BILL ANALYSIS SB 518 Page 1 Date of Hearing: June 15, 2010 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Pedro Nava, Chair SB 518 (Alan Lowenthal) - As Amended: June 7, 2010 SENATE VOTE : 21-12 (Not Relevant) SUBJECT : Non-residential building standards: graywater. SUMMARY : Requires the California Building Standards Commission (BSC) to adopt, as specified, non-residential building standards for graywater systems for indoor and outdoor use. Specifically, this bill : 1)Requires the BSC, at its next triennial building standards rule-making cycle commencing on or after January 1, 2011, to establish nonresidential building standards for the construction, installation, and alteration of graywater systems, as defined, for both indoor and outdoor uses. 2)Provides that the BSC shall establish the graywater standards based on: a) The protection of water quality in accordance with state and federal water quality laws; b) The use of existing building standards for graywater construction and installations; c) The impacts of graywater use on human health; The effects of the use of graywater for irritation on soil and ground water quality; d) The use and regulation of graywater in other jurisdictions within the United States and in other nations, including, but not limited to, New South Wales, Australia; e) The water quality and technology accreditation standards being developed by the National Sanitation Foundation (NSF International) Standard 350 Task Group on Onsite Residential and Commercial Graywater Treatment Systems; and f) Building standards on the Chapter 16 of the Uniform Plumbing code adopted by the International Association of Plumbing and Mechanical Officials. 3)Authorizes BSC to revise and update these standards at any time. SB 518 Page 2 4)Provides that, when BSC approves the standards, the existing authority of the Department of Water Resources (DWR) to adopt and update non-residential graywater systems standards is terminated. EXISTING LAW : 1)Defines graywater as untreated wastewater, uncontaminated by toilet discharge or an unhealthy bodily waste, which is not a threat from unhealthful processing, manufacturing or operating wastes. Graywater includes wastewater from bathtubs, showers, bathroom washbasins, clothes washers, and laundry tubs. Graywater excludes kitchen sink or dishwasher wastewater. 2)Requires the Department of Housing and Community Development (HCD) to propose adoption, amendment, or repeal of building standards to the BSC. Authorizes BSC to approve and adopt building standards. Requires that every three years a building standards rulemaking is undertaken to revise and update the California Building Standards Code. 3)Requires HCD to adopt and submit to the BSC for approval building standards for the construction, installation, and alteration of graywater systems for indoor and outdoor use in residential occupancies. FISCAL EFFECT : Not known. COMMENTS : 1)Need for the bill . According to the author, this bill addresses the need for additional water resources, specifically, "as water shortages grow more frequent and severe, it is imperative that the state promote the re-use of graywater wherever possible. Now that the state has established graywater standards for residential uses, it is time to take the next step to promote graywater re-use in non-residential occupancies". 2)Graywater : Water provided to homes and businesses meets national primary drinking water standards. However, many of the applications for water use in urban environments (e.g., flushing toilets, cleaning, firefighting, irrigation, etc.) do not pose the same types of exposure as direct ingestion of SB 518 Page 3 drinking water. Recovering graywater provides an opportunity to utilize an alternative water source for non-potable applications, thereby preserving water resources for other applications while decreasing the amount of energy used to treat both drinking water and wastewater and to convey water from sources to users and back to treatment facilities. However, ongoing uncertainties about health risks, ecological protection, and the appropriate regulatory framework for protecting public health have posed barriers to implementation in California. 3)Graywater vs. recycled water . Existing law defines "graywater" as "untreated wastewater which has not been contaminated by any toilet discharge ? 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." (Water Code Section 14876) Recycled water, by contrast, is waste water from all sources that is treated at a waste water treatment plant so as to achieve standards established by the Department of Health Services. (Water Code Section 13521) 4)Clarifying amendments . The bill provides a list of resources that the BSC should consider when establishing the graywater standards for non-residential properties (18941(c)). Several of these criteria, including the standards adopted in New South Wales, the NSF International Standard 350 Task Group, and the Chapter 16 of the Uniform Plumbing code may not be appropriate for the California graywater standards. In some cases the recommendations have not been adopted or they have been established for water recycling standards and not graywater use. The Committee may wish to simplify and clarify the issues for the BSC consideration. 1)Prior Legislation : SB 1258 (Lowenthal), Chapter 172, Statutes of 2008, required the HCD to adopt and submit to the BSC for approval building standards for the construction, installation, and alteration of graywater systems for indoor and outdoor use in residential occupancies. SB 518 Page 4 2)SB 518 - as approved by the Senate : This bill was amended after in was approved by the Senate. The amendments removed the contents of the bill and then added the non-residential graywater. The prior provisions of the bill addressed auto parking at State facilities. REGISTERED SUPPORT / OPPOSITION : Support California Building Industry Association California Business Properties Association California Chamber of Commerce California Municipal Utilities Association Environmental Justice Coalition for Water Natural Resources Defense Council Plumbing Heating Cooling Contractors of California Winnemem Wintu Tribe Opposition None Received Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916) 319-3965