BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: AB 275 HEARING DATE: June 14, 2011
AUTHOR: Solorio URGENCY: No
VERSION: June 7, 2011 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: Environmental QualityFISCAL: No
SUBJECT: Rainwater Capture Act of 2011.
BACKGROUND AND EXISTING LAW
Article X, Section 2 of the California Constitution requires
water to be put to a reasonable and beneficial use. Current law
further includes numerous provisions that encourage the
efficient use of water.
PROPOSED LAW
This bill would establish the Rainwater Capture Act of 2011.
Specifically, this bill would:
1.Define a number of terms, including:
"Rainwater" - "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."
"Rain barrel system" - "a type of rainwater capture
system that does not use electricity and is not connected
to a pressurized water distribution system for distribution
of potable water."
"Rainwater capture system" - "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."
"Stormwater" - "temporary surface water runoff and
snowmelt runoff drainage generated by immediately preceding
storms."
"Stormwater capture system" - "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
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stormwater drainage system, for subsequent use."
1.Authorize any residential, commercial, or governmental
landowner to install, maintain, and operate any of the
following systems on the landowner's property for the capture
of rainwater on developed or developing lands:
A rain barrel system, if the system is used only to
supply water for outdoor, nonpotable uses and is used in
compliance with all manufacturer instructions.
A rainwater capture system for subsequent outdoor
nonpotable use or infiltration into groundwater.
A rainwater capture system for subsequent indoor
nonpotable use, if specific conditions are met.
1.Authorize a local agency that chooses to develop rainwater
capture program requirements to consider any of the following:
The California Building Standards Code including, but
not limited to, the California Green Building Standards
Code.
Nationally recognized standards.
Provisions in the California Building Standards Code
allowing for the use of alternative means and methods of
construction when a proposed system, method, or alternative
performance-based design is not referenced in approved
codes or standards.
1.Require the property owner to comply with a local agency's
program to promote rainwater or stormwater capture, if such a
program exists.
2.Declare that nothing in this bill shall be construed to do
either of the following
Alter or impair any existing rights.
Change existing water rights law.
The bill would also:
1.Authorize a licensed landscape contractor to install a
rainwater capture system under certain circumstances.
2.Declare that nothing in this bill shall be construed to
authorize a landscape contractor to engage in or perform
activities that require a license pursuant to the Professional
Engineers Act.
3.Make a number of statements of legislative intent, including:
The use of rainwater for nonpotable uses should not be
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constrained by water quality requirements for drinking
water or recycled water.
The use of rainwater for nonpotable uses should fully
comply with water quality requirements pursuant to the
Porter-Cologne Water Quality Control Act.
1.Make numerous findings and declarations regarding the
potential benefits of rainwater capture.
ARGUMENTS IN SUPPORT
According to the Author, "AB 275 will take important steps
toward expanding rainwater capture in California. It clarifies
the law by explicitly authorizing landowners to install and us
'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. Capturing rainwater also may allow
for gradual infiltration into the groundwater aquifer. These
authorizations will empower individuals to take steps to capture
and use rainwater. 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 relating to irrigation will promote greater
awareness of the options for rainwater capture, as homeowners
consider how t landscape their grounds."
ARGUMENTS IN OPPOSITION
The American Society of Civil Engineers object, because the bill
"would permit a C-27 specialty contractor to design and install
'rainwater capture systems' 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 landscape contractors to
design what could be large and complex systems without
appropriate engineering of these systems."
COMMENTS
Towards More Frugal Use Of Water. 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.
Definitions. It may seem difficult to believe, but there is
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no commonly accepted definition of rainwater, or stormwater
for that matter. This bill defines both, drawing the
distinction between any precipitation that has not entered
into a natural or artificial channel (rainwater) and
precipitation generated by a storm event that has entered
into a natural or artificial channel (stormwater).
This bill also defines "stormwater capture systems" but does
not subsequently use the term. It appears to be
essentially placeholder language. The definition
emphasizes that stormwater capture systems are public
facilities serving public purposes. This might or might
not be appropriate. Private country clubs, for example,
often have stormwater management systems that might
otherwise be candidates for a stormwater capture system.
As this bill does not use the term "stormwater capture
systems" anywhere beyond defining it, the Committee may
choose to delete that definition and allow subsequent
legislation address the definition and its application.
(See Amendment.)
Doesn't Change Water Law - Or Does It? The legal basis for
using rainwater under California's unique water law is
unclear. Under some legal theories, one cannot establish a
right to captured rainwater, as capturing rain water may
diminish the amount of water available to a more senior
water rights holder. Under another theory, the right to
capture rainwater is akin to a riparian right, in that by
virtue of owning the land, you have the right to acquire
any water that may fall from the sky onto your property.
Current California water law is not particularly helpful in
resolving what the rule of law is with respect to rainwater
capture. This bill attempts to clarify the law. In doing
so, it might or might not change how the courts might have
interpreted the law in the absence of this bill.
Related Bills. This bill is similar to last session's AB 1834
(Solario). The Governor vetoed that bill because it would have
made rainwater recapture systems eligible for funding under the
Property Assessed Clean Energy (PACE) Program. This bill does
not have those provisions.
Dual referred to EQ. This bill has been referred to this
committee and the Senate Environmental Quality Committee. To
ensure this bill would be able to meet legislative deadlines,
the suggested amendment would need to be taken in the
Environmental Quality Committee.
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SUGGESTED AMENDMENT - To be taken in the Environmental Quality
Committee
AMENDMENT: On page 6, delete lines 1 through 5
SUPPORT
American Rainwater Catchment Systems Association
California Alliance for Consumer Protection
California Building Industry Association
California Landscape Contractors Association
California State Pipe Trades Council
City of Santa Ana
City of Santa Monica
East Bay Municipal Utility District
Eastern Municipal Water District
Family Winemakers of California
Food & Water Watch
Inland Empire Utilities Agency
Los Angeles Gateway Region IRWM JPA
National Latino Congreso
Natural Resources Defense Council
Orange County Coast Keeper
Orange County Water District
Pacific Water Quality Association
Planning & Conservation League
San Diego County Water Authority
Santa Clara Valley Water District
Sierra Club California
Southern California Water Committee
Three Valleys Municipal Water District
TreePeople
US Green Building Council
Water Quality Association
OPPOSITION
American Society of Civil Engineers
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