City of Sacramento
Law and Legislation Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01836 11/15/2022 Discussion Item 6.
An Ordinance Amending Section 15.24.030 and Adding Sections 15.24.040 and 15.24.050 to the Sacramento City Code to Adopt Local Amendments to the California Building Standards Code, Relating to Alternate Water Systems
File ID: 2022-01836
Location: Citywide
Recommendation: 1) Review Environmental Exemption (per CEQA Guidelines Section 15061(b)(3); 15060(c)(3) - no potential for causing signification effect on the environment; Section 15307 - action by regulatory agency to assure the maintenance, restoration, or enhancement of a natural resource; Section 15308 - action by regulatory agency to assure the maintenance, restoration, enhancement or protection of the environment); 2) Review an Ordinance amending Section 15.24.030 and adding Sections 15.24.040 and 15.24.050 to the Sacramento City Code to adopt local amendments to the California Building Standards Code, relating alternate water systems; and 3) pass a Motion forwarding the Ordinance to City Council for consideration.
Contact: Yvette Rincon, Chief of Staff to the Director of Utilities, (916) 808-1806, [email protected], Department of Utilities, Matt Hertel, AICP, Principal Planner, (916) 808-7158, [email protected], Community Development Department, Laura Tuller, Associate Planner, (916) 808-3546, [email protected], Community Development Department
Presenter: Yvette Rincon, Chief of Staff to the Director of Utilities, (916) 808-1806, [email protected], Department of Utilities
Attachments:
1-Description/Analysis
2-Response to Direction from Law and Legislation Committee 3-Alternate Water Systems (Dual Plumbing) Ordinance - Redline 4-Alternate Water Systems (Dual Plumbing) Ordinance - Clean 5-Resolution - Studying Onsite Treatment and Reuse of Non-Potable Water Additional Description/Analysis
File ID: 2022-01836 11/15/2022 Discussion Item 6.
Issue Detail: On September 20, 2022, the Law and Legislation Committee directed staff to draft the Alternate Water Systems Ordinance (also known as the Dual Plumbing Ordinance) which establishes requirements for new commercial buildings 10,000 square feet or more to install gray water systems for subsurface irrigation and for new commercial buildings 50,000 square feet or more to install piping that could be utilized for an onsite non-potable gray water system. This ordinance includes exemptions for residential buildings (California Building Standards Code, Chapter 3 R-2, R-2.1, R-3, R-4 occupancy classifications); additions and improvements, including tenant improvements in existing buildings as defined in the California Building Standards Code; child-care centers; grocery stores to be constructed in food deserts; mini storage, locker buildings; and warehouse, distribution centers. Staff responses to Law and Legislation Committee direction are documented in Attachment
2. The City Council adopted Resolution No. 2021-0166 concurrent with the New Building Electrification Ordinance in June 2021 and directed staff to evaluate opportunities for the expansion of water conservation standards for buildings as a means of accelerating the just transition of labor segments that may be impacted by implementation of all-electric new construction requirements. This Alternate Water Systems Ordinance or dual plumbing ordinance (Ordinance) emerged from staff recommendations and Law and Legislation Committee direction following completion of the Dual Plumbing and Onsite Non-Potable Water Systems Study. Additional information about the Ordinance can be found in the Background, and the full draft of the Ordinance is included as Attachment 3. In addition, per direction from the September 20
th, 2022, Law and Legislation Committee meeting, staff
has developed a resolution outlining City commitment to study the costs and programmatic requirements for onsite treatment and reuse of non-potable water. This draft resolution is included as Attachment 5.
Policy Considerations: The 2035 General Plan includes the following policy related to water conservation:
ER 6.1.7 Greenhouse Gas Reduction in New Development. The City shall reduce greenhouse gas emissions from new development by discouraging auto dependent sprawl and dependence on the private automobile; promoting water conservation and recycling; promoting development that is compact, mixed use, pedestrian friendly, and transit oriented; promoting energy-efficient building design and site planning; improving the jobs/housing ratio in each community; and other methods of reducing emissions.
On November 12, 2019, Council adopted the Vision and Guiding Principles for the 2040 General Plan and Climate Action and Adaptation Plan Update. This document includes the commitment to take bold action to achieve carbon neutrality by 2045 and become a leading voice in the effort to reduce greenhouse gas emissions (GHGs) and adapt to climate change. Principles of sustainable and responsible growth include:
6. Make Sacramento a model of sustainable living by promoting environmentally conscious
File ID: 2022-01836 11/15/2022 Discussion Item 6.
and health promoting design of buildings, parks, and infrastructure, as well as by promoting the adaptive reuse of existing buildings and the careful conservation of energy, water, open spaces, trees, and other natural resources.
Economic Impacts: The economic impacts of a dual plumbing ordinance would be increased construction costs for commercial nonresidential development and increased demand for plumbing services. The Dual Plumbing and Onsite Non-Potable Water Systems Study estimates that the cost of installing separate additional piping for the purposes of reusing gray water onsite is $2.88 per square foot for buildings 50,000 sf or larger. Some of this cost could be offset by potential cost savings from all electric construction. The study did not include detailed cost estimates of treatment systems or ongoing operation and maintenance costs, or potential savings from reduction in water use. These items will be included in a study to be initiated in 2023 by the Department of Utilities (Attachment 5).
Environmental Considerations:
California Environmental Quality Act (CEQA): The adoption of an ordinance is a project under the California Environmental Quality Act (CEQA). The ordinance seeks to reduce water use, and energy associated with water use, as part of the City’s response to climate change.
The proposed ordinance would, in certain defined projects, require a gray water system to provide subsurface irrigation in some developments; installation of piping that could be utilized for an on-site treated non-potable gray water system for water closets and urinals; and add additional regulations concerning various land uses.
The direct physical effect on the environment of the proposed ordinance would be negligible and less than significant. The beneficial effects of the proposed ordinance on the physical environment would include support for the City’s climate change efforts.
Because it can be seen with certainty that the action would not result in significant effects the action is exempt from CEQA pursuant to the commonsense exemption provided in CEQA Guidelines sections15061(b)(3); 15060(c)(3).
The proposed ordinance is exempt pursuant to CEQA Guidelines section 15307 because it is an action taken to assure the maintenance, restoration, or enhancement of natural resources where the regulatory process involves procedures for protection of the environment and section 15308 because it is an action taken to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.
The proposed ordinance is consistent with City policies in the 2035 General Plan and other plans to reduce greenhouse gas emissions and reduce water use. Adoption and implementation of the Ordinance would not result in any significant effects.
File ID: 2022-01836 11/15/2022 Discussion Item 6.
Sustainability: It is anticipated that the Alternate Water Systems Ordinance (Dual Plumbing Ordinance) will have a net positive impact on the environment, because it will conserve valuable potable water supply by utilizing gray water for landscape irrigation needs for large buildings and install plumbing infrastructure in buildings needed to reuse gray water onsite for indoor end uses such as toilet and urinal flushing (water closets). Matching alternate water sources with the right end uses saves valuable potable water supply and supports a more resilient and sustainable water management system.
Commission/Committee Action: On September 20, 2022, staff presented an Ordinance framework to the Law and Legislation Committee and staff were directed to:
1. Conduct additional outreach with stakeholders from UA Local 447 and Sacramento Regional Builders Exchange regarding revised direction for an ordinance requiring alternate water systems (dual plumbing) and onsite reuse of gray water for certain types of new buildings.
2. Return to Law and Legislation Committee in November 2022 with a draft ordinance, and a resolution for Phase 2 of the Onsite Water Reuse study.
Additional follow up actions directed by the Committee are detailed in Attachment 2.
Rationale for Recommendation: Staff recommend adoption of the Alternate Water Systems Ordinance (Dual Plumbing Ordinance) for the reasons outlined below:
Sustainable and Resilient Water Management:
Onsite water reuse systems allow building owners to
match alternate water sources with the appropriate non-potable end use, such as landscape irrigation or toilet and urinal flushing. Water that is reused for toilet and urinal flushing could subsequently be treated by Regional Sanitation and reused again, including for irrigation through the forthcoming Harvest Water <https://www.regionalsan.com/harvest-water> program.
Just Job Transition: On January 1st, 2023, the New Building Electrification Ordinance will take effect requiring all electric construction for new buildings three stories or less. All electric construction will be required for all new buildings beginning on January 1, 2026. While building decarbonization will create many new jobs in multiple sectors, job losses are projected for plumbers and gas pipefitters.
Thus, it is important for the City and other regional policymakers to take action to create opportunities to ensure there is a just transition away from fossil fuels across the Sacramento region. In addition to environmental benefit of utilizing gray water instead of potable water, dual plumbing for onsite water reuse is one potential avenue to mitigate job losses that may be caused by electrification while increasing resilience and improving adaptation to our changing climate.
Financial Considerations: The Alternate Water Systems Ordinance (Dual Plumbing Ordinance) is not anticipated to have a significant cost impact for the City. The Department of Utilities and Community Development Department could implement the proposed ordinance with existing resources. However, the second phase (outlined in the draft Resolution (Attachment 5)) is anticipated to require additional staff resources to implement onsite treatment of non-potable water. The financial resources that may be required to implement a full onsite non-potable water reuse program will not
File ID: 2022-01836 11/15/2022 Discussion Item 6.
be fully known until the phase two study is complete.
Local Business Enterprise (LBE): Not applicable.
Background: Since receiving initial City Council Direction on June 1, 2021, staff have:
· Commissioned Kennedy Jenks to perform a study examining the regulatory, technical, and economic considerations of requiring alternate water systems (dual plumbing) for the purposes of reusing non-potable water onsite in certain types of commercial nonresidential new construction.
