An act to add Section 10566 to the Water Code, relating to stormwater.
Summary
AB 638 would require the State Water Resources Control Board to develop recommendations by December 1, 2026, for capturing and using stormwater to irrigate urban public lands. The bill is aimed at helping public agencies use captured stormwater to offset potable water demand, while also setting out guidance on public health protections. The recommendations must address potential uses for irrigation, as well as water-quality and safety considerations such as pathogens, pathogen indicators, total suspended solids, toxics, and best management practices.
The bill defines “urban public lands” broadly to include state, city, or county land in urban areas, as well as land dedicated for public access such as parks, street medians, parkways, and golf courses. It also requires the board to solicit written public comment and hold a public hearing before approving final recommendations. The measure does not itself mandate stormwater use, but instead creates a state-level guidance process intended to support future local implementation.
Impact
AB 638 would add Section 10566 to the Water Code and expand the State Water Resources Control Board’s responsibilities under California’s stormwater framework. It would not create a new funding program or direct local agencies to build projects, but it would establish formal state guidance on using stormwater for irrigation of urban public lands. The bill could affect cities, counties, state agencies, park operators, and other public land managers by providing a roadmap for reducing reliance on potable water for landscape irrigation, subject to public health safeguards.
Sentiment
The bill appears to have been received positively in the Legislature, with multiple committee and floor votes passing unanimously or near-unanimously. The available vote history shows broad bipartisan support and no recorded opposition in the votes provided. At the same time, the bill was later held under submission and placed on suspense file, suggesting that fiscal or implementation concerns may have limited its progress despite general policy support.
Contention
There is little evidence of substantive policy opposition in the available record, but the main area of potential concern is public health and water-quality risk. The bill specifically requires attention to pathogens, pathogen indicators, total suspended solids, toxics, and best management practices, indicating that safe reuse standards are central to the measure. Any contention likely centers on whether stormwater can be reliably and safely used for irrigation at scale, and on the administrative or fiscal burden of developing and implementing the board’s recommendations.
Directs DEP to develop State water infrastructure investment plan; requires NJ Infrastructure Bank to publish additional information about water infrastructure projects; appropriates $200,000 to NJ Infrastructure Bank.
Directs DEP to develop State water infrastructure investment plan; requires NJ Infrastructure Bank to publish additional information about water infrastructure projects; appropriates $200,000 to NJ Infrastructure Bank.