BILL NUMBER: AB 1834 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Member Solorio
FEBRUARY 12, 2010
An act to amend Section 7027.5 of the Business and
Professions Code, and to add Part 2.4 (commencing with Section
10570) to Division 6 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 1834, as amended, Solorio. Rainwater Capture Act of 2010.
Under
(1) Under existing law, the State
Water Resources Control Board and the California regional water
quality control boards prescribe waste discharge requirements for the
discharge of stormwater in accordance with the national pollutant
discharge elimination system (NPDES) permit program and the
Porter-Cologne Water Quality Control Act. Existing law authorizes a
regional water management group, as defined, to adopt an integrated
regional water management plan that addresses specified matters.
Existing law authorizes a city, county, or special district to
develop, jointly or individually, stormwater resource plans that meet
certain standards.
This bill would enact the Rainwater Capture Act of 2010, which
would authorize a landowner to install, maintain, and operate, on the
landowner's property, a rainwater capture system meeting specified
requirements. The bill would require the State Water Resources
Control Board to initiate a stakeholder process to develop
guidelines recommendations for policies for
state and local agencies to address issues arising
out of encourage and facilitate the installation and
use of rainwater capture systems, as defined, for
specified nonpotable uses, and capture of stormwater
by public agencies. The bill would require the board to
submit recommendations as to the appropriate guidelines to
the Legislature and the Governor publish those
recommendations on its Internet Web site by December 31, 2011.
The bill would require the board, if the stakeholder process
results in recommendations for building standards, to submit those
recommendations to the California Building Standards Commission and
the Department of Housing and Community Development by December 31,
2011, and would require the commission and the department to
consider the recommendations for building standards for adoption
in a specified update of the California Building Standards Code by
July 1, 2013.
The bill would authorize the board to adopt policies or guidelines
related to rainwater and stormwater capture if the board makes a
specified finding.
(2) Existing law, the Contractors' State License Law, creates the
Contractors' State License Board within the Department of Consumer
Affairs and provides for the licensing and regulation of contractors.
Existing law authorizes a landscape contractor working within the
classification of his or her license to enter into a prime contract
for the construction of a swimming pool, spa, or hot tub, an outdoor
cooking center, or an outdoor fireplace, if certain conditions are
met. Under existing law, a violation of these provisions and related
provisions of existing law is grounds for disciplinary action.
This bill would additionally authorize a landscape contractor
working within the classification of his or her license to enter into
a prime contract for the construction of a rainwater capture system,
as defined, if the system is part of a landscape irrigation system
that the contractor is supervising. The bill would authorize a
landscape contractor holding a specified classification to design and
install all exterior components of a rainwater capture system that
are not a part of, or attached to, a structure.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7027.5 of the
Business and Professions Code is amended to read:
7027.5. (a) A landscape contractor working within the
classification for which the license is issued may design systems or
facilities for work to be performed and supervised by that
contractor.
(b) Notwithstanding any other provision of this chapter, a
landscape contractor working within the classification for which the
license is issued may enter into a prime contract for the
construction of any of the following:
(1) A swimming pool, spa, or hot tub, provided that the
improvements are included within the landscape project that the
landscape contractor is supervising and the construction of any
swimming pool, spa, or hot tub is subcontracted to a single licensed
contractor holding a Swimming Pool (C-53) classification, as set
forth in Section 832.53 of Title 16 of the California Code of
Regulations, or performed by the landscape contractor if the
landscape contractor also holds a Swimming Pool (C-53)
classification. The contractor constructing the swimming pool, spa,
or hot tub may subcontract with other appropriately licensed
contractors for the completion of individual components of the
construction.
(2) An outdoor cooking center, provided that the improvements are
included within a residential landscape project that the contractor
is supervising. For purposes of this subdivision, "outdoor cooking
center" means an unenclosed area within a landscape that is used for
the cooking or preparation of food or beverages.
(3) An outdoor fireplace, provided that it is included within a
residential landscape project that the contractor is supervising and
is not attached to a dwelling.
(4) A rainwater capture system, as defined in Section 10572 of the
Water Code, provided that the system is included within a landscape
irrigation system that the contractor is supervising.
(c) (1) Work performed in connection with a
residential landscape project specified in
paragraph (2) or , (3) , or (4)
of subdivision (b) that is outside of the field and scope of
activities authorized to be performed under the Landscape Contractor
classification (C-27), as set forth in Section 832.27 of Title 16 of
the California Code of Regulations, may only be performed by a
landscape contractor if the landscape contractor also either holds an
appropriate specialty license classification to perform the work or
is licensed as a general building contractor. If the landscape
contractor neither holds an appropriate specialty license
classification to perform the work nor is licensed as a general
building contractor, the work shall be performed by a specialty
contractor holding the appropriate license classification or by a
general building contractor performing work in accordance with the
requirements of subdivision (b) of Section 7057.
(2) Notwithstanding paragraph (1), a landscape contractor
performing work under the Landscape Contractor classification (C-27),
as set forth in Section 832.27 of Title 16 of the California Code of
Regulations, may design and install all exterior components of a
rainwater capture system, as defined in Section 10572 of the Water
Code, that are not a part of, or attached to, a structure.
