CaliforniaSB 312025-2026 Regular SessionSenateWALLET

Water quality: water recycling facilities: state policy.

Sponsored By: Jerry McNerney (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 0 benefits, 2 costs, 5 mixed.

Drinking water banned for some nonpotable uses

You may not use drinking-quality water for certain nonpotable uses when suitable recycled water is available under Section 13550. This covers uses like cemeteries, golf courses, parks, highway landscaping, industrial work, and irrigation. The rule applies only when recycled water is suitable and available as defined by law.

Cities can require recycled water for yards

Your city, county, or district can require recycled water for home landscaping. This applies only if the State Water Board, after notice and a hearing, finds recycled water is available and it meets Section 13550, water rights are not hurt, and systems meet Title 22 rules. It covers new subdivisions with a building permit issued on or after March 15, 1994, or construction that began on or after that date if no permit was required. It also covers homes retrofitted for recycled-water irrigation when the State Water Board approves the use. Projects that only repipe, redesign, or start using recycled water for home yards to meet these rules are exempt from CEQA. Common-area irrigation outside a home’s boundary is not “dual plumbed,” but must meet Section 13550. Using recycled water instead of drinking water is a reasonable, beneficial use and does not reduce existing water rights.

Use recycled water for toilets when available

Using drinking water for toilet or urinal flushing is a waste when suitable recycled water is available to the building, as found by the State Water Board after notice and a hearing. A public agency can require recycled-water flushing (not in mental hospitals or public facilities for treating mental disorders) if water rights are not reduced and an engineering report under Title 22 Section 60323 is prepared. This applies to buildings with permits issued on or after March 15, 1992, or construction that began on or after that date if no permit was needed, and to projects the Department of Public Health approved before January 1, 1992. Projects that only repipe, redesign, or start using recycled water to meet these flushing rules are exempt from CEQA. The CEQA exemption does not cover creating recycled water or building conveyance pipes.

Recycled water rules near food and parks

You may use recycled water for toilets and outdoor irrigation at food handling or processing sites if the water does not enter rooms where food is handled. Closed recycled-water pipes may pass through those rooms. Do not irrigate with recycled water while food is being handled outdoors. Parks and open spaces may allow small amounts of spray or mist into outdoor eating areas if the irrigation uses disinfected tertiary recycled water that meets Title 23, Section 493.4.

State board can set recycled-water rules

The State Water Resources Control Board can require people or public agencies to provide information for decisions under the indoor recycled-water rules. The Board can also adopt regulations to carry out those rules.

Condo rules for indoor recycled water

Before a condo uses recycled water indoors for toilets, the water agency must file a report and get written State Water Board approval. An approved backflow device is required and must be tested yearly; the project must be tested at least once every four years for cross connections; and recycled-water pipes must be color coded. Records of tests and inspections must be kept, and a notice must be in the condo declaration. These condo rules apply only to projects created on or after January 1, 2008.

Report big recycled-water spills, storm exception

You must immediately tell the regional water board if you cause or allow a recycled-water spill. Report 50,000 gallons or more for disinfected tertiary 2.2 water, and 1,000 gallons or more for lower-treated water. Report when you know about the spill, can notify, and the call will not slow cleanup. The law defines what counts as disinfected tertiary 2.2 and lower-level recycled water for these thresholds. Storm overflow from a decorative pond is not an illegal discharge if the pond was topped up with recycled water for evaporation losses and is not for public contact.

Sponsors & Cosponsors

Sponsor

  • Jerry McNerney

    Democratic • Senate

Cosponsors

  • David Alvarez

    Democratic • House

  • Steve Bennett

    Democratic • House

  • Alexandra Macedo

    Republican • House

  • Susan Rubio

    Democratic • Senate

  • Kelly Seyarto

    Republican • Senate

  • David Tangipa

    Republican • House

  • Suzette Martinez Valladares

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 227 • No: 0

Senate vote 9/4/2025

Item 60 — Senate SFLOOR

Yes: 39 • No: 0

House vote 9/3/2025

Item 221 — Assembly AFLOOR

Yes: 79 • No: 0

legislature vote 8/29/2025

Vote in CX25

Yes: 15 • No: 0

legislature vote 7/1/2025

Vote in CX05

Yes: 7 • No: 0

legislature vote 6/17/2025

Vote in CX24

Yes: 10 • No: 0

Senate vote 5/29/2025

Item 283 — Senate SFLOOR

Yes: 38 • No: 0

legislature vote 5/23/2025

Vote in CS61

Yes: 5 • No: 0

legislature vote 5/23/2025

Vote in CS61

Yes: 6 • No: 0

legislature vote 5/23/2025

Vote in CS61

Yes: 6 • No: 0

legislature vote 5/12/2025

Vote in CS61

Yes: 7 • No: 0

legislature vote 4/30/2025

Vote in CS64

Yes: 8 • No: 0

legislature vote 3/25/2025

Vote in CS55

Yes: 7 • No: 0

Actions Timeline

  1. Chaptered by Secretary of State. Chapter 736, Statutes of 2025.

    10/13/2025Senate
  2. Approved by the Governor.

    10/13/2025legislature
  3. Enrolled and presented to the Governor at 2 p.m.

    9/9/2025legislature
  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2512.) Ordered to engrossing and enrolling.

    9/4/2025Senate
  5. In Senate. Concurrence in Assembly amendments pending.

    9/3/2025Senate
  6. Read third time. Passed. (Ayes 79. Noes 0. Page 2867.) Ordered to the Senate.

    9/3/2025House
  7. Read second time. Ordered to third reading.

    9/2/2025House
  8. From committee: Do pass. (Ayes 15. Noes 0.) (August 29).

    8/29/2025House
  9. Coauthors revised.

    8/29/2025House
  10. August 20 set for first hearing. Placed on APPR. suspense file.

    8/20/2025House
  11. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (July 1). Re-referred to Com. on APPR.

    7/2/2025House
  12. From committee: Do pass and re-refer to Com. on E.S & T.M. (Ayes 10. Noes 0.) (June 17). Re-referred to Com. on E.S & T.M.

    6/17/2025House
  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on W. P., & W.

    6/9/2025House
  14. Referred to Coms. on W. P., & W. and E.S & T.M.

    6/5/2025House
  15. In Assembly. Read first time. Held at Desk.

    5/29/2025House
  16. Read third time. Passed. (Ayes 38. Noes 0. Page 1322.) Ordered to the Assembly.

    5/29/2025Senate
  17. Ordered to special consent calendar.

    5/27/2025Senate
  18. Read second time. Ordered to third reading.

    5/23/2025Senate
  19. From committee: Do pass. (Ayes 6. Noes 0. Page 1188.) (May 23).

    5/23/2025Senate
  20. May 23 set for first hearing. Reconsideration of favorable vote granted.

    5/23/2025Senate
  21. Set for hearing May 23.

    5/16/2025Senate
  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

    5/12/2025Senate
  23. May 12 hearing: Placed on APPR. suspense file.

    5/12/2025Senate
  24. Set for hearing May 12.

    5/2/2025Senate
  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0. Page 962.) (April 30). Re-referred to Com. on APPR.

    5/1/2025Senate

Bill Text

  • Chaptered

    10/13/2025

  • Enrolled

    9/5/2025

  • Amended Assembly

    6/9/2025

  • Amended Senate

    5/12/2025

  • Amended Senate

    4/21/2025

  • Amended Senate

    3/26/2025

  • Amended Senate

    2/10/2025

  • Introduced

    12/2/2024

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