BILL ANALYSIS �
AB 275
Page 1
ASSEMBLY THIRD READING
AB 275 (Solorio)
As Amended March 25, 2011
Majority vote
BUSINESS & PROFESSIONS 9-0 WATER, PARKS & WILDLIFE 13-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Huffman, Halderman, Bill |
| |Allen, Butler, | |Berryhill, |
| |Eng, Hagman, Hill, Ma, | |Blumenfield, Campos, |
| |Nestande | |Fong, Gatto, |
| | | |Roger Hern�ndez, Hueso, |
| | | |Jones, Lara, |
| | | |Olsen, Yamada |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
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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
system that supplies potable water to the property, if
connected to receive water from a potable source;
iii) The local building authority issues a permit for the
system and inspects it prior to operation; and,
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.
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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
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:
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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 : According to the author, "This 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."
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.
The author 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 assists in stormwater management by reducing
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the amount of water load that enters storm drains, thereby
saving consumers the cost of treating and transporting water
before it reaches the user.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301
FN: 0000376