BILL ANALYSIS �
AB 1750
Page 1
Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 1750 (Solorio) - As Amended: 4/16/2012
SUBJECT : Rainwater capture Act of 2012.
SUMMARY : Allows a landowner to install, maintain and operate a
rain barrel system for outdoor nonpotable uses and a rainwater
capture system for outdoor or indoor nonpotable uses on
developed or developing lands if that system meets specified
conditions. Specifically, this bill :
1)Establishes the Rainwater Capture Act of 2012 recognizing
rainwater captured from impervious surfaces could contribute
to local water supplies and decrease water pollution.
2)States that the Rainwater Capture Act shall not:
a) Alter or impair existing rights.
b) Change water rights law.
c) Authorize a landscape contractor to perform activities
that require a Professional Engineers license.
d) Affect the process of the California Building Standards
Commission for adoption of plumbing standards for rainwater
capture systems as per current law.
3)Defines the following:
a) "Rain barrel system" to be a type of rainwater capture
system that complies with the Rainwater Catchment Design
and Installation Standards adopted by American Rainwater
Catchment Systems Association January 1, 2011 and in
particular does not use electricity and is not connected to
a pressurized water distribution system for distribution
of potable water.
b) "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.
c) "Rainwater capture system" (RCS) to mean a facility
designed to capture, retain, and store rainwater flowing
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off a building, parking lot, or any other manmade,
impervious surface, for subsequent onsite use.
d) "Stormwater" to mean temporary surface water runoff and
drainage generated by immediately preceding storms.
e) "Developed or developing lands" to mean land that has 1
or more of the following attributes:
i) availability of public utility services,
ii) presence of public improvements,
iii) the presence of physical improvements.
4)Allows any residential, commercial or governmental landowner
to install, maintain, and operate, on the landowner's own
property on developed or developing lands:
a) A rain barrel system for outdoor nonpotable use.
b) An RCS for outdoor nonpotable use or groundwater
recharge.
c) An RCS for indoor nonpotable use on the landowner's own
property if the system meets all the following specified
conditions:
i) The RCS complies with the California Building
Standards Code.
ii) Permits are issued before January 1, 2017.
5)An exception to the prohibition of use to the landowner's
property is made where the captured rainwater would otherwise
directly flow to a body of saltwater through a constructed
conveyance and treatment system.
6)Specifies that an RCS 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)Requires landowners to comply with a local agency's program to
promote rainwater or stormwater capture, if such a program
exists.
8)Prohibits a local agency from requiring a permit or other
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authorization for a rain barrel system unless that system
requires the disconnection of a downspout from the sewer
system.
9)Requires a local agency to notify a public water system
operator of the approval of a permit for an RCS connected to
that system.
10)Requires RCS's to include methods to prevent mosquitoes from
breeding.
11)Provides legislative intent that the use of rainwater for
nonpotable uses should not be constrained by standards for
drinking or recycled water but should comply with water
quality requirements per the Porter Cologne Water Quality
Control Act.
12)Authorizes a licensed landscape contractor to construct an
RCS for landscape irrigation, including designing and
installing all exterior components of that system that are not
part of, or attached to, a structure.
13)Requires any work outside the scope of a licensed landscape
contractor to be performed by a contractor with the
appropriate specialty classification or by a General Building
contractor.
EXISTING LAW
1)Considers all water flowing in any natural channel to be
public water of the State and subject to appropriation.
2)Declares unappropriated water to be that:
a) Has never been appropriated
b) Was appropriated prior to December 19, 1914
c) Has ceased to be put to the useful or beneficial purpose
for which it was appropriated
d) After appropriation or use, flows back into a stream,
lake or other body of water.
3)Provides for the licensing and regulation of contractors by
the Contractors State License Board.
4)Authorizes a landscape contractor working within the
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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 the improvements are
included in the landscape project or are 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 landscape contractor is
supervising.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
The ancient practice of collecting rainwater is currently
growing in popularity due to interest in reducing the
consumption of potable water and the inherent qualities of
rainwater. 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. In addition,
rainwater running off of impervious surfaces such as parking
lots, streets, and sidewalks picks up oil, chemicals, sediment,
bacteria and other pollutants in its journey to the local
waterway. Capturing and saving rainwater or directing it to
groundwater recharge could help bolster local water supplies and
circumvent some of the problems associated with stormwater
runoff.
