BILL NUMBER: AB 275 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2011
PASSED THE ASSEMBLY AUGUST 31, 2011
AMENDED IN SENATE JULY 13, 2011
AMENDED IN SENATE JUNE 7, 2011
AMENDED IN ASSEMBLY MARCH 25, 2011
AMENDED IN ASSEMBLY MARCH 14, 2011
INTRODUCED BY Assembly Member Solorio
(Principal coauthor: Assembly Member Gatto)
(Coauthors: Assembly Members Blumenfield, Butler, Carter, Gordon,
Gorell, Jeffries, and Ma)
(Coauthors: Senators Evans and Pavley)
FEBRUARY 7, 2011
An act to amend Section 7027.5 of the Business and Professions
Code, and to add Part 2.4 (commencing with Section 10570) to Division
6 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 275, Solorio. Rainwater Capture Act of 2011.
(1) Under existing law, the State Water Resources Control Board
(state board) and the California regional water quality control
boards prescribe waste discharge requirements for the discharge of
stormwater in accordance with the national pollutant discharge
elimination system (NPDES) permit program and the Porter-Cologne
Water Quality Control Act. Existing law authorizes a city, county, or
special district to develop, jointly or individually, stormwater
resource plans that meet certain standards.
This bill would enact the Rainwater Capture Act of 2011, which
would authorize residential, commercial, and governmental landowners
to install, maintain, and operate rain barrel systems, as defined,
and rainwater capture systems, as defined, for specified purposes,
provided that the systems comply with specified requirements. The
bill would require a local agency to provide notification to the
operator of a public water system, as defined, if the local agency
chooses to adopt a permitting program for rainwater capture systems
and approves a permit for a rainwater capture system connected to the
public water system.
(2) Existing law, the Contractors' State License Law, creates the
Contractors' State License Board within the Department of Consumer
Affairs and provides for the licensing and regulation of contractors.
Existing law authorizes a landscape contractor working within the
classification of his or her license to enter into a prime contract
for the construction of a swimming pool, spa, or hot tub, an outdoor
cooking center, or an outdoor fireplace, if certain conditions are
met. Under existing law, a violation of these provisions and related
provisions of existing law is grounds for disciplinary action.
This bill would additionally authorize a landscape contractor
working within the classification of his or her license to enter into
a prime contract for the construction of a rainwater capture system,
as defined, if the system is used exclusively for landscape
irrigation. The bill would authorize a landscape contractor holding a
specified classification to design and install all exterior
components of a rainwater capture system that are not a part of, or
attached to, a structure.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7027.5 of the Business and Professions Code is
amended to read:
7027.5. (a) A landscape contractor working within the
classification for which the license is issued may design systems or
facilities for work to be performed and supervised by that
contractor.
(b) Notwithstanding any other provision of this chapter, a
landscape contractor working within the classification for which the
license is issued may enter into a prime contract for the
construction of any of the following:
(1) A swimming pool, spa, or hot tub, provided that the
improvements are included within the landscape project that the
landscape contractor is supervising and the construction of any
swimming pool, spa, or hot tub is subcontracted to a single licensed
contractor holding a Swimming Pool (C-53) classification, as set
forth in Section 832.53 of Title 16 of the California Code of
Regulations, or performed by the landscape contractor if the
landscape contractor also holds a Swimming Pool (C-53)
classification. The contractor constructing the swimming pool, spa,
or hot tub may subcontract with other appropriately licensed
contractors for the completion of individual components of the
construction.
(2) An outdoor cooking center, provided that the improvements are
included within a residential landscape project that the contractor
is supervising. For purposes of this subdivision, "outdoor cooking
center" means an unenclosed area within a landscape that is used for
the cooking or preparation of food or beverages.
(3) An outdoor fireplace, provided that it is included within a
residential landscape project that the contractor is supervising and
is not attached to a dwelling.
(4) A rainwater capture system, as defined in Section 10573 of the
Water Code, used exclusively for landscape irrigation.
