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: 8/24/12 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.
Senate Floor Amendments of 8/24/12 delete provisions
governing allowable and non-allowable uses of rainwater.
The amendments also delete related provisions regarding
adoption of building standards governing interior uses of
CONTINUED
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rainwater, and make other clarifying changes.
ANALYSIS : Existing law:
1.Under the Porter-Cologne Water Quality Control Act,
establishes standards for water quality.
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.
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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.
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.
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
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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 8/27/12)
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
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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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 8/27/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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