SECTIONS 13550-13557 - California Statutes

WATER CODE

SECTION 13550-13557

13550. (a) The Legislature hereby finds and declares that the use
of potable domestic water for nonpotable uses, including, but not
limited to, cemeteries, golf courses, parks, highway landscaped
areas, and industrial and irrigation uses, is a waste or an
unreasonable use of the water within the meaning of Section 2 of
Article X of the California Constitution if recycled water is
available which meets all of the following conditions, as determined
by the state board, after notice to any person or entity who may be
ordered to use recycled water or to cease using potable water and a
hearing held pursuant to Article 2 (commencing with Section 648) of
Chapter 1.5 of Division 3 of Title 23 of the California Code of
Regulations:
(1) The source of recycled water is of adequate quality for these
uses and is available for these uses. In determining adequate
quality, the state board shall consider all relevant factors,
including, but not limited to, food and employee safety, and level
and types of specific constituents in the recycled water affecting
these uses, on a user-by-user basis. In addition, the state board
shall consider the effect of the use of recycled water in lieu of
potable water on the generation of hazardous waste and on the quality
of wastewater discharges subject to regional, state, or federal
permits.
(2) The recycled water may be furnished for these uses at a
reasonable cost to the user. In determining reasonable cost, the
state board shall consider all relevant factors, including, but not
limited to, the present and projected costs of supplying, delivering,
and treating potable domestic water for these uses and the present
and projected costs of supplying and delivering recycled water for
these uses, and shall find that the cost of supplying the treated
recycled water is comparable to, or less than, the cost of supplying
potable domestic water.
(3) After concurrence with the State Department of Health
Services, the use of recycled water from the proposed source will not
be detrimental to public health.
(4) The use of recycled water for these uses will not adversely
affect downstream water rights, will not degrade water quality, and
is determined not to be injurious to plantlife, fish, and wildlife.
(b) In making the determination pursuant to subdivision (a), the
state board shall consider the impact of the cost and quality of the
nonpotable water on each individual user.
(c) The state board may require a public agency or person subject
to this article to furnish information which the state board
determines to be relevant to making the determination required in
subdivision (a).

13551. A person or public agency, including a state agency, city,
county, city and county, district, or any other political subdivision
of the state, shall not use water from any source of quality
suitable for potable domestic use for nonpotable uses, including
cemeteries, golf courses, parks, highway landscaped areas, and
industrial and irrigation uses if suitable recycled water is
available as provided in Section 13550; however, any use of recycled
water in lieu of water suitable for potable domestic use shall, to
the extent of the recycled water so used, be deemed to constitute a
reasonable beneficial use of that water and the use of recycled water
shall not cause any loss or diminution of any existing water right.

13552. The amendments to Sections 13550 and 13551 of the Water Code
made during the first year of the 1991-92 Regular Session are not
intended to alter any rights, remedies, or obligations which may
exist prior to January 1, 1992, pursuant to, but not limited to,
those sections or Chapter 8.5 (commencing with Section 1501) of Part
1 of Division 1 of the Public Utilities Code.

13552.2. (a) The Legislature hereby finds and declares that the use
of potable domestic water for the irrigation of residential
landscaping is a waste or an unreasonable use of water within the
meaning of Section 2 of Article X of the California Constitution if
recycled water, for this use, is available to the residents and meets
the requirements set forth in Section 13550, as determined by the
state board after notice and a hearing.
(b) The state board may require a public agency or person subject
to this section to submit information that the state board determines
may 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 subdivision
of the state, may require the use of recycled water for irrigation
of residential landscaping, if all of the following requirements are
met:
(1) Recycled water, for this use, is available to the user and
meets the requirements set forth in Section 13550, as determined by
the state board after notice and a hearing.
(2) The use of recycled water does not cause any loss or
diminution of any existing water right.
(3) The irrigation systems are constructed in accordance with
Chapter 3 (commencing with Section 60301) of Division 4 of Title 22
of 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 or
after March 15, 1994, or, if a building permit is not required, new
structures for which construction begins on or after March 15, 1994,
for which the State Department of Public Health has approved the use
of recycled water.
(2) Any residence that is retrofitted to permit the use of
recycled water for landscape irrigation and for which the State
Department of Public Health has approved the use of recycled water.
(c) (1) Division 13 (commencing with Section 21000) of the Public
Resources Code does not apply to any project that only involves the
repiping, redesign, or use of recycled water for irrigation of
residential landscaping necessary to comply with a requirement
prescribed by a public agency under subdivision (a).
(2) The exemption in paragraph (1) does not apply to any project
to develop recycled water, to construct conveyance facilities for
recycled water, or any other project not specified in this
subdivision.

13552.5. (a) (1) On or before July 31, 2009, the state board shall
adopt a general permit for landscape irrigation uses of recycled
water for which the State Department of Public Health has established
uniform statewide recycling criteria pursuant to Section 13521.
(2) The state board shall establish criteria to determine
eligibility for coverage under the general permit.
(3) For the purpose of developing the general permit and
establishing eligibility criteria to carry out paragraph (1), the
state board shall hold at least one workshop and shall consult with
and consider comments from the regional boards, groundwater
management agencies and water replenishment districts with statutory
authority to manage groundwater pursuant to their principal act, and
any interested party.
(4) The general permit shall include language that provides for
the modification of the terms and conditions of the general permit if
a regulatory or statutory change occurs that affects the application
of the general permit or as necessary to ensure protection of
beneficial uses.
(b) The state board shall establish a reasonable schedule of fees
to 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 this
section, an applicant may obtain coverage for a landscape irrigation
use of recycled water by filing a notice of intent to be covered
under the general permit and submitting the appropriate fee
established pursuant to subdivision (b) to the state board.
(d) Coverage under the general permit adopted pursuant to this
section 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 the
eligibility criteria established pursuant to paragraph (2) of
subdivision (a).
(3) The state board has made the application available for public
review and comment for 30 days.
(4) The state board has consulted with the appropriate regional
board.
(5) The executive officer of the state board approves the
application.
(e) (1) Except as provided by modification of the general permit,
a person eligible for coverage under the general permit pursuant to
subdivision (d) is not required to become or remain subject to
individual waste discharge requirements or water reclamation
requirements.
(2) For a landscape irrigation use of recycled water, a person who
is subject to general or individual waste discharge requirements
prescribed pursuant to Section 13263 or 13377, or is subject to
individual or master water reclamation requirements prescribed
pursuant to Section 13523 or 13523.1, may apply for coverage under
the general permit adopted pursuant to this section in lieu of
remaining subject to requirements prescribed pursuant to those
sections.
(f) (1) The state board shall designate an ombudsperson to
coordinate and facilitate communication on recycled water, on the
issuance of water reclamation requirements or waste discharge
requirements, as applicable, pursuant to Section 13523 or 13523.1 or
this section, and on the promotion of water recycling while ensuring
reasonable protection of water quality in accordance with applicable
provisions of state and federal water quality law.
(2) The person appointed pursuant to paragraph (1) shall
facilitate consultations between the state board and the regional
boards relating to matters described in that paragraph.

13552.6. (a) The Legislature hereby finds and declares that the use
of potable domestic water for floor trap priming, cooling towers,
and air-conditioning devices is a waste or an unreasonable use of
water within the meaning of Section 2 of Article X of the California
Constitution if recycled water, for these uses, is available to the
user, and the water meets the requirements set forth in Section
13550, as determined by the state board after notice and a hearing.
(b) The state board may require a public agency or person subject
to this section to submit information that the state board determines
may 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 subdivision
of the state, may require the use of recycled water in floor trap
priming, cooling towers, and air-conditioning devices, if all of the
following requirements are met:
(1) Recycled water, for these uses, is available to the user and
meets the requirements set forth in Section 13550, as determined by
the state board after notice and a hearing.
(2) The use of recycled water does not cause any loss or
diminution 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 the
use of mist arrestors or the addition of biocides to the water in
accordance with criteria established pursuant to Section 13521.
(4) The person intending to use recycled water has prepared an
engineering report pursuant to Section 60323 of Title 22 of the
California Code of Regulations that includes plumbing design,
cross-connection control, and monitoring requirements for the public
agency, which are in compliance with criteria established pursuant to
Section 13521.
(b) This section applies to both of the following:
(1) New industrial facilities and subdivisions for which the
building permit is issued on or after March 15, 1994, or, if a
building permit is not required, new structures for which
construction begins on or after March 15, 1994, for which the State
Department of Health Services has approved the use of recycled water.
(2) Any structure that is retrofitted to permit the use of
recycled water for floor traps, cooling towers, or air-conditioning
devices, for which the State Department of Health Services has
approved the use of recycled water.
(c) (1) Division 13 (commencing with Section 21000) of the Public
Resources Code does not apply to any project which only involves the
repiping, redesign, or use of recycled water for floor trap priming,
cooling towers, or air-conditioning devices necessary to comply with
a requirement prescribed by a public agency under subdivision (a).
(2) The exemption in paragraph (1) does not apply to any project
to develop recycled water, to construct conveyance facilities for
recycled water, or any other project not specified in this
subdivision.

13553. (a) The Legislature hereby finds and declares that the use
of potable domestic water for toilet and urinal flushing in
structures is a waste or an unreasonable use of water within the
meaning of Section 2 of Article X of the California Constitution if
recycled water, for these uses, is available to the user and meets
the requirements set forth in Section 13550, as determined by the
state board after notice and a hearing.
(b) The state board may require a public agency or person subject
to this section to furnish any information that may be relevant to
making 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 Public
Health.
(d) Recycled water may be used in condominium projects, as defined
in Section 1351 of the Civil Code, subject to all of the following
conditions:
(1) Prior to the indoor use of recycled water in any condominium
project, the agency delivering the recycled water to the condominium
project shall file a report with, and receive written approval of the
report from, the State Department of Public Health. The report shall
be consistent with the provisions of Title 22 of the California Code
of Regulations generally applicable to dual-plumbed structures and
shall include all the following:
(A) That potable water service to each condominium project will be
provided with a backflow protection device approved by the State
Department of Public Health to protect the agency's public water
system, as defined in Section 116275 of the Health and Safety Code.
The backflow protection device approved by the State Department of
Public Health shall be inspected and tested annually by a person
certified in the inspection of backflow prevention devices.
(B) That any plumbing modifications in the condominium unit or any
physical alteration of the structure will be done in compliance with
state and local plumbing codes.
(C) That each condominium project will be tested by the recycled
water agency or the responsible local agency at least once every four
years to ensure that there are no indications of a possible cross
connection between the condominium's potable and nonpotable systems.
(D) That recycled water lines will be color coded consistent with
current statutes and regulations.
(2) The recycled water agency or the responsible local agency
shall maintain records of all tests and annual inspections conducted.
(3) The condominium's declaration, as defined in Section 1351 of
the Civil Code, shall provide that the laws and regulations governing
recycled water apply, shall not permit any exceptions to those laws
and 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 Health
for the use of recycled water for toilet and urinal flushing. This
water is not potable, is not suitable for indoor purposes other than
toilet and urinal flushing purposes, and requires dual plumbing.
Alterations and modifications to the plumbing system require a permit
and are prohibited without first consulting with the appropriate
local building code enforcement agency and your property management
company or homeowners' association to ensure that the recycled water
is not mixed with the drinking water."

(e) The State Department of Public Health may adopt regulations as
necessary to assist in the implementation of this section.
(f) This section shall only apply to condominium projects that are
created, within the meaning of Section 1352 of the Civil Code, on or
after January 1, 2008.
(g) This section and Section 13554 do not apply to a pilot program
adopted pursuant to Section 13553.1.

13553.1. (a) The Legislature hereby finds and declares that certain
coastal areas of the state have been using sea water to flush
toilets and urinals as a means of conserving potable water; that this
practice precludes the beneficial reuse of treated wastewater and
has had a deleterious effect on the proper wastewater treatment
process, and has led to corrosion of the sea water distribution
pipelines and wastewater collection systems; and that this situation
must be changed.
(b) There is a need for a pilot program to demonstrate that
conversion to the use of recycled water in residential buildings for
toilet and urinal flushing does not pose a threat to public health
and safety.
(c) A city that is providing a separate distribution system for
sea water for use in flushing toilets and urinals in residential
structures may, by ordinance, authorize the use of recycled water for
the flushing of toilets and urinals in residential structures if the
level of treatment and the use of the recycled water meets the
criteria 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 subdivision
of the state, may require the use of recycled water for toilet and
urinal flushing in structures, except a mental hospital or other
facility operated by a public agency for the treatment of persons
with mental disorders, if all of the following requirements are met:
(1) Recycled water, for these uses, is available to the user and
meets the requirements set forth in Section 13550, as determined by
the state board after notice and a hearing.
(2) The use of recycled water does not cause any loss or
diminution of any existing water right.
(3) The public agency has prepared an engineering report pursuant
to Section 60323 of Title 22 of the California Code of Regulations
that includes plumbing design, cross-connection control, and
monitoring requirements for the use site, which are in compliance
with 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 or
after March 15, 1992, or, if a building permit is not required, new
structures for which construction begins on or after March 15, 1992.
(2) Any construction pursuant to subdivision (a) for which the
State 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 Public
Resources Code does not apply to any project which only involves the
repiping, redesign, or use of recycled water by a structure necessary
to comply with a requirement issued by a public agency under
subdivision (a). This exemption does not apply to any project to
develop recycled water, to construct conveyance facilities for
recycled water, or any other project not specified in this
subdivision.

