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.
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.