BILL NUMBER: AB 849	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2011
	AMENDED IN SENATE  JULY 13, 2011
	AMENDED IN SENATE  JUNE 23, 2011
	AMENDED IN SENATE  JUNE 14, 2011
	AMENDED IN ASSEMBLY  MAY 26, 2011
	AMENDED IN ASSEMBLY  MAY 2, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 17, 2011

   An act to amend Section 18941.7 of the Health and Safety Code, and
to amend Section 14877.3 of the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 849, as amended, Gatto. Water: use efficiency: graywater
building standards.
    Existing law 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 Department of Housing and
Community Development and published in the California Building
Standards Code.
   This bill would repeal the authority of a city, county, or other
local agency to adopt building standards that prohibit entirely the
use of graywater and instead authorize the adoption, under specified
requirements, of standards that are more restrictive than that
adopted pursuant to state requirements. The bill would require that
an ordinance enacted pursuant to this authority include the local
climatic, geological, topographical, or public health conditions
requiring different building standards. The bill would also require a
city, county, or other local agency to consult with the local public
health department prior to  permitting  
commencing the issuance of permits for indoor graywater systems,
as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18941.7 of the Health and Safety Code is
amended to read:
   18941.7.  Subject to Section 14877.3 of the Water Code, a city,
county, or other local agency may adopt, after a public hearing and
enactment of an ordinance or resolution, building standards that are
more restrictive than the graywater building standards adopted by the
Department of Housing and Community Development under Section
17922.12 and published in the California Building Standards Code.
  SEC. 2.  Section 14877.3 of the Water Code is amended to read:
   14877.3.  (a) Subject to subdivision (b), a city, county, or other
local agency may adopt, after a public hearing and enactment of an
ordinance or resolution, building standards that are more restrictive
than the graywater building standards adopted pursuant to state
requirements.
   (b) An ordinance adopted pursuant to subdivision (a) shall include
the local climatic, geological, topographical, or public health
conditions that necessitate building standards that are more
restrictive than the graywater building standards adopted pursuant to
state requirements and shall be limited to the specific area of the
city, county, or local agency where the conditions exist.
   (c) Prior to  permitting   commencing the
issuance of permit   s for indoor  graywater systems
pursuant to state requirements relating to graywater, a city, county,
or other local agency shall  consult   seek
consultation  with the local public health department to ensure
that local public health concerns are addressed in local standards or
ordinances, or in issuing permits.
  SEC. 3.  It is the intent of the Legislature to encourage the use
of graywater systems and to provide consistency and uniformity in the
implementation of graywater standards in this state, where
appropriate. It is the intent of the Legislature to support
innovation in the development of graywater technology that promotes
prudent water conservation efforts for this state.