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Assembly committee advances bill directing state board to issue guidance on stormwater irrigation

2769230 · March 25, 2025
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Summary

The Assembly Environmental Safety and Toxic Materials Committee voted to pass AB 638 by Assemblymember Celeste Rodriguez to the Committee on Appropriations. The bill would direct the State Water Resources Control Board to develop guidance for capture, treatment and reuse of urban stormwater for irrigation on public lands.

The Environmental Safety and Toxic Materials Committee on May 20 advanced AB 638, a bill by Assemblymember Celeste Rodriguez that would direct the State Water Resources Control Board to develop guidelines for capturing, treating and using urban stormwater for irrigation on public lands. The measure passed on a committee vote and is due to go to the Committee on Appropriations.

AB 638 aims to provide statewide guidance for projects that capture urban stormwater for nonpotable uses such as irrigating parks, golf courses, medians and other public lands. "Clear guidance is essential to provide certainty on how to safely build and operate stormwater capture and use projects," Rodriguez said during her presentation to the committee. She told members the measure responds to changing precipitation patterns and recurring droughts in California.

Mark Gold, director of Water Scarcity Solutions at the Natural Resources Defense Council, testified that the lack of state guidance has left significant investments underused. "In the city of LA, we have four projects that cost an estimated $50,000,000 that were built for this purpose and are not being used for park and golf course irrigation because our local Department of Public Health has required that captured rainwater be treated to drinking water standards," Gold said. He also told the committee that more than $1,000,000,000 from the Los Angeles County Safe Clean Water Program has been invested in recent years but not used for stormwater capture projects because of regulatory uncertainty.

Supporters said guidance from the State Water Resources Control Board on treatment (including disinfection) and operational practices would reduce approval delays and encourage more frequent use of stormwater capture projects. No witnesses registered opposition during the hearing.

Committee members voiced broad support. A coauthorship offer was made from members representing Los Angeles and Wildland-Urban Interface districts. The committee’s staff recommendation and the chair’s recommendation were both for an "aye" vote.

Motion and vote: The committee recorded a motion to pass AB 638 to the Committee on Appropriations, moved by Assemblymember Bauer Kehan and seconded by Assemblymember McKinner. The roll call recorded aye votes from Assemblymembers Connolly, Hadwick, Bauer Kehan, Castillo, Lee, McKinner and Papin (Pappen). The committee clerk announced the matter passed.

Why it matters: Proponents say AB 638 would remove an obstacle to deploying locally funded stormwater capture projects that could reduce potable water demand and help cities maintain green spaces during drought. The bill directs the State Water Resources Control Board to develop the guidance; it does not itself set technical treatment standards beyond that direction.

Next steps: AB 638 was referred to the Committee on Appropriations for further consideration.