BILL ANALYSIS �
AB 275
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 275
AUTHOR: Solorio
AMENDED: June 7, 2011
FISCAL: No HEARING DATE: July 6, 2011
URGENCY: No CONSULTANT: Peter Cowan
SUBJECT : RAINWATER CAPTURE
SUMMARY :
Existing law :
1) Under the Porter-Cologne Water Quality Control Act,
establishes standards for water quality. (Water Code �13000
et seq.).
2) Under the Stormwater Resource Planning Act of 2009
(�10560-10564):
a) Authorizes a city, county, or special district
(individually or jointly) to develop a stormwater
resource plan that meets certain requirements.
b) Provides that a stormwater resource plan must be
designed to augment local water supply through
groundwater recharge or storage for beneficial reuse of
stormwater; prioritize source control, onsite and local
infiltration, and reuse of stormwater; reestablish
natural water drainage treatment and infiltration
systems; and include requirements for new and upgraded
infrastructure and development to meet design criteria
and best management practices to prevent stormwater
pollution and increase effective stormwater management.
3) Under Article X, Section 2 of the California Constitution
requires water to be put to a reasonable and beneficial
use.
This bill :
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1) Defines several terms:
a) "Rainwater" to mean 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.
b) "Rain barrel system" to mean 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.
c) "Rainwater capture system" to mean 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.
d) "Stormwater" to mean temporary surface water runoff
and snowmelt runoff drainage generated by immediately
preceding storms.
e) "Stormwater capture system" to mean 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.
2) Authorizes a landscape contractor to install exterior
components of a rainwater capture system.
3) Declares that nothing in the bill shall be construed to:
a) Authorize a landscape contractor to engage in or
perform activities that require a license pursuant to
the Professional Engineers Act.
b) Alter or impair any existing rights.
c) Change existing water rights law.
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4) Authorizes any residential, commercial, or governmental
landowner to install, maintain, and operate on the
landowner's property any of the following systems for
rainwater capture 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; or a rainwater capture system for subsequent
indoor nonpotable use, if specified conditions are met.
5) Specifies that a rainwater capture system for subsequent
indoor nonpotable use:
a) Have a filtration or disinfection device.
b) If connected to a potable water supply system, be
equipped with a device to prevent backflow.
c) Be permitted and inspected by the local agency
enforcing building standards before use.
d) Comply with the requirements contained in the 2010
Green Plumbing and Mechanical Code Supplement (GPMCS),
published by the International Association of Plumbing
and Mechanical Officials (IAPMO), unless the California
Building Standards Commission (BSC) adopts superseding
building standards.
6) Specifies that a rainwater capture system that is part of
or attached to a structure regulated by the California
Building Standards Code must be installed and used
consistent with the requirements of that code.
7) Authorizes a local agency that chooses to develop rainwater
capture program requirements to consider any of the
following: a) the California Building Standards Code
including, but not limited to, the California Green
Building Standards Code; b) nationally recognized
standards; or c) provisions in the California Building
Standards Code allowing for the use of alternative means
and methods of construction when a proposed system, method,
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or alternative performance-based design is not referenced
in approved codes or standards.
8) Requires the property owner to comply with a local agency's
program to promote rainwater or stormwater capture, if such
a program exists.
9) Specifies that a landowner cannot be required to obtain a
permit or authorization from a local public agency as a
condition of operating a rain barrel system unless that
system requires disconnecting a downspout from the sewer
system.
10)Requires a local agency to notify a public water system
operator of the approval of a permit for a rainwater
capture system connected to that system.
11)Requires that rainwater capture systems installed pursuant
to the above provisions include a method to prevent
mosquito breeding.
12)Provides legislative intent that the use of rainwater for
nonpotable uses should not be constrained by standards for
drinking or recycled water.
COMMENTS :
1) Purpose of Bill . According to the author "State law is
ambiguous on the authorization of rainwater capture. Some
have suggested that rainwater capture may interfere with
downstream water rights. Several other western states have
addressed their legal ambiguities or outright prohibitions
on rainwater capture. In California, several local
agencies have programs to promote rainwater capture as one
part of a more reliable water supply portfolio. These
programs may be at risk of legal challenge if the law is
not clarified, as AB 275 would accomplish. These
ambiguities have led some local agencies to question
whether drinking water regulation must apply to these
non-potable uses of rainwater, which has not previously
been used and does not suffer any substantial
contamination."
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2) Distributed water capture . One inch of rain on a 2,000
square foot roof generates more than 1,000 gallons of
water. Since nonpotable water uses comprise a significant
proportion of a household's total usage, rainwater
harvesting could help alleviate some of the pressure on
California's limited potable water supplies while also
reducing the amount of energy used to treat and distribute
water that is used for activities such as lawn irrigation.
3) Indoor nonpotable use . Currently there are no regulations
or statutes governing the indoor use of captured rainwater.
AB 275 specifically authorizes the local agency
responsible for building standards to issue permits that
would allow unspecified indoor uses of nonpotable water.
As bodily contact with water increases it becomes
increasingly important that the water be treated, and that
the efficacy of the treatment be monitored. The nature of
rainwater capture systems prevents regular quality and
safety assurance testing; however, some of these risks can
mitigated.
While rainwater presents a lesser health risk than
graywater, no clear guidance exists as to which uses
captured rainwater can be safely used for. Rainwater used
for flushing toilets likely presents little additional risk
because the water borne risk from a toilet stems more from
its function than the use of rainwater compared to treated
drinking water. This is not the case for other uses of
water, in some cases the line between potable and
non-potable may be vague. Does showering constitute a
nonpotable use? How about washing dishes? A safe starting
point would allow the use of rainwater for flushing toilets
and clothes washing machines. According to a 1999 study
these two uses encompass 48% of household indoor water use.
4) Protection of Public Health . As the state of California
contemplates and adopts water conservation policies that
include standards for rainwater use, it is important to
build a statutory infrastructure that ensures that there
are appropriate standards to address the specific public
and environmental health risks associated with the specific
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use of that water source. The Safe Drinking Water Act
regulates potable/drinking water. The Federal Clean Water
Act and the California Porter-Cologne Water Quality Act
regulate overall water rights and water quality protection
of the surface and groundwater. As new laws are enacted
outside the perimeters of these statutes, public and
environmental health and safety provisions need to be
included.
5) International Code Council (ICC) Concerns . ICC is
concerned about the reference to the IAPMO GPMCS "SB 1473
�(Calderon) statutes of 2008], referenced by AB 275
supporters in the Senate Natural Resources and Water
Committee? requires the �BSC] and the Department of Housing
and Community Development to use, as the basis for future
versions of the California Building Standards Code, those
model codes adopted by the BSC as the basis for the 2007
California Building Standards Code. In AB 275, reference is
made to the 2010 �GPMCS], published by �IAPMO]. This
supplement is not a code nor has it been adopted by the
�BSC]. The foreword of the GPMCS explicitly states that,
'The supplement is a separate document from the Uniform
Plumbing and Mechanical Codes.' In fact, the BSC will not
even begin possible consideration of this supplement for
inclusion into the current California Plumbing Code until
the summer of 2012, and then only if it is incorporated
into the 2012 UPC. Inclusion of this supplement in AB 275
is a violation of SB 1473 and a violation of law under
Health and Safety Code section 18938, which is the
referenced statute highlighted in SB1473."
6) IAPMO support . IAPMO supports the reference to GPMCS
stating "The author chose to reference the rainwater
provisions contained in the 2010 IAPMO Green Supplement for
sound legal and policy reasons. These same provisions are
currently in the process of being adopted into the IAPMO
2012 Uniform Plumbing Code. Under state statute, the
rainwater catchment provisions contained in the 2012
Uniform Plumbing Code will become part of the California
Plumbing Code in 2013 (with any amendments, additions or
deletions determined appropriate by the State). Citing the
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2010 IAPMO Green Supplement in AB 275 ensures that there
will be consistency between the local adoption of rainwater
standards prior to 2013 and the state adoption of rainwater
standards in the 2013 California Plumbing Code. Reliance on
the IAPMO Green Supplement is further appropriate because
it was explicitly developed to work seamlessly with the
current California/Uniform Plumbing Code. ? Finally, AB 275
makes clear that the reference to the 2010 IAPMO Green
Supplement is simply an interim step until the �BSC], the
Department of Housing and Community Development or other
relevant state agencies adopt requirements that supersede
the provisions contained in the Supplement."
7) Amendments .
a) The following amendments are needed to ensure public
health standards are maintained when rainwater is used
for nonpotable indoor uses:
i) Indoor use of rainwater should be limited to
toilets and clothes washing machines, see comment
#3.
ii) Local building standard officials should
consult with the local departments of health
regarding permit requirements prior to beginning to
issue permits for indoor use of rainwater.
iii) A sunset after 5 years on the permitting
authority granted to local building standards
commissions to allow the Legislature to reassess
the public health considerations of the program
before new systems are installed. Installed
systems would be grandfathered and would be allowed
to continue to operate.
b) An amendment is needed to clarify that the local
permit exception only applies to rain barrel systems
that meet minimal standards, such as those of the
American Rainwater Catchment Systems Association.
c) To clarify that rainwater can only be captured and
used on a landowner's property: on page 7, line 2, after
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"used" delete "on the landowner's property for the
capture of rainwater on developed or developing lands"
and insert "on developed or developing lands for the
capture or rainwater and use of captured rainwater on
the landowners property".
d) On page 5, line 10, delete "either" and insert "any".
e) As agreed to in Senate Natural Resources the
definition of "Storm Water Capture System" should be
removed, the term is defined but not subsequently used.
f) The author wishes to delete lines 20 through 34,
inclusive, on page 7.
SOURCE : Assemblymember Solorio
SUPPORT : American Rainwater Catchment Systems
Association, American Society of Civil
Engineers, American Society of Heating,
Refrigeration and Air-Conditioning Engineers,
California Alliance for Consumer Protection,
California Building Industry Association,
California Coastkeeper Alliance, California
Landscape Contractors Association, California
Landscape and Irrigation Council, California
Legislative Conference of the Plumbing, Heating
and Piping Industry, California State Pipe
Trades Council, California Special Districts
Association, City of Santa Monica, Cucamonga
Valley Water District, East Bay Municipal
Utility District, Eastern Municipal Water
District, Family Winemakers of California,
Inland Empire Utilities Agency, International
Association of Plumbing and Mechanical
Officials, Los Angeles Gateway Region, National
Latino Congreso, Natural Resources Defense
Council, Orange County Coastkeeper, Orange
County Water District, Planning and
Conservation League, San Diego County Water
Authority, Santa Clara Valley Water District,
Sierra Club California, Southern California
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Water Committee, Three Valleys Municipal Water
District, TreePeople, United State Green
Building Council Californian Advocacy
Committee, and two individuals
OPPOSITION : California State Council of Laborers,
International Code Council