and Safety Code   , to read:  
   18934.1.  (a) On or before July 1, 2010, the commission shall
adopt, approve, codify, and publish in the California Building
Standards Code building standards governing recycled water systems.
The building standards adopted by the commission shall be based upon
Chapter 16 of the Uniform Plumbing Code of the International
Association of Plumbing and Mechanical Officials, with any
amendments, deletions, or additions deemed appropriate by the
commission. In developing building standards for recycled water
systems pursuant to this section, the commission shall consider the
recommendations of the Recycled Water Task Force of 2002. The
commission may also consult with the Department of Water Resources,
the State Department of Public Health, or any other agency it deems
appropriate in developing the standards. The building standards for
recycled water systems developed pursuant to this section shall be
consistent with the requirements of the Porter-Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code).
   (b) (1) The building standards adopted by the commission pursuant
to subdivision (a) shall apply to both of the following:
   (A) Occupancies over which no other state agency has building
standards jurisdiction.
   (B) Any occupancy where another state agency has building
standards jurisdiction but has not proposed or adopted building
standards governing recycled water systems for that occupancy. The
building standards adopted by the commission shall apply to the
subject occupancy until the state agency with building standards
jurisdiction proposes or adopts building standards governing recycled
water systems for the subject occupancy, and the standards have
become effective.
   (2) Building standards for recycled water systems proposed by
other agencies shall be based upon the same considerations set forth
in subdivision (a), including, but not limited to, consistency with
the Porter-Cologne Water Quality Control Act (Division 7 (commencing
with Section 13000) of the Water Code).
   (c) The commission or any appropriate state agency may revise or
update the standards adopted under this section at any time. 
   SEC. 2.    Section 13557 of the   Water Code
  is repealed.  
   13557.  (a) On or before July 1, 2008, the department, in
consultation with the State Department of Public Health, shall adopt
and submit to the California Building Standards Commission
regulations to establish a state version of Appendix J of the Uniform
Plumbing Code adopted by the International Association of Plumbing
and Mechanical Officials to provide design standards to safely plumb
buildings with both potable and recycled water systems.
   (b) The department shall adopt regulations pursuant to subdivision
(a) only if the Legislature appropriates funds for that purpose.
 
  SECTION 1.    Section 17921.10 of the Health and
Safety Code is amended to read:
   17921.10.  (a) The standards proposed by the department pursuant
to Section 17921 may include voluntary best practices and mandatory
requirements related to environmentally preferable water using
designs, devices, and measures. The standards shall not unreasonably
or unnecessarily impact the ability of Californians to purchase or
rent affordable housing, as determined by taking account of the
overall benefit derived from the standards.
   (b) Nothing in this section shall in any way reduce the authority
of the State Energy Resources Conservation and Development Commission
to adopt standards and regulations or take other actions pursuant to
Division 15 (commencing with Section 25000) of the Public Resources
Code.