BILL ANALYSIS
SB 1258
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Date of Hearing: June 10, 2008
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Jared Huffman, Chair
SB 1258 (Lowenthal) - As Amended: May 29, 2008
SENATE VOTE : 34-0
SUBJECT : Building Standards: Graywater.
SUMMARY : Requires the Department of Housing and Community
Development (HCD) to adopt, as specified, building standards for
graywater systems for indoor and outdoor use. Specifically,
this bill :
1)Requires HCD, at its next triennial building standards
rulemaking cycle commencing on or after January 1, 2009, in
consultation with the State Department of Public Health (DPH),
to adopt and submit to the California Building Standards
Commission (BSC) for approval building standards for the
construction, installation, and alteration of graywater
systems, as defined, for both indoor and outdoor uses.
2)Requires HCD, in adopting the graywater building standards, to
do all the following:
a) Convene a stakeholder's group including persons with
expertise in public health, water quality, geology or soil,
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 on the environmental
consequences to soil and groundwater of graywater use for
irrigation, including, but not limited to, research by the
Water Environment Research Foundation;
d) Consider graywater use impacts on human health;
e) Consider circumstances under which the use of in-home
graywater treatment systems are recommended; and,
f) Consider the use and regulation of graywater in other
jurisdictions both nationally and internationally.
3)Authorizes HCD to revise and update these standards at any
time, and requires HCD to reconsider them at the next
triennial building standards rulemaking following their
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adoption.
4)Provides that, when BSC approves the standards, the existing
authority of the Department of Water Resources (DWR) to adopt
and update graywater systems standards is terminated.
5)Authorizes local governments or agencies to adopt, following a
public hearing, a prohibition against the use of graywater or
to adopt more restrictive standards than those adopted by the
BSC.
6)Makes technical and conforming changes.
EXISTING LAW:
1)Defines graywater as untreated wastewater, uncontaminated by
toilet discharge or an unhealthy bodily waste, which is not a
threat from unhealthful processing, manufacturing or operating
wastes. Graywater includes wastewater from bathtubs, showers,
bathroom washbasins, clothes washers, and laundry tubs.
Graywater excludes kitchen sink or dishwasher wastewater.
2)Requires DWR to adopt graywater standards for residential
buildings. Existing standards authorize use of graywater for
drip irrigation only, as specified.
3)Requires HCD to propose adoption, amendment, or repeal of
building standards to the BSC.
4)Authorizes BSC to approve and adopt building standards. Every
three years a building standards rulemaking is undertaken to
revise and update the California Building Standards Code
(Title 24 of the California Code of Regulations). The 2007
triennial edition of the California Building Standards Code
applies to all occupancies that applied for a building permit
on or after January 1, 2008, and remains in effect until the
effective date of the 2010 triennial edition.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, minor and absorbable General Fund costs for
developing, reviewing, and approving revised graywater building
standards.
COMMENTS :
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1)Purpose : According to the author, the purpose of the bill is
to conserve water by facilitating greater reuse of graywater
in California. The author contends that the current graywater
limitation to uses for underground irrigation serve as a
disincentive to increased utilization of graywater. The
author believes that it is important to examine the use of
graywater for indoor non-potable uses, such as
toilet-flushing.
2)Background : In 1992, AB 3581 (Sher) Chapter 226 required DWR
to adopt standards for graywater systems in residential
buildings. The adopted standards limited use to subsurface
irrigation at residences. AB 313 (McDonald) Chapter 961,
Statutes of 1995, required DWR to adopt standards for
graywater use in subsurface irrigation. The current adopted
standards (in the Plumbing Code) permit the use of graywater
for subsurface irrigation in residential, commercial, and
industrial settings. These irrigation systems must be
installed at least 9 inches below the surface.
3)Support : Writing in support, the San Francisco PUC notes
"graywater can be an important component in achieving [water
conservation and ? efficient use of water]." The Green
Plumbers write "New technology is now available that can
provide cost effective solutions and produce graywater for
non-potable use that is safe." The Planning and Conservation
League notes "SB 1258 will remove obstacles to the development
of this valuable water resource while continuing to protect
public health."
SB 1258
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REGISTERED SUPPORT / OPPOSITION :
Support :
California Association of Sanitation Agencies (CASA)
California Municipal Utilities Association
California Water Association
Clean Water Action
East Bay Municipal Utility District
Environmental Justice Coalition for Water
Green Plumbers USA
Natural Resources Defense Council
Perpetual Water
Planning and Conservation League
Plumbing-Heating-Cooling Contractors of California
San Francisco Public Utilities Commission
Opposition :
None received.
Analysis Prepared by : Kate Riley / E.S. & T.M. / (916)
319-3965