Part 2.4. Rainwater Capture Act Of 2012 of California Water Code >> Division 6. >> Part 2.4.
This part shall be known, and may be cited, as the Rainwater
Capture Act of 2012.
The Legislature finds and declares all of the following:
(a) As California has grown and developed, the amount of
stormwater flowing off 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 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 capture to augment water
supply will require efforts at all levels, from individual
landowners to state and local agencies and watershed managers.
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) 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 use of rainwater on agricultural lands.
(f) Impair the authority of a water supplier pursuant to
Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California
Code of Regulations.
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 does not use electricity or a water pump and is not connected to
or reliant on a potable water system.
(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 a building rooftop
for subsequent onsite use.
(e) "Stormwater" has the same meaning as defined in Section
10561.5.
Use of rainwater collected from rooftops does not require a
water right permit pursuant to Section 1201.