Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H922 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3157 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 922
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark J. Cusack
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to greywater recycling.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/16/2025 1 of 11
16	16	HOUSE DOCKET, NO. 3157 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 922
18	18	By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 922) of
19	19	Mark J. Cusack for legislation to establish plumbing code regulations that provide building
20	20	owners with guidelines for reusing greywater for toilet flushing and subsurface irrigation.
21	21	Environment and Natural Resources.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 280 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act relative to greywater recycling.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 142 of the General Laws, as so appearing in the 2022 Official
33	33	2Edition, is hereby amended by inserting after section 22 the following section:-
34	34	3 Section 23. Regulating single family greywater recycling systems and mandating
35	35	4greywater recycling in new multifamily construction projects in the commonwealth.
36	36	5 A. Definitions
37	37	6 In this section the following words shall have the following meanings unless the context
38	38	7clearly requires otherwise: 2 of 11
39	39	8 “Blackwater”, wastewater containing fecal matter and urine. It is also known as brown
40	40	9water, foul water, or sewage. It is distinct from greywater or sullage, the residues of washing
41	41	10processes. Blackwater should not be used in the home because of the high risk of contamination
42	42	11by bacteria, viruses and other pathogens.
43	43	12 “Greywater”, wastewater from showers, bathtubs, hand washing lavatories, sinks that are
44	44	13not used for disposal of hazardous or toxic ingredients, sinks that are not used for food
45	45	14preparation or disposal, and clothes-washing machines. Greywater does not include wastewater
46	46	15from the washing of material, including diapers, soiled with human excreta or wastewater that
47	47	16has come in contact with toilet waste.
48	48	17 “Greywater irrigation system”, an integrated system of components located on the
49	49	18property it serves, on or nearby property where it is legally allowed to be used, that conveys
50	50	19greywater from the building where it originates and provides irrigation of plants.
51	51	20 “On-site sewage system”, an integrated system of components located on or nearby the
52	52	21property it serves that conveys, stores, treats, and/or provides subsurface soil treatment and
53	53	22dispersal of sewage. It consists of a collection system, a treatment component or treatment
54	54	23sequence, and a soil dispersal component. An on-site sewage system also refers to a holding tank
55	55	24sewage system or other swage system that does not have a soil dispersal component.
56	56	25 “Public sewer system”, all facilities used in the collection, transmission, storage,
57	57	26treatment, or discharge of any waterborne waste, whether domestic in origin or a combination of
58	58	27domestic, commercial, or industrial wastewater. A public sewer system may also be called a
59	59	28sanitary sewer system. 3 of 11
60	60	29 “Single family residence”, one single-family house that is not used for commercial or
61	61	30other nonresidential purposes as defined by 780 CMR.
62	62	31 “Tier 1 greywater system”, a greywater recycling and irrigation system with a maximum
63	63	32design flow of 400 gallons per day, as documented by the local building official during the
64	64	33permitting phase, serving a single-family residence. A Tier 1 system serves a single-family
65	65	34residence connected to an approved public sewer system or on-site sewage system.
66	66	35 “Tier 2 greywater system”, a greywater recycling and irrigation system serving a
67	67	36residential or nonresidential building. A Tier 2 system only serves a building connected to an
68	68	37approved public sewer system or large on-site sewage system.
69	69	38 B. Purpose
70	70	39 1. The purpose of this section is to establish regulations that provide building owners
71	71	40with guidelines for simple, cost-effective options for reusing greywater for toilet flushing and
72	72	41subsurface irrigation.
73	73	42 2. This section is intended to encourage water conservation, and re-use in communities
74	74	43across the commonwealth, save money, increase the effective water supply, and protect public
75	75	44health and water quality.
76	76	45 C. Applicability
77	77	46 1. This section applies to multi-family buildings utilizing less than 3,000 gallons of water
78	78	47per day.
79	79	48 2. This section applies to the reuse of greywater inside buildings regulated by the
80	80	49Uniform State Plumbing Code. 4 of 11
81	81	50 3. Greywater reuse must comply with all applicable local ordinances and codes, and state
82	82	51statutes and regulations including, but not limited to, the Uniform State Plumbing Code.
83	83	52 4. The use of a greywater recycling and irrigation system does not serve as an alternative
84	84	53to the use of an approved on-site sewerage system or connection to an approved public sewer for
85	85	54greywater disposal at any building, including buildings using waterless toilets.
86	86	55 D. Administration
87	87	56 1. The local board of health for all cities and towns in the commonwealth shall implement
88	88	57this section under the authority of 248 CMR 10.24. In the event that a local board of health does
89	89	58not implement this section, the provisions of this section shall nonetheless apply to greywater
90	90	59reuse for toilet flushing and irrigation in that jurisdiction.
91	91	60 2. If a local board of health is unable to adjust its resources to implement and enforce this
92	92	61section in accordance with subsection (a) of this section, the provisions of section 23 shall
93	93	62continue to apply to greywater reuse for toilet flushing and irrigation in that jurisdiction.