· Presented updates to the Law and Legislation Committee (6/21/2022, 7/19/2022) and Planning and Design Commission (6/23/2022).
· Held numerous stakeholder engagement meetings, including with UA Local 447, Sacramento Regional Builders Exchange, Regional Sanitation, and Sacramento County Environmental Management Division.
· Toured buildings with onsite non-potable water reuse systems in San Francisco and Sacramento.
· Returned to the Law and Legislation Committee on 9/20/2022, where direction was given to draft the ordinance as presented in this staff report.
The Alternate Water Systems Ordinance (Dual Plumbing Ordinance) (Attachment 3) includes the following changes to the Sacramento City Code:
Local amendments to the California Building Standards Code, made through amending Sacramento City Code Title 15, “the Sacramento Building Code” to require:
· Building permit applications filed on or after July 1, 2023, for newly constructed commercial buildings 10,000 square feet or greater to install gray water systems for subsurface irrigation. · Building permit applications filed on or after July 1, 2023, for newly constructed commercial buildings 50,000 square feet or greater to install separate additional piping system that could be utilized for an onsite non-potable gray water system.
Exceptions to these requirements will be provided for:
· Buildings or parts of a building with a California Building Code Chapter 3 R-2, r-2.1, R-3, R-
3.1, R-4 occupancy classification.
· Additions and improvements, including tenant improvements, in existing buildings as defined in the California Building Code.
· Child-care centers; grocery stores to be constructed in food deserts; mini storage, locker buildings; and warehouse distribution centers. (as defined in draft ordinance).
File ID: 2022-01836 11/15/2022 Discussion Item 6.
Based on direction from the Law and Legislation Committee, a resolution is included as Attachment 5, which includes commitment from the City to study the costs and programmatic requirements for onsite treatment and reuse of non-potable water. Considerations for future study include:
· Costs, programmatic requirements for and impacts of a potential requirement for onsite reuse of gray water and black water in certain types of new construction. · Possible incentives for buildings that install alternate water and onsite treatment and reuse systems.
· Potential costs and benefits of expanding water reuse requirements to new large multi-unit residential construction.
· Resources and staffing requirements for program implementation.
Response to Direction from 9/20/2022 Law and Legislation Committee L&L Direction Staff response
1 Conduct additional outreach
with UA Local 447 and
Sacramento Regional Builders
Exchange.
Staff met with representatives from UA Local 447 on 9/29 and 10/6 to discuss Law and Legislation committee direction and draft ordinance provisions. Staff reached out to Sacramento Regional Builders Exchange for comments and questions on the Law and Legislation Committee direction from the 9/20/2022 meeting.
Staff met with San Francisco’s Chief Plumbing Inspector to discuss inspection/testing requirements for dual plumbed systems not yet connected to gray water source and treatment.
2 Question of surfactants from
the reuse of gray water for
subsurface landscape irrigation
Strategies to avoid potential accumulation of surfactants and salts include selecting salt-tolerant plants, leaching out salts, monitoring the total dissolved solids (TDS), and avoiding additional fertilizers
1. Building managers should be made aware of strategies to monitor and maintain landscapes irrigated by gray water. 3 Investigate potential issues
with rate of flow to Regional
Sanitation plant in instances of
graywater reuse for subsurface
landscape irrigation.
Staff followed up with representatives from Regional Sanitation, who shared the following information:
• The ordinance, as currently proposed, is not projected to significantly impact Regional Sanitation’s flows. However, this could change if the program requirements are
expanded to more buildings, or the types of diverted
water expand to include black water reuse.
• Reduction in wastewater flows will have an operation
al
im
pact to the upper reaches of the sanitary sewer
sy
stems managed by SacSewer and Department of
Utilities. Sewage flows that are less than the design
standard allow solid material to settle out, which can lead to increased maintenance requirements and increased
sanitary sewer overflows. The reduced flows can also
affect the privately-owned plumbing onsite.
• T
his ordinance will result in construction of redundant
infrastructure that will not significantly increase reuse in the region. This is because Regional San will soon be
capable of recycling all of the sewage it receives. Any onsite reuse will be reducing flows available for Region al
S
an’s recycled water program:
o Regional San flows have already been significantly
impacted by water conservation in the region.
Flows to the Sacramento Regional Wastewate
r
Treatment Plant are actually less than they were
1 Central Basin Municipal Water District, Los Angeles Dept of Water and Power, Water Replenishment District.
Salinity Management Guide: The Links Between Soil, Salt, and Recycled Water. 2007 (https://watereuse.org/salinity-management/cp/cp_1.html) 20 years ago, despite the significant growth
experienced in the region.
o The Sacramento region, the State of California,
and the federal government have invested over
$1.7 billion in Regional San’s EchoWater project,
which, when complete in early 2023, will allow
Regional San to recycle all of its influent.
o Regional San is implementing the Harvest Water
program that will deliver up to 50,000 acre-feet of
water to agricultural areas in southern
Sacramento County, resulting in multiple
environmental benefits. The cost of this program
is estimated at over $440 million and will be
funded by the State of California and Regional San
ratepayers.
o Regional San recently constructed the
Sacramento Power Authority recycled water
pipeline, funded by the State of California and
Regional San ratepayers. It is designed to have
several spurs off of it to supply recycled water to
parks and other green spaces within the City of
Sacramento.