(d) A violation of this section shall be cause for disciplinary
action.
SECTION 1. SEC. 2. Part 2.4
(commencing with Section 10570) is added to Division 6 of the Water
Code, to read:
PART 2.4. Rainwater Capture Act of 2010
10570. This part shall be known, and may be cited, as the
Rainwater Capture Act of 2010.
10571. The Legislature finds and declares all of the following:
(a) As California has grown and developed, the amount of
stormwater flowing off of buildings, parking lots, roads, and
other impervious surfaces into surface water streams and flood
channels has increased, thereby reducing water allowed to infiltrate
into groundwater aquifers and increasing water flowing to
the ocean. water and pollution flowing to the ocean.
At the same time, recurring droughts and water shortages
in California have made water conservation efforts a priority.
(b) Historical patterns of precipitation are predicted to
change and change, with two major implications for
water supply. First, an increasing amount of California's water
is predicted to fall not as snow in the mountains, but as rain in
other areas of the state. This will likely have a profound and
transforming effect on California's hydrologic cycle and much of that
water will no longer be captured by California's reservoirs, many of
which are located to capture snow melt.
snowmelt. Second, snowmelt, and runoff resulting from
snowmelt, are predicted to occur progressively earlier in the year,
and reservoirs operated for flood control purposes must release water
early in the season to protect against later storms, thereby
reducing the amount of early season snowmelt that can be stored.
(c) Rainwater, captured and properly managed, can contribute
significantly to local water supplies through onsite storage
and use, or by percolation into the ground to
recharge groundwater aquifers, thereby increasing available supplies
of drinking water. In addition, the use of rainwater through
onsite storage and use for landscape irrigation
significantly reduces the demand for potable water, contributing to
the statutory objective of a 20-percent reduction in urban per capita
water use in California by December 31, 2020.
(d) Expanding reliance on rainwater capture for water supply needs
will require efforts at all levels, from individual landowners to
state and local agencies and watershed managers.
10572. Unless the context otherwise requires, the following
definitions govern the construction of this part:
(a) "Rainwater" means rain or snow that has not entered an
off-site drainage system, stormwater facility, or other stream
channel, and has not previously been put to beneficial use.
(b) "Rainwater capture system" means a facility designed to
capture and retain rainwater for either subsequent outdoor
landscaping uses or infiltration into a groundwater aquifer on or
under the property where the rainwater was captured.
(c) "Stormwater" means temporary water flows generated by
immediately preceding storms that flow in natural or artificial
channels designed to divert excess water away from urban areas.
(a) "Rainwater" means rain or snowmelt that has not entered an
off-site storm drain system or channel, a flood control channel, or
any other stream channel, and has not previously been put to
beneficial use.
(b) "Rainwater capture system" means a facility designed to
capture and retain rainwater flowing off of a building, parking lot,
road, or any other manmade, impervious surface, for either subsequent
outdoor, nonpotable uses or infiltration into a groundwater aquifer.
(c) "Stormwater" means temporary surface water and snowmelt runoff
generated by immediately preceding storms. This definition shall be
interpreted consistent with the definition of "stormwater" in Section
122.26 of Title 40 of the Code of Federal Regulations, as that
section may be amended.
10573. (a) A landowner may install, maintain, and operate, on the
landowner's property, a rainwater capture system connected
to artificial, impervious surfaces that prevent natural groundwater
to supply water for outdoor, nonpotable uses on the
property where the rainwater was captured or for groundwater
recharge. If a local agency has a program to promote rainwater or
stormwater capture and use, the landowner shall comply with
applicable requirements of the program, including, but not limited
to, a stormwater resource plan adopted pursuant to Part 2.3
(commencing with Section 10560).
(b) Financing pursuant to Chapter 29 (commencing with Section
5898.10) of Part 3 of Division 7 of the Streets and Highways Code
shall be available to landowners who install a rainwater capture
system, if a local agency authorizes and arranges that financing
consistent with the requirements of that chapter.
(c) This section shall not be construed to impose a duty on, or
impair the authority of, a local agency to establish or implement a
program for rainwater capture in its jurisdiction.
10574. A state or local agency shall not impose requirements on
rainwater capture systems, or rainwater capture use, for landscaping
purposes that include water quality requirements that are the same as
those imposed for use as potable water.
10574. (a) It is the intent of the Legislature that the use of
rainwater for nonpotable uses should not be constrained by water
quality requirements for potable water use.
(b) Notwithstanding subdivision (a), this part does not affect any
requirements for the protection of groundwater quality from
contamination resulting from stormwater drainage.
10575. (a) It is the intent of the
Legislature to encourage collaboration among regional and
local agencies with responsibilities for state,
regional, and local agencies with responsibilities that include, but
are not limited to, building standards, flood protection, water
supply, or land use to promote greater capture of rainwater and
stormwater for water supply purposes.
