BILL ANALYSIS 1
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Darrell Steinberg, Chair |
| 2007-2008 Regular Session |
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BILL NO: AB 1406 HEARING DATE: June 26, 2007
AUTHOR: Huffman URGENCY: No
VERSION: Introduced CONSULTANT: Dennis O'Connor
FISCAL: Yes
SUBJECT: Recycled water: toilet and urinal flushing.
BACKGROUND AND EXISTING LAW
The California Water Code declares that the use of potable
domestic water for toilet and urinal flushing in structures, as
defined, is a waste or an unreasonable use of water if suitable
recycled water is available for those uses. The term
"structures" is defined as commercial, retail, and office
buildings, theaters, auditoriums, schools, hotels, apartments,
barracks, dormitories, jails, prisons, and reformatories, and
other structures as determined by the State Department of Health
Services (DHS).
Under regulations promulgated by DHS, recycled water use to
flush toilets and urinals shall be disinfected tertiary recycled
water - the highest treatment standard for recycled water.
The California Health & Safety Code requires that all pipes
designed to carry recycled water be colored purple or
distinctively wrapped with purple tape.
Under the California Plumbing Code:
It is unlawful for any person to construct, install, alter, or
cause to be constructed, installed, or altered any reclaimed
water system within a building or on a premise without first
obtaining a building permit
All reclaimed water pipe and fittings, in addition to being
colored purple or wrapped with purple Mylar tape, to imprinted
with the following "CAUTION: RECLAIMED WATER, DO NOT DRINK."
All mechanical equipment which is appurtenant to the reclaimed
water system shall be painted a matching purple color.
Each equipment room containing reclaimed water equipment and
each valve access door shall have a sign stating in purple
letters:
CAUTION
RECLAIMED WATER, DO NOT DRINK.
DO NOT CONNECT TO DRINKING WATER SYSTEM.
NOTICE
CONTACT BUILING MANAGEMENT
BEFORE PERFORMINGY ANY WORK
ON THIS WATER SYSTEM.
Each valve or appurtenance shall be sealed after the reclaimed
system has been approved and placed into operation. The seals
shall be purple with the words "RECLAIMED WATER".
Under regulations promulgated by DHS, the agency supplying the
recycled water shall:
Inspect the dual-plumbed recycled system within each facility
and use area for possible cross connections with the potable
water system before the initial operation of the dual-plumbed
recycled water system and annually thereafter.
Test the recycled water system for possible cross connections
at least once every four years.
The regulations define "cross-connection" as "an unprotected
actual or potential connection between a potable water system
used to supply water for drinking purposes and any source or
system containing unapproved water or a substance that is not or
cannot be approved as safe, wholesome, and potable. By-pass
arrangements, jumper connections, removable sections, swivel or
changeover devices, or other devices through which backflow
could occur, shall be considered to be cross-connections."
The regulations further require the inspections and the testing
to be performed by a cross connection control specialist
certified by the California-Nevada section of the American Water
Works Association or an organization with equivalent
certification requirements. A written report documenting the
result of the inspection or testing for the prior year shall be
submitted to DHS within 30 days following completion of the
inspection or testing.
PROPOSED LAW
This bill would add condominiums to the definition of structures
and would update the statute to refer to the recently created
Department of Public Health.
ARGUMENTS IN SUPPORT
According to the author, "Current regulations permit the use of
recycled water in apartment buildings, but not in condominiums
because, the theory has been, that condominiums are individually
owned. The concern is that individual owners will make
alterations to indoor plumbing that would affect the plumbing
carrying recycled water. These concerns, however, are unfounded
when condo owners own only the space between the walls.
Allowing the use of recycled water in condominiums would not
create new problems, but would expand the use of recycled water
and also increase the number of apartments built with dual
plumbing because apartment builders, wishing to preserve the
option to convert apartments to condos, have been reluctant to
install dual plumbing due to existing regulation."
ARGUMENTS IN OPPOSITION:
The Department of Health Services (DHS) is concerned that by
allowing dual plumbing in condominiums, future plumbing work may
increase the likelihood of cross-connections of the public water
system to recycled water sources.
DHS is also concerned that "given that condominiums are
privately owned residences, there is little that local agencies
can do to require that a licensed plumber, knowledgeable about
recycled water systems, complete all plumbing work and further
require that inspections of the water systems be periodically
undertaken."
COMMENTS:
How Likely Is A Cross Connection? Short of a major remodeling
project involving licensed plumbing contractors, it is difficult
to imagine how an individual condominium owner could cause the
recycled water supply line for a toilet or urinal in a
condominium to be connected to a sink or other water fixture
supplying drinking water.
Isn't That Why The Pipe Is Purple? Given all the coloring and
signage requirements, it is difficult to imagine how someone
under the direction of the condominium management could somehow
alter a recycled water system without knowing that they are
doing so.
What Is The Public Health Risk? The recycled water that DHS
allows to be used to flush toilets and urinals is of a very high
quality. Except for the pedigree, disinfected tertiary recycled
water is in many ways of higher quality than some potable
supplies.
SUGGESTED AMENDMENTS: None
SUPPORT
Association of California Water Agencies
California Association of Sanitation Agencies
California Building Industry Association
California Coastkeeper Alliance
California Municipal Utilities Association
California Special Districts Association
City of Burbank
City of Irvine
Cucamonga Valley Water District
East Bay Municipal Utility District
Eastern Municipal Water District
Heal the Bay
Irvine Ranch Water District
Las Virgenes Municipal Water District
Marin Municipal Water District
Metropolitan Water District of Southern California
Mono Lake Committee
Municipal Water District of Orange County
Orange County Business Council
Orange County Sanitation District
Planning and Conservation League
Santa Clara Valley Water District
Sonoma County Water Agency
Southern California Water Committee
Southern California Watershed Alliance
WaterReuse Association, California Section
Western Municipal Water District
Private Citizen (1)
OPPOSITION
Department of Health Services