BILL ANALYSIS Ó AB 1738 Page 1 ASSEMBLY THIRD READING AB 1738 (McCarty) As Amended March 28, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Environmental |5-2 |Alejo, Gray, Lopez, |Dahle, Beth Gaines | |Safety | |McCarty, Ting | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |15-5 |Gonzalez, Bloom, |Bigelow, Gallagher, | | | |Bonilla, Bonta, |Jones, Obernolte, | | | |Calderon, Chang, |Wagner | | | |Daly, Eggman, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Quirk, Santiago, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Requires the Department of Housing and Community Development (Department) to develop building standards for the construction, installation, and alteration of dark graywater AB 1738 Page 2 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. 4)Requires the Department to consult with the State Water Resources Control Board (State Water Board) when developing building standards for dark graywater. EXISTING LAW: 1)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. 2)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 satisfy nine specific AB 1738 Page 3 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. 3)Requires the BSC to adopt building standards for the construction, installation, and alteration of graywater systems for indoor and outdoor uses in nonresidential occupancies. 4)Establishes minimum requirements for the installation of graywater systems in occupancies regulated by the Department. FISCAL EFFECT: According to the Assembly Appropriations Committee, should this bill be enacted, it could result in: increased staffing and overhead costs of $145,000 (general fund (GF)) for the Department to develop dark greywater building standards over an 18-month period; potential future costs of $500,000 (GF) to prepare an Environmental Impact Report if the Governor's emergency order providing a California Environmental Quality Act exemption for drought-related activities is not extended beyond 2020, and the regulations developed for the triennial code adoption cycle are legally challenged; and, increased costs in the $140,000 range (GF) for the State Water Board to advise the Department on the development of the dark graywater building standards. COMMENTS: 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." AB 1738 Page 4 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 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 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 non- kitchen faucets. According to a 2009 University of California, Los Angeles (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 AB 1738 Page 5 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 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, AB 1738 Page 6 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, the regulations were developed with input from stakeholders representing a wide variety of interests during several public meetings, with several drafts for public comment. This bill adds dark graywater to the existing regulatory framework for graywater. Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0003094 AB 1738 Page 7