4 Consider regulations that
require recirculation pumps.
Several other jurisdictions offer incentives for the installation of recirculation pumps. However, research suggests the water conservation benefit from recirculation pumps is not consistent.
Staff will continue to monitor the technology as part of broader water conservation efforts.
5 Coordination with SMUD,
community, and labor partners
in implementation of existing
building electrification pilots to
maximize job benefit and
improve resiliency in
participating homes.
Staff will continue to engage with SMUD and a range of
stakeholders as the City moves forward with home
rehabilitation/existing building electrification pilots. Staff will continue to explore additional funding and partnership
opportunities to leverage with City efforts to maximize community benefit and support a just transition of plumbing and gas pipefitting jobs.
1 ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING SECTION 15.24.030 AND ADDING SECTIONS 15.24.040 AND
15.24.050 TO THE SACRAMENTO CITY CODE TO ADOPT LOCAL AMENDMENTS TO THE CALIFORNIA BUILDING STANDARDS CODE, RELATING TO ALTERNATE WATER SYSTEMS
BE IT ENACTED BY THE COUNCIL OF
THE CITY OF SACRAMENTO:
SECTION 1.
In connection with the local amendments to the 2022 California Plumbing Code set forth below, and pursuant to California Health and Safety Code sections 17958, 17958.5, 17958.7, and 18941.5, the City Council finds and determines that:
A. The amendments are reasonably necessary because of local climatic, geological, or topographical conditions.
B. Under this adopting ordinance, specific amendments are established that are more restrictive than those adopted by the State of California under the State Buildings Standards Code, Title 24 of the California Code of Regulations.
C. Express Finding Number 1: Climatic
“Climate change is having a profound impact on California’s water resources, as evidenced by
greater weather extremes, reduced snowpack, higher sea level, and changes in river flows."1 “Increases in temperature are already causing decreases in snowpack. The mountain snowpack provides as much as a third of California’s water supply by accumulating snow during our wet winters and releasing it slowly during our dry springs and summers. Warmer temperatures will melt the snow faster and earlier, making it more difficult to store and use throughout the dry season. By the end of this century, California’s Sierra Nevada snowpack is projected to experience a 48‐65% loss from the historical April 1 average. This significant decrease in snowpack has a direct impact on water supply for Californians.”2
1 California Department of Water Resources, Climate Change Program, as of September 8, 2022, https://water.ca.gov/programs/all‐programs/climate‐change‐program. 2 California Department of Water Resources, Climate Change and Water, as of September 8, 2022, https://water.ca.gov/Programs/All‐Programs/Climate‐Change‐Program/Climate‐Change‐ and‐Water.
2 “The last two decades underscore California’s strong propensity for wet and dry periods, with a string of multi‐year droughts punctuated by a few spectacular wet years.”3 “Under current water management operations, modeling indicates that the annual volume of water stored in Shasta and Oroville reservoirs, the two largest in the state, could shrink by one‐third by the end of the century. This reduced storage could limit water supplies and thus lower resilience to droughts.”4
“Historically, California has relied heavily on the Sierra Nevada snowpack. Runoff from melting mountain snow is captured and distributed throughout the state via an extensive network of aqueducts.”
5 “Water managers may not, on average, be presented with less overall precipitation, but more of it will fall as rain instead of snow, and the snow that does manage to accumulate will melt earlier in the spring. Thus, climate change will jeopardize California’s dependence on mountain snowpack as a natural water reservoir which stores water from winter storms and gradually releases it in spring and summer.”6 “Changes in precipitation, reduced snowpack, and more frequent droughts are likely to increase the demand on groundwater sources, risking overdraft, ground subsidence, and decreased water quality.”7 More intense droughts is one of the climate risks facing Sacramento.8 “The Sacramento Valley is especially prone to water shortages and impaired water quality. Dehydration is a major risk factor for adverse health outcomes, especially during the warm season. The Central Valley will be more prone to droughts and floods arising from increased weather extremes. Extreme floods could pose especially large public health threats (Swain et al. 2015).”9
The City of Sacramento’s 2020 Urban Water Management Plan and the recently completed American River Basin Plan acknowledge these general climatic trends. The City of Sacramento maintains high priority access to water supply that is stored and dedicated to the City of Sacramento for consumptive use. The City of Sacramento
does not anticipate any localized
shortages, though supply augmentation projects extend availability of infrastructure capacity.
