The use of potable water for certain uses when nonpotable water is available and feasible is a waste of water. The purpose of this section is to implement State policies requiring the use of recycled water for nonpotable water uses within the designated recycled water use area when the City determines that there is not an alternative higher or better use for the recycled water, its use is economically justified and its use is financially and technically feasible for a project.

As used in this section:

The use and distribution of recycled water shall be in accordance with applicable Federal, State and local laws and regulations.

Projects involving subdivision of land for which a tentative map or parcel map is required pursuant to California Government Code Section 66426 and Chapter 22 of the Albany Municipal Code and which are within the recycled water project area shall be conditioned to provide a plumbing system to serve nonpotable uses in the common areas of the subdivision, including but not limited to parks, greenbelts, landscaped streets, landscaped medians and golf courses, if recycled water is available to the project site at a reasonable cost, is of adequate quality, will not be detrimental to public health, and will not adversely affect downstream water rights, degrade water quality or injure plants, fish and wildlife. The Community Development Director shall review all subdivision projects that are within the recycled water project area, confer with the recycled water provider, and determine requirements for recycled water plumbing. These requirements shall become conditions of approval.

All projects that require Planning and Zoning Commission or City Council approval and include water uses that are allowed for disinfected tertiary recycled water by Title 22 of the California Code of Regulations, and that either are within the recycled water project area and above any size threshold set by the recycled water provider for projects in the recycled water project area, or are outside the recycled water project area and include ten thousand (10,000) square feet or more of nonresidential space, shall be conditioned to require submittal of a letter from the recycled water provider stating whether or not recycled water will be available for the project, prior to issuance of building permit. However, if the project applicant provides evidence that the recycled water provider has not responded to its written request within sixty (60) days, then the Community Development Director may decide not to require any further action by the project applicant.

As set forth in California Water Code Section 65605(b)(5), recycled water service shall not commence in any service area of a private utility or public agency retail water supplier that is not a local agency, except in accordance with a written agreement between the recycled water producer and the private utility or public agency retail water supplier.