Rainwater Capture Bill Vetoed Again

Gov. Jerry Brown recently vetoed AB 275, the proposed Rainwater Capture Act of 2011.

Authored by Assembly Member Jose Solorio (D-Santa Ana), AB 275 would have authorized a landowner to install and operate a rainwater capture system for (1) outdoor nonpotable use or infiltration into groundwater or (2) subsequent indoor nonpotable use. In addition, the measure would have authorized landscape contractors to sign prime contracts for the construction of rainwater capture systems if the systems were used for landscape irrigation. The landscape contractor would have been allowed to use his or her own personnel to design and install all of the exterior components of the rainwater capture system that were not part of, or attached to, a structure. With respect to any elements of a rainwater capture system that were part of, or attached to, a structure, the landscape contractor could have subcontracted that work to an appropriately licensed contractor.

In his veto message, Gov. Brown stated his preference for adopting a rainwater capture standard through the state’s Building Standards Commission process.

The International Code Council (ICC), which opposed AB 275, had earlier pointed out that California law requires that building codes be adopted by the commission. ICC also noted that the 2010 Green Plumbing and Mechanical Code Supplement, which AB 275 referenced, is not a code, nor had the commission adopted it.

Labor unions also lobbied for and against the legislation.

This is the second year in a row that a California governor has vetoed a rainwater capture bill. Governor Arnold Schwarzenegger vetoed a similar bill last year for different reasons.

On more positive notes, neither Schwarzenegger nor Brown appear to have had a problem with the portion of the bill that pertains to the ability of landscape contractors to sign prime contracts for the installation of rainwater capture systems. Also, Assembly Member Solorio’s office has indicated to CLCA that he plans to author another rainwater capture bill next year.

Click on this link to see the names of members and others who responded to a CLCA legislative alert by sending Gov. Brown a letter in support of AB 275 when it was on his desk for a signature or veto.

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