BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: Sb 518
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  lowenthal
                                                         VERSION: 6/7/10
          Analysis by: Mark Stivers                      FISCAL:  yes
          Hearing date: August 10, 2010





          SUBJECT:

          Graywater building standards for non-residential construction

          DESCRIPTION:

          This bill requires the Building Standards Commission as part of  
          the next triennial edition of the California Building Standards  
          Code to adopt standards for the construction, installation, or  
          alteration of graywater systems for indoor and outdoor uses in  
          non-residential occupancies.

          ANALYSIS:

          The California Building Standards Law establishes the California  
          Building Standards Commission (BSC) and the process for adopting  
          state building standards.  Under this process, relevant state  
          agencies propose amendments to model building codes, which the  
          BSC must then adopt, modify, or reject.  For example, the  
          Department of Housing and Community Development (HCD) is the  
          relevant state agency for residential building standards.  The  
          Office of Statewide Health Planning and Development is  
          responsible for hospitals and clinics, and the Division of the  
          State Architect is the relevant agencies for schools and  
          emergency service buildings.  Current law requires BSC to  
          publish the California Building Standards Code in its entirety  
          once every three years.  The next triennial set of codes is  
          scheduled for adoption in July 2013.  

          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."




          SB 518 (LOWENTHAL)                                        Page 2

                                                                       



          SB 1258 (Lowenthal), Chapter 172, Statutes of 2008, required 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.   
          HCD conducted an extensive outreach and public participation  
          process to develop the proposed standards, and the BSC adopted  
          these standards on July 30, 2009.  

           This bill  requires the BSC as part of the next triennial edition  
          of the California Building Standards Code to adopt standards for  
          the construction, installation, or alteration of graywater  
          systems for indoor and outdoor uses in non-residential  
          occupancies.
          

          COMMENTS:

           1.Purpose of the bill  .  According to the author, 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.BSC as code developer  .  As a general rule, the BSC adopts  
            building standards developed by other state agencies for  
            occupancies within their respective jurisdictions.   
            Historically, the BSC has not had areas of jurisdiction on its  
            own.  With the increased interest in applying green building  
            standards to industrial and commercial structures over which  
            no state agency has explicit jurisdiction, the Legislature has  
            previously authorized the BSC to develop green building  
            standards for such non-residential occupancies.  This bill  
            likewise assigns the BSC the role of developing graywater  
            standards for non-residential occupancies.

           3.Concurrence hearing  .  When the Senate previously approved this  
            bill, it dealt with a different subject matter.  Now that the  
            bill is back in the Senate for concurrence, the Senate Rules  
            Committee has referred the bill to the committee under Senate  
            Rule 29.10 in order for the committee to review the amendments  
            taken in the Assembly.  On a concurrence hearing such as this,  
            the committee may only take one of two actions: 1) hold the  
            bill; or 2) return the bill to the Senate Floor for  
            concurrence in Assembly amendments.  




          SB 518 (LOWENTHAL)                                        Page 3

                                                                       



          Assembly Votes:
               Floor:                            71-0
               Appr:     17-0
               ES&TM:      9-0

          POSITIONS:  (Communicated to the Committee before noon on  
          Monday,
                     August 9, 2010)

               SUPPORT:  California Building Industry Association
                         California Business Properties Association
                         California Chamber of Commerce
                         Environmental Justice Coalition for Water
                         Natural Resources Defense Council
                         Plumbing Heating Cooling Contractors of  
          California
                         Plumbing Manufacturing Institute
                         Winnemem Wintu Tribe
          
               OPPOSED:  None received.