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SB-31 • 2026

Water quality: recycled water.

Water quality: recycled water.

Water
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
McNerney
Last action
2025-10-13
Official status
Chaptered by Secretary of State. Chapter 736, Statutes of 2025.
Effective date
Not listed

Plain English Breakdown

The bill summary does not provide specific details on the exact cost conditions and quality standards that recycled water must meet.

Water Quality Rules for Recycled Water

This law changes how recycled water is defined and used in California to help protect water quality and promote its use.

What This Bill Does

  • Changes the definition of 'recycled water' so that water discharged from a decorative body of water during storm events is not considered an unauthorized discharge if it was used to restore levels due to evaporation.
  • Allows incidental amounts of spray, mist, or runoff to enter outdoor eating areas in parks and open spaces when using disinfected tertiary treated recycled water for irrigation.
  • Specifies that outdoor landscape watering in common areas outside individual homes is not considered part of the same property as an individual home if it meets certain quality and cost rules.
  • Expands where recycled water can be used, including food handling facilities, commercial buildings, institutions, industrial sites, and cafeterias, but only for toilet flushing or outdoor irrigation outside areas where food is handled.

Who It Names or Affects

  • People who use recycled water in California
  • Local government agencies that manage water resources

Terms To Know

Recycled Water
Water that has been treated and cleaned for reuse instead of being wasted.
Unauthorized Discharge
Releasing recycled water without permission or in a way not allowed by rules.

Limits and Unknowns

  • The bill does not specify how much recycled water can be used for outdoor eating areas.
  • It is unclear what specific cost conditions must be met for using recycled water outside individual homes.
  • The law does not explain the exact quality standards that recycled water must meet.

Bill History

  1. 2025-10-13 California Legislative Information

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

  2. 2025-10-13 California Legislative Information

    Approved by the Governor.

  3. 2025-09-09 California Legislative Information

    Enrolled and presented to the Governor at 2 p.m.

  4. 2025-09-04 California Legislative Information

    Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2512.) Ordered to engrossing and enrolling.

  5. 2025-09-03 California Legislative Information

    In Senate. Concurrence in Assembly amendments pending.

  6. 2025-09-03 California Legislative Information

    Read third time. Passed. (Ayes 79. Noes 0. Page 2867.) Ordered to the Senate.

  7. 2025-09-02 California Legislative Information

    Read second time. Ordered to third reading.

  8. 2025-08-29 California Legislative Information

    From committee: Do pass. (Ayes 15. Noes 0.) (August 29).

  9. 2025-08-29 California Legislative Information

    Coauthors revised.

  10. 2025-08-20 California Legislative Information

    August 20 set for first hearing. Placed on APPR. suspense file.

  11. 2025-07-02 California Legislative Information

    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.

  12. 2025-06-17 California Legislative Information

    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.

  13. 2025-06-09 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on W. P., & W.

  14. 2025-06-05 California Legislative Information

    Referred to Coms. on W. P., & W. and E.S & T.M.

  15. 2025-05-29 California Legislative Information

    In Assembly. Read first time. Held at Desk.

  16. 2025-05-29 California Legislative Information

    Read third time. Passed. (Ayes 38. Noes 0. Page 1322.) Ordered to the Assembly.

  17. 2025-05-27 California Legislative Information

    Ordered to special consent calendar.

  18. 2025-05-23 California Legislative Information

    Read second time. Ordered to third reading.

  19. 2025-05-23 California Legislative Information

    From committee: Do pass. (Ayes 6. Noes 0. Page 1188.) (May 23).

  20. 2025-05-23 California Legislative Information

    May 23 set for first hearing. Reconsideration of favorable vote granted.

  21. 2025-05-16 California Legislative Information

    Set for hearing May 23.

  22. 2025-05-12 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  23. 2025-05-12 California Legislative Information

    May 12 hearing: Placed on APPR. suspense file.

  24. 2025-05-02 California Legislative Information

    Set for hearing May 12.

  25. 2025-05-01 California Legislative Information

    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.

  26. 2025-04-21 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.

  27. 2025-04-02 California Legislative Information

    Set for hearing April 30.

  28. 2025-03-26 California Legislative Information

    Read second time and amended. Re-referred to Com. on E.Q.

  29. 2025-03-25 California Legislative Information

    From committee: Do pass as amended and re-refer to Com. on E.Q. (Ayes 7. Noes 0. Page 531.) (March 25).

  30. 2025-03-12 California Legislative Information

    Set for hearing March 25.

  31. 2025-02-19 California Legislative Information

    Re-referred to Coms. on N.R. & W. and E.Q.

  32. 2025-02-10 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  33. 2025-01-29 California Legislative Information

    Referred to Com. on RLS.

  34. 2024-12-03 California Legislative Information

    From printer. May be acted upon on or after January 2.

  35. 2024-12-02 California Legislative Information

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Official Summary Text

SB 31, McNerney.
Water quality: recycled water.
(1) The Water Recycling Law generally provides for the use of recycled water. Existing law requires any person who, without regard to intent or negligence, causes or permits an unauthorized discharge of 50,000 gallons or more of recycled water in or on any waters of the state to immediately notify the appropriate regional water board.
This bill would, for the purposes of the above provision, redefine “recycled water” and provide that water discharged from a decorative body of water during storm events is not to be considered an unauthorized discharge if recycled water was used to restore levels due to evaporation.
(2) Existing law regulating the use of recycled water prohibits the use of prescribed potable water by state and local agencies for any nonpotable
uses, including cemeteries, golf courses, parks, and highway landscaped areas if prescribed recycled water is available, and deems use of the recycled water in lieu of the potable water to constitute a reasonable beneficial use of that water.
The bill would provide that incidental amounts of spray, mist, or runoff are to be permitted to enter outdoor eating areas of parks and open spaces when irrigated with disinfected tertiary treated recycled water that complies with a specified regulation regarding irrigation.
(3) Existing law authorizes any public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, to require the use of recycled water for irrigation of residential landscaping, as specified.
The bill would provide that outdoor landscape irrigation of common areas that does not enter the boundaries of a residence is not to be considered a part of the same premises as an individual residence and is not to be considered a dual-plumbed system. The bill would require recycled water used for this purpose to comply with specified water quality and cost conditions.
(4) Existing law authorizes any public agency, including a state agency, city, county, city and
county, district, or any other political subdivision of the state, to require the use of recycled water for toilet and urinal flushing in structures, as specified. Existing law defines “structures” for the purposes of these provisions.
This bill would include food handling and processing facilities as part of the definition of “structures.” The bill would authorize the use of recycled water for toilet or urinal flushing or outdoor irrigation in and around food handling or processing facilities, commercial, institutional, and industrial buildings, and cafeterias, provided the recycled water does not enter the room where food handling or processing occurs, as specified.

Current Bill Text

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