BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1750|
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THIRD READING
Bill No: AB 1750
Author: Solorio (D), et al.
Amended: 8/7/12 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM : 8-0, 6/12/12
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Wolk
NO VOTE RECORDED: Simitian
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 7/2/12
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
ASSEMBLY FLOOR : 73-0, 5/7/12 - See last page for vote
SUBJECT : Rainwater Capture Act of 2012
SOURCE : Author
DIGEST : This bill establishes the Rainwater Capture Act
of 2012, which authorizes residential, commercial, and
governmental landowners to install, maintain, and operate
rain barrel systems, as defined, and rainwater capture
systems, as defined.
ANALYSIS : Existing law:
1.Under the Porter-Cologne Water Quality Control Act,
establishes standards for water quality.
CONTINUED
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2.Under the Stormwater Resource Planning Act of 2009:
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.
1.Under Article X, Section 2 of the California Constitution
requires water to be put to a reasonable and beneficial
use.
This bill:
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.
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D. "Stormwater" to mean temporary surface water runoff
and drainage generated by immediately preceding
storms.
1.Authorizes a landscape contractor to install exterior
components of a rainwater capture system.
2.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.
1.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.
2.Specifies that a rainwater capture system for subsequent
indoor nonpotable use:
A. Complies with the California Building Standards
Code.
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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.
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.
1.Authorizes a city or county to allow the conveyance of
rainwater captured by a rainwater capture system 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 used only for outdoor nonpotable
uses,
D. The rainwater is treated and used in a manner
approved by the State Department of Public Health and
the local department of public health, and is in
accordance with the California Building Standards
Code.
E. All pipes designed to carry rainwater are colored
and marked in a fashion that clearly distinguishes
rainwater pipes from potable water pipes in accordance
with the California Building Standards Code.
F. All points of use are clearly marked to indicate
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the use and source of nonpotable rainwater, in
accordance with the California Building Standards
Code.
G. The rainwater would otherwise be conveyed by
constructed drainage features through a stormwater or
combined sewer system and discharged directly into a
body of saltwater.
1. 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.
2. Requires the property owner to comply with a local
agency's program to promote rainwater or stormwater
capture, if such a program exists.
3. 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.
4. 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.
5. 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.
6. Requires that rainwater capture systems installed
pursuant to the above provisions include a method to
prevent mosquito breeding.
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7. Provides legislative intent that the use of rainwater
for nonpotable uses should not be constrained by
standards for drinking or recycled water.
Comments
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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/8/12)
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
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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
ASSEMBLY FLOOR : 73-0, 5/7/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng,
Feuer, Fong, Fuentes, Beth Gaines, Galgiani, Garrick,
Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Harkey,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal,
Ma, Mansoor, Mendoza, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
P�rez, Silva, Skinner, Smyth, Solorio, Swanson, Torres,
Valadao, Wagner, Wieckowski, Williams, Yamada, John A.
P�rez
NO VOTE RECORDED: Brownley, Donnelly, Fletcher, Furutani,
Hall, Miller, Portantino
CTW:RM:n 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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