BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1258|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
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                                 THIRD READING


          Bill No:  SB 1258
          Author:   Lowenthal (D)
          Amended:  5/5/08
          Vote:     21

           
           SENATE ENV. QUALITY COMMITTEE  :  5-0, 4/7/08
          AYES: Simitian, Runner, Aanestad, Kuehl, Lowenthal
          NO VOTE RECORDED: Florez, Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  12-0, 4/28/08
          AYES:  Torlakson, Cox, Aanestad, Cedillo, Corbett, Dutton,  
            Florez, Kuehl, Ridley-Thomas, Runner, Wyland, Yee
          NO VOTE RECORDED:  Ashburn, Oropeza, Simitian


           SUBJECT  :    Building standards: graywater

           SOURCE  :     Author


           DIGEST  :    This bill requires the Department of Housing and  
          Community Development, at the next triennial building  
          standards rulemaking cycle that commences on or after  
          January 1, 2009, to adopt and submit to the California  
          Building Standards Commission, for approval, building  
          standards for the construction, installation, and  
          alteration of graywater systems for indoor use.

           ANALYSIS  :    

          Existing law:

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          1. The California Building Standards Law provides for the  
             adoption of building standards by state agencies by  
             requiring all state agencies that adopt or propose  
             adoption of any building standard to submit the building  
             standard to the California Building Standards Commission  
             (Commission) for approval and adoption.

          2. Requires the Department of Housing and Community  
             Development (HCD) to propose the adoption, amendment, or  
             repeal of building standards to the Commission relating  
             to hotels, motels, lodging houses, apartment houses, and  
             dwellings, and the buildings and structures accessory  
             thereto, except as specified.

          3. Authorizes a city or county to make changes or  
             modifications in the building standards proposed by the  
             HCD and approved by the Commission, to provide for local  
             variances relating to local climatic, geological, or  
             topographical conditions, upon making certain findings  
             and filing those findings with the Commission.

          This bill:

          1. Defines "graywater" to mean 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.  Also includes  
             wastewater from bathtubs, showers, bathroom washbasins,  
             clothes washing machines, and laundry tubs, but does not  
             include wastewater from kitchen sinks or dishwashers.

          2. Requires the HCD, at the next triennial building  
             standards rulemaking cycle that commences on or after  
             January 1, 2009, to adopt and submit to the Commission,  
             for approval, building standards for the construction,  
             installation, and alteration of graywater systems for  
             indoor use.

          3. Requires the HCD in adopting building standards to  
             promote graywater systems while ensuring reasonable  
             protection of water quality in accordance with  
             applicable provisions of state and federal water quality  







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             law.  Provides that HCD may revise and update the  
             standards adopted.

          4. Authorizes a city, county, or other local agency to  
             adopt, after a public hearing and enactment of an  
             ordinance or resolution, building standards that  
             prohibit entirely the use of graywater, or building  
             standards that are more restrictive than the graywater  
             building standards adopted by the HCD and published in  
             the California Building Standards Code.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions             2008-09             2009-10          
              2010-11           Fund  

          Develop building          minor and absorbable               
                 General
          standards  for gray- 
          water (HCD)

          Review/approve 
          standards                 minor and absorbable               
                 General
          (Commission)

           SUPPORT  :   (Verified  5/5/08)

          California Building Industry Association
          California Municipal Utilities Association
          California Water Association
          East Bay Municipal Utility District
          GreenPlumbers USA
          Perpetual Water
          Planning and Conservation League
          Plumbing-Heating-Cooling Contractors of California
          San Francisco Public Utilities Commission









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           ARGUMENTS IN SUPPORT  :    According to the author's office:

            "Graywater is the waste water that comes from showers,  
            washing machines, bathtubs, and bathroom sinks.  This  
            water is mostly clean, but contains some bacteria and  
            some soap.  Many of us know of instances, usually during  
            water rationing, in which people have used this water for  
            plants in their yards. 

            "Under existing provisions of the state plumbing code  
            that date from the early 1990s, however, graywater can  
            only be used for irrigation through a system that is  
            entirely buried 9 inches below the surface of the ground.  
             As you can imagine, this severely limits the use of  
            graywater in California and makes it ineffective as a  
            water conservation measure.

            "This bill in effect will 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."


          TSM:mw  5/5/08   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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