BILL ANALYSIS
AB 1834
Page 1
Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1834 (Solorio) - As Amended: March 25, 2010
Policy Committee: Water, Parks and
Wildlife Vote: 13-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill allows landowners to install rainwater capture systems
on their property. Specifically, this bill:
1)Allows a landowner to install a rainwater capture system that
captures rainwater from an impervious surface on the
landowner's property.
2)Requires such a system to comply with a local rainwater or
stormwater capture program, should one exist.
3)Allows a property owner to finance a rainwater recapture
system through a voluntary contractual assessment on the
property.
4)Directs the State Water Resources Control Board (SWRCB) to
convene a stakeholder process to develop guidelines for local
agencies to address issues associated with rainwater capture
and to submit a report on the process to the Legislature by
December 31, 2011.
FISCAL EFFECT
One-time costs in 2010-11 to SWRCB, approximately $200,000-the
equivalent of two full-time positions-to convene stakeholders
and report to the Legislature (Waste Discharge Permit Fund).
COMMENTS
1)Rationale . The author contends capturing rainwater runoff for
later use for irrigation and other nonpotable uses will reduce
AB 1834
Page 2
pressure on California's drinking water supplies. In
addition, the author claims capturing rainwater runoff, much
of which is contaminated by motor oil, fertilizers, and other
pollutants, may help prevent those pollutants from entering
the state's water supplies.
2)Background .
a) Water Use Reduction Goals and Rainwater Capture .
Current law sets the goal of reducing the state's water
usage by 20% per person by 2020. Because as much as 50-70%
of a household's water use goes to landscape irrigation,
rainwater capture for irrigation uses may help the state to
achieve that goal.
Existing law does not prevent installation of rainwater
capture systems. Local ordinances, however, may, in
effect, restrict or prohibit the installation of rainwater
capture systems. For example, local ordinances may require
such systems to meet the same standards as potable water
systems. Or, they may restrict such systems in an effort
to control mosquitoes or other pests that breed in standing
water. In any case, these local ordinances prevent the
people of the state from making improvements to their
properties in order to minimize their use of potable water.
b) Private Assessments for Public Benefits . State law
allows property owners to enter into contractual agreements
to pay an assessment on their property in order to finance
permanently affixed energy and water efficiency
improvements. This is to encourage private actions that
provide public benefits.
3)Support . Supporters, including the American Federation of
State, Municipal and Federal Employees (AFSME) and the
California Landscape Contractors Association, contend this
bill will allow land owners to voluntarily improve their
property while furthering the publicly beneficial goal of
reducing water use.
4)Opposition . This bill is opposed by the California State Pipe
Trades, who argue rainwater recapture systems should be
consistent with building codes, including plumbing codes. In
addition, some opponents object to allowing homeowners to
install rainwater capture systems before SWRCB releases its
AB 1834
Page 3
guidelines on the topic, which are under development.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081