Texas Rainwater Harvesting Legislation History
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Texas has passed legislation supporting rainwater harvesting since 2001. Key bills have exempted rainwater harvesting equipment from sales tax, prevented homeowners associations from banning rainwater systems, and required certain state buildings to incorporate rainwater harvesting. Proposed bills that did not pass have aimed to expand licensing requirements for installers and use of rainwater in public projects. Overall the legislation shows growing state support for developing rainwater harvesting as a water source.
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Texas Rainwater Harvesting Legislation History
- 1. Texas Rainwater Harvesting Legislative Overview Chris Maxwell-Gaines, PE
- 2. 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.
- 3. 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.
- 4. RWH Legislation History in Texas 2005 – 79th Legislature Texas SB 1225 (Did Not Pass) Requires the TCEQ to set health and safety standards for the collection and treatment of rainwater to be used for domestic purposes
- 5. 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.
- 7. • 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
- 8. 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.
- 9. RWH Legislation History in Texas 2007 – 80th Legislature Texas HB 4 / SB 3 Multi-point bill dealing with water conservation issues in Texas. Also requires a structure connected to a public water supply system and has a rainwater harvesting system for indoor use, the structure is required to have appropriate cross- connection safeguards and the rainwater harvesting system may be used only for nonpotable indoor purposes.
- 10. RWH Legislation History in Texas 2009 – 81st Legislature Texas HB 4299 (Did Not Pass) Intent was to enact many of the recommendations from the 2006 Report from the Rainwater Harvesting Evaluation Committee appointed in 2005 HB 2430
- 11. RWH Legislation History in Texas 2009 – 81st Legislature Texas HB 3253 (Did Not Pass) Intent was to include the acquisition, construction, or improvement of rainwater harvesting systems among items authorized to be included in a public improvement project in a public improvement district.
- 12. 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.
- 13. 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…
- 14. RWH Legislation History in Texas 2013 – 83th Legislature Texas 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)
- 15. 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.
- 16. RWH Legislation History in Texas 2013 – 83th Legislature Texas HB 1173 (Did not pass) Intent was to add "rainwater harvesting system" to tax exemption status on property tax codes
- 17. 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
- 18. 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
- 19. 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.
- 20. RWH Legislation History in Texas 2017 – 85th Legislature Texas HB 173 (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
- 21. Learn more about rainwater harvesting at: https://www.watercache.com
Editor's Notes
- Today I want to speak to you about the history of rainwater harvesting related legislation in Texas in order to provide a perspective of where we have come from. We’ve been on this path a long time. Then I will speak about the current legislation and efforts to advance rainwater harvesting.
- Texas sales tax exemption law for rainwater harvesting equipment I do want to point out that Texans are very particular about their water and who owns it. Private property rights are very important to most Texans. This extends to water wells as well. The state does not regulate well water quality on private property. Well drillers must register the well at TCEQ but that is it. So since a private well water source isn’t regulated, rainwater systems fall under that. Hence, many residential rainwater systems for potable use have been installed in Texas without any thought that it is against any law or regulation. Some other states may directly have regulations that prevent it while Texas has no regulation at all and it seems to work for everyone.
- Texas POA/HOA can not prohibit or exempt owner from installing RWHS. POA/HOA can regulate the system location, design, and aesthetics though. Existing POA/HOA’s are exempt.
- "Harvesting" rainwater for reuse would ease the current and projected burden on groundwater and surface water supplies. Currently, no standards exist by which to ensure that such rainwater is safe for domestic use, including human consumption
- The report must: Evaluate the potential for rainwater harvesting in this state; Recommend: Minimum water quality guidelines and standards for potable and non-potable indoor uses of rainwater; Treatment methods for potable and non-potable indoor uses of rainwater; Ways, such as dual plumbing systems, to use rainwater harvesting systems in conjunction with existing municipal water systems for residential, industrial, community, or public water supplies; and Ways that the state can further promote rainwater harvesting
- Highlights of the report: There is a significant untapped potential to generate additional water supplies in Texas through rainwater harvesting, particularly in urban and suburban areas. It was estimated that an estimated 2 billion gallons of water could be generated annually in a large metropolitan area the size of Dallas if 10% of the roof area were used to harvest rainwater and approximately 38 billion gallons of water would be conserved annually if 10% of the roof area in Texas could be used for rainwater harvesting. The legislature should consider expanding the state’s role in promoting rainwater harvesting by: Directing new state facilities with 10,000 square feet or greater in roof area (and smaller facilities, when feasible), to incorporate rainwater harvesting systems into their design and construction. Harvested rainwater at these locations may be used for restroom facilities and/or landscape watering. Developing incentive programs to encourage the incorporation of rainwater harvesting systems into the design and construction of new residential, commercial, and industrial facilities in the state. Considering a biennial appropriation of $500,000 to the Texas Water Development Board to help provide matching grants for rainwater harvesting demonstration projects across the state. With the application of appropriate water quality standards, treatment methods, and cross-connection safeguards, rainwater harvesting systems can be used in conjunction with public water systems. Directing the Texas Commission on Environmental Quality and other state agencies to continue to exempt homes that use rainwater harvesting as their sole source of water supply from various water quality regulations that may be required of public water systems. Guidelines are provided in this report to assist homeowners in improving and maintaining the quality of rainwater for potable and nonpotable indoor uses. Directing the Texas Commission on Environmental Quality and other state agencies to require those facilities that use both public water supplies and harvested rainwater for indoor purposes to have appropriate cross-connection safeguards, and to use the rainwater only for non-potable indoor purposes. Appropriating $250,000 to the Texas Department of State Health Services to conduct a public health epidemiologic field and laboratory study to assess the pre- and post-treatment water quality from different types of rainwater harvesting systems in Texas, and to submit a report of findings to the next session of the legislature. Directing Texas cities to enact ordinances requiring their permitting staff and building inspectors to become more knowledgeable about rainwater harvesting systems, and allow such systems in homes and other buildings, when properly designed. There is a 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. Directing a cooperative effort by the Texas Commission on Environmental Quality and the Texas State Board of Plumbing Examiners to develop a certification program for rainwater harvesting system installers, and provide continuing education programs. Directing Texas Cooperative Extension to expand their training and information dissemination programs to include rainwater harvesting for indoor uses. Encouraging Texas institutions of higher education and technical colleges to develop curricula and provide instruction on rainwater harvesting technology.