(c) (1) Work performed in connection with a landscape project
specified in paragraph (2), (3), or (4) of subdivision (b) that is
outside of the field and scope of activities authorized to be
performed under the Landscape Contractor (C-27) classification, as
set forth in Section 832.27 of Title 16 of the California Code of
Regulations, may only be performed by a landscape contractor if the
landscape contractor also either holds an appropriate specialty
license classification to perform the work or is licensed as a
General Building contractor. If the landscape contractor neither
holds an appropriate specialty license classification to perform the
work nor is licensed as a General Building contractor, the work shall
be performed by a Specialty contractor holding the appropriate
license classification or by a General Building contractor performing
work in accordance with the requirements of subdivision (b) of
Section 7057.
(2) Notwithstanding paragraph (1), a landscape contractor
performing work under the Landscape Contractor (C-27) classification,
as set forth in Section 832.27 of Title 16 of the California Code of
Regulations, may design and install all exterior components of a
rainwater capture system, as defined in Section 10573 of the Water
Code, that are not a part of, or attached to, a structure.
(d) A violation of this section shall be cause for disciplinary
action.
(e) Nothing in this section authorizes a landscape contractor to
engage in or perform activities that require a license pursuant to
the Professional Engineers Act (Chapter 7 (commencing with Section
6700)).
SEC. 2. Part 2.4 (commencing with Section 10570) is added to
Division 6 of the Water Code, to read:
PART 2.4. Rainwater Capture Act of 2011
10570. This part shall be known, and may be cited, as the
Rainwater Capture Act of 2011.
10571. The Legislature finds and declares all of the following:
(a) As California has grown and developed, the amount of
stormwater flowing off of buildings, parking lots, roads, and other
impervious surfaces into surface water streams, flood channels, and
storm sewers has increased, thereby reducing the volume of water
allowed to infiltrate into groundwater aquifers and increasing water
and pollution flowing to the ocean and other surface waters. At the
same time, recurring droughts and water shortages in California have
made local water supply augmentation and water conservation efforts a
priority.
(b) Historical patterns of precipitation are predicted to change,
with two major implications for water supply. First, an increasing
amount of California's water is predicted to fall not as snow in the
mountains, but as rain in other areas of the state. This will likely
have a profound and transforming effect on California's hydrologic
cycle and much of that water will no longer be captured by California'
s reservoirs, many of which are located to capture snowmelt. Second,
runoff resulting from snowmelt is predicted to occur progressively
earlier in the year, and reservoirs operated for flood control
purposes must release water early in the season to protect against
later storms, thereby reducing the amount of early season snowmelt
that can be stored.
(c) Rainwater and stormwater, captured and properly managed, can
contribute significantly to local water supplies by infiltrating and
recharging groundwater aquifers, thereby increasing available
supplies of drinking water. In addition, the onsite capture, storage,
and use of rainwater and stormwater for nonpotable uses
significantly reduces demand for potable water, contributing to the
statutory objective of a 20-percent reduction in urban per capita
water use in California by December 31, 2020.
(d) Expanding opportunities for rainwater and stormwater capture
to augment water supply will require efforts at all levels, from
individual landowners to state and local agencies and watershed
managers.
10572. Nothing in this part shall be construed to do any of the
following:
(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 (Chapter 7 (commencing with Section 6700) of Division 3
of the Business and Professions Code).
(d) Affect the process of the California Building Standards
Commission for the adoption of plumbing standards for rainwater
capture systems pursuant to existing law.
10573. Solely for the purposes of this part, and unless the
context otherwise requires, the following definitions govern the
construction of this part:
(a) "Developed or developing lands" means lands that have one or
more of the characteristics described in subparagraphs (A) to (C),
inclusive, of paragraph (4) of subdivision (b) of Section 56375.3 of
the Government Code.
(b) "Rain barrel system" is a type of rainwater capture system
that complies with section 3.0 of the Rainwater Catchment Design and
Installation Standards adopted by the American Rainwater Catchment
Systems Association as of January 1, 2011, including the entirety of
section 3.3.3, does not use electricity, and is not connected to a
pressurized water distribution system for distribution of potable
water.
(c) "Rainwater" means 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.
(d) "Rainwater capture system" 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.
(e) "Stormwater" means temporary surface water runoff and drainage
generated by immediately preceding storms. This definition shall be
interpreted consistent with the definition of "stormwater" in Section
122.26 of Title 40 of the Code of Federal Regulations, as that
section may be amended.
