California Legislature—2015–16 Regular Session

Assembly BillNo. 1738


Introduced by Assembly Member McCarty

February 1, 2016


An act to amend Section 17922.12 of the Health and Safety Code, relating to building standards.

LEGISLATIVE COUNSEL’S DIGEST

AB 1738, as introduced, McCarty. Building Standards: Dark Graywater.

The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption.

Existing law requires the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the commission relating to hotels, motels, lodging houses, apartment houses, and dwellings, and the buildings and structures accessory thereto, except as specified.

Existing law requires the department, at the next triennial building standards rulemaking, to adopt and submit to the commission for approval building standards for the construction, installation, and alteration of graywater systems for indoor and outdoor uses. Existing law excludes wastewater from kitchen sinks and dishwashers from the definition of “graywater.”

This bill would define “dark graywater” as a specified wastewater that comes from kitchen sinks and dishwashers. This bill would require the department, at the next triennial building standards rulemaking cycle, to adopt and submit for approval building standards for the construction, installation, and alteration of dark graywater systems for indoor and outdoor uses.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 17922.12 of the Health and Safety Code
2 is amended to read:

3

17922.12.  

(a) For the purposes of this section, “graywater”
4means untreated wastewater that has not been contaminated by
5any toilet discharge, has not been affected by infectious,
6contaminated, or unhealthy bodily wastes, and does not present a
7threat from contamination by unhealthful processing,
8manufacturing, or operating wastes. “Graywater” includes
9wastewater from bathtubs, showers, bathroom washbasins, clothes
10washing machines, and laundry tubs, but does not include
11wastewater from kitchen sinks or dishwashers.begin insert For purposes of
12this section, “dark graywater” includes untreated wastewater
13from kitchen sinks or dishwashers that has not been contaminated
14by any toilet discharge, has not been affected by infectious,
15contaminated, or unhealthy bodily wastes, and does not present a
16threat from contamination by unhealthful processing,
17manufacturing, or operating wastes.end insert

18(b) Notwithstanding Chapter 22 (commencing with Section
1914875) of Division 7 of the Water Code, at the next triennial
20building standards rulemaking cycle that commences on or after
21January 1, 2009, the department shall adopt and submit for approval
22pursuant to Chapter 4 (commencing with Section 18935) of Part
232.5 building standards for the construction, installation, and
24alteration of graywater systemsbegin insert and dark graywater systemsend insert for
25indoor and outdoor uses.

26(c) In adopting building standards under this section, the
27department shall do all of the following:

28(1) Convene and consult a stakeholder’s group that includes
29members with expertise in public health, water quality, geology
30or soils, residential plumbing, home building, and environmental
31stewardship.

P3    1(2) Ensure protection of water quality in accordance with
2applicable provisions of state and federal water quality law.

3(3) Consider existing research available on the environmental
4consequences to soil and groundwater of short-term and long-term
5graywaterbegin insert and dark graywaterend insert use for irrigation purposes,
6including, but not limited to, research sponsored by the Water
7Environment Research Foundation.

8(4) Consider graywaterbegin insert and dark graywaterend insert use impacts on
9human health.

10(5) Consider the circumstances under which the use of in-home
11graywaterbegin insert and dark graywaterend insert treatment systemsbegin delete isend deletebegin insert areend insert
12 recommended.

13(6) Consider the use and regulation of graywaterbegin insert and dark
14graywaterend insert
in other jurisdictions within the United States and in
15other nations.

16(d) The department may revise and update the standards adopted
17under this section at any time, and the department shall reconsider
18these standards at the next triennial rulemaking that commences
19after their adoption.

20(e) The approval by the California Building Standards
21Commission of the standards for graywater systems adopted under
22this section shall terminate the authority of the Department of
23Water Resources to adopt and update standards for the installation,
24construction, and alteration of graywater systems in residential
25buildings pursuant to Chapter 22 (commencing with Section 14875)
26of Division 7 of the Water Code.



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