BILL ANALYSIS �
AB 275
Page 1
Date of Hearing: April 5, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 275 (Solorio) - As Amended: March 25, 2011
SUBJECT : Rainwater Capture Act of 2011.
SUMMARY : Authorizes licensed landscape contractors (LCs) to
construct a rainwater capture system (RCS), as specified.
Specifically, this bill :
1)Establishes the Rainwater Capture Act of 2011.
2)Authorizes a licensed LC to enter into a prime contract to
construct a RCS for landscape irrigation, and:
a) Requires any work outside the scope of a LC to be
performed by a contractor with the appropriate specialty
classification or by a General Building contractor; and,
b) Authorizes a LC to design and install all exterior
components of a RCS not part of, or attached to, a
structure.
3)Allows a residential, commercial, or governmental landowner to
install, maintain, and operate the following:
a) A rain barrel system for outdoor non-potable water use;
b) A RCS for outdoor non-potable water use or infiltration
into groundwater; and,
c) A RCS for indoor non-potable water use if all of the
following conditions are met:
i) The system includes supplemental infiltration, a
disinfection device as defined, or other process or
device that performs an equivalent function, as
determined by the local agency having jurisdiction;
ii) The system is equipped with a device to prevent
backflow from the RCS into the property's potable water
supply or into the public potable water distribution
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system that supplies potable water to the property, if
connected to receive water from a potable source; and,
iii) The local building authority issues a permit for the
system and inspects it prior to operation.
iv) The system complies with the specified requirements
in the 2010 Green Plumbing and Mechanical Code Supplement
published by International Association of Plumbing and
Mechanical Officials (IAPMO), unless the California
Building Standards Commissions (CBSC) adopts superseding
standards for RCSs for indoor non-potable use.
4)Requires a RCS that is a part of, or attached to, a structure
regulated by the California Building Standards Code (Code) to
be installed and used consistent with the Code, including
building drainage requirements.
5)Requires a landowner with a RCS to comply with any local
rainwater or stormwater capture programs.
6)Declares that nothing in this bill shall alter any existing
rights or water rights law, impede the establishment of local
rainwater capture programs, or require landowners to obtain a
permit to install a rain barrel system.
7)Authorizes the local public agency to require a permit or
authorization for proper disconnection and capping of a sewer
connection if the installation of a rain barrel system
requires disconnection of a downspout from the sewer system.
8)Requires a RCS installed pursuant to this bill to include a
method to prevent mosquito breeding, as specified.
9)Creates the following definitions for the purposes of this
bill:
a) "Developed or developing lands" means lands that have
any of the following characteristics: the availability of
public utility services, the presence of public
improvements, or the presence of physical improvements upon
the parcel or parcels within the area;
b) "Rainwater" means precipitation on any public or private
parcel that has not entered an offsite storm drain system
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or channel, a flood control channel, or any other stream
channel, and has not previously been put to beneficial use;
c) "Rain barrel system" is a type of RCS that does not use
electricity and is not connected to a pressurized water
distribution system for distribution of potable water;
d) "Rainwater capture system" means a facility designed to
capture, retain, and store rainwater flowing off of a
building, parking lot, or any other manmade, impervious
surface, for subsequent onsite use;
e) "Stormwater" means temporary surface water runoff and
drainage generated by immediately preceding storms; and,
f) "Stormwater capture system" means a facility that is
operated by a public agency and designed to capture and
retain stormwater flowing upon the public right-of-way, or
through a public stormwater management system or a public
stormwater drainage system, for subsequent use.
10)Makes legislative findings and declarations.
EXISTING LAW :
1)Provides for the licensing and regulation of contractors by
the Contractors State License Board (CSLB).
2)Authorizes a LC working within the classification of his or
her license to enter into a prime contract for the
construction of:
a) A swimming pool, spa, or hot tub if subcontracted to a
Swimming Pool contractor; or,
b) An outdoor cooking center or an outdoor fireplace, if
the improvements are included within a residential
landscape project that the LC is supervising.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
Purpose of this bill . According to the author's office, "This
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bill seeks to resolve ambiguities in the law that would help
expand the capture and use of rainwater for non-drinking
purposes. Capturing and using rainwater for non-potable purposes
would reduce the demand on the state's drinking water supply,
while minimizing the amount of polluted storm water reaching
California's beaches. This bill accomplishes this purpose by
resolving legal ambiguities to explicitly authorize installation
and operation of RCSs in California's developed communities."
Background . CSLB 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 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 for the scope of work required.
IAPMO is a national membership organization that produces the
Green Plumbing and Mechanical Supplement and adopts the Uniform
Plumbing Code, which has been designated as an American National
Standard. CBSC adopts the Uniform Plumbing Code into the
California Plumbing Code with amendments, additions, or
deletions to avoid conflicts with other regulations or statutes.
