SECTIONS 13550-13557

13550.  (a) The Legislature hereby finds and declares that the useof potable domestic water for nonpotable uses, including, but notlimited to, cemeteries, golf courses, parks, highway landscapedareas, and industrial and irrigation uses, is a waste or anunreasonable use of the water within the meaning of Section 2 ofArticle X of the California Constitution if recycled water isavailable which meets all of the following conditions, as determinedby the state board, after notice to any person or entity who may beordered to use recycled water or to cease using potable water and ahearing held pursuant to Article 2 (commencing with Section 648) ofChapter 1.5 of Division 3 of Title 23 of the California Code ofRegulations: (1) The source of recycled water is of adequate quality for theseuses and is available for these uses. In determining adequatequality, the state board shall consider all relevant factors,including, but not limited to, food and employee safety, and leveland types of specific constituents in the recycled water affectingthese uses, on a user-by-user basis. In addition, the state boardshall consider the effect of the use of recycled water in lieu ofpotable water on the generation of hazardous waste and on the qualityof wastewater discharges subject to regional, state, or federalpermits. (2) The recycled water may be furnished for these uses at areasonable cost to the user. In determining reasonable cost, thestate board shall consider all relevant factors, including, but notlimited to, the present and projected costs of supplying, delivering,and treating potable domestic water for these uses and the presentand projected costs of supplying and delivering recycled water forthese uses, and shall find that the cost of supplying the treatedrecycled water is comparable to, or less than, the cost of supplyingpotable domestic water. (3) After concurrence with the State Department of HealthServices, the use of recycled water from the proposed source will notbe detrimental to public health. (4) The use of recycled water for these uses will not adverselyaffect downstream water rights, will not degrade water quality, andis determined not to be injurious to plantlife, fish, and wildlife. (b) In making the determination pursuant to subdivision (a), thestate board shall consider the impact of the cost and quality of thenonpotable water on each individual user. (c) The state board may require a public agency or person subjectto this article to furnish information which the state boarddetermines to be relevant to making the determination required insubdivision (a).13551.  A person or public agency, including a state agency, city,county, city and county, district, or any other political subdivisionof the state, shall not use water from any source of qualitysuitable for potable domestic use for nonpotable uses, includingcemeteries, golf courses, parks, highway landscaped areas, andindustrial and irrigation uses if suitable recycled water isavailable as provided in Section 13550; however, any use of recycledwater in lieu of water suitable for potable domestic use shall, tothe extent of the recycled water so used, be deemed to constitute areasonable beneficial use of that water and the use of recycled watershall not cause any loss or diminution of any existing water right.13552.  The amendments to Sections 13550 and 13551 of the Water Codemade during the first year of the 1991-92 Regular Session are notintended to alter any rights, remedies, or obligations which mayexist prior to January 1, 1992, pursuant to, but not limited to,those sections or Chapter 8.5 (commencing with Section 1501) of Part1 of Division 1 of the Public Utilities Code.13552.2.  (a) The Legislature hereby finds and declares that the useof potable domestic water for the irrigation of residentiallandscaping is a waste or an unreasonable use of water within themeaning of Section 2 of Article X of the California Constitution ifrecycled water, for this use, is available to the residents and meetsthe requirements set forth in Section 13550, as determined by thestate board after notice and a hearing. (b) The state board may require a public agency or person subjectto this section to submit information that the state board determinesmay be relevant in making the determination required in subdivision(a).13552.4.  (a) Any public agency, including a state agency, city,county, city and county, district, or any other political subdivisionof the state, may require the use of recycled water for irrigationof residential landscaping, if all of the following requirements aremet: (1) Recycled water, for this use, is available to the user andmeets the requirements set forth in Section 13550, as determined bythe state board after notice and a hearing. (2) The use of recycled water does not cause any loss ordiminution of any existing water right. (3) The irrigation systems are constructed in accordance withChapter 3 (commencing with Section 60301) of Division 4 of Title 22of the California Code of Regulations. (b) This section applies to both of the following: (1) New subdivisions for which the building permit is issued on orafter March 15, 1994, or, if a building permit is not required, newstructures for which construction begins on or after March 15, 1994,for which the State Department of Public Health has approved the useof recycled water. (2) Any residence that is retrofitted to permit the use ofrecycled water for landscape irrigation and for which the StateDepartment of Public Health has approved the use of recycled water. (c) (1) Division 13 (commencing with Section 21000) of the PublicResources Code does not apply to any project that only involves therepiping, redesign, or use of recycled water for irrigation ofresidential landscaping necessary to comply with a requirementprescribed by a public agency under subdivision (a). (2) The exemption in paragraph (1) does not apply to any projectto develop recycled water, to construct conveyance facilities forrecycled water, or any other project not specified in thissubdivision.13552.5.  (a) (1) On or before July 31, 2009, the state board shalladopt a general permit for landscape irrigation uses of recycledwater for which the State Department of Public Health has establisheduniform statewide recycling criteria pursuant to Section 13521. (2) The state board shall establish criteria to determineeligibility for coverage under the general permit. (3) For the purpose of developing the general permit andestablishing eligibility criteria to carry out paragraph (1), thestate board shall hold at least one workshop and shall consult withand consider comments from the regional boards, groundwatermanagement agencies and water replenishment districts with statutoryauthority to manage groundwater pursuant to their principal act, andany interested party. (4) The general permit shall include language that provides forthe modification of the terms and conditions of the general permit ifa regulatory or statutory change occurs that affects the applicationof the general permit or as necessary to ensure protection ofbeneficial uses. (b) The state board shall establish a reasonable schedule of feesto reimburse the state board for the costs it incurs in implementing,developing, and administering this section. (c) Following the adoption of the general permit pursuant to thissection, an applicant may obtain coverage for a landscape irrigationuse of recycled water by filing a notice of intent to be coveredunder the general permit and submitting the appropriate feeestablished pursuant to subdivision (b) to the state board. (d) Coverage under the general permit adopted pursuant to thissection is effective if all of the following apply: (1) The applicant has submitted a completed application. (2) The state board has determined that the applicant meets theeligibility criteria established pursuant to paragraph (2) ofsubdivision (a). (3) The state board has made the application available for publicreview and comment for 30 days. (4) The state board has consulted with the appropriate regionalboard. (5) The executive officer of the state board approves theapplication. (e) (1) Except as provided by modification of the general permit,a person eligible for coverage under the general permit pursuant tosubdivision (d) is not required to become or remain subject toindividual waste discharge requirements or water reclamationrequirements. (2) For a landscape irrigation use of recycled water, a person whois subject to general or individual waste discharge requirementsprescribed pursuant to Section 13263 or 13377, or is subject toindividual or master water reclamation requirements prescribedpursuant to Section 13523 or 13523.1, may apply for coverage underthe general permit adopted pursuant to this section in lieu ofremaining subject to requirements prescribed pursuant to thosesections. (f) (1) The state board shall designate an ombudsperson tocoordinate and facilitate communication on recycled water, on theissuance of water reclamation requirements or waste dischargerequirements, as applicable, pursuant to Section 13523 or 13523.1 orthis section, and on the promotion of water recycling while ensuringreasonable protection of water quality in accordance with applicableprovisions of state and federal water quality law. (2) The person appointed pursuant to paragraph (1) shallfacilitate consultations between the state board and the regionalboards relating to matters described in that paragraph.13552.6.  (a) The Legislature hereby finds and declares that the useof potable domestic water for floor trap priming, cooling towers,and air-conditioning devices is a waste or an unreasonable use ofwater within the meaning of Section 2 of Article X of the CaliforniaConstitution if recycled water, for these uses, is available to theuser, and the water meets the requirements set forth in Section13550, as determined by the state board after notice and a hearing. (b) The state board may require a public agency or person subjectto this section to submit information that the state board determinesmay be relevant in making the determination required in subdivision(a).13552.8.  (a) Any public agency, including a state agency, city,county, city and county, district, or any other political subdivisionof the state, may require the use of recycled water in floor trappriming, cooling towers, and air-conditioning devices, if all of thefollowing requirements are met: (1) Recycled water, for these uses, is available to the user andmeets the requirements set forth in Section 13550, as determined bythe state board after notice and a hearing. (2) The use of recycled water does not cause any loss ordiminution of any existing water right. (3) If public exposure to aerosols, mist, or spray may occur,appropriate mist mitigation or mist control is provided, such as theuse of mist arrestors or the addition of biocides to the water inaccordance with criteria established pursuant to Section 13521. (4) The person intending to use recycled water has prepared anengineering report pursuant to Section 60323 of Title 22 of theCalifornia Code of Regulations that includes plumbing design,cross-connection control, and monitoring requirements for the publicagency, which are in compliance with criteria established pursuant toSection 13521. (b) This section applies to both of the following: (1) New industrial facilities and subdivisions for which thebuilding permit is issued on or after March 15, 1994, or, if abuilding permit is not required, new structures for whichconstruction begins on or after March 15, 1994, for which the StateDepartment of Health Services has approved the use of recycled water. (2) Any structure that is retrofitted to permit the use ofrecycled water for floor traps, cooling towers, or air-conditioningdevices, for which the State Department of Health Services hasapproved the use of recycled water. (c) (1) Division 13 (commencing with Section 21000) of the PublicResources Code does not apply to any project which only involves therepiping, redesign, or use of recycled water for floor trap priming,cooling towers, or air-conditioning devices necessary to comply witha requirement prescribed by a public agency under subdivision (a). (2) The exemption in paragraph (1) does not apply to any projectto develop recycled water, to construct conveyance facilities forrecycled water, or any other project not specified in thissubdivision.13553.  (a) The Legislature hereby finds and declares that the useof potable domestic water for toilet and urinal flushing instructures is a waste or an unreasonable use of water within themeaning of Section 2 of Article X of the California Constitution ifrecycled water, for these uses, is available to the user and meetsthe requirements set forth in Section 13550, as determined by thestate board after notice and a hearing. (b) The state board may require a public agency or person subjectto this section to furnish any information that may be relevant tomaking the determination required in subdivision (a). (c) For purposes of this section and Section 13554, "structure" or"structures" means commercial, retail, and office buildings,theaters, auditoriums, condominium projects, schools, hotels,apartments, barracks, dormitories, jails, prisons, and reformatories,and other structures as determined by the State Department of PublicHealth. (d) Recycled water may be used in condominium projects, as definedin Section 1351 of the Civil Code, subject to all of the followingconditions: (1) Prior to the indoor use of recycled water in any condominiumproject, the agency delivering the recycled water to the condominiumproject shall file a report with, and receive written approval of thereport from, the State Department of Public Health. The report shallbe consistent with the provisions of Title 22 of the California Codeof Regulations generally applicable to dual-plumbed structures andshall include all the following: (A) That potable water service to each condominium project will beprovided with a backflow protection device approved by the StateDepartment of Public Health to protect the agency's public watersystem, as defined in Section 116275 of the Health and Safety Code.The backflow protection device approved by the State Department ofPublic Health shall be inspected and tested annually by a personcertified in the inspection of backflow prevention devices. (B) That any plumbing modifications in the condominium unit or anyphysical alteration of the structure will be done in compliance withstate and local plumbing codes. (C) That each condominium project will be tested by the recycledwater agency or the responsible local agency at least once every fouryears to ensure that there are no indications of a possible crossconnection between the condominium's potable and nonpotable systems. (D) That recycled water lines will be color coded consistent withcurrent statutes and regulations. (2) The recycled water agency or the responsible local agencyshall maintain records of all tests and annual inspections conducted. (3) The condominium's declaration, as defined in Section 1351 ofthe Civil Code, shall provide that the laws and regulations governingrecycled water apply, shall not permit any exceptions to those lawsand regulations, shall incorporate the report described in paragraph(1), and shall contain the following statement: "NOTICE OF USE OF RECYCLED WATER This property is approved by the State Department of Public Healthfor the use of recycled water for toilet and urinal flushing. Thiswater is not potable, is not suitable for indoor purposes other thantoilet and urinal flushing purposes, and requires dual plumbing.Alterations and modifications to the plumbing system require a permitand are prohibited without first consulting with the appropriatelocal building code enforcement agency and your property managementcompany or homeowners' association to ensure that the recycled wateris not mixed with the drinking water." (e) The State Department of Public Health may adopt regulations asnecessary to assist in the implementation of this section. (f) This section shall only apply to condominium projects that arecreated, within the meaning of Section 1352 of the Civil Code, on orafter January 1, 2008. (g) This section and Section 13554 do not apply to a pilot programadopted pursuant to Section 13553.1.13553.1.  (a) The Legislature hereby finds and declares that certaincoastal areas of the state have been using sea water to flushtoilets and urinals as a means of conserving potable water; that thispractice precludes the beneficial reuse of treated wastewater andhas had a deleterious effect on the proper wastewater treatmentprocess, and has led to corrosion of the sea water distributionpipelines and wastewater collection systems; and that this situationmust be changed. (b) There is a need for a pilot program to demonstrate thatconversion to the use of recycled water in residential buildings fortoilet and urinal flushing does not pose a threat to public healthand safety. (c) A city that is providing a separate distribution system forsea water for use in flushing toilets and urinals in residentialstructures may, by ordinance, authorize the use of recycled water forthe flushing of toilets and urinals in residential structures if thelevel of treatment and the use of the recycled water meets thecriteria set by the State Department of Health Services.13554.  (a) Any public agency, including a state agency, city,county, city and county, district, or any other political subdivisionof the state, may require the use of recycled water for toilet andurinal flushing in structures, except a mental hospital or otherfacility operated by a public agency for the treatment of personswith mental disorders, if all of the following requirements are met: (1) Recycled water, for these uses, is available to the user andmeets the requirements set forth in Section 13550, as determined bythe state board after notice and a hearing. (2) The use of recycled water does not cause any loss ordiminution of any existing water right. (3) The public agency has prepared an engineering report pursuantto Section 60323 of Title 22 of the California Code of Regulationsthat includes plumbing design, cross-connection control, andmonitoring requirements for the use site, which are in compliancewith criteria established pursuant to Section 13521. (b) This section applies only to either of the following: (1) New structures for which the building permit is issued on orafter March 15, 1992, or, if a building permit is not required, newstructures for which construction begins on or after March 15, 1992. (2) Any construction pursuant to subdivision (a) for which theState Department of Health Services has, prior to January 1, 1992,approved the use of recycled water. (c) Division 13 (commencing with Section 21000) of the PublicResources Code does not apply to any project which only involves therepiping, redesign, or use of recycled water by a structure necessaryto comply with a requirement issued by a public agency undersubdivision (a). This exemption does not apply to any project todevelop recycled water, to construct conveyance facilities forrecycled water, or any other project not specified in thissubdivision.13554.2.  (a) Any person or entity proposing the use of recycledwater shall reimburse the State Department of Health Services forreasonable costs that department actually incurs in performing dutiespursuant to this chapter. (b) (1) Upon a request from the person or entity proposing the useof recycled water, the State Department of Health Services shall,within a reasonable time after the receipt of the request, provide anestimate of the costs that it will reasonably incur in theperformance of its duties pursuant to this chapter. (2) For purposes of implementing subdivision (a), that departmentshall maintain a record of its costs. In determining those costs,that department may consider costs that include, but are not limitedto, costs relating to personnel requirements, materials, travel, andoffice overhead. The amount of reimbursement shall be equal to, andmay not exceed, that department's actual costs. (c) With the consent of the person or entity proposing the use ofrecycled water, the State Department of Health Services may delegateall or part of the duties that department performs pursuant to thischapter within a county to a local health agency authorized by theboard of supervisors to assume these duties, if, in the judgment ofthat department, the local health agency can perform these duties.Any person or entity proposing the use of recycled water shallreimburse the local health agency for reasonable costs that the localhealth agency actually incurs in the performance of its dutiesdelegated pursuant to this subdivision. (d) (1) Upon a request from the person or entity proposing the useof recycled water, the local health agency shall, within areasonable time after the receipt of the request, provide an estimateof the cost it will reasonably incur in the performance of itsduties delegated under subdivision (c). (2) The local health agency, if delegated duties pursuant tosubdivision (c), shall maintain a record of its costs that include,but is not limited to, costs relating to personnel requirements,materials, travel, and office overhead. The amount of reimbursementshall be equal to, and may not exceed, the local health agency'sactual costs. (e) The State Department of Health Services or local health agencyshall complete its review of a proposed use of recycled water withina reasonable period of time. That department shall submit to theperson or entity proposing the use of recycled water a writtendetermination as to whether the proposal submitted is complete forpurposes of review within 30 days from the date of receipt of theproposal and shall approve or disapprove the proposed use within 30days from the date on which that department determines that theproposal is complete. (f) An invoice for reimbursement of services rendered shall besubmitted to the person or entity proposing the use of recycled watersubsequent to completion of review of the proposed use, or otherservices rendered, that specifies the number of hours spent by theState Department of Health Services or local health agency, specifictasks performed, and other costs actually incurred. Supportingdocumentation, including receipts, logs, timesheets, and otherstandard accounting documents, shall be maintained by that departmentor local health agency and copies, upon request, shall be providedto the person or entity proposing the use of recycled water. (g) For the purposes of this section, "person or entity proposingthe use of recycled water" means the producer or distributor ofrecycled water submitting a proposal to the department.13554.3.  The State Water Resources Control Board may establish areasonable schedule of fees by which it is reimbursed for the costsit incurs pursuant to Sections 13553 and 13554.13555.2.  The Legislature hereby finds and declares that many localagencies deliver recycled water for nonpotable uses and that the useof recycled water is an effective means of meeting the demands fornew water caused by drought conditions or population increases in thestate. It is the intent of the Legislature to encourage the designand construction of water delivery systems on private property thatdeliver water for both potable and nonpotable uses in separatepipelines.13555.3.  (a) Water delivery systems on private property that coulddeliver recycled water for nonpotable uses described in Section13550, that are constructed on and after January 1, 1993, shall bedesigned to ensure that the water to be used for only potabledomestic uses is delivered, from the point of entry to the privateproperty to be served, in a separate pipeline which is not used todeliver the recycled water. (b) This section applies to water delivery systems on privateproperty constructed within either of the following jurisdictions: (1) One that has an urban water management plan that includes theintent to develop recycled water use. (2) One that does not have an urban water management plan thatincludes recycled water use, but that is within five miles of ajurisdiction that does have an urban water management plan thatincludes recycled water use, and has indicated a willingness to servethe water delivery system. (c) This section does not preempt local regulation of the deliveryof water for potable and nonpotable uses and any local governingbody may adopt requirements which are more restrictive than therequirements of this section.13555.5.  (a) If a recycled water producer determines that within 10years the recycled water producer proposes to provide recycled waterfor use for state landscape irrigation that meets all of theconditions set forth in Section 13550, the recycled water producershall so notify the Department of Transportation and the Departmentof General Services, and shall identify in the notice the area thatis eligible to receive the recycled water, and the necessaryinfrastructure that the recycled water producer or the retail watersupplier proposes to provide, to facilitate delivery of the recycledwater. (b) If notice has been provided pursuant to subdivision (a), allpipe installed by the Department of Transportation or the Departmentof General Services for landscape irrigation within the identifiedarea shall be of the type necessary to meet the requirements ofSection 116815 of the Health and Safety Code and applicableregulations.13556.  In addition to any other authority provided in law, anywater supplier described in subdivision (b) of Section 1745 mayacquire, store, provide, sell, and deliver recycled water for anybeneficial use, including, but not limited to, municipal, industrial,domestic, and irrigation uses, if the water use is in accordancewith statewide recycling criteria and regulations establishedpursuant to this chapter.13557.  (a) On or before December 31, 2009, the department, inconsultation with the State Department of Public Health, shall adoptand submit to the California Building Standards Commissionregulations to establish a state version of Chapter 16 of the UniformPlumbing Code adopted by the International Association of Plumbingand Mechanical Officials to provide design standards to safely plumbbuildings with both potable and recycled water systems. (b) Commencing July 1, 2011, and annually thereafter, thedepartment shall review and update, as necessary, the regulationsdeveloped pursuant to subdivision (a). (c) This section shall be exempt from the provisions of Section161.