(b) It is the intent of the Legislature that the California
Building Standards Code, including the California Green Building
Standards Code (Part 11 (commencing with Section 101) of Title 24 of
the California Code of Regulations), encourage and provide building
standards guidelines for the installation and use of rainwater
capture systems for outdoor, nonpotable uses and groundwater
recharge.
10576. (a) The board shall initiate a stakeholder process to
develop guidelines for local agencies to address issues arising out
of rainwater capture for nonpotable uses, including, but not limited
to, all of the following:
(1) Vector control.
(2) Water quality.
(3) Safe installation, maintenance, and operation of rainwater
capture systems.
(4) Water rights.
(5) Vegetation and habitat management in flood facilities and
rainwater capture systems.
(b) The board shall invite all stakeholders and agencies concerned
about rainwater and stormwater capture to participate in the process
described in subdivision (a). The board shall invite local,
regional, state, and federal agencies, including, but not limited to,
the Department of Water Resources and the United States Army Corps
of Engineers. The board may appoint a local agency or another state
agency to lead the stakeholder process if that agency can provide
funding for the process, but the board shall retain responsibility
for the outcome of the process.
(c) The board shall submit recommendations, arising out of the
stakeholder process described in subdivision (a), as to the
appropriate guidelines for rainwater capture for nonpotable uses, to
the Legislature and the Governor by December 31, 2011. These
recommendations may include recommendations for additional
legislation, including amendments to this part, or other state agency
actions to implement the guidelines.
(d) (1) The requirement for submitting a report imposed under
subdivision (c) is inoperative on January 1, 2015, pursuant to
Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (c) shall be
submitted in compliance with Section 9795 of the Government Code.
10576. (a) The board shall initiate a stakeholder process to
develop recommendations for policies of state and local agencies that
would encourage and facilitate the installation and use of rainwater
capture systems for outdoor, nonpotable uses and groundwater
recharge, and capture of stormwater by public agencies.
(b) The board shall invite all stakeholders, and federal, state,
and local agencies concerned about rainwater and stormwater capture
to participate in the process described in subdivision (a). The board
may appoint a local agency or another state agency to lead the
stakeholder process if that agency can provide funding for the
process, but the board shall retain responsibility for the final
recommendations developed through the process.
(c) In developing the recommendations, the stakeholder process
shall address issues arising out of rainwater capture for nonpotable
uses, including, but not limited to, all of the following:
(1) Vector control.
(2) Water supply augmentation.
(3) Water quality.
(4) Safe installation, maintenance, and operation of rainwater
capture systems.
(5) Water rights.
(6) Vegetation and habitat management in flood control facilities
and rainwater or stormwater capture systems.
(7) Consistency with building standards requirements, including
the building drainage requirements of Chapter 11 of the California
Plumbing Code (Part 5 (commencing with Section 101.0) of Title 24 of
the California Code of Regulations).
(8) Potential for indoor, nonpotable use of captured rainwater.
(9) Financial and tax incentives to encourage greater capture of
rainwater and stormwater.
(10) Necessary monitoring and reporting of rainwater and
stormwater capture programs.
(11) Outcomes of existing programs that promote rainwater or
stormwater capture.
(d) The board shall publish recommendations developed pursuant to
this section on its Internet Web site by December 31, 2011. These
recommendations may include recommendations for additional
legislation, including amendments to this part, recommendations for
building standards for the installation and use of rainwater capture
systems, or other state agency actions to implement the
recommendations.
(e) The stakeholder process, including the development of
recommendations, pursuant to this section, is not subject to the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
10577. (a) (1) If the stakeholder process pursuant to Section
10576 results in recommendations for building standards for the
installation and use of rainwater capture systems, the board, on or
before December 31, 2011, shall submit those recommendations to the
California Building Standards Commission and the Department of
Housing and Community Development for approval and adoption in the
California Green Building Standards Code (Part 11 (commencing with
Section 101) of Title 24 of the California Code of Regulations) or
the California Plumbing Code (Part 5 (commencing with Section 101.0)
of Title 24 of the California Code of Regulations).
(2) In developing recommendations for building standards for the
installation and use of rainwater capture systems pursuant to the
stakeholder process, the process shall include consideration, and
incorporation, if appropriate, of the rainwater catchment system
provisions contained in the 2010 Green Plumbing and Mechanical Code
Supplement published by the International Association of Plumbing and
Mechanical Officials and any other proposals that the stakeholders
deem appropriate.
(b) On or before July 1, 2013, the California Building Standards
Commission and the Department of Housing and Community Development
shall consider any building standards recommendations submitted in
accordance with subdivision (a) for adoption in an annual code update
to the California Green Building Standards Code (Part 11 (commencing
with Section 101) of Title 24 of the California Code of Regulations)
or the California Plumbing Code (Part 5 (commencing with Section
101.0) of Title 24 of the California Code of Regulations).
10578. In addition to policies developed pursuant to Section
10576, the board may adopt its own policies or guidelines related to
rainwater and stormwater capture, if the board finds that those
policies or guidelines would encourage and facilitate greater capture
of rainwater and stormwater.