BILL NUMBER: AB 849	AMENDED
	BILL TEXT

	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  differ from the standards
adopted by the department   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,  or  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 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.   (a)    
Subject to subdivision (b)   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  differ from 
 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. 
   (b) An ordinance adopted pursuant to subdivision (a) shall include
the local climatic, geological, or topographical conditions that
necessitate building standards different from 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 and shall be limited to the specific area of
the city, county, or local agency where the conditions exist.

  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  differ from
  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.   pursuant to state
requirements. 
   (b) An ordinance adopted pursuant to subdivision (a) shall include
the local climatic, geological,  or  topographical
 , or public health  conditions that necessitate building
standards  different from   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   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 graywater systems pursuant to state
requirements relating to graywater, a city, county, or other local
agency shall consult 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
 installation and implementation of residential and
commercial graywater systems in as many structures as possible
throughout the state by requiring adherence to a uniform code, and to
clarify that divergent standards not meeting the requirements of
Section 1 of this act should not be applied to graywater systems.
  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.