This bill does not change existing water rights but eliminated
any ambiguities in the law. The SWRCB states on their website
that "the California Water Code, section 1201, defines water
subject to appropriation and authorizes the State Water Board to
grant permits for water flowing in any natural channel. Rooftops
are not a natural channel; therefore harvest of rainwater from
rooftops does not require a water right permit. The State Water
Board encourages methods of water collection or diversion, such
as rooftop rainwater harvest that reduces demand on streams and
reduces water quality problems associated with stormwater
runoff." This bill codifies this interpretation.
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Supporting Arguments : According to the author's office,
"Rainwater capture authorized by AB 1750 will contribute to
California's co-equal goals of water supply and environmental
protection. Reduced demand on limited drinking water supplies
will make more available for all Californians. Capturing
rainwater will minimize the amount of polluted stormwater
reaching California's beaches, protecting delicate coastal
ecosystems. While it may not fulfill all of California's water
needs, AB 1750 has the potential to play an important part in
the future of California's water supply and economy."
Opposing Arguments: Opposition states that, "Rainwater capture
is an important environmental issue, but it should be reviewed
through the existing Building Standards process, as required by
law" and that "nothing in AB 1750 has changed from AB 275
(Solorio, 2011) - it still seeks to circumvent the California
code adoption process of the Building Standards Commission."
This bill differs from previous legislation, AB 275 (Solorio) of
2011, by removing the interim standards for rainwater capture
outside of the established Building and Standards Codes process
for which it was vetoed. Additionally, as amended, the bill
sets the conditions for nonpotable uses of rainwater as needing
compliance with the California Building Standards Code. The bill
also adds an exception to the on-property limitation where the
water otherwise would flow into saltwater through a constructed
conveyance and treatment system. This exception indirectly would
allow coastal cities to capture rainwater and reduce impacts on
their stormwater treatment systems.
Therefore, it is unclear what the opposition is referring to
when they state that "Nothing in AB 1750 has changed from AB 275
(Solorio, 2011) - it still seeks to circumvent the California
code adoption process of the Building Standards Commission" when
AB 1750 removed the interim standards for rainwater capture that
were in AB 275 and clearly requires compliance with Building
Standards Commission standards.
Opposition also raises the issue that AB 1750 would have
unintended consequences for existing users of rainwater. In
particular, concern is raised regarding the section that says
any rainwater capture system (or rain barrel system) "may only
be used on developed or developing lands for the capture and use
of rainwater on the landowner's property except where the
captured rainwater would otherwise directly flow to a body of
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saltwater through a constructed conveyance and treatment
system." The opposition's concern is that vineyards and
agriculturalists depend on overland flows and that the
prohibition might impose unnecessary limitations on existing
users of rainwater.
Suggested Committee Amendments:
In order to clarify the section that provides an exception to
the onsite usage of the captured rainwater, the Committee may
want to consider the following amendments:
Amendment 1:
Page 7:
3 (b) (1) A system authorized pursuant to subdivision (a)
may only
4 be used on developed or developing lands for the capture
and use
5 of rainwater on the landowner's property . except where
the captured
6 (2) A local government entity that captures rainwater
that would otherwise be conveyed by pipes and other drainage
features through the stormwater system of that local government
entity, and discharge directly to a body of saltwater, shall not
be subject to the limitation in section (b)(1). rainwater would
otherwise directly flow to a body of saltwater
7 through a constructed conveyance and treatment system .
REGISTERED SUPPORT / OPPOSITION :
Support
California State Pipe Trades Council
City of Santa Monica
Family Winemakers of California
East Bay Municipal Utility District
Planning and Conservation League
Sierra Club California
Individuals: 2
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Opposition
Association for California Water Agencies
International Code Council
Analysis Prepared by : Mandy Arens / W., P. & W. / (916)
319-2096