BILL ANALYSIS Ó AB 1750 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1750 (Solorio) As Amended August 24, 2012 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |73-0 |(May 7, 2012) |SENATE: |38-0 |(August 28, | | | | | | |2012) | ----------------------------------------------------------------- Original Committee Reference: B.,P. & C.P. SUMMARY : Authorizes licensed landscape contractors (LCs) to construct a rainwater capture system (RCS), as specified. The Senate amendments : 1)Specify that a LC is authorized to construct a RCS as a water supply for a fountain, pond, or similar decorative water feature in a landscaping project, in addition for use in landscape irrigation. 2)Redefine "rainwater capture system" to mean a facility designed to capture, retain, and store rainwater flowing off a building rooftop for subsequent onsite use. 3)Redefine "rain barrel system" (RBS) to mean a type of RCS that does not use electricity or a water pump and is not connected to or reliant on a potable water system. 4)Delete language authorizing a residential, commercial, or governmental landowner to install, maintain, and operate specified RCSs and RBSs. 5)Delete language allowing a city, county, or city and county to authorize the conveyance of rainwater captured by a RCS off of a landowner's property for use on a different landowner's property under specified conditions. 6)Specify that rainwater collected from rooftops do not require a water rights permit pursuant to provisions of the Water Code provisions relating to the appropriation of public water. 7)Make technical and clarifying changes. AB 1750 Page 2 AS PASSED BY THE ASSEMBLY , this bill authorized LCs to construct a RCS, as specified. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : The Contractors State License Board licenses and regulates contractors and specialty contractors, including LCs, who construct, maintain, repair, install or subcontract the development of landscape systems and facilities for public and private gardens and other areas which are designed to aesthetically, architecturally, horticulturally, or functionally improve the grounds within or surrounding a structure. A LC, in several instances, may serve as a prime contractor for the construction of a swimming pool, spa, hot tub, outdoor cooking center, or outdoor fireplace if the improvements fall within the LC's improvements and the work is appropriately subcontracted to a licensed specialty contractor. This bill authorizes a licensed LC to enter into a prime contract to construct a RCS for landscape irrigation and decorative water features, and to design and install all exterior components of a RCS as defined in this bill, unless the LC holds additional specialty contractor licenses or a General Building contractor performs the work. This bill contains similar provisions from its previous version, AB 275 (Solorio) of 2011, which would have established the Rainwater Capture Act of 2011 and authorized LCs to construct a RCS, as specified. This bill was amended in the Senate to narrow the bill to authorize a LC to construct a RCS for a specified landscaping project or landscape irrigation and make legislative findings and declarations. In addition, the Senate amendments specify that rainwater collected from rooftops do not require a water rights permit. This bill, as amended in the Senate, is consistent with Assembly actions. Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916) 319-3301 FN: AB 1750 Page 3 0005713