BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1750
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1750 (Solorio)
          As Amended  August 24, 2012
          Majority vote
           
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          |ASSEMBLY:  |73-0 |(May 7, 2012)   |SENATE: |38-0 |(August 28,    |
          |           |     |                |        |     |2012)          |
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           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: 








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