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H.B. No. 2661
AN ACT
relating to the use of graywater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.0311, Water Code, is amended to read
as follows:
Sec. 26.0311. STANDARDS FOR CONTROL OF GRAYWATER
[GREYWATER]. (a) In this section, "graywater" ["greywater"] means
wastewater from clothes washing machines, showers, bathtubs,
handwashing lavatories, and sinks that are not used for disposal of
hazardous or toxic ingredients. The term does not include
wastewater:
(1) that has come in contact with toilet waste;
(2) from the washing of material, including diapers,
soiled with human excreta; or
(3) from sinks used for food preparation or disposal.
(b) The commission by rule shall adopt and implement minimum
standards for the use of graywater for:
(1) [greywater in] irrigation and [for] other
agricultural purposes;
(2) [,] domestic use, to the extent consistent with
Section 341.039, Health and Safety Code;
(3) [,] commercial purposes; [,] and
(4) industrial purposes.
(c) The standards adopted by the commission under
Subsection (b) must [that will] assure that the use of graywater is
[greywater will] not [be] a nuisance and does not [or] damage the
quality of surface water and groundwater in this state.
SECTION 2. Section 341.039, Health and Safety Code, is
amended to read as follows:
Sec. 341.039. GRAYWATER STANDARDS. (a) The commission
[and the Texas State Board of Plumbing Examiners] by rule shall
adopt and implement minimum standards for the use and reuse of
graywater for:
(1) [in] irrigation and [for] other agricultural
purposes;
(2) [,] domestic use, to the extent consistent with
Subsection (c);
(3) [,] commercial purposes; [,] and
(4) industrial purposes.
(b) The standards adopted by the commission under
Subsection (a) must [to] assure that the use of graywater is not a
nuisance and does not damage the quality of surface water and
groundwater in this state.
(c) The commission may not require a permit for the domestic
use of less than 400 gallons of graywater each day if the graywater:
(1) originates from a private residence;
(2) is used by the occupants of that residence for
gardening, composting, or landscaping at the residence;
(3) is collected using a system that overflows into a
sewage collection or on-site wastewater treatment and disposal
system;
(4) is stored in tanks that:
(A) are clearly labeled as nonpotable water;
(B) restrict access, especially to children; and
(C) eliminate habitat for mosquitoes and other
vectors;
(5) uses piping clearly identified as a nonpotable
water conduit, including identification through the use of purple
pipe, purple tape, or similar markings;
(6) is generated without the formation of ponds or
pools of graywater;
(7) does not create runoff across the property lines
or onto any paved surface; and
(8) is distributed by a surface or subsurface system
that does not spray into the air.
(d) Each builder is encouraged to:
(1) install plumbing in new housing in a manner that
provides the capacity to collect graywater from all allowable
sources; and
(2) design and install a subsurface graywater system
around the foundation of new housing in a way that minimizes
foundation movement or cracking.
(e) [(b)] In this section, "graywater" means wastewater
from clothes-washing machines, showers, bathtubs, hand-washing
lavatories, and sinks that are not used for disposal of hazardous or
toxic ingredients. The term does not include wastewater:
(1) that has come in contact with toilet waste;
(2) from the washing of material, including diapers,
soiled with human excreta; or
(3) from sinks used for food preparation or disposal.
SECTION 3. Section 366.012(a), Health and Safety Code, is
amended to read as follows:
(a) To assure the effective and efficient administration of
this chapter, the commission shall:
(1) adopt rules governing the installation of on-site
sewage disposal systems, including rules concerning the:
(A) review and approval of on-site sewage
disposal systems; and
(B) temporary waiver of a permit for an emergency
repair; and
(2) adopt rules under this chapter that:
(A) encourage the use of economically feasible
alternative techniques and technologies for on-site sewage
disposal systems that can be used in soils not suitable for
conventional on-site sewage disposal; and
(B) address the separation of graywater, as
defined by Section 341.039, in a residence served by an on-site
sewage disposal system.
SECTION 4. Not later than June 1, 2004, the Texas Commission
on Environmental Quality by rule shall:
(1) adopt and implement minimum standards for the use
of graywater under Section 26.0311, Water Code, as amended by this
Act; and
(2) address the separation of graywater in a residence
served by an on-site sewage disposal system under Section
366.012(a), Health and Safety Code, as amended by this Act.
SECTION 5. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2661 was passed by the House on May 2,
2003, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2661 was passed by the Senate on May
28, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor