BILL ANALYSIS �
AB 1750
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 1750
AUTHOR: Solorio
AMENDED: June 19, 2012
FISCAL: No HEARING DATE: July 2, 2012
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) "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.
c) "Rain barrel system" to mean a type of rainwater
capture system that does not use electricity or a water
pump and is not connected to a potable water system.
d) "Stormwater" to mean temporary surface water runoff
and drainage generated by immediately preceding storms.
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) Alter or impair any existing rights.
b) Change existing water rights law.
c) Authorize a landscape contractor to engage in or
perform activities that require a license pursuant to
the Professional Engineers Act.
d) Impair the authority of the California Building
Standards Commission to adopt and implement building
standards for rainwater capture systems pursuant to
existing law.
e) Affect the use of rainwater on agricultural lands.
f) Impair the authority of a water supplier pursuant to
Title 17 of the California Code of Regulations.
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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; 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) Complies with the California Building Standards Code.
b) Have a filtration, disinfection device, or other
process or device having an equivalent function as
determined by the local agency with jurisdiction.
c) Be permitted and inspected by the local agency with
jurisdiction which must consult with the local public
health department, that may impose conditions on the
permits, prior to issuing the first permit.
d) Only be used for nonpotable uses, including toilets,
urinals, clothes washing machines, or heating,
ventilation, and air-conditioning systems, or other uses
allowed by the California Building Standards Code.
e) If connected to a potable water supply system, be
equipped with a device to prevent backflow.
f) Be permitted and inspected by the local agency
enforcing building standards before use.
6) Authorizes a city or county to allow the capture and
conveyance of rainwater off the landowner's property for
use on another landowner's property if: a) the rainwater is
used within the jurisdiction of the city or county, b) the
rainwater is provided at no cost, c) the rainwater is
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treated and used in accordance with applicable provisions
of the California Building Standards Code, d) the rainwater
would otherwise be discharged through a stormwater or
combined sewer system into a body of saltwater.
7) 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.
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 that complies
with the California Building Standards Code provisions for
a permit exemption, 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. In cases where no
permit is required the landowner must provide notice prior
to the installation of the rainwater capture system, unless
the system is a rain barrel of less than 360 gallons.
11)Requires that rainwater capture systems connected to any
potable water system be equipped with backflow prevention
devices that comply, and are installed in compliance with,
the California Building Standards Code.
12)Requires that rainwater capture systems installed pursuant
to the above provisions include a method to prevent
mosquito breeding.
13)Provides legislative intent that the use of rainwater for
nonpotable uses should not be constrained by standards for
drinking or recycled water.
COMMENTS :
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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 1750 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."
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) Rainwater or stormwater system ? In response to concerns
raised by the city of San Francisco, AB 1750 includes an
exception, for cities or counties where stormwater is
discharged into saltwater, to the requirement that all
water be used on the same parcel. The author agreed to take
amendments in the Assembly that limited this exemption to
water captured by a local government entity. However, the
most recent amendments instead allow a local government to
authorize the conveyance throughout the jurisdiction of the
city or county (see This Bill #6). At what point does a
"rainwater capture system" become a stormwater system? What
standards will apply to these systems? How will water be
conveyed? Is yet another water conveyance system for
rainwater appropriate?
4) Indoor nonpotable use . Currently there are no regulations
or statutes governing the indoor use of captured rainwater.
AB 1750 specifically authorizes the local agency
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responsible for building standards to issue permits that
would allow for 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
be 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. Surveys of
rainwater capture systems in Australia, where they are more
common, routinely report microbial contamination. One such
survey in 2008 reported that over half of 27 rainwater
systems tested contained evidence of Escherichia coli and
Bacteroides spp., indicators of fecal contamination. The
same survey also found in a quarter of those systems
evidence of Legionella pneumophila which according to the
Centers for Disease Control and Prevention causes
Legionnaires' disease and results in the hospitalization of
between 8,000 and 18,000 people annually. The risk of
Legionella pneumophila increases substantially when water
pools on surfaces is allowed to warm, or when water is
misted, as in some cooling or sprinkler systems.
Rainwater used for flushing toilets likely presents little
additional risk because the water borne risk from a toilet
stems from its function not the water source. This is not
the case for other uses of water, in some cases the line
between potable and nonpotable may be vague. Does
showering constitute a nonpotable use? Washing dishes?
Which agency is the appropriate agency to determine what
constitutes a safe level of contact or standard for water
quality? Last year the author's AB 275, a substantially
similar bill, was amended to limit the indoor nonpotable
use to toilets, urinals, clothes washing machines, or
heating, ventilation, and air-conditioning systems. AB
1750 includes these uses as well as any other uses allowed
by the California Building Standards Code. Uses should be
limited to only those allowed in AB 275 of 2011 (i.e. not
additional uses allowed by CBSC).
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5) 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
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.
6) Trying again . Last year's AB 275 established the same
hierarchy of rainwater uses. AB 1750 contains many of the
same provisions, but a) alters the requirements for indoor
use, namely changes discussed in Comment #4; b) removes a
sunset provision on issuing new permits for indoor uses; c)
adds provisions relating to the conveyance of rainwater off
the landowner's property (This bill #6); and d) removes
provisions related to use of the International Association
of Plumbing and Mechanical Officials green supplement. The
Governor vetoed AB 275 expressing concerns related to the
use of standards adopted outside of the established
California Building Standards Commission process.
7) Outstanding issues . In order to better protect public
health, amendments are needed to:
a) Restrict the allowed indoor uses of rainwater to
toilets, urinals, clothes washing machines, or heating,
ventilation, and air-conditioning systems. (page 7,
lines 4-7).
b) Require that the building standards commission not
adopt any regulation regarding water quality standards
for the indoor use of rainwater without the concurrence
of the Department of Public Health. (page 7, line 25).
This and the above amendment would remove the need for
the sunset provisions the committee adopted in passing
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AB 275 last year.
c) Clarify the requirement that a local permit is
required for indoor use of nonpotable rainwater and
specify, that prior to the first permit the agency with
jurisdiction consults with the local public health
department which may impose conditions on permits for
indoor nonpotable uses. (page 7, lines 32-40; page 8,
lines 1-3).
d) Clarify the requirement for a local agency to notify
public water system operators when it issues a permit
related to a rainwater capture system. (page 8, lines
15-18).
e) Clarify provisions related to applicable requirements
when promoting rainwater capture (page 7, lines 34-40)
to ensure that other requirements are not affected,
otherwise this provision should be stricken.
f) Require that rainwater conveyed off a landowner's
property:
i) Be used for outdoor uses only.
ii) Comply with signage requirements to clearly
indicate areas where nonpotable rainwater is being
used or conveyed.
iii) Be treated to a level as determined by the
Department of Public Health, or a more restrictive
standard if required by a local public health
agency rather than the CBSC. (page 7, lines 25-26).
iv) Be captured through a "rainwater capture
systems" rather than allow the broader category of
"rainwater." (page 7, lines 16-29).
g) Strike obsolete references to "stormwater capture."
h) Strike intent language specific to "recycled water"
that declares the intent that rainwater for nonpotable
water use not be constrained by standards in Title 22.
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(page 8, line 40).
SOURCE : Assemblymember Solorio
SUPPORT : American Rainwater Catchment Systems
Association
American Society of Civil Engineers-Region 9
Association of California Water Agencies
California Building Officials
California Landscape Contractors Association
California Park & Recreation Society
California State Pipe Trades Council
City of Santa Monica
Clean Water Action
Coastal Environmental Rights Foundation
Coastkeeper Alliance
Desal Response Group
East Bay Municipal Utility District
Environment California
Family Winemakers of California
Metropolitan Water District of Southern
California
Mosquito Vector Control Association of
California
Municipal Water District of Orange County
Natural Resources Defense Council
Orange County Coastkeeper
Planning and Conservation League
Planning and Conservation League
Residents for Responsible Desalination
San Francisco Water Power
San Gabriel Valley Municipal Water District
Santa Clara Valley Water District
Sierra Club California
Southern California Water Committee
Southern California Watershed Alliance
Surfrider
The Metropolitan Water District of Southern
California
TreePeople
United States Green Building Council,
California
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OPPOSITION : None on file