BILL ANALYSIS
SB 1258
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2007-2008 Regular Session
BILL NO: SB 1258
AUTHOR: Lowenthal
AMENDED: April 1, 2008
FISCAL: Yes HEARING DATE: April 7, 2008
URGENCY: No CONSULTANT: Bruce Jennings
SUBJECT : GRAYWATER STANDARDS
SUMMARY :
Existing law :
1) Requires certain parties to file a discharge report with a
regional water quality control board, pursuant to the
Porter-Cologne Water Quality Control Act and the federal
Water Pollution Control Act.
2) Requires a regional water quality control board, after
consulting with the Department of Public Health, and any
other party who has requested in writing to be consulted,
and after any necessary hearing, to prescribe water
reclamation requirements for water that is used or proposed
to be used as reclaimed water.
3) Requires the State Water Resources Control Board to adopt a
general permit applicable to landscape irrigation uses of
recycled water on parks, playgrounds, school yards,
residential landscaping and unrestricted access. The
general permit must be consistent with applicable water
quality control provisions of both state and federal water
quality laws.
4) Specifies that the law relating to graywater systems (Water
Code Section 14875 et seq.) applies to "the construction,
installation, or alteration of graywater systems for
subsurface irrigation and other safe uses."
a) Defines "graywater" as "untreated wastewater which
has not been contaminated?and does not present a threat
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from contamination by unhealthful processing,
manufacturing, or operating wastes." Graywater includes
wastewater from bathtub, showers, bathroom washbasins,
clothes washing machines, and laundry tubs; it does not
include wastewater from kitchen sinks or dishwashers."
(Water Code Section 14876) Recycled water, by contrast,
is wastewater from all sources that is treated at a
wastewater treatment plant so as to achieve standards
established by the Department of Public Health (Water
Code Section 13521).
b) Requires the Department of Water Resources (DWR) to
adopt standards for the "installation" of graywater
systems.
c) Authorizes a graywater system to be "installed" if
the city or county having jurisdiction over installation
determines the system complies with DWR standards.
This bill revises the law relating to graywater systems to:
1) Expand the authority of DWR to adopt standards for the
"construction" or "alteration" of graywater systems in
addition to the existing authority to adopt standards for
the "installation" of graywater systems.
2) Expand, correspondingly, the authority of a city or county
to authorize the "construction" or "alteration" of a
graywater system, contingent on determining that such a
system complies with the standards adopted by the DWR under
current law.
COMMENTS :
1) Purpose of Bill . The intent of this bill is to provide for
greater water conservation by facilitating the use of
graywater in California. As water shortages grow more
frequent and severe, it is crucial that the state
re-examine its opportunities for the use of graywater.
This bill is intended to promote water conservation by
making graywater more readily available in situations where
its use is safe.
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2) Background . AB 3518 (Sher), Chapter 226, Statutes of 1992,
required the DWR to adopt standards for the installation of
graywater systems in residential buildings. The graywater
provisions under AB 3518 applied to the "construction,
installation, or alteration of graywater systems for
landscape irrigation for a single family residence."
AB 313 (McDonald) Chapter 961, Statutes of 1995, revised the
"construction, installation, or alteration of graywater
systems in order to apply to subsurface irrigation and
other safe uses."
While the law relating to graywater applies to "the
construction, installation, or alteration" of graywater
systems, provisions relating to state standards and city or
county jurisdiction refer only to "installation" of the
systems. SB 1258 clarifies that these provisions of the
law correspond to its purpose by adding references to
"construction" and "alteration."
3) Meshing graywater law and water quality law . It may be
useful to ensure that as graywater law evolves, such law
works in tandem with other state law protecting the quality
of the states' waters. To this end, the author may wish to
amend the bill to state that all graywater law shall be
consistent with the state's water quality laws, e.g., the
promotion of graywater shall be achieved consistent with
the reasonable protection of water quality in accordance
with applicable provisions of state and federal water
quality law. Such an amendment would be similar to
language that was adopted last year by the committee on a
water recycling law (AB 1491 by Assemblymember De La
Torre).
4) Double Referral to Health Committee . Should this measure
be approved by this committee, the do pass motion must
include the action to re-refer the bill to the Senate
Committee on Health for further review.
SOURCE : Senator Lowenthal
SUPPORT : California Association of Sanitation Agencies
California Special Districts Association
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California Water Association
GreenPlumbers USA
Plumbing Heating Cooling Contractors of
California
San Francisco Public Utilities Commission
OPPOSITION : None on file