Supply augmentation and conservation programs also align with the goal of meeting long term conservation measures being developed by the State of California.
The following building standards in the 2022 California Building Standards Code are amended or
added based upon this express finding:
3 Scripps Institution of Oceanography at UC San Diego, Climate Change Resources, FAQ: Climate Change in California, as of September 8, 2022, https://scripps.ucsd.edu/research/climate‐ change‐resources/faq‐climate‐change‐california.
4 Id.
5 Id.
6 Id.
7 California Department of Water Resources, Climate Change Basics, as of September 8, 2022, https://water.ca.gov/Water‐Basics/Climate‐Change‐Basics. 8 Houlton, Benjamin Jay Lund, (University of California, Davis) 2018. Sacramento Summary Report. California’s Fourth Climate Change Assessment. Publication number: SUM‐CCCA4‐2018‐ 002, page 6.
9 Id. at page 23.
3 ● 2022 California Plumbing Code section 1503.1.4 (requiring gray water systems for subsurface irrigation for new construction of buildings 10,000 square feet or greater).
● 2022 California Plumbing Code secƟon 1503.3 (adding an exception to allow potable water to supplement a gray water system).
● 2022 California Plumbing Code section 1506.1.1 (requiring installation of a separate additional piping system that could be utilized for an on‐site nonpotable gray water systems for new construction of buildings that are 50,000 square feet or greater).
● 2022 California Plumbing Code secƟon 1506.4 (adding an exception to allow potable water to connect to a separate, additional piping system for an on‐site treated nonpotable gray water system for water closets and urinals).
● 2022 California Plumbing Code Sections 205.0, 208.0, 209.0, 215.0 225.0 (implementing definitions).
SECTION 2.
A. Section 15.24.030 of the Sacramento City Code is hereby amended as follows:
1. Subsection D is hereby added to read as follows:
D. CPC section 1503.1.4 is added to read as follows:
1503.1.4 Subsurface Irrigation
For building permit applications filed on or after July 1, 2023, buildings that are 10,000 square feet or greater must include a gray water system to provide subsurface irrigation as provided in this chapter.
Exceptions:
(1) Gray water systems are not required for any buildings or parts of a building with a California Building Code, Chapter 3 R‐2, R‐2.1, R‐3, R‐3.1, or R‐4 occupancy classification.
(2) Gray water systems are not required for additions and improvements, including tenant improvements, in existing buildings as defined in the California Building Code.
(3) Gray water systems are not required for a child‐care center; grocery store to be constructed in a food desert; mini storage, locker building; or warehouse, distribution center.
2. Subsection E is hereby added to read as follows:
4 E. Exception (3) is added to section 1503.3 to read as follows:
(3) A potable water supply may supplement a gray water system to provide subsurface irrigation through the use of an air gap as specified in Table 603.2.
3. Subsection F is hereby added to read as follows:
F. CPC section 1506.1.1 is added to read as follows:
1506.1.1 Installation of separate, additional piping system for on‐site treated nonpotable gray water systems
For building permit applications filed on or after July 1, 2023, buildings that are 50,000 square feet or greater must include installation of a separate, additional piping system for an on‐site treated nonpotable gray water system for water closets and urinals.
Exceptions:
(1) Installation of a separate, additional piping system for an on‐site treated nonpotable gray water system is not required for any buildings or parts of a building with a California Building Code, Chapter 3 R‐2, R‐2.1, R‐3, R‐3.1, or R‐4 occupancy classification.
(2) Installation of a separate, additional piping system for an on‐site treated nonpotable gray water system is not required for additions and improvements, including tenant improvements, in existing buildings as defined in the California Building Code.
(3) Installation of a separate, additional piping system for an on‐site treated nonpotable gray water system is not required for a child‐care center; grocery store to be constructed in a food desert; mini storage, locker building; or warehouse, distribution center.
4. Subsection G is hereby added to read as follows:
G. Exception (3) is added to Section 1506.4 to read as follows:
(3) A potable water supply may be connected to a separate, additional piping system for an on‐site treated nonpotable gray water system for water closets and urinals through the use of a reduced pressure principle backflow prevention assembly as specified in Table 603.2. Upon introduction of an on‐site treated nonpotable water source to the separate piping system, an air gap shall be installed pursuant to Table 603.2.
5. Subsection H is hereby added to read as follows:
5 H. The following definition is added to California Plumbing Code section 205.0:
Child‐care Center. “Child‐care center” has the same meaning as defined in California Building Code section 202.
6. Subsection I is hereby added to read as follows:
I. The following definition is added to California Plumbing Code section 208.0:
Food Desert. A census tract that has (i) a median household income at or below 80% of the Sacramento County median household income and (ii) at least 33% of the census tract’s population living more than one mile from an existing grocery store.
7. Subsection J is hereby added to read as follows:
J. The following definition is added California Plumbing Code section 209.0:
Grocery Store. A building or a portion of a building with a California Building Code, Chapter 3, Section 309, Group M occupancy classification with more than 50% gross floor area devoted to the sale of non‐taxable merchandise.
8. Subsection K is hereby added to read as follows:
K. The following definition is added to California Plumbing Code section 215.0:
Mini storage, locker building. A building that offers individually secured units or surface space for the storage of goods, other than hazardous materials, for rental to the public, each of which is accessible only by the renter of the individual unit or space.
9. Subsection L is hereby added to read as follows:
L. The following definition is added to California Plumbing Code section 225.0:
Warehouse, distribution center. A building used primarily for the long‐term or short‐ term storage of goods and materials awaiting transportation or distribution, and not generally accessible to the general public. Incidental storage, repair, and maintenance of trucks associated with the distribution of goods from the warehouse are allowed.
B. Except as amended in subsections A above, section 15.24.030 of the Sacramento City Code remains unchanged and in full effect.
SECTION 3.
Section 15.24.040 is hereby added to the Sacramento City Code to read as follows:
6 15.24.040 User‐supervisor declaration.
Before the issuance of a certificate of occupancy for a building that includes a gray water system; an on‐site treated nonpotable gray water system; or a separate, additional piping system for an on‐site treated nonpotable gray water system for water closets and urinals, the building owner shall execute a user‐supervisor declaration on a form prescribed by the director of utilities or designee. The user‐supervisor declaration must identify the person responsible for the avoidance of cross‐connections during the installation, operation, and maintenance of a gray water system; an on‐site treated nonpotable gray water system; or a separate, additional piping system for an on‐site treated nonpotable gray water system for water closets and urinals.
SECTION 4.
Section 15.24.050 is hereby added to the Sacramento City Code to read as follows:
15.24.050 Operation of gray water system.
At no time during the operation of a gray water system may gray water be used in spray irrigation, be allowed to pond or runoff, or be discharged directly into or reach any storm sewer system or any surface body of water.
Adopted by the City of Sacramento City Council on by the following vote:
Ayes:
Noes:
Abstain:
Absent:
______________________
MAYOR
Attest:
______________________
City Clerk
Passed for Publication:
Published:
Effective:
1 ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING SECTION 15.24.030 AND ADDING SECTIONS 15.24.040 AND
15.24.050 TO THE SACRAMENTO CITY CODE TO ADOPT LOCAL AMENDMENTS TO THE
CALIFORNIA BUILDING STANDARDS CODE, RELATING TO ALTERNATE WATER SYSTEMS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
In connection with the local amendments to the 2022 California Plumbing Code set forth below, and pursuant to California Health and Safety Code sections 17958, 17958.5, 17958.7, and 18941.5, the City Council finds and determines that:
A. The amendments are reasonably necessary because of local climatic, geological, or topographical conditions.
B. Under this adopting ordinance, specific amendments are established that are more restrictive than those adopted by the State of California under the State Buildings Standards Code, Title 24 of the California Code of Regulations.
C. Express Finding Number 1: Climatic
“Climate change is having a profound impact on California’s water resources, as evidenced by greater weather extremes, reduced snowpack, higher sea level, and changes in river flows." 1 “Increases in temperature are already causing decreases in snowpack. The mountain snowpack provides as much as a third of California’s water supply by accumulating snow during our wet winters and releasing it slowly during our dry springs and summers. Warmer temperatures will melt the snow faster and earlier, making it more difficult to store and use throughout the dry season. By the end of this century, California’s Sierra Nevada snowpack is projected to experience a 48-65% loss from the historical April 1 average. This significant decrease in snowpack has a direct impact on water supply for Californians.” 2 1 California Department of Water Resources, Climate Change Program, as of September 8, 2022, https://water.ca.gov/programs/all-programs/climate-change-program. 2 California Department of Water Resources, Climate Change and Water, as of September 8, 2022, https://water.ca.gov/Programs/All-Programs/Climate-Change-Program/Climate-Change- and-Water.
2 “The last two decades underscore California’s strong propensity for wet and dry periods, with a string of multi-year droughts punctuated by a few spectacular wet years.”3 “Under current water management operations, modeling indicates that the annual volume of water stored in Shasta and Oroville reservoirs, the two largest in the state, could shrink by one-third by the end of the century. This reduced storage could limit water supplies and thus lower resilience to droughts.”4
“Historically, California has relied heavily on the Sierra Nevada snowpack. Runoff from melting mountain snow is captured and distributed throughout the state via an extensive network of aqueducts.”5 “Water managers may not, on average, be presented with less overall precipitation, but more of it will fall as rain instead of snow, and the snow that does manage to accumulate will melt earlier in the spring. Thus, climate change will jeopardize California’s dependence on mountain snowpack as a natural water reservoir which stores water from winter storms and gradually releases it in spring and summer.”6 “Changes in precipitation, reduced snowpack, and more frequent droughts are likely to increase the demand on groundwater sources, risking overdraft, ground subsidence, and decreased water quality.”7 More intense droughts is one of the climate risks facing Sacramento.8 “The Sacramento Valley is especially prone to water shortages and impaired water quality. Dehydration is a major risk factor for adverse health outcomes, especially during the warm season. The Central Valley will be more prone to droughts and floods arising from increased weather extremes. Extreme floods could pose especially large public health threats (Swain et al. 2015).”9
The City of Sacramento’s 2020 Urban Water Management Plan and the recently completed American River Basin Plan acknowledge these general climatic trends. The City of Sacramento maintains high priority access to water supply that is stored and dedicated to the City of Sacramento for consumptive use. The City of Sacramento does not anticipate any localized shortages, though supply augmentation projects extend availability of infrastructure capacity.
