BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1738


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          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  








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          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  








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            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."








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          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  








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          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,  








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          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

















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