Move to repeal gray-water rule is postponed after criticism

They say the gray-water systems are significantly costlier than once thought, and that no homebuyers have taken advantage of the systems.

David Godlewski, president of the Southern Arizona Home Builders Association, said Tuesday that he can't say for certain, without talking to individual builders, that home prices would drop with repeal.

But he added, "Ultimately in today's market, every dollar that can be saved in a government requirement will be to the benefit of homebuyers."

Some City Council members, along with environmentalists, are resisting the proposal, saying the gray-water requirement is critical to prepare Tucson for future droughts. They also don't like how city staff members have pushed the repeal proposal, by not including in their advance work the array of interest groups that shaped the 2008 law.

The repeal had been slated to come up today at a City Council study session as part of a broader package of amendments to other construction-related codes. City Councilman Paul Cunningham objected to repeal and got discussion delayed to Dec. 4.

Cunningham blasted the proposal as shortsighted and done with inadequate public discussion. Unlike the gray-water proposal in 2008, this one was not brought to the council separately. The original law passed after months of discussions by a 14-member committee representing the Audubon Society, SAHBA, a commercial developer, plumbers, Habitat for Humanity, the American Institute of Architects, the Sierra Club, the Arizona Builders Alliance and the Sonoran Institute.

By contrast, the repeal proposal came from a seven-member committee consisting largely of construction-related representatives: a homebuilder, an architect, an engineer, and a mechanical contractor, among others.

"Water conservation is a key element in Tucson's survival. To slip this in … is civic irresponsibility of ludicrous proportions. I will not support any code change that removes the gray-water program," Cunningham said.

The city's Development Services director, Ernie Duarte, didn't return calls seeking comment about the issue or how staffers handled it.

The Tucson-Pima County Joint Code Committee voted unanimously last summer to recommend repeal. The committee did it in open meetings with public comment invited and encouraged, a committee member said.

"It's very costly and right now we're not aware of any city permit that has been issued for a homeowner to put in a gray-water system," said Ken Cawthorne, a mechanical engineer on the building code committee. "There's a considerable amount of maintenance involved. Plus, I'd prefer we have additional water in our system to flush the solids through from the toilets - if we pipe the gray water separately, I'm afraid we will have more frequent clogs in our houses."

City Councilman Steve Kozachik supports repeal, having been told by homebuilders that on small, inner-city lots, the gray water equipment can undercut foundations. "If no one is using the gray-water plumbing, we should do what we can to help the housing industry," Kozachik added.

As the ordinance now stands, builders of new homes must install two indoor plumbing systems: one to pipe "black water" from toilets, dishwashers and kitchen sinks into the sewer system, and another to pipe gray water from bathroom sinks, showers and bathtubs to the outdoors. From there, it's up to homeowners to install additional piping, a pump, and storage tanks, so they can put the gray water on their lawns, trees and shrubs. In addition, if a home's washing machine has an exterior wall, a homebuilder must install a pipe to take its gray water to outdoor plants.

When the ordinance passed, authorities estimated it would cost homebuilders about $500 a home to comply.

SAHBA's Godlewski, however, said that for a single-story home today's cost is about $600 to $800, and for a two-story home the system costs builders $800 to $1,000.

So far, city building officials say that no buyers of about 800 new homes that received permits since the law took effect in June 2010 have come in for separate permits needed to install gray water plumbing.

Godlewski said he doesn't think homebuyers will hop on board once the housing market recovers, either: "It's not like there has been half or a quarter or even 10 percent of homes that have used it."

But the lack of homebuyers using the gray-water systems today isn't the point -this rule is for the future, countered Tucson Audubon Society director Paul Green, who sat on the 2008 committee.

"When Central Arizona Project water becomes scarce, and we're not going to have water to put on our landscapes," is when gray water will be needed, Green said. "How crazy is it to pump water 350 miles uphill from the Colorado River to put it onto your landscape?"

Contact reporter Tony Davis at tdavis@azstarnet.com or 806-7746.