BILL NUMBER: SB 1258	CHAPTERED
	BILL TEXT

	CHAPTER  172
	FILED WITH SECRETARY OF STATE  JULY 22, 2008
	APPROVED BY GOVERNOR  JULY 22, 2008
	PASSED THE SENATE  JULY 2, 2008
	PASSED THE ASSEMBLY  JUNE 26, 2008
	AMENDED IN ASSEMBLY  MAY 29, 2008
	AMENDED IN SENATE  MAY 5, 2008
	AMENDED IN SENATE  APRIL 22, 2008
	AMENDED IN SENATE  APRIL 9, 2008
	AMENDED IN SENATE  APRIL 1, 2008

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 15, 2008

   An act to add Sections 17922.12 and 18941.7 to the Health and
Safety Code, and to amend Section 14877.1 of the Water Code, relating
to building standards.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1258, Lowenthal. Building standards: graywater.
   The California Building Standards Law provides for the adoption of
building standards by state agencies by requiring all state agencies
that adopt or propose adoption of any building standard to submit
the building standard to the California Building Standards Commission
for approval and adoption.
   Existing law requires the Department of Housing and Community
Development to propose the adoption, amendment, or repeal of building
standards to the commission relating to hotels, motels, lodging
houses, apartment houses, and dwellings, and the buildings and
structures accessory thereto, except as specified.
   Existing law authorizes a city or county to make changes or
modifications in the building standards proposed by the department
and approved by the commission, to provide for local variances
relating to local climatic, geological, or topographical conditions,
upon making certain findings and filing those findings with the
commission.
   This bill would require the department, at the next triennial
building standards rulemaking cycle that commences on or after
January 1, 2009, to adopt and submit to the commission for approval
building standards for the construction, installation, and alteration
of graywater, as defined, systems for indoor and outdoor uses. The
bill would terminate the authority of the Department of Water
Resources to adopt graywater standards for residential buildings upon
the approval by the commission of the standards submitted under the
bill.
   The bill would authorize a city, county, or other local agency to
adopt, after a public hearing and enactment of an ordinance or
resolution, building standards that prohibit entirely the use of
graywater, or building standards that are more restrictive than the
graywater building standards adopted by the department and published
in the California Building Standards Code.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17922.12 is added to the Health and Safety
Code, to read:
   17922.12.  (a) For the purposes of this section, "graywater" means
untreated wastewater that has not been contaminated by any toilet
discharge, has not been affected by infectious, contaminated, or
unhealthy bodily wastes, and does not present a threat from
contamination by unhealthful processing, manufacturing, or operating
wastes. "Graywater" includes wastewater from bathtubs, showers,
bathroom washbasins, clothes washing machines, and laundry tubs, but
does not include wastewater from kitchen sinks or dishwashers.
   (b) Notwithstanding Chapter 22 (commencing with Section 14875) of
Division 7 of the Water Code, at the next triennial building
standards rulemaking cycle that commences on or after January 1,
2009, the department shall adopt and submit for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 building
standards for the construction, installation, and alteration of
graywater systems for indoor and outdoor uses.
   (c) In adopting building standards under this section, the
department shall do all of the following:
   (1) Convene and consult a stakeholder's group that includes
members with expertise in public health, water quality, geology or
soils, residential plumbing, home building, and environmental
stewardship.
   (2) Ensure protection of water quality in accordance with
applicable provisions of state and federal water quality law.
   (3) Consider existing research available on the environmental
consequences to soil and groundwater of short-term and long-term
graywater use for irrigation purposes, including, but not limited to,
research sponsored by the Water Environment Research Foundation.
   (4) Consider graywater use impacts on human health.
   (5) Consider the circumstances under which the use of in-home
graywater treatment systems is recommended.
   (6) Consider the use and regulation of graywater in other
jurisdictions within the United States and in other nations.
   (d) The department may revise and update the standards adopted
under this section at any time, and the department shall reconsider
these standards at the next triennial rulemaking that commences after
their adoption.
   (e) The approval by the California Building Standards Commission
of the standards for graywater systems adopted under this section
shall terminate the authority of the Department of Water Resources to
adopt and update standards for the installation, construction, and
alteration of graywater systems in residential buildings pursuant to
Chapter 22 (commencing with Section 14875) of Division 7 of the Water
Code.
  SEC. 2.  Section 18941.7 is added to the Health and Safety Code, to
read:
   18941.7.  A city, county, or other local agency may adopt, after a
public hearing and enactment of an ordinance or resolution, building
standards that prohibit entirely the use of graywater, or building
standards that are more restrictive than the graywater building
standards adopted by the department under Section 17922.12 and
published in the California Building Standards Code.
  SEC. 3.  Section 14877.1 of the Water Code is amended to read:
   14877.1.  (a) The department, in consultation with the State
Department of Public Health and the Center for Irrigation Technology
at California State University, Fresno, shall adopt standards for the
installation of graywater systems. In adopting these standards, the
department shall consider, among other resources, "Appendix J," as
adopted on September 29, 1992, by the International Association of
Plumbing and Mechanical Officials, the graywater standard proposed
for the latest edition of the Uniform Plumbing Code of the
International Association of Plumbing and Mechanical Officials, the
City of Los Angeles Graywater Pilot Project Final Report issued in
November 1992, and the advice of the Center for Irrigation Technology
at California State University, Fresno, on the installation depth
for subsurface drip irrigation systems.
   (b) The department shall include among the approved methods of
subsurface irrigation, but shall not be limited to, drip systems.
   (c) The department shall revise its graywater systems standards as
needed.
   (d) The authority of the department under this chapter to adopt
standards for residential buildings shall terminate upon the approval
by the California Building Standards Commission of the standards
submitted to that commission pursuant to Section 17922.12 of the
Health and Safety Code.