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.








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          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
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            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.  








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           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