Supply augmentation and conservation programs also align with the goal of meeting long term conservation measures being developed by the State of California.
The following building standards in the 2022 California Building Standards Code are amended or added based upon this express finding:
3 Scripps Institution of Oceanography at UC San Diego, Climate Change Resources, FAQ: Climate Change in California, as of September 8, 2022, https://scripps.ucsd.edu/research/climate- change-resources/faq-climate-change-california.
4 Id.
5 Id.
6 Id.
7 California Department of Water Resources, Climate Change Basics, as of September 8, 2022, https://water.ca.gov/Water-Basics/Climate-Change-Basics. 8 Houlton, Benjamin Jay Lund, (University of California, Davis) 2018. Sacramento Summary Report. California’s Fourth Climate Change Assessment. Publication number: SUM-CCCA4-2018- 002, page 6.
9 Id. at page 23.
3 ● 2022 California Plumbing Code section 1503.1.4 (requiring gray water systems for subsurface irrigation for new construction of buildings 10,000 square feet or greater).
● 2022 California Plumbing Code section 1503.3 (adding an exception to allow potable water to supplement a gray water system).
● 2022 California Plumbing Code section 1506.1.1 (requiring installation of a separate additional piping system that could be utilized for an on-site nonpotable gray water systems for new construction of buildings that are 50,000 square feet or greater).
● 2022 California Plumbing Code section 1506.4 (adding an exception to allow potable water to connect to a separate, additional piping system for an on-site treated nonpotable gray water system for water closets and urinals).
● 2022 California Plumbing Code Sections 205.0, 208.0, 209.0, 215.0 225.0 (implementing definitions).
SECTION 2.
A. Section 15.24.030 of the Sacramento City Code is hereby amended as follows:
1. Subsection D is hereby added to read as follows:
D. CPC section 1503.1.4 is added to read as follows:
1503.1.4 Subsurface Irrigation
For building permit applications filed on or after July 1, 2023, buildings that are 10,000 square feet or greater must include a gray water system to provide subsurface irrigation as provided in this chapter.
Exceptions:
(1) Gray water systems are not required for any buildings or parts of a building with a California Building Code, Chapter 3 R-2, R-2.1, R-3, R-3.1, or R-4 occupancy classification.
(2) Gray water systems are not required for additions and improvements, including tenant improvements, in existing buildings as defined in the California Building Code.
(3) Gray water systems are not required for a child-care center; grocery store to be constructed in a food desert; mini storage, locker building; or warehouse, distribution center.
2. Subsection E is hereby added to read as follows:
4 E. Exception (3) is added to section 1503.3 to read as follows:
(3) A potable water supply may supplement a gray water system to provide subsurface irrigation through the use of an air gap as specified in Table 603.2.
3. Subsection F is hereby added to read as follows:
F. CPC section 1506.1.1 is added to read as follows:
1506.1.1 Installation of separate, additional piping system for on-site treated nonpotable gray water systems
For building permit applications filed on or after July 1, 2023, buildings that are 50,000 square feet or greater must include installation of a separate, additional piping system for an on-site treated nonpotable gray water system for water closets and urinals.
Exceptions:
(1) Installation of a separate, additional piping system for an on-site treated nonpotable gray water system is not required for any buildings or parts of a building with a California Building Code, Chapter 3 R-2, R-2.1, R-3, R-3.1, or R-4 occupancy classification.
(2) Installation of a separate, additional piping system for an on-site treated nonpotable gray water system is not required for additions and improvements, including tenant improvements, in existing buildings as defined in the California Building Code.
(3) Installation of a separate, additional piping system for an on-site treated nonpotable gray water system is not required for a child-care center; grocery store to be constructed in a food desert; mini storage, locker building; or warehouse, distribution center.
4. Subsection G is hereby added to read as follows:
G. Exception (3) is added to Section 1506.4 to read as follows:
(3) A potable water supply may be connected to a separate, additional piping system for an on-site treated nonpotable gray water system for water closets and urinals through the use of a reduced pressure principle backflow prevention assembly as specified in Table 603.2. Upon introduction of an on-site treated nonpotable water source to the separate piping system, an air gap shall be installed pursuant to Table 603.2.