10574. (a) Any residential, commercial, or governmental landowner
may install, maintain, and operate any of the following systems:
(1) A rain barrel system, if the system is used only to supply
water for outdoor, nonpotable uses and is used in compliance with all
manufacturer instructions.
(2) A rainwater capture system for subsequent outdoor nonpotable
use or infiltration into groundwater.
(3) A rainwater capture system for subsequent indoor nonpotable
use, if all of the following conditions are met:
(A) The system includes supplemental filtration, a disinfection
device, or other process or device that performs an equivalent
function, as determined by the local agency having jurisdiction. For
purposes of this subparagraph, "disinfection device" includes, but is
not limited to, a pressure filter, chlorination, or ultraviolet
radiation.
(B) If the system is connected to receive water from a potable
source, the system is equipped with a device that is adequate to
prevent backflow from the rainwater capture system into the property'
s potable water supply system or into the public potable water
distribution system that supplies potable water to the property.
(C) The local agency with jurisdiction over the enforcement of
building standards agrees to issue a permit for the system, consults
with the local department of public health regarding public health
impacts, and inspects the installation of the system before the
system is operated, and the landowner complies with the conditions
and requirements imposed by the permit.
(D) The system complies with the requirements contained in the
2010 Green Plumbing and Mechanical Code Supplement, published by the
International Association of Plumbing and Mechanical Officials
(IAPMO), unless the California Building Standards Commission adopts
superseding building standards for rainwater capture systems for
indoor nonpotable use.
(E) The rainwater is used for nonpotable uses, including toilets,
urinals, clothes washing machines, or heating, ventilation, and
air-conditioning systems.
(F) The applicable local permitting authority has issued a permit
for the system before January 1, 2017.
(b) A system authorized pursuant to subdivision (a) may only be
used on developed or developing lands for the capture and use of
rainwater on the landowner's property.
(c) A rainwater capture system that is a part of, or attached to,
a structure regulated by the California Building Standards Code shall
be installed and used consistent with applicable requirements of the
California Building Standards Code.
(d) (1) Except as provided in paragraph (3), if a local agency has
a program to promote rainwater capture or stormwater capture and
use, a landowner installing, maintaining, or operating a rainwater
capture system pursuant to this section shall comply with applicable
requirements of the program, including, but not limited to, a
stormwater resource plan adopted pursuant to Part 2.3 (commencing
with Section 10560).
(2) Except as provided in paragraph (3), this section shall not be
construed to impose a duty on, or impair the authority of, a local
agency to establish or implement a program for rainwater capture or
stormwater capture in its jurisdiction.
(3) (A) Except as provided in subparagraph (B), a landowner shall
not be required to obtain any permit or other authorization from a
local public agency as a condition of installing, maintaining, or
operating a rain barrel system pursuant to paragraph (1) of
subdivision (a).
(B) If installation of a rain barrel system requires disconnection
of a downspout from the sewer system, the local public agency may
require a permit or authorization for proper disconnection and
capping of the sewer connection.
(4) If a local agency chooses to adopt a permitting program for
rainwater capture systems and the local agency approves a permit for
a rainwater capture system connected to a public water system, as
defined in Section 116275 of the Health and Safety Code, the local
agency shall notify the operator of the public water system of the
permit approval.
(e) A rainwater capture system installed pursuant to this section
shall include a method to prevent breeding of mosquitoes, as provided
in the 2010 Green Plumbing and Mechanical Code Supplement, published
by the International Association of Plumbing and Mechanical
Officials (IAPMO), or the California Plumbing Code (Part 5 of Title
24 of the California Code of Regulations), as it may be amended.
10575. (a) It is the intent of the Legislature that the use of
rainwater for nonpotable uses should not be constrained by standards
for drinking water or recycled water in Title 22 of the California
Code of Regulations, but shall fully comply with water quality
requirements pursuant to the Porter-Cologne Water Quality Control Act
(Division 7 (commencing with Section 13000)).
(b) Notwithstanding subdivision (a), this part does not affect any
additional state, regional, or local requirements for the protection
of groundwater quality from contamination resulting from stormwater
drainage.