BILL NUMBER: AB 849	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 14, 2011
	AMENDED IN ASSEMBLY  MAY 26, 2011
	AMENDED IN ASSEMBLY  MAY 2, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 17, 2011

   An act to amend Section 18941.7 of the Health and Safety Code,
  and to amend Section 14877.3 of the Water Code,   relating
to water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 849, as amended, Gatto. Water: use efficiency: graywater
building standards.
    Existing law authorizes 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 of Housing and
Community Development and published in the California Building
Standards Code.
   This bill would repeal the authority of a city, county, or other
local agency to adopt building standards that prohibit entirely the
use of graywater and instead authorize the adoption, under specified
requirements, of standards that differ from the standards adopted by
the department. The bill would require that an ordinance enacted
pursuant to this authority include the local climatic, geological, or
topographical conditions requiring different building standards.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 18941.7 of the Health and Safety Code is
amended to read:
   18941.7.  (a) Subject to subdivision (b), a city, county, or other
local agency may adopt, after a public hearing and enactment of an
ordinance or resolution, building standards that differ from the
graywater building standards adopted by the Department of Housing and
Community Development under Section 17922.12 and published in the
California Building Standards Code.
   (b) An ordinance adopted pursuant to subdivision (a) shall include
the local climatic, geological, or topographical conditions that
necessitate building standards  for a specific area of the city,
county, or local agency where the conditions exist  different
from the graywater building standards adopted by the Department of
Housing and Community Development under Section 17922.12 and
published in the California Building Standards Code.
   SEC. 2.    Section 14877.3 of the   Water
Code   is amended to read: 
   14877.3.   After   (a)    
Subject to subdivision (b), a city, county, or other local agency may
adopt, after  a public hearing  , a city or county may
adopt, by   and enactment of an  ordinance  or
resolution  ,  building  standards that 
prohibit the use of   differ from the  graywater
 or   building  standards  that are
more restrictive than the standards adopted by the department, as
appropriate for the local area   adopted by the
Department of Housing and Community Development under Section
17922.12 and published in the California Building Standards Code
 . 
   (b) An ordinance adopted pursuant to subdivision (a) shall include
the local climatic, geological, or topographical conditions that
necessitate building standards for a specific area of the city,
county, or local agency where the conditions exist different from the
graywater building standards adopted by the Department of Housing
and Community Development under Section 17922.12 and published in the
California Building Standards Code. 
   SEC. 2.   SEC. 3.   It is the intent of
the Legislature to encourage the installation and implementation of
residential and commercial graywater systems in as many structures as
possible throughout the state by requiring adherence to a uniform
code, and to clarify that divergent standards not meeting the
requirements of Section 1 of this act should not be applied to
graywater systems.