94	94	63 3. The local board of health is authorized to establish fees for greywater recycling system
95	95	64permits under this section, and the local health officer is authorized to collect fees to implement
96	96	65this section.
97	97	66 4. Nothing in this section prohibits the adoption and enforcement of more stringent
98	98	67regulations by a local board of health.
99	99	68 E. General Requirements applicable to all Tiers
100	100	69 1. Construction of a greywater system, including storage and disposal systems, must
101	101	70comply with this chapter and any more stringent requirements of the State Code. 5 of 11
102	102	71 2. Greywater does not contain hazardous chemicals derived from activities such as
103	103	72cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from home photo
104	104	73labs or similar hobbyist or home occupational activities.
105	105	74 3. The design goal for a greywater recycling system is to store greywater for no longer
106	106	75than 24 hours.
107	107	76 4. This section will allow the reuse of kitchen sink water with approval from the local
108	108	77building official. It is required that kitchen sink water be applied subsoil or contained within a
109	109	78rat-proof outlet shield.
110	110	79 5. Municipalities may not further limit the use of greywater described in this section by
111	111	80rule or ordinance.
112	112	81 F. Tier 1 Greywater Systems allow private residential direct reuse of greywater for a flow
113	113	82of less than 400 gallons per day. This section shall not require a permit for applying less than 400
114	114	83gallons per day of private residential greywater originating from a residence for the residence s
115	115	84toilet flushing, household gardening, composting, or landscape irrigation if the following
116	116	85conditions are met:
117	117	86 i. The greywater originates from a single family dwelling;
118	118	87 ii. Human contact with greywater and soil irrigated by greywater is avoided;
119	119	88 iii. Greywater is applied in a manner that minimizes the potential for contact between
120	120	89greywater or soil irrigated with greywater and domestic pets;
121	121	90 iv. A constructed greywater distribution system provides for overflow and/or diversion
122	122	91into the sewer system or on-site wastewater treatment and disposal system; 6 of 11
123	123	92 G. Tier 1 Greywater Requirements. A greywater system may only be connected to the
124	124	93public sewer system or on-site sewage system if the following requirements are met:
125	125	94 i. The connection must be in the line between the house stub-out for the on-site
126	126	95wastewater treatment and disposal system and the on-site treatment tank.
127	127	96 ii. The greywater system is constructed so that if blockage, plugging, or backup of the
128	128	97system occurs, greywater can be directed in to the sewage collection system or onsite wastewater
129	129	98treatment and disposal system, as applicable except as provided for under 4, below. The
130	130	99greywater system may include a means of filtration to reduce plugging and extend system
131	131	100lifetime;
132	132	101 iii. The greywater distribution system shall be designed so that 100% of the greywater
133	133	102can be diverted to the sewer system or on-site wastewater treatment and disposal system during
134	134	103periods of non-use of the greywater system. For residential use an onsite wastewater treatment
135	135	104facility for blackwater treatment and disposal, the use of a greywater system does not change the
136	136	105design, capacity, or reserve area requirements for the onsite wastewater treatment facility at a
137	137	106residence, and ensures that the facility can handle the combined blackwater and greywater flow
138	138	107if the greywater system fails or is not fully used. The greywater system shall be designed with
139	139	108two valved zones, each of which can accommodate the full expected greywater volume.
140	140	109Providing the greywater system passes a flow test in each zone, the capacity of the on-site
141	141	110system may be reduced, or in the instance that an approved composting toilet system is present,
142	142	111eliminated;
143	143	112 iv. Greywater diverter valves shall be downstream from traps and vents in plumbing that
144	144	113leads to septic or sewer; 7 of 11
145	145	114 v. The greywater is stored in tanks per 248 CMR 10.03(b)
146	146	115 vi. and the tanks, are clearly labeled as nonpotable water; utilize biodegradable nontoxic
147	147	116dye to color the greywater to identify it in contrast to potable water; restrict access, especially to
148	148	117children; covered to eliminate habitat for mosquitoes and other pests; able to be cleaned; sited
149	149	118outside of a floodway; and meet the structural requirements of the 2004 American Water Works
150	150	119Association standards;
151	151	120 vii. The greywater system uses piping clearly identified as a nonpotable water conduit,
152	152	121including identification through the use of painted purple pipe, purple pipe or pipe taped with
153	153	122purple metallic tape;
154	154	123 viii. The greywater system is operated to maintain a minimum vertical separation
155	155	124distance of at least 5 feet from the point of greywater application to the top of the seasonally high
156	156	125groundwater table;
157	157	126 ix. Greywater applied by surface irrigation does not contain water used to wash diapers or
158	158	127similarly soiled or infectious garments unless the greywater is disinfected before irrigation;
159	159	128 x. Application of greywater is managed to minimize standing water on the surface and to
160	160	129ensure that the hydraulic capacity of the soil is not exceeded, for example by splitting the flow,
161	161	130moderate application rates, and generous mulching;
162	162	131 xi. The greywater is applied at a rate that will not result in ponding or pooling or will not
163	163	132cause runoff across the property lines outside of the site where it was generated or onto any
164	164	133paved surface; 8 of 11
165	165	134 xii. Surface application of greywater is not used for irrigation of food plants which have
166	166	135an edible portion that comes in direct contact with greywater;
167	167	136 xiii. Surface irrigation for greywater is only by flood or drip irrigation. Containment
168	168	137within horticultural basins or swales is encouraged for flood irrigation;
169	169	138 xiv. The greywater is not disposed of using a spray distribution system;
170	170	139 xv. the greywater is not discharged into a river corridor as defined by 302 CMR 3; and
171	171	140 xvi. the greywater use within cities or towns complies with all applicable local
172	172	141ordinances.
