84R7235 JAM-D

By: Howard H.B. No. 1902

A BILL TO BE ENTITLED

AN ACT

relating to the regulation and use of graywater.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 341.039, Health and Safety Code, is amended by amending Subsections (c) and (e) and adding Subsection (c-1) to read as follows:

(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 at [by the occupants of] that residence for gardening, composting, [or] landscaping, or other uses authorized by the commission under Subsection (c-1) [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.

(c-1) The commission by rule may adopt and implement minimum standards for additional domestic uses and reuses of graywater. Rules adopted under this section:

(1) must prevent contamination of the potable water supply and protect human health;

(2) may require the use of a backflow prevention device; and

(3) may provide for the inspection and annual testing of a backflow prevention device by the commission.

(e) In this section, "graywater":

(1) means:

(A) wastewater from clothes-washing machines, showers, bathtubs, hand-washing lavatories, and sinks that are not used for disposal of hazardous or toxic ingredients;

(B) air-conditioner condensate, foundation drain water, storm water, cooling tower blowdown, swimming pool backwash and drain water, and reverse osmosis reject water; and

(C) any other source deemed appropriate by the commission; and

(2) [. The term] does not include wastewater:

(A) [(1)] that has come in contact with toilet waste;

(B) [(2)] from the washing of material, including diapers, soiled with human excreta; or

(C) [(3)] from sinks used for food preparation or disposal, unless the wastewater has been treated in accordance with standards set by the commission.

SECTION 2. Section 26.0311(a), Water Code, is amended to read as follows:

(a) In this section, "graywater" has the meaning provided by Section 341.039, Health and Safety Code [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.]

SECTION 3. This Act takes effect September 1, 2015.