BILL ANALYSIS                                                                                                                                                                                                    �





                                                                  AB 275

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          GOVERNOR'S VETO
          AB 275 (Solorio)
          As Amended  July 13, 2011
          2/3 vote

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          |ASSEMBLY:  |75-0 |(May 2, 2011)   |SENATE: |36-1 |(August 29,    |
          |           |     |                |        |     |2011)          |
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          |ASSEMBLY:  |76-0 |(August 31,     |        |     |               |
          |           |     |2011)           |        |     |               |
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           Original Committee Reference:    B.,P. & C.P.  

           SUMMARY  :  Authorizes licensed landscape contractors (LCs) to 
          construct a rainwater capture system (RCS), as specified.  

           The Senate amendments  : 

          1)Add to the list of conditions in which an indoor non-potable 
            RCS may be used, instances when: 

             a)   The local agency with jurisdiction over the enforcement 
               of building standards issuing a permit for the RCS consults 
               with the local department of public health regarding public 
               health impacts before the RCS is installed;

             b)   The rainwater is used for non-potable uses, including 
               toilets, urinals, clothes washing machines, or heating, 
               ventilation, and air-conditioning systems; and,

             c)   The applicable local permitting authority has issued a 
               permit for the system before January 1, 2017.

          2)Require a local agency adopting a permitting program for RCSs 
            connected to a public water system to notify the operator of 
            the public water system of permit approvals.










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          3)Redefine "rain barrel system" to mean a type of RCS in 
            compliance with the Rainwater Catchment Design and 
            Installation Standards adopted by the American Rainwater 
            Catchment Systems Association as of January 1, 2011, does not 
            use electricity, and is not connected to a pressurized water 
            distribution system for distribution of potable water.

          4)Delete the definition of "stormwater capture system."

          5)Make technical and clarifying changes.

           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. 

           AS PASSED BY THE ASSEMBLY  , this bill authorized LCs to construct 
          a RCS, as specified

           FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the 
          Legislative Counsel.

           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 










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          explicitly authorize installation and operation of RCSs in 
          California's developed communities."

          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 
          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, as amended in the Senate, is consistent with Assembly 
          actions. 
           
          GOVERNOR'S VETO MESSAGE  :  

          "This measure seeks to adopt an interim standard for rainwater 
          capture outside the established Building Standards Commission 
          process.  

          "Without some urgency or a more compelling reason, I think it is 
          better to stick with the process and follow existing California 
          law."


           Analysis Prepared by  :    Joanna Gin / B.,P. & C.P. / (916) 
          319-3301 


                                                               FN: 0002953 













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