BILL NUMBER: AB 1750	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 28, 2012
	PASSED THE ASSEMBLY  AUGUST 29, 2012
	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN SENATE  AUGUST 7, 2012
	AMENDED IN SENATE  JUNE 19, 2012
	AMENDED IN SENATE  JUNE 6, 2012
	AMENDED IN ASSEMBLY  APRIL 30, 2012
	AMENDED IN ASSEMBLY  APRIL 16, 2012

INTRODUCED BY   Assembly Member Solorio
   (Principal coauthor: Assembly Member Gatto)
   (Coauthors: Assembly Members Blumenfield, Butler, Ma, Williams,
and Yamada)
   (Coauthors: Senators Evans and Pavley)

                        FEBRUARY 17, 2012

   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 1750, Solorio. Rainwater Capture Act of 2012.
   (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. Under existing law, the state board
administers a water rights program pursuant to which the state board
grants permits and licenses to appropriate water, upon an application
to appropriate water.
   This bill would enact the Rainwater Capture Act of 2012, which
would provide that use of rainwater collected from rooftops does not
require a water right permit from the state board.
   (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 used exclusively for landscape
irrigation or as a water supply for a fountain, pond, or similar
decorative water feature in a landscaping project. 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.


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 10573 of the
Water Code, used exclusively for landscape irrigation or as a water
supply for a fountain, pond, or similar decorative water feature in a
landscaping project.
   (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 (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 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 (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 10573 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.
   (e) Nothing in this section authorizes a landscape contractor to
engage in or perform activities that require a license pursuant to
the Professional Engineers Act (Chapter 7 (commencing with Section
6700)).
  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 2012


   10570.  This part shall be known, and may be cited, as the
Rainwater Capture Act of 2012.
   10571.  The Legislature finds and declares all of the following:
   (a) As California has grown and developed, the amount of
stormwater flowing off buildings, parking lots, roads, and other
impervious surfaces into surface water streams, flood channels, and
storm sewers has increased, thereby reducing the volume of water
allowed to infiltrate into groundwater aquifers and increasing water
and pollution flowing to the ocean and other surface waters. At the
same time, recurring droughts and water shortages in California have
made local water supply augmentation and 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,
runoff resulting from snowmelt is 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 and stormwater, captured and properly managed, can
contribute significantly to local water supplies by infiltrating and
recharging groundwater aquifers, thereby increasing available
supplies of drinking water. In addition, the onsite capture, storage,
and use of rainwater for nonpotable uses significantly reduces
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 opportunities for rainwater capture to augment water
supply will require efforts at all levels, from individual
landowners to state and local agencies and watershed managers.
   10572.  Nothing in this part shall be construed to do any of the
following:
   (a) Alter or impair any existing rights.
   (b) Change existing water rights law.
   (c) Authorize a landscape contractor to engage in or perform
activities that require a license pursuant to the Professional
Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3
of the Business and Professions Code).
   (d) Impair the authority of the California Building Standards
Commission to adopt and implement building standards for rainwater
capture systems pursuant to existing law.
   (e) Affect use of rainwater on agricultural lands.
   (f) Impair the authority of a water supplier pursuant to
Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California
Code of Regulations.
   10573.  Solely for the purposes of this part, and unless the
context otherwise requires, the following definitions govern the
construction of this part:
   (a) "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.
   (b) "Rain barrel system" is a type of rainwater capture system
that does not use electricity or a water pump and is not connected to
or reliant on a potable water system.
   (c) "Rainwater" means precipitation on any public or private
parcel 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 designed to
capture, retain, and store rainwater flowing off a building rooftop
for subsequent onsite use.
   (e) "Stormwater" means temporary surface water runoff and drainage
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.
   10574.  Use of rainwater collected from rooftops does not require
a water right permit pursuant to Section 1201.