13554.2. (a) Any person or entity proposing the use of recycled
water shall reimburse the State Department of Health Services for
reasonable costs that department actually incurs in performing duties
pursuant to this chapter.
(b) (1) Upon a request from the person or entity proposing the use
of recycled water, the State Department of Health Services shall,
within a reasonable time after the receipt of the request, provide an
estimate of the costs that it will reasonably incur in the
performance of its duties pursuant to this chapter.
(2) For purposes of implementing subdivision (a), that department
shall maintain a record of its costs. In determining those costs,
that department may consider costs that include, but are not limited
to, costs relating to personnel requirements, materials, travel, and
office overhead. The amount of reimbursement shall be equal to, and
may not exceed, that department's actual costs.
(c) With the consent of the person or entity proposing the use of
recycled water, the State Department of Health Services may delegate
all or part of the duties that department performs pursuant to this
chapter within a county to a local health agency authorized by the
board of supervisors to assume these duties, if, in the judgment of
that department, the local health agency can perform these duties.
Any person or entity proposing the use of recycled water shall
reimburse the local health agency for reasonable costs that the local
health agency actually incurs in the performance of its duties
delegated pursuant to this subdivision.
(d) (1) Upon a request from the person or entity proposing the use
of recycled water, the local health agency shall, within a
reasonable time after the receipt of the request, provide an estimate
of the cost it will reasonably incur in the performance of its
duties delegated under subdivision (c).
(2) The local health agency, if delegated duties pursuant to
subdivision (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 reimbursement
shall be equal to, and may not exceed, the local health agency's
actual costs.
(e) The State Department of Health Services or local health agency
shall complete its review of a proposed use of recycled water within
a reasonable period of time. That department shall submit to the
person or entity proposing the use of recycled water a written
determination as to whether the proposal submitted is complete for
purposes of review within 30 days from the date of receipt of the
proposal and shall approve or disapprove the proposed use within 30
days from the date on which that department determines that the
proposal is complete.
(f) An invoice for reimbursement of services rendered shall be
submitted to the person or entity proposing the use of recycled water
subsequent to completion of review of the proposed use, or other
services rendered, that specifies the number of hours spent by the
State Department of Health Services or local health agency, specific
tasks performed, and other costs actually incurred. Supporting
documentation, including receipts, logs, timesheets, and other
standard accounting documents, shall be maintained by that department
or local health agency and copies, upon request, shall be provided
to the person or entity proposing the use of recycled water.
(g) For the purposes of this section, "person or entity proposing
the use of recycled water" means the producer or distributor of
recycled water submitting a proposal to the department.

13554.3. The State Water Resources Control Board may establish a
reasonable schedule of fees by which it is reimbursed for the costs
it incurs pursuant to Sections 13553 and 13554.

13555.2. The Legislature hereby finds and declares that many local
agencies deliver recycled water for nonpotable uses and that the use
of recycled water is an effective means of meeting the demands for
new water caused by drought conditions or population increases in the
state. It is the intent of the Legislature to encourage the design
and construction of water delivery systems on private property that
deliver water for both potable and nonpotable uses in separate
pipelines.

13555.3. (a) Water delivery systems on private property that could
deliver recycled water for nonpotable uses described in Section
13550, that are constructed on and after January 1, 1993, shall be
designed to ensure that the water to be used for only potable
domestic uses is delivered, from the point of entry to the private
property to be served, in a separate pipeline which is not used to
deliver the recycled water.
(b) This section applies to water delivery systems on private
property constructed within either of the following jurisdictions:
(1) One that has an urban water management plan that includes the
intent to develop recycled water use.
(2) One that does not have an urban water management plan that
includes recycled water use, but that is within five miles of a
jurisdiction that does have an urban water management plan that
includes recycled water use, and has indicated a willingness to serve
the water delivery system.
(c) This section does not preempt local regulation of the delivery
of water for potable and nonpotable uses and any local governing
body may adopt requirements which are more restrictive than the
requirements of this section.

13555.5. (a) If a recycled water producer determines that within 10
years the recycled water producer proposes to provide recycled water
for use for state landscape irrigation that meets all of the
conditions set forth in Section 13550, the recycled water producer
shall so notify the Department of Transportation and the Department
of General Services, and shall identify in the notice the area that
is eligible to receive the recycled water, and the necessary
infrastructure that the recycled water producer or the retail water
supplier proposes to provide, to facilitate delivery of the recycled
water.
(b) If notice has been provided pursuant to subdivision (a), all
pipe installed by the Department of Transportation or the Department
of General Services for landscape irrigation within the identified
area shall be of the type necessary to meet the requirements of
Section 116815 of the Health and Safety Code and applicable
regulations.

13556. In addition to any other authority provided in law, any
water supplier described in subdivision (b) of Section 1745 may
acquire, store, provide, sell, and deliver recycled water for any
beneficial use, including, but not limited to, municipal, industrial,
domestic, and irrigation uses, if the water use is in accordance
with statewide recycling criteria and regulations established
pursuant to this chapter.

13557. (a) On or before December 31, 2009, 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 Chapter 16 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) Commencing July 1, 2011, and annually thereafter, the
department shall review and update, as necessary, the regulations
developed pursuant to subdivision (a).
(c) This section shall be exempt from the provisions of Section
161.