173	173	142 xvii. No reduction in the size of the on-site septic system will be allowed when using a
174	174	143greywater system.
175	175	144 xviii. Builders of single family dwellings are allowed by right to install plumbing in new
176	176	145housing to collect greywater from all allowable sources; and design and install a subsurface
177	177	146greywater system around the foundation of new housing to minimize foundation movement or
178	178	147cracking.
179	179	148 xix. Greywater shall only be used for flushing toilets; gardening inedible food plants;
180	180	149composting; or landscaping at a single family dwelling.
181	181	150 xx. The installer of the greywater system must advise the owner of basic operating and
182	182	151maintenance procedures including any effects on the on-site septic system. 9 of 11
183	183	152 xxi. Greywater use must not create a nuisance or damage the quality of surface water or
184	184	153groundwater. If greywater use creates a nuisance or damages the quality of surface water or
185	185	154groundwater, the permitting authority may take action to protect the surface or groundwater.
186	186	155 H. Tier 2 Greywater Systems are for greywater systems that process over 400 gallons but
187	187	156under 3,000 gallons of water per day. This category includes commercial, multifamily, and
188	188	157institutional systems. They follow the same requirements as Tier 1 above, with the additional
189	189	158requirement that Tier 2 Greywater Systems require a standard permit. The department of
190	190	159environmental protection in conjunction with the Department of Public Health and
191	191	160Massachusetts Plumbing Board of the commonwealth shall promulgate guidelines for Tier 2
192	192	161Greywater Systems.
193	193	162 I. Permits
194	194	163 Permits shall be issued by the local regulatory authority for a reasonable fee.
195	195	164 J. Enforcement
196	196	165 1. The local health officer shall enforce these rules and may initiate enforcement actions
197	197	166against the system owner or other person causing or responsible for the violation of these rules
198	198	167including system failure. Enforcement actions may include, but are not limited to, fines for each
199	199	168day the violation continues, requiring a person to stop work on any greywater system, or to divert
200	200	169the greywater to the approved public sewer system or on-site sewage system serving the
201	201	170building, until all permits, approvals, and registrations required by rule or statute are obtained. 10 of 11
202	202	171 2. Enforcement orders issued under this section shall be in writing and shall include the
203	203	172violation and the corrective action required, and the name, business address, and phone number
204	204	173of an appropriate staff person who may be contacted regarding the order.
205	205	174 3. Enforcement orders shall be personally served in the manner of service of a summons
206	206	175in a civil action or in a manner showing proof of receipt.
207	207	176 K. Waivers
208	208	177 The local health officer may grant a waiver from specific requirements of this section if
209	209	178the officer determines:
210	210	179 1.That the waiver requested is the minimum deviation from the specific requirements of
211	211	180this chapter that is necessary for the conditions; and
212	212	181 2.The alternative approach proposed by the person requesting the waiver is consistent
213	213	182with the requirements and intent of these rules.
214	214	183 L. Applicable Building Types
215	215	184 This section shall apply as a mandatory regulation to all new multifamily building
216	216	185construction projects, as defined in 780 CMR for one and two family units and multifamily units,
217	217	186and all significant multifamily addition or renovation projects over 10,000 square feet and as
218	218	187defined by the Massachusetts Building Code.
219	219	188 SECTION 2. Chapter 248 of the Code of Massachusetts Regulations Section 10.03 of the
220	220	189Uniform State Plumbing Code is hereby amended by replacing the definition of Gray-water. with
221	221	190the following: 11 of 11
222	222	191 A. Greywater is defined as wastewater from showers, bathtubs, hand washing lavatories,
223	223	192sinks that are not used for disposal of hazardous or toxic ingredients, sinks that are not used for
224	224	193food preparation or disposal, and clothes washing machines. Greywater does not include
225	225	194wastewater from the washing of material, including diapers, soiled with human excreta or
226	226	195wastewater that has come in contact with toilet waste.
227	227	196 SECTION 3. Section 1 shall take effect on January 1, 2026.