BILL ANALYSIS �
AB 275
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Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 275 (Solorio) - As Amended: March 25, 2011
SUBJECT : Rainwater capture
SUMMARY : Allows a landowner to install a rainwater recapture
system for outdoor nonpotable uses and indoor nonpotable uses if
that system meets specified conditions. Specifically, this
bill :
1)Establishes the Rainwater Capture Act of 2011 recognizing
rainwater captured from impervious surfaces could contribute
to local water supplies and decrease water pollution; however,
states that the Rainwater Capture Act shall not:
a) Alter or impair existing rights.
b) Change water rights law.
2)Allows any residential, commercial or governmental landowner
to install, maintain, and operate, on the landowner's own
property:
a) A rain barrel system for outdoor nonpotable use.
b) A rainwater capture system for nonpotable outdoor
use or groundwater recharge.
3)Allows any residential, commercial or governmental landowner
to install, maintain, and operate a rainwater capture system
for indoor nonpotable use on the landowner's own property if
the system complies with the 2010 Green Plumbing and
Mechanical Code Supplement, the local building authority
issues a permit for the system and inspects it prior to
operation, and the system meets specified conditions,
including:
a) Filtration, disinfection or comparable treatment, if
required by the appropriate local agency.
b) Backflow prevention, if the system is also connected
to a potable water source.
4)Requires landowners to comply with a local agency's program to
promote rainwater or stormwater capture, if such a program
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exists.
5)Prohibits a local agency from requiring a permit or other
authorization for a rain barrel system unless that system
requires the disconnection of a downspout from the sewer
system.
6)Requires rainwater capture systems to include methods to
prevent mosquitoes from breeding.
7)Authorizes a licensed landscape contractor to construct a
rainwater capture system for landscape irrigation, including
designing and installing all exterior components of that
system that are not part of, or attached to, a structure.
8)Requires any work outside the scope of a licensed landscape
contractor to be performed by a contractor with the
appropriate specialty classification or by a General Building
contractor.
EXISTING LAW :
1)Provides for the licensing and regulation of contractors by
the Contractors State License Board.
2)Authorizes a landscape contractor 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 landscape contractor is
supervising.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS : By some estimates, one inch of rain on a 2,000
square foot roof generates more than 1,000 gallons of water.
Since outdoor water use can account for up to 50 to 70% of a
household's total usage, rainwater harvesting for landscape
irrigation could help alleviate some of the pressure on
California's limited potable water supplies. In addition,
rainwater running off of impervious surfaces such as parking
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lots, streets, and sidewalks picks up oil, chemicals, sediment,
bacteria and other pollutants in its journey to the local
waterway. Capturing and saving rainwater or directing it to
groundwater recharge could help bolster local water supplies and
circumvent some of the problems associated with stormwater
runoff.
In Australia, which recently underwent one of the worst droughts
in 1,000 years of its history, rebates are offered to homeowners
who choose to install water tanks. Likewise, the Water
Conservation Division of Austin, Texas, offers a rainwater
harvesting incentive program that encourages the use of
rainwater as a supplement to municipal water for irrigation use.
According to the author's office, "Capturing more rainwater and
stormwater for water supply purposes offers a great opportunity
for fulfilling California's future water supply needs. AB 275
will take important steps toward expanding rainwater capture in
California. It clarifies the law by explicitly authorizing
landowners to install and use 'rainwater capture systems' on
their property, for a range of uses, from simple rain barrels
for garden use to more complex systems for use in toilets. The
bill also encourages local agencies to adopt programs that
promote greater rainwater and stormwater capture by requiring
landowners who install rainwater capture systems to comply with
the local agency's requirements. Finally, authorizing landscape
contractors to install rainwater capture systems related to
irrigation will promote greater awareness of the options for
rainwater capture, as homeowners consider how to landscape
grounds."
Support : Supporters state this bill makes sense because it
allows homeowners to make small contributions to water
conservation. They also point out that in Southern California
alone more than 500,000 acre-feet per year, on average, is lost
to the Pacific Ocean as a result of hard surfaces in the urban
areas and flood control channels. Supporters state that
California law related to capturing rainwater for water supply
purposes is ambiguous and that this bill clears legal hurdles
and facilitates the cost-effective use of rainwater for
non-potable domestic uses.
Opposition : Opponents state they are concerned that this bill
would permit landscape contractors to design what could be large
and complex rainwater systems without appropriate engineering.
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They also state that this bill does not adequately recognize
rainwater systems as "Auxiliary Water Supply" under Title 17 of
the California Code of Regulations governing public health nor
mandate the installation of cross connection control in all
installations in which a water agency supplies water to the
property.
This bill differs from its previous version, AB 1834 (Solorio)
of 2009, by excluding the rainwater capture system financing
component for which it was vetoed.
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 Ana
City of Santa Monica
East Bay Municipal Utility District
Family Wine Makers of California
Food and Water Watch
Orange County Coastkeeper
Orange County Water District
Pacific Water Quality Association
Planning and Conservation League
San Diego County Water Authority
Santa Ana Watershed Project Authority
Sierra Club California
Southern California Water Committee
Tree people
Water Quality Association
Three individuals
Opposition
American Society of Civil Engineers (unless amended)
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096
AB 275
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