Recycled water use set to grow under California law

CALIFORNIA — Governor Gavin Newsom signed Senate Bill 31 into law on October 13, a unanimously approved measure that aims to increase the use of recycled water throughout the state.

In California, recycled water is treated wastewater approved for safe use under strict state regulations.

The bill encourages businesses, homes, and government agencies to expand their use of recycled water for irrigation and other purposes.

Bill author Senator Jerry McNerney (D-Pleasanton) said the idea is to cut back on the use of drinking water for things that don’t require potable water.

It also helps the state manage its water supply and drought response, and redirect wastewater discharges that would otherwise go into the ocean.

New law takes effect January 1, 2026

Anyone who releases 50,000 gallons or more of recycled water into state waters, accidentally or intentionally, must immediately notify the regional water board.

Starting January 1, 2026, SB 31 redefines “recycled water” and allows decorative ponds or fountains to overflow during storms if refilled with recycled water.

State and local agencies must use recycled water instead of potable water for non-drinking purposes, like parks and golf courses, when available. SB 31 also permits small amounts of treated recycled water spray, mist, or runoff to safely reach outdoor dining areas in parks and open spaces.

Public agencies can require recycled water for residential landscaping, and SB 31 clarifies that irrigating common outdoor areas isn’t part of individual residences or dual-plumbed systems, as long as the water meets safety and cost standards.

In addition, public agencies can require recycled water for toilet and urinal flushing in specified structures. SB 31 expands “structures” to include food handling and processing facilities, as well as commercial and institutional buildings, allowing recycled water for toilets and outdoor irrigation while keeping it out of food handling areas.

1.8 million acre-feet of recycled water by 2040

Currently, the state uses more than 700,000 acre-feet of recycled water per year. In Newsom’s Water Supply Strategy (WSS), the goal is to ramp that up to 1.8 million acre-feet by 2040.