BILL NUMBER: AB 1834 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Member Solorio
( Coauthor: Assembly Member
Huffman )
(Coauthor: Senator Pavley)
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.
(1) Under existing law, the State Water Resources Control Board
(state 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 board to
initiate a stakeholder process to develop recommendations for
policies for state and local agencies to encourage and facilitate the
voluntary 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 state board to publish
those recommendations on its Internet Web site by December 31, 2011.
The bill would require the state 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 a public agency to lead
a statewide stakeholder process to consider and address issues
arising out of expansion of rainwater and stormwater capture. The
bill would require participants in the stakeholder process to be
responsible for costs incurred as a result of their participation and
would require the initiating public agency to be responsible for
specified costs .
The bill would authorize the state board to adopt policies or
guidelines related to voluntary rainwater and stormwater capture if
the state 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 used
for 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.
used for landscape irrigation.
(c) (1) Work performed in connection with a landscape project
specified in paragraph (2), (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) (C-27) classification , 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 General
Building contractor, the work shall be performed by a
specialty Specialty contractor holding the
appropriate license classification or by a general building
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) (C-27) classification , 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.
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 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,
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 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 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.
10571.5. Nothing in this part shall be construed to do either of
the following:
(a) Alter or impair any existing rights.
(b) Change existing water rights law.
10572. Solely for the purposes of this part, and unless the
context otherwise requires, the following definitions govern the
construction of this part:
(a) "Agricultural lands" has the same meaning as defined pursuant
to Section 56016 of the Government Code.
(b) "Developed or developing lands" means lands that have one or
more of the characteristics described in subparagraphs (A) to (C),
inclusive, of paragraph (4) of subdivision (b) of Section 56375.3 of
the Government Code.
(c) "Rainwater" means rain or snowmelt that has not entered an
offsite storm drain system or channel, a flood control channel, or
any other stream channel, and has not previously been put to
beneficial use.
(d) "Rainwater capture system" means a facility on developed or
developing lands, but not on agricultural lands, 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.
(e) "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 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) It is the intent of the Legislature that the use of
rainwater for nonpotable uses should not be constrained by drinking
water standards in Title 22 of the California Code of Regulations,
but shall fully comply with water quality requirements for nonpotable
water pursuant to the Porter-Cologne Water Quality Control Act
(Division 7 (commencing with Section 13000)).
(b) Notwithstanding subdivision (a), this part does not affect any
additional state, regional, or local 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 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 Legislature finds and declares that, in order
to expand rainwater and stormwater capture broadly, many legal,
policy, and technical issues will need to be addressed and resolved,
and the best way to address these issues is to develop
recommendations for policies of state and local agencies that would
encourage and facilitate the voluntary 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 develop the recommendations through a
stakeholder process. The board shall invite A public
agency, including, but not limite d to, the Metropolitan
Water District of Southern California or the California State
University Water Resource and Policy Initiative, may lead a statewide
stakeholder process to consider and address the issues arising out
of the expansion of rainwater and stormwater capture. If a
stakeholder process is initiated, the initiating public agency 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
shall appoint a chairperson to oversee the stakeholder process. The
Director of Water Resources shall appoint a cochair to cofacilitate
the stakeholder process. The board shall retain responsibility for
the final recommendations developed through the process.
(c) In developing
the recommendations, the board and the stakeholders shall address
issues arising out of rainwater capture for nonpotable uses,
including, but not limited to, all of the following:
participate.
(c) A stakeholder process initiated pursuant to this section may
consider all of the following issues:
(1) Vector control.
(2) Water supply augmentation.
(3) Water quality, including but not limited to both of the
following:
(A) First rain contamination hazards.
(B) Potential changes in the concentration, quantity, or abundance
of runoff pollution from increased rainwater collection.
(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) Effects on downstream, in-stream flow volumes and native fish
and wildlife.
(8) 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).
(9) Potential for indoor, nonpotable use of captured rainwater for
toilets and laundry.
(10) Financial and tax incentives to encourage greater capture of
rainwater and stormwater.
(11) Necessary monitoring and reporting of rainwater and
stormwater capture programs.
(12) 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, and shall
notify the fiscal committees and the appropriate policy committees
of the Legislature when these recommendations become available on the
Internet Web site. 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 capture 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
voluntary rainwater and stormwater capture, if the board finds that
those policies or guidelines would encourage and facilitate greater
capture of rainwater and stormwater while protecting public and
environmental health.
(13) The financial feasibility of each of the recommendations.
(d) Participants in the stakeholder process shall be responsible
for costs incurred as a result of their participation. The public
agency that initiates the stakeholder process shall be responsible
for the costs of the meetings and the preparation of any report on
the conclusions or recommendations of the stakeholder group.
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