The California Plumbing Code is just one part of the California
Building Standards Code.
The code adoption cycle can be time consuming and take several
years. The rainwater catchment provisions contained in the 2010
Green Plumbing and Mechanical Supplement is in the process of
being adopted in the 2012 Uniform Plumbing Code, which will
later become part of the 2013 California Plumbing Code and the
California Building Standards Code. To account for these future
updates, recent author's amendments explicitly state that the
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specified residential RCSs must comply with the Code.
The author's office states that the intent of this bill is to
allow homeowners install, or hire a LC to install, RCSs to store
rainwater that has not yet collected urban pollutants for
non-potable purposes. The installation of RCSs promotes water
conservation and assist in stormwater management by reducing the
amount of water load that enters storm drains, thereby saving
consumers the cost of treating and transporting water before it
reaches the user.
This bill differs from its previous version, AB 1834 (Solorio)
of 2009, by excluding the financing component for RCSs for which
it was vetoed.
Support . According to the California Landscape Contractors
Association, "Customers increasingly demand installation of the
latest landscape irrigation technology and water-efficient
designs in new and renovated landscapes? Second, the
installation of commercial and residential RCSs for landscape
irrigation use creates opportunities for new work and 'green
job' creation in the landscaping industry?
"The LC may not design, construct, or modify components of a
RCS, such as a roof, downspouts, gutters, or pipes that are part
of, or attached to, a structure. These provisions mimic similar
provisions of existing law that allow LCs to act as prime
contractors for swimming pools and spas, outdoor kitchens, and
outdoor fireplaces. The ability of a LC to function as a prime
contractor permits a property owner to work with a single
individual who will take full responsibility for completing the
entire project. This approach frees the property owner of
having to find and schedule multiple contractors for individual
stages of the project."
According to the Orange County Coastkeeper, "The Rainwater
Capture Act of 2011 is revenue neutral and cost effective
legislation. It promotes smart conservation technology which
will lessen southern California's reliance on imported water
sources by authorizing the capture of water for outdoor use as
well as indoor, non-potable uses. These RCSs require no
electricity and allow citizens to make small contributions to
water conservation and collection. In addition, the bill could
have a number of economic benefits by potentially allowing
contractors to develop a niche market of designing and
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installing the exterior components of a RCS."
Opposition . According to the American Society of Civil
Engineers, AB 275 "would permit a C-27 specialty contractor to
design and install 'RCSs' which is so broadly defined by the
bill as to include everything from rain barrel systems which can
be bought at a local building supply store, to underground rain
water catchment systems of unlimited size. The public will be
ill served by a limitless authority for LCs to design what could
be large and complex systems without appropriate engineering of
these systems. �AB 275] does not recognize these RCSs as
'Auxiliary Water Supply' under Title 17 nor mandate the
installation of cross connection control in all installations in
which a water agency supplies water to the property."
Previous Legislation . AB 1834 (Solorio) of 2009, would have
allowed a landowner to install a rainwater recapture system to
irrigate landscaping or recharge groundwater. The Governor
vetoed AB 1834 with the following message: "I do not support
expanding the PACE Program to make it a financing option for
RCSs. Furthermore, as this bill's own legislative findings
suggest, further work needs to be done to explore relevant
legal, policy, and technical issues pertaining to rainwater and
storm water capture before state policymakers consider the
appropriateness of pursuing state-sanctioned creative financing
options aimed at making rainwater recapture systems more
affordable and accessible to property owners on a wide scale."
SB 310 (Ducheny), Chapter 577, Statutes of 2009, allowed local
government agencies that have permits for stormwater systems to
voluntarily create a watershed improvement plan to improve
stormwater management.
SB 790 (Pavley), Chapter 620, Statutes of 2009, authorized
grants for projects designed to implement or promote low-impact
development that contribute to the improvement of water quality
or reduce stormwater runoff and for projects designed to
implement specified stormwater management plans. SB 790 also
authorized a city, county, or special district to develop,
jointly or individually, stormwater management plans that meet
certain requirements.
Double-referred . This bill is double-referred to Assembly
Water, Parks and Wildlife Committee.
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REGISTERED SUPPORT / OPPOSITION :
Support
American Rainwater Catchment Systems Association
California Alliance for Consumer Protection
California Building Industry Association
California Coastkeeper Alliance
California Landscape Contractors Association
California State Pipe Trades Council
City of Santa Monica
East Bay Municipal Utility District
Family Winemakers of California
Inland Empire Utilities Agency
Natural Resources Defense Council
Orange County Coastkeeper
Orange County Water District
Pacific Water Quality Association
Planning and Conservation League
San Diego Coastkeeper
Santa Ana Watershed Project Authority
Sierra Club California
TreePeople
Water Quality Association
Numerous individuals
Opposition
American Society of Civil Engineers
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301