BILL ANALYSIS
AB 1834
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 1834
AUTHOR: Solorio
AMENDED: Proposed to be amended June 22, 2010 in SNRW
FISCAL: Yes HEARING DATE: June 28, 2010
URGENCY: No CONSULTANT: Amber Hartman
SUBJECT : RAINWATER CAPTURE ACT OF 2010
SUMMARY :
Existing law :
1) Under the Porter-Cologne Water Quality Control Act,
establishes the State Water Resources Control Board (SWRCB)
and regional water quality control boards (RWQCBs) in the
California Environmental Protection Agency, which must be
"the principal state agencies with primary responsibility
for the coordination and control of water quality" (Water
Code 13000 et seq.).
2) Under the Stormwater Resource Planning Act of 2009
(10560-10564):
a) Authorizes a city, county, or special district
(individually or jointly) to develop a stormwater
resource plan that meets certain requirements.
b) Provides that a stormwater resource plan must be
designed to augment local water supply through
groundwater recharge or storage for beneficial reuse of
stormwater; prioritize source control, onsite and local
infiltration, and reuse of stormwater; reestablish
natural water drainage treatment and infiltration
systems; and include requirements for new and upgraded
infrastructure and development to meet design criteria
and best management practices to prevent stormwater
pollution and increase effective stormwater management.
3) Under Article X, Section 2 of the California Constitution
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requires water to be put to a reasonable and beneficial
use.
This bill establishes the Rainwater Capture Act of 2010, that:
1) Defines "rainwater" as "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."
2) Authorizes a property owner to install, maintain, and
operate a rainwater capture system for outdoor nonpotable
water uses on the property where the rainwater was captured
or for groundwater recharge. The property owner would be
required to comply with a local agency's program to promote
rainwater or stormwater capture, if such a program exists.
The property owner would be authorized to finance a
rainwater recapture system through a voluntary contractual
assessment on their own property through the Improvement
Act of 1911.
3) Requires SWRCB to initiate a stakeholder process to develop
recommendations for policies 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.
The stakeholder process must address issues arising out of
rainwater capture for nonpotable uses, including:
a) Vector control.
b) Water supply augmentation.
c) Water quality.
d) Safe installation, maintenance, and operation of
rainwater capture systems.
e) Water rights.
f) Vegetation and habitat management in flood control
facilities and rainwater or stormwater capture systems.
g) Consistency with building standards requirements.
h) Potential for indoor, nonpotable use of captured
rainwater.
i) Financial and tax incentives to encourage greater
capture of rainwater and stormwater.
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j) Necessary monitoring and reporting of rainwater and
stormwater capture programs.
aa) Outcomes of existing programs that promote rainwater
or stormwater capture.
1) Requires SWRCB to publish its recommendations on its
Internet Web site by December 31, 2011. These
recommendations may include recommendations for additional
legislation, building standards for the installation and
use of rainwater capture systems, or other state agency
actions to implement the recommendations. If the
recommendations include recommended changes in building
standards, the SWRCB would be required to submit those
recommendations to the Building Standards Commission and
the Department of Housing and Community Development for
approval and adoption.
2) Authorizes SWRCB to develop its own policies or guidelines,
if SWRCB finds that those policies or guidelines would
encourage and facilitate greater capture of rainwater and
stormwater.
COMMENTS :
1) Purpose of Bill . According to the author, "California law
does not address the status of rainwater before it enters a
channel, as water rights are required only when taken from
a stream channel. Although some communities have started
rainwater harvesting/capture programs, state law is
ambiguous as to their authority. Most are on the coast, so
upstream interests have not objected to impairment of their
water rights. If rainwater and stormwater capture expands,
then many issues will arise - water rights, water quality,
plumbing code, vector control, and habitat management.
Administrative agencies do not have authority to change
statutes to address rainwater and stormwater water rights
issues, and this bill requires administrative agency action
to address any issues within the scope of their authority."
2) A new frontier . The capture and use of rainwater for
non-potable sources is new territory for state law and fits
well with the Governor's 2008 "20x2020" mandate to reduce
water usage 20% by the year 2020. The use of rainwater for
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non-potable sources does raise a host of unknowns as
suggested by the author's comments above, but it also
allows for innovative and direct use of water for key state
goals such as groundwater recharge and decreased usage of
potable water for non-potable purposes.
3) Dry weather runoff . During stakeholder discussions, the
related issue of how to properly handle and process dry
weather runoff was discussed. It was initially proposed
that the present bill include definitions for "dry weather
runoff" and "dry weather runoff capture systems". However,
it seems that the issues surrounding dry weather runoff
fall somewhat outside the scope of the current bill and
should be dealt with separately from rainwater capture,
although it ultimately may prove to be appropriate to
define these terms and concerns within or near this code
section.
4) As proposed to be amended in SNRW . This bill was
double-referred to the Senate Natural Resources & Water
(SNRW) Committee and was heard and passed (6-1) on June 22,
2010. Amendment 1 to 2 and 5 to 10 on page 4 of the SNRW
analysis were taken in committee and this bill is analyzed
based on those accepted amendments.
Amendments 3 and 4, which were not taken in SNRW, dealt
with the word "urbanized" and its associated definition.
The concern was that if the proposed definition of
"urbanized" was accepted, then it would not enable smaller
municipalities under 100,000 citizens to be able to install
and employ "rainwater capture systems".
In discussion with staff, it is has been recommended that
the words "in developed or developing lands but not in
agricultural lands" be inserted where the word "urbanized"
would have been under Amendment 3 in the SNRW analysis,
i.e., on page 5, line 38 after "facility". The words
"developed or developing lands" and "agricultural lands"
should be defined on page 6, between lines 7 and 8 pursuant
to Government Code 56375.3 and 56016, respectively.
5) Stakeholder concerns and amendments . In discussions with
stakeholders, concerns have arisen that the policies and
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recommendations developed by SWRCB could be perceived as a
mandate and thus potentially imply rainwater capture
systems must be installed in all new development. While no
language in the bill indicates either intent or explicit
mandate that all homes must install rainwater capture
systems, insertion of the word "voluntary" would serve to
make this absolutely clear.
An additional concern is that control of the stakeholder
process by SWRCB might overlook water use issues. SWRCB's
jurisdiction comprises water quality and water rights
issues, but not water use, which is the domain of the
Department of Water Resources (DWR). Rainwater issues
clearly affect a host of water jurisdictions including
water rights, quality, and use (as described in the
author's comments above). While it would be inappropriate
to completely cede the stakeholder process from SWRCB to
DWR, a proposed solution is to amend the bill to explicitly
state that DWR will participate in the stakeholder process.
Furthermore, the committee may wish to consider an
amendment that clarifies SWRCB will appoint a chairperson
from SWRCB to chair the stakeholder process and DWR will
appoint a vice-chairperson to assist in administering the
stakeholder proceedings.
6) Water quality amendments . To clarify that rainwater can be
used for non-potable purposes, and must meet water quality
requirements for non-potable uses, but does not need to
adhere to drinking water standards, the committee may
consider amending page 6, line 32, by inserting "outdoor"
after "for". Also, on page 6, line 32, after "by", strike
"water quality requirements for potable water use" and
replace with "drinking water standards in Title 22 of the
California Code of Regulations, but shall fully comply with
non-potable water requirements in the Porter-Cologne Water
Quality Control Act".
One page 6, line 34, after "any" the words "additional
state, regional, or local" should be added. On page 6,
line 34, after "quality", the words "for the purpose of
protecting protect public and environmental health" should
be inserted.
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7) Stakeholder process amendments . The committee may wish to
amend the list of topics the stakeholder process will
address to include more specific considerations for water
quality such as:
On page 8, line 22, after "quality" insert "(A)
First rain contamination hazards. (B) Potential
changes in the concentration, quantity, or abundance
of runoff pollution from increased rainwater
collection.
On page 8, at the end of line 26, insert a new
line, "Effects on downstream, in-stream flow volumes
and native fish and wildlife."
One page 8, line 32, after "rainwater" insert
"for toilets and laundry".
On page 10, line 3, after "stormwater" insert
"while protecting public and environmental health".
SOURCE : Assemblymember Solorio
SUPPORT : American Federation of State, County and
Municipal Employees, American Planning
Association California Chapter, California
Coastkeeper, Alliance, California Landscape
contractors Association, California State
Association of Counties, California State Pipe
Trades Council, Inland Empire Utilities Agency,
Natural Resources Defense Council, TreePeople
OPPOSITION : None on file