5. Subsection H is hereby added to read as follows:
5 H . The following definition is added to California Plumbing Code section 205.0:
Child-care Center. “Child-care center” has the same meaning as defined in California Building Code section 202.
6. Subsection I is hereby added to read as follows:
I. The following definition is added to California Plumbing Code section 208.0:
Food Desert. A census tract that has (i) a median household income at or below 80% of the Sacramento County median household income and (ii) at least 33% of the census tract’s population living more than one mile from an existing grocery store.
7. Subsection J is hereby added to read as follows:
J. The following definition is added California Plumbing Code section 209.0:
Grocery Store. A building or a portion of a building with a California Building Code, Chapter 3, Section 309, Group M occupancy classification with more than 50% gross floor area devoted to the sale of non-taxable merchandise.
8. Subsection K is hereby added to read as follows:
K. The following definition is added to California Plumbing Code section 215.0:
Mini storage, locker building. A building that offers individually secured units or surface space for the storage of goods, other than hazardous materials, for rental to the public, each of which is accessible only by the renter of the individual unit or space.
9. Subsection L is hereby added to read as follows:
L. The following definition is added to California Plumbing Code section 225.0:
Warehouse, distribution center. A building used primarily for the long-term or short- term storage of goods and materials awaiting transportation or distribution, and not generally accessible to the general public. Incidental storage, repair, and maintenance of trucks associated with the distribution of goods from the warehouse are allowed.
B. Except as amended in subsections A above, section 15.24.030 of the Sacramento City Code remains unchanged and in full effect.
SECTION 3.
Section 15.24.040 is hereby added to the Sacramento City Code to read as follows:
6 15.24.040 User-supervisor declaration.
Before the issuance of a certificate of occupancy for a building that includes a gray water system; an on-site treated nonpotable gray water system; or a separate, additional piping system for an on-site treated nonpotable gray water system for water closets and urinals, the building owner shall execute a user-supervisor declaration on a form prescribed by the director of utilities or designee. The user-supervisor declaration must identify the person responsible for the avoidance of cross-connections during the installation, operation, and maintenance of a gray water system; an on-site treated nonpotable gray water system; or a separate, additional piping system for an on-site treated nonpotable gray water system for water closets and urinals.
SECTION 4.
Section 15.24.050 is hereby added to the Sacramento City Code to read as follows:
15.24.050 Operation of gray water system.
At no time during the operation of a gray water system may gray water be used in spray irrigation, be allowed to pond or runoff, or be discharged directly into or reach any storm sewer system or any surface body of water.
Adopted by the City of Sacramento City Council on by the following vote:
Ayes:
Noes:
Abstain:
Absent:
______________________
MAYOR
Attest:
______________________
City Clerk
Passed for Publication:
Published:
Effective:
RESOLUTION
Adopted by the Sacramento City Council
Date
Studying the Costs and Programmatic Requirements for Onsite Treatment and Reuse of Non-Potable Water
BACKGROUND
A. On June 29, 2020, the Mayors’ Commission on Climate Change completed the Final Report with the goals of reducing greenhouse gas emissions and achieving carbon neutrality by 2045.
B. On February 2, 2021, City Council approved a $4.4 million one-time allocation for 2021 Climate Implementation Work Plan projects in the Fiscal Year 2020/2021 Midyear Budget (Resolution No. 2021-0029), which supports additional work for water conservation and workforce tasks. These efforts are currently in process.
C. On June 1, 2021, the City Council adopted Resolution No. 2021-0166:
a. Adopting the Framework for the Electrification of Existing Buildings.
b. Requesting staff to report back on progress and any recommendations for green job opportunities and accelerating the transition of potentially impacted labor segments into green and decarbonized sectors.
c. Requesting the Community Development Department and the Department of Utilities evaluate opportunities for the expansion of water conservation standards for buildings.
D. On July 19, 2022, Staff presented the findings of the Dual Plumbing and Onsite Non- Potable Water Systems Study to the Law and Legislation Committee.
E. On September 20, 2022, the Law and Legislation Committee directed staff to draft an Alternate Water Systems Ordinance (Dual Plumbing Ordinance) for their consideration.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. City staff shall study the costs, programmatic requirements for and impacts of onsite treatment of graywater or blackwater and reuse of that water in commercial nonresidential buildings over 50,000 sq ft. and nonresidential commercial district-scale projects with over 100,000 square feet in total area.
Section 2. City staff shall evaluate possible incentives for buildings that install alternate water and onsite treatment and reuse systems.
Section 3. City staff shall evaluate the potential costs and benefits of expanding water reuse requirements to large multi-unit residential construction.
Section 4. City staff shall evaluate the resources and staffing needs to implement an onsite water reuse program.
Section 5. City Staff will bring forward recommendations in 2025.