BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1738


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          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.








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          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  








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               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  








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            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  








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          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  








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          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,  








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          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  








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            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:








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          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










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          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