- LCRA may recover the costs of providing the equipment through leases, lease-purchase agreements, or by charging a fee.
- This bill: sets forth legislative policy statements regarding the value of land stewardship for conservation purposes. directs the Texas Water Development Board (TWDB) to implement a statewide conservation public awareness program to educate Texas residents about water conservation creates a 23-member Water Conservation Advisory Council to monitor the development and implementation of water conservation strategies requires retail public water utilities that provide potable water service to 3,300 or more connections to submit water conservation plans to the Texas Commission on Environmental Quality (TCEQ) and TWDB and requires these utilities to conduct annual progress updates authorizes TWDB's water assistance fund to be used for grants for water conservation requires the Texas Higher Education Coordinating Board to encourage the development of curriculum regarding on-site reclaimed system technologies; incorporates on-site reclaimed system technologies into the design and construction of certain new state buildings requires TCEQ to establish certain rules regarding rainwater harvesting systems requires TCEQ to adopt rules and enforce standards governing the design, installation, and operation of irrigation systems, governing water conservation, and governing the duties and responsibilities of licensed irrigators authorizes a home-rule municipality to adopt and enforce ordinances requiring water conservation in the municipality and by customers of the municipality's municipally-owned water and sewer utility in the extraterritorial jurisdiction of the municipality
- So from the 2006 Report on Rainwater Harvesting, the state attempted to enact some of the recommendations. Authorizes financial institutions to consider making loans for developments that will use harvested rainwater as the sole source of water supply. Each municipality and county is encouraged to promote rainwater harvesting at residential, commercial, and industrial facilities through incentives such as the provision at a discount of rain barrels or rebates for water storage facilities. A municipality or county may not deny a building permit solely because the facility will implement rainwater harvesting. However, a municipality or county may require that a rainwater harvesting system comply with the minimum state standards established for such a system. The Texas Water Development Board shall ensure that training on RWH is available for the members of the permitting staffs of municipalities and counties at least quarterly. Permitting staff (whose work relates directly to permits involving RWH) of each county and municipality located in an area designated by the TCEQ as a priority groundwater management area under Section 35.008, Water Code, and Permitting staff (whose work relates directly to permits involving RWH) of each county and municipality with a population of more than 100,000 must receive appropriate training regarding rainwater harvesting standards and their relation to permitting at least once every 5 years. So this sounds great and puts the State of Texas behind the idea of rainwater harvesting. Right? Well saying something is easy but the implementation is another beast. Some of the suggestions from the 2006 report have been implemented but the other recommendations that might have required a funding outlay was not put into this bill.
- So from the 2006 Report on Rainwater Harvesting, the state finally passed a law with some of the recommendations. Additionally, Each municipality and county is encouraged to promote rainwater harvesting at residential, commercial, and industrial facilities through incentives such as the provision at a discount of rain barrels or rebates for water storage facilities. A municipality or county may not deny a building permit solely because the facility will implement rainwater harvesting. However, a municipality or county may require that a rainwater harvesting system comply with the minimum state standards established for such a system. The Texas Water Development Board shall ensure that training on RWH is available for the members of the permitting staffs of municipalities and counties at least quarterly. Permitting staff (whose work relates directly to permits involving RWH) of each county and municipality located in an area designated by the TCEQ as a priority groundwater management area under Section 35.008, Water Code, and Permitting staff (whose work relates directly to permits involving RWH) of each county and municipality with a population of more than 100,000 must receive appropriate training regarding rainwater harvesting standards and their relation to permitting at least once every 5 years. So this sounds great and puts the State of Texas behind the idea of rainwater harvesting. Right? Well saying something is easy but the implementation is another beast. Some of the suggestions from the 2006 report have been implemented but the other recommendations that might have required a funding outlay was not put into this bill.
- It removed the phrase, “the rainwater harvesting system may be used only for non-potable indoor use.” But it also states… The commission shall work with the department to develop rules regarding the installation and maintenance of rainwater harvesting systems that are used for indoor potable purposes and connected to a public water supply system. The bill was introduced, promoted, revised, and passed in its final form by and with the strong support of a plumbing trade group based in the Houston area: Texas Plumbing, Air Conditioning & Mechanical Contractors Association
- The bill was a language clean