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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation and use of graywater and alternative |
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onsite water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 341.039, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 341.039. [GRAYWATER] STANDARDS FOR GRAYWATER AND |
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ALTERNATIVE ONSITE WATER. (a) The commission by rule shall adopt |
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and implement minimum standards for the indoor and outdoor use and |
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reuse of treated graywater and alternative onsite water for: |
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(1) irrigation and other agricultural purposes; |
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(2) domestic use, to the extent consistent with |
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Subsection (c); |
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(3) commercial purposes; and |
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(4) industrial purposes. |
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(a-1) The standards adopted by the commission under |
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Subsection (a)(2) must allow the use of graywater and alternative |
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onsite water for toilet and urinal flushing. |
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(b) The standards adopted by the commission under |
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Subsection (a) must assure that the use of graywater or alternative |
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onsite water is not a nuisance and does not threaten human health or |
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damage the quality of surface water and groundwater in this state. |
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(b-1) The commission by rule may adopt and implement rules |
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providing for the inspection and annual testing of a graywater or |
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alternative onsite water system by the commission. |
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(b-2) The commission shall develop and make available to the |
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public a regulatory guidance manual to explain the rules adopted |
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under this section. |
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(c) The commission may not require a permit for the domestic |
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use of less than 400 gallons of graywater or alternative onsite |
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water each day if the water [graywater]: |
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(1) originates from a private residence; |
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(2) is used by the occupants of that residence for |
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gardening, composting, [or] landscaping, or indoor use as allowed |
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by rule, including toilet or urinal flushing, at the residence; |
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(3) is collected using a system that may be diverted |
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[overflows] into a sewage collection or on-site wastewater |
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treatment and disposal system; |
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(4) is, if required by rule, stored in surge tanks |
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that: |
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(A) are clearly labeled as nonpotable water; |
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(B) restrict access, especially to children; and |
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(C) eliminate habitat for mosquitoes and other |
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vectors; |
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(5) uses piping clearly identified as a nonpotable |
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water conduit, including identification through the use of purple |
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pipe, purple tape, or similar markings; |
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(6) is generated without the formation of ponds or |
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pools of graywater or alternative onsite water; |
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(7) does not create runoff across the property lines |
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or onto any paved surface; and |
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(8) is distributed by a surface or subsurface system |
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that does not spray into the air. |
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(d) Each builder is encouraged to: |
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(1) install plumbing in new housing in a manner that |
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provides the capacity to collect graywater or alternative onsite |
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water from all allowable sources; and |
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(2) design and install a subsurface graywater or |
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alternative onsite water system around the foundation of new |
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housing in a way that minimizes foundation movement or cracking. |
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(e) In this section: |
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(1) "Alternative onsite water" means rainwater, |
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air-conditioner condensate, foundation drain water, storm water, |
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cooling tower blowdown, swimming pool backwash and drain water, |
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reverse osmosis reject water, or any other source of water |
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considered appropriate by the commission. |
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(2) "Graywater" [, "graywater"] means wastewater from |
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clothes-washing machines, showers, bathtubs, hand-washing |
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lavatories, and sinks that are not used for disposal of hazardous or |
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toxic ingredients. The term does not include wastewater: |
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(A) [(1)] that has come in contact with toilet |
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waste; |
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(B) [(2)] from the washing of material, |
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including diapers, soiled with human excreta; or |
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(C) [(3)] from sinks used for food preparation or |
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disposal. |
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SECTION 2. Section 26.0311, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (b-1) to read as |
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follows: |
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(a) In this section, "graywater" has the meaning provided by |
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Section 341.039, Health and Safety Code [means wastewater from
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clothes washing machines, showers, bathtubs, handwashing
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lavatories, and sinks that are not used for disposal of hazardous or
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toxic ingredients.
The term does not include wastewater:
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[(1) that has come in contact with toilet waste;
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[(2)
from the washing of material, including diapers,
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soiled with human excreta; or
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[(3)
from sinks used for food preparation or
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disposal]. |
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(b-1) The standards adopted by the commission under |
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Subsection (b)(2) must allow the use of graywater for toilet and |
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urinal flushing. |
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SECTION 3. The Texas Commission on Environmental Quality |
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shall adopt the standards required by Section 341.039, Health and |
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Safety Code, as amended by this Act, and Section 26.0311, Water |
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Code, as amended by this Act, not later than January 1, 2017. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |