BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1834|
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THIRD READING
Bill No: AB 1834
Author: Solorio (D), et al
Amended: 8/17/10 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 6-1, 6/22/10
AYES: Pavley, Huff, Lowenthal, Padilla, Simitian, Wolk
NOES: Hollingsworth
NO VOTE RECORDED: Cogdill, Kehoe
SENATE ENV. QUALITY COMMITTEE : 7-0, 6/28/10
AYES: Simitian, Runner, Corbett, Hancock, Lowenthal,
Pavley, Strickland
SENATE APPROPRIATIONS COMMITTEE : 9-2, 8/12/10
AYES: Kehoe, Ashburn, Alquist, Corbett, Emmerson, Leno,
Price, Wolk, Yee
NOES: Walters, Wyland
ASSEMBLY FLOOR : 74-0, 6/2/10 - See last page for vote
SUBJECT : Rainwater Capture Act of 2010
SOURCE : Author
DIGEST : This bill allows a landowner to install a
rainwater recapture system to irrigate landscaping or
recharge groundwater, and establishes the Rainwater Capture
Act of 2010.
CONTINUED
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ANALYSIS : Existing law:
1.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.
2.Requires the state to achieve a 20 percent reduction in
per capita water use by 2020.
This bill:
1.Establishes the Rainwater Capture Act of 2010 recognizing
rainwater flowing off of buildings, parking lots, roads
and other impervious surfaces could contribute to local
water supplies and reduce water and pollution flowing to
the ocean.
2.Allows a landowner 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.
3.Requires a landowner to comply with a local agency's
program to promote rainwater or stormwater capture, if
such a program exists, but does not impose a duty, or
impair the authority of a local agency to establish or
implement a rainwater capture program.
4.Allows a property owner to finance a rainwater recapture
system through a voluntary contractual assessment on
their own property.
5.Specifies that nothing in this bill shall be construed to
alter or impair any existing rights, or change existing
water rights law.
6.States 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.
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7.Specifies this bill does not affect any additional state,
regional, or local requirements for the protection of
groundwater quality from contamination resulting from
stormwater drainage.
8.Encourages collaboration to promote the greater capture
of rainwater and stormwater for water supply purposes
among state, regional and local agencies with
responsibilities for building standards, flood
protection, water supply, land use, and other
requirements.
9.Allows a public agency to lead a statewide stakeholder
process to consider and address the issues arising out of
the expansion of rainwater and stormwater capture. If
the process is initiated, this bill requires the
initiating public agency invite all stakeholders, and
federal, state, and local agencies concerned about
rainwater and stormwater capture to participate, and
specifies issues the stakeholders may consider.
10. Specifies the circumstances under which a licensed
landscape contractor may install a rainwater capture
system and, in general, the process for integrating
standards which promote rainwater recapture into the
building code, including the Green Building Standards
Code.
Comments
SB 7 (Steinberg), Chapter 4, Statutes of 2009-10, Seventh
Extraordinary Session, requires the state to achieve a 20
percent reduction in urban per capita water use by 2020.
Capturing and saving rainwater or directing it to
groundwater recharge could help bolster local water
supplies and contribute to such water conservation efforts.
In addition, capturing stormwater could circumvent some of
the problems associated with rainwater running off of
impervious surfaces such as parking lots, streets, and
sidewalks where it picks up oil, chemicals, sediment,
bacteria and other pollutants in its journey to the local
waterway.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11
2011-12 2012-13 Fund
Water Board costs for $50 General
stakeholder process
Dept. of Water Resources $50 General
consultation
Dept. of Housing and $75 $75 General
Community Development
building standard adoption
Building Standards Commission $40General
building standard adoption
SUPPORT : (unable to verify at time of writing)
American Federation of State, County and Municipal
Employees
California Landscape Contractors Association
TreePeople
ARGUMENTS IN SUPPORT : Supporters, including the American
Federation of State, Municipal and Federal Employees 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.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford,
Brownley, Caballero, Carter, Chesbro, Conway, Cook, Coto,
Davis, De La Torre, De Leon, DeVore, Emmerson, Eng,
Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani,
Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, Norby,
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V. Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Silva, Skinner, Smyth, Solorio, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, John A. Perez
NO VOTE RECORDED: Tom Berryhill, Buchanan, Charles
Calderon, Lieu, Audra Strickland
JA:nl 8/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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