BILL ANALYSIS �
AB 1750
Page 1
Date of Hearing: March 27, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1750 (Solorio) - As Introduced: February 17, 2012
SUBJECT : Rainwater Capture Act of 2012.
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 2012.
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 rainwater
collection systems, except where the captured rainwater would
otherwise directly flow to a body of saltwater through a
constructed conveyance and treatment system:
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
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;
AB 1750
Page 2
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;
iv) 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;
v) The rainwater is used for non-potable uses,
including toilets, urinals, clothes washing machines, or
heating, ventilation, and air-conditioning systems; and,
vi) The applicable local permitting authority has issued
a permit for the system before January 1, 2017.
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)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.
9)Requires a RCS installed pursuant to this bill to include a
AB 1750
Page 3
method to prevent mosquito breeding, as specified.
10)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" means 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.
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; and,
e) "Stormwater" means temporary surface water runoff and
drainage generated by immediately preceding storms.
11)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:
a) A swimming pool, spa, or hot tub if subcontracted to a
Swimming Pool contractor; or,
AB 1750
Page 4
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 :
Purpose of this bill . According to the author's office, "This
bill seeks to resolve ambiguities in the law and 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 stormwater
reaching California's beaches. The bill accomplishes this
purpose by resolving legal ambiguities to explicitly authorize
installation and operation of RCSs in California's developed
communities."
Background . 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 California Building Standards Commission (BSC) adopts the
Uniform Plumbing Code into the California Plumbing Code with
amendments, additions, or deletions to avoid conflicts with
other regulations or statutes. The California Plumbing Code is
just one part of the California Building Standards Code.
AB 1750
Page 5
The code adoption cycle can be time consuming and take several
years. The rainwater catchment provisions contained in the 2010
Green Plumbing and Mechanical Supplement is in the process of
being adopted in the 2012 Uniform Plumbing Code, which will
later become part of the 2013 California Plumbing Code and the
California Building Standards Code.
The author's office 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 assist 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 is similar to its previous version, AB 275 (Solorio)
of 2011, which would have established the 2011 Rainwater Capture
Act of 2001 and authorized LCs to construct a RCS, as specified.
Support . According to the California Landscape Contractors
Association, the bill "will allow licensed LCs to act as prime
contractors in connection with the design and installation of
RCSs used for landscape irrigation. To qualify, the project
must be part of a landscape project that the contractor is
supervising and constructing. Any work falling outside the
scope of work authorized for the LC classification (C-27) must
be subcontracted to an appropriately licensed specialty
subcontractor. Additionally, the LC may not design, construct,
or modify components of a RCS, such as a roof, downspouts,
gutters, or pipes that are part of, or attached to, a structure.
These provisions mimic similar provisions of existing law that
allow LCs to act as prime contractors for swimming pools and
spas, outdoor kitchens, and outdoor fireplaces. The ability of
a LC to function as a prime contractor permits a property owner
to work with a single individual who will take full
responsibility for completing the entire project. This approach
frees the property owner of having to find and schedule multiple
contractors for individual stages of the project. When projects
are coordinated by a single prime contractor, they are completed
more quickly, cost overruns are less likely to occur, and owners
are more satisfied."
AB 1750
Page 6
Opposition . According to the International Code Council, "Like
last year with AB 275, AB 1750 attempts to circumvent the BSC's
code adoption process by referring to a specific section of the
California Plumbing Code. The Governor's veto message of AB 275
last year was very clear: "This measure seeks to adopt an
interim standard for rainwater capture outside the established
BSC process. Without some urgency or a more compelling reason,
I think it is better to stick with the process and follow
existing California law." Nothing has changed in 2012. In
fact, AB 1750 is even more unnecessary in 2-12 because the
triennial Code adoption process is already underway. Moreover,
the Housing and Community Development Agency stated very
directly at its March 7, 2012 Focus Group meeting that rainwater
capture is already being discussed in the current code adoption
cycle."
Previous Legislation . AB 275 (Solorio) of 2011, would have
established the 2011 Rainwater Capture Act of 2001 and
authorized LCs to construct a RCS, as specified. The Governor
vetoed AB 275 with the following message: "This measure seeks
to adopt an interim standard for rainwater capture outside the
established BSC process. Without some urgency or a more
compelling reason, I think it is better to stick with the
process and follow existing California law."
AB 1834 (Solorio) of 2009, would have allowed a landowner to
install a rainwater recapture system to irrigate landscaping or
recharge groundwater. The Governor vetoed AB 1834 with the
following message: "I do not support expanding the Property
Assessed Clean Energy Program to make it a financing option for
RCSs. Furthermore, as this bill's own legislative findings
suggest, further work needs to be done to explore relevant
legal, policy, and technical issues pertaining to rainwater and
storm water capture before state policymakers consider the
appropriateness of pursuing state-sanctioned creative financing
options aimed at making rainwater recapture systems more
affordable and accessible to property owners on a wide scale."
SB 310 (Ducheny), Chapter 577, Statutes of 2009, allowed local
government agencies that have permits for stormwater systems to
voluntarily create a watershed improvement plan to improve
stormwater management.
SB 790 (Pavley), Chapter 620, Statutes of 2009, authorized
grants for projects designed to implement or promote low-impact
AB 1750
Page 7
development that contribute to the improvement of water quality
or reduce stormwater runoff and for projects designed to
implement specified stormwater management plans. SB 790 also
authorized a city, county, or special district to develop,
jointly or individually, stormwater management plans that meet
certain requirements.
Double-referred . This bill is double-referred to Assembly
Water, Parks and Wildlife Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Coastkeeper Alliance
California Landscape Contractors Association
Family Winemakers of California
Orange County Coastkeeper
San Francisco Water Power Sewer
Sierra Club
Southern California Water Committee
TreePeople
U.S. Green Building Council
Opposition
California Building Officials
California State Council of Laborers
International Code Council
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301