BILL ANALYSIS �
AB 1750
Page 1
ASSEMBLY THIRD READING
AB 1750 (Solorio)
As Amended April 30, 2012
Majority vote
BUSINESS & PROFESSIONS 9-0 WATER, PARKS & WILDLIFE 13-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Huffman, Halderman, Bill |
| |Allen, Butler, | |Berryhill, |
| |Eng, Hagman, Hill, Ma, | |Blumenfield, Campos, |
| |Smyth | |Fong, |
| | | |Beth Gaines, Williams, |
| | | |Roger Hern�ndez, Hueso, |
| | | |Jones, Lara, Yamada |
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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:
a) A rain barrel system (RBS) for outdoor non-potable water
use;
b) A RCS for outdoor non-potable water use or infiltration
into groundwater; and,
AB 1750
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c) A RCS for indoor non-potable water use if the system
complies with the California Building Standards Code
(Code).
4)Exempts a local government entity capturing rainwater that
would otherwise be conveyed by pipes and other drainage
features through its stormwater system and discharged
directory to a saltwater body from the provisions related to
the installation of a RCS listed above.
5)Requires a RCS that is a part of, or attached to, a structure
regulated by the Code to be installed and used consistent with
the Code, including building drainage requirements.
6)Requires a landowner with a RCS to comply with any local
rainwater or stormwater capture programs.
7)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 RBS.
8)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 RBS requires disconnection
of a downspout from the sewer system.
9)Requires 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.
10)Requires a RCS installed pursuant to this bill to include a
method to prevent mosquito breeding.
11)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
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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) "RBS" 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) "RCS" 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.
12)Makes legislative findings and declarations.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : 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."
The Contractors State License Board 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
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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.
This bill is similar to its previous version, AB 275 (Solorio)
of 2011, which would have established the Rainwater Capture Act
of 2011 and authorized LCs to construct a RCS, as specified.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301
FN: 0003441