BILL ANALYSIS Ó AB 1738 Page 1 Date of Hearing: March 29, 2016 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Luis Alejo, Chair AB 1738 (McCarty) - As Amended March 28, 2016 SUBJECT: Building Standards: Dark Graywater SUMMARY: Requires the Department of Housing and Community Development (Department) to develop building standards for the construction, installation, and alteration of dark graywater systems, as defined. Specifically, this bill: 1)Defines "dark graywater" as including untreated wastewater from kitchen sinks or dishwashers that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. 2)Requires the Department, at the next triennial building standards rulemaking cycle, to develop and submit for approval building standards for the construction, installation, and alteration of dark graywater systems for indoor and outdoor uses. 3)Requires the Department, at the next triennial building standards rulemaking cycle, when developing building standards, to add the consideration of dark graywater regulation to existing requirements for graywater regulation. AB 1738 Page 2 4)Requires the Department to consult with the State Water Resources Control Board when developing building standards for dark graywater. EXISTING LAW: 1)Defines "graywater" as untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Clarifies that "graywater" includes wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. (Health and Safety Code (HSC) § 17922.12 (a)) 2)Requires the Department, at the next triennial building standards rulemaking, to adopt and submit for approval building standards for the construction, installation, and alteration of graywater systems for indoor and outdoor uses. (HSC § 17922.12 (b)) 3)Requires the Department, in adopting building standards for graywater, to do all of the following: a) Convene and consult a stakeholder's group that includes members with expertise in public health, water quality, geology or soils, residential plumbing, home building, and environmental stewardship; b) Ensure protection of water quality in accordance with applicable provisions of state and federal water quality law; c) Consider existing research available on the environmental consequences to soil and groundwater of short-term and long-term graywater use for irrigation AB 1738 Page 3 purposes, including, but not limited to, research sponsored by the Water Environment Research Foundation; d) Consider graywater use impacts on human health; e) Consider the circumstances under which the use of in-home graywater treatment systems is recommended; and, f) Consider the use and regulation of graywater in other jurisdictions within the United States and in other nations. (HSC § 17922.12 (c)) 4)Authorizes the Department to revise and update graywater standards at any time, and requires the Department to reconsider graywater standards at the next triennial rulemaking that commences after their adoption. (HSC § 17922.12 (d)) 5)Requires any building standard adopted or proposed by state agencies to be submitted to, and approved or adopted by, the California Building Standards Commission (BSC) prior to codification. Requires building standards adopted by state agencies and submitted to the BSC to, to the satisfaction of the commission, satisfy nine specific criteria, including that the public interest requires the adoption of the building standards and that the cost to the public is reasonable, based on the overall benefit to be derived from the building standards (HSC § 18930 (a)) 6)Requires the BSC to adopt building standards for the construction, installation, and alteration of graywater systems for indoor and outdoor uses in nonresidential occupancies. (HSC § 18941.8) 7)Governs the use of recycled water from sources that contain domestic waste, in whole or in part. (California Code of Regulations (CCR) Title 22 , Division 4, Chapter 3) 8)Establishes minimum requirements for the installation of AB 1738 Page 4 graywater systems in occupancies regulated by the Department. (CCR Title 24, Part 5, Chapter 16A, Part I (California Plumbing Code)) FISCAL EFFECT: Unknown. COMMENTS: Need for the bill: According to the author, "This bill would create a new type of recyclable water ("dark graywater") from kitchen sinks and dishwashers. Under the current definition of graywater, water from kitchen sinks and dishwashers cannot be recycled for any on-site use. This bill will create a regulatory framework to allow for the issuance of permits for graywater systems which recycle water from kitchens. Currently, three other states (Washington, Oregon and Arizona) have laws or administrative actions that allow for graywater systems which use "dark" graywater for subsurface irrigation. Many homeowners have started the practice of installing illegal systems which recycle water from kitchen sinks and dishwashers. Creating a new definition of "dark graywater" for just kitchen water will allow for a framework to permit these systems, while not affecting the current permitting system for traditional graywater systems." Graywater: In California, graywater is defined as, "untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or AB 1738 Page 5 operating wastes." Under California law, graywater includes wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. This bill would define "dark graywater" as untreated wastewater from kitchen sinks or dishwashers. Dark graywater typically has a high level of suspended solids and a high organic content, thus requiring a significant level of treatment to allow even non-potable reuse. Graywater: benefits: With careful management, graywater can be a beneficial source of recycled water. Under current law, both dark graywater and blackwater (toilet wastewater) must be conveyed to and treated by centralized wastewater treatment plants. Only graywater can be treated on-site for non-potable usage. Graywater that can be used directly or with a reasonable level of local treatment (i.e., at the point of use) includes water from clothes washers, showers, baths, and faucets (non-kitchen). According to a 2009 UCLA report, Graywater- A Potential Source of Water, graywater constitutes about 60% of the total indoor water use in single-family homes. The report points out that 1.3% of the total indoor water used in a single-family home is for washing dishes. The UCLA report predicts that recycling all of the graywater in households in Southern California would be sufficient to meet outdoor water use demands in the area. Adding dark graywater to the recycling equation could then provide enough water to meet up to 41% of toilet water needs, provided that the dark graywater undergoes treatment before use. The report points out that participation of 10% of the households in the South Coast Hydrologic Region in the recycling of their graywater and dark graywater could produce potable water savings of between 40 to 100 million gallons per day (1.6% - 4% of total water use). This volume of water is equivalent to, or more than, the capacity of a modern, large seawater desalination plant. Graywater: health risks: The recycling and reuse of graywater AB 1738 Page 6 can create health risks, such as a potential exposure to pathogenic bacteria and viruses. Exposure to graywater can occur both through direct contact and through exposure to graywater-contaminated irrigated landscaping, crops, or groundwater. Because dark graywater can contain chemicals from dishwashing detergents, food particles, oils, fats, grease, pathogens from meat preparation, and even, as some studies have shown, concentrations of fecal coliform similar to toilet water, it can be considered a high-risk wastewater. For this reason, it is important that robust regulations with strong public health and environmental protections are promulgated for the reuse of graywater and dark graywater. Graywater regulation in California: Since the 1990s, California's Building Code has included provisions that authorized the installation and use of graywater systems, but the regulations were deemed by many to be restrictive and complicated. In 2008, California revised its approach to graywater regulation by enacting SB 1258 (Lowenthal, Chapter 172, Statutes of 2008), the "Showers to Flowers" bill, which shifted responsibility for regulating residential graywater use from the Department of Water Resources to the Department. SB 1258 required the Department to revise building standards for the construction, installation, and alteration of graywater systems for indoor and outdoor uses. The goal of the bill was to facilitate and encourage safe graywater systems in California. The Department promulgated the new residential graywater standard, incorporated into the 2007 California Plumbing Code (Title 24, Part 5, Chapter 16A), which is intended to conserve water by facilitating greater reuse of laundry, shower, lavatory and similar sources of discharge for irrigation and/or indoor use; reduce the number of non-compliant graywater systems by making legal compliance easily achievable; provide guidance for avoiding potentially unhealthful conditions; and, provide an alternative way to relieve stress on a private sewage disposal system by diverting the graywater. According to the Department, AB 1738 Page 7 the regulations were developed with input from stakeholders representing a wide variety of interests during several public meetings, with several drafts for public comment. Toward the end of the development of the regulations, the Department made a decision to propose the graywater standards on an emergency basis in order to allow the regulations to become effective approximately 18 months sooner than they would have been through the standard adoption process. This bill adds dark graywater to the existing regulatory framework for graywater. Related bills: 1)AB 1463 (Gatto). This bill would require the State Water Resources Control Board, in consultation with the State Department of Public Health, the California Building Standards Commission, and stakeholders, to establish water quality standards and distribution, monitoring, and reporting requirements for onsite water recycling systems prior to authorizing the use of onsite treated water in internal plumbing of residential and commercial buildings. This bill has been referred to the Senate Environmental Quality Committee. 2)AB 2022 (Gordon). This bill would authorize the operator of a facility producing advanced purified demonstration water, as defined, to cause that water to be bottled and distributed as samples for educational purposes and to promote water recycling. This bill has been referred to the Assembly Environmental Safety and Toxic Materials Committee. 3)AB 2076 (C. Garcia). This bill would require the State Water Resources Control Board to adopt uniform water recycling criteria for the use of recycled water in the manufacture of AB 1738 Page 8 beer and wine. This bill has been referred to the Assembly Environmental Safety and Toxic Materials Committee. 4)AB 2601 (Eggman). This bill would require the Department, on or after January 1, 2017, to adopt and submit amendments to the building standards that require that all new single-family and duplex residential dwelling units include specified components to allow the separate discharge of graywater for direct irrigation and that all new single-family residential dwelling units include a segregated building drain for lavatories, showers, and bathtubs to allow for future installation of a distributed graywater system. This bill was referred to the Assembly Committee on Housing and Community Development. 5)AB 2282 (Gatto, Chapter 606, Statues of 2014). This bill requires the Department to conduct research to assist in the development of, and to submit for adoption of, mandatory building standards for the installation of recycled water systems for newly constructed single-family and multifamily residential buildings. 6)SB 518 (Lowenthal, Chapter 622, Statutes of 2010). This bill requires the California Building Standards Commission, as a part of the next triennial edition of the California Building Standards Code adopted after January 1, 2011, to adopt building standards for the construction, installation, and alteration of graywater systems for indoor and outdoor uses in nonresidential occupancies. 7)SB 1258 (Lowenthal, Chapter 172, Statutes of 2008). This bill requires the Department, at the next triennial building standards rulemaking, to adopt and submit building standards for the construction, installation, and alteration of graywater, as defined, systems for indoor and outdoor uses. This bill also moved the responsibility for regulating residential graywater from the Department of Water Resources to the Department. REGISTERED SUPPORT / OPPOSITION: AB 1738 Page 9 Support California League of Conservation Voters Grateful Roots, Residential Greywater Installer Greywater Action Kingdom Industry Construction, LLC Oasis Design Ojai Valley Green Coalition RainThanks & Greywater San Francisco Public Utilities Commission Sierra Club AB 1738 Page 10 Sierra Watershed Progressive Sustainable Silicon Valley Individual: Mark Lundegren Opposition Eastern Municipal Water District Analysis Prepared by:Shannon McKinney / E.S. & T.M. / (916) 319-3965