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.