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Texas Rainwater Harvesting Legislative Overview Chris Maxwell-Gaines, PE

Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

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Page 1: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

Texas

Rainwater Harvesting Legislative Overview

Chris Maxwell-Gaines, PE

Page 2: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWH Legislation History in Texas

2001 – 77th Legislature

Texas SB 2

Local taxing entities given authority to exempt all or part of the assessed value of property on which water conservation modifications such as rainwater harvesting are made. Equipment used for rainwater harvesting exempted from state sales tax.

Page 3: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWH Legislation History in Texas

2003 – 78th Legislature

Texas HB 645

A POA may not prohibit or restrict a property owner from installing rain barrels or a rainwater harvesting system. Does not restrict a POA from regulating the requirements, including size, type, shielding, and materials, for or the location of a rain barrel, rain harvesting device, or any other appurtenance.

Page 4: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWH Legislation History in Texas

2005 – 79th Legislature

Texas HB 2430

The Texas Water Development Board shall establish a Rainwater Harvesting Evaluation Committee to study the feasibility of using rainwater as a source of water supply. The committee shall provide a report to the lieutenant governor and the speaker of the house of representatives.

Page 5: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

http://raincat.ch/RWreport

Page 6: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

• Significant untapped potential to generate additional water supplies in Texas through rainwater harvesting

• Consider expanding the state’s role in promoting rainwater harvesting

• With the application of appropriate water quality standards, treatment methods, and cross-connection safeguards, RWHS can be used in conjunction with public water systems

• Need to develop training and educational materials on rainwater harvesting to help design appropriate systems and to realize the full potential of rainwater harvesting in Texas

Rainwater Report Highlights

Page 7: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWH Legislation History in Texas

2005 – 79th Legislature

Texas SB 1678 (Did Not Pass)

The Lower Colorado River Authority shall provide a RWH alternative to platted subdivisions in its territory that petition the authority to provide surface water. On request by the subdivision, the authority shall provide rainwater harvesting system equipment to enable the subdivision to use rainwater for both domestic and irrigation use.

Page 8: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWH Legislation History in Texas

2011 – 82th Legislature

Texas HB 3391

RWH technology for potable and non-potable indoor use and landscape watering be incorporated into the design and construction of each new state building with a roof measuring at least 50,000 sf that is located in an area of this state in which the average annual rainfall is at least 20 inches.

Page 9: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWH Legislation History in Texas

2011 – 82th Legislature

Texas SB 1073 / HB 3372

If a structure is connected to a PWS and has a RWHS for indoor use, the structure must have appropriate cross-connection safeguards and a person who installs and maintains RWHS that are connected to a PWS and are used for potable purposes must be licensed by a master plumber or journeyman plumber and hold an endorsement issued by the board as a water supply protection specialist…

Page 10: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWH Legislation History in Texas

2013 – 83th LegislatureTexas HB 2062

Introduced Text:

Updated Occupations Code to expand the definition of "Plumbing" to include:• the installation, repair, and service of equipment for rainwater

harvesting.• "Rainwater harvesting" means the capture, diversion, storage,

treatment, and distribution of rainwater from a roof structure for landscape irrigation, potable drinking water, or non-potable use for a personal residence or domestic use.

Enrolled Text:… (definition of rainwater harvesting was removed)

Page 11: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWH Legislation History in Texas

2013 – 83th Legislature

Texas HB 2781

Intent was to improve various provisions related to the TCEQ rule-making for the earlier SB 1073 (2011)

A rainwater harvesting system that meets the requirements of this subsection is considered connected to a public water supply system only for purposes of compliance with minimum water system capacity requirements as determined by commission rule.

Page 12: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWH Legislation History in Texas

2015 – 84th Legislature

Texas HB 2465 (Did not pass)

"Plumbing" means:

• harvest rainwater or reclaimed water to supply a plumbing fixture or appliance or a multipurpose residential fire protection system

Page 13: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWH Legislation History in Texas

2015 – 84th Legislature

Texas HB 3837 (Did not pass)

Creation of a license for rainwater harvesting system installers to be administered by TDA. Provided exemptions for system installations with a capacity under 500 gallons and for plumbers

Page 14: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWH Legislation History in Texas

2015 – 84th Legislature

Texas HB 1902

Expands the allowable uses of graywater and alternative onsite water

Defines “alternative onsite water” as rainwater, air-conditioner condensate, foundation drain water, storm water, cooling tower blowdown, swimming pool backwash and drain water, reverse osmosis reject water, or any other source of water considered appropriate by the commission.

Page 15: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

TDA Certification Program

• Program for rainwater harvesting system installers and inspectors in order for the public to be able to rely upon a group of competent practicing professionals with appropriate education, testing and evaluation to properly provide installation, maintenance, repair, alteration, servicing and inspection.

Page 16: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

TDA Certification Program

• Planned implementation: January 1, 2017

• Initial certification requirement: ARCSA AP certification, application, and fee

• Require 24 hours of Continuing Education

• Use of TDA seal in any advertising that certified installer may produce

• In lieu of RWHS Installer License

Page 17: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

TDA Certification Program

• Require a rainwater harvesting plan for systems 750 gallons and greater

• Require walk-through with owner and provide documentation:– manufacturer’s manual for any components

– list of components that require maintenance and the recommended frequency of service

– rainwater harvesting plan showing the actual installation of the rainwater harvesting system

– maintenance checklist

Page 18: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWHS Installer License Legislation

2017 – 85th Legislature

Texas HB 173

Creation of a license for rainwater harvesting system installers to be administered by TDA. Provided exemptions for system installations with a capacity under 500 gallons and for plumbers

Page 19: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

RWHS Installer License Highlights

• Complete a RWH training program approved by department

• Pass examination administered or approved by department

• License would be valid for three years

• Require completion of Continuing Education

Page 20: Texas Rainwater Harvesting Legislative Overview · RWH Legislation History in Texas 2011 –82th Legislature Texas HB 3391 RWH technology for potable and non-potable indoor use and

Thank you very much!!

Want a copy of this presentation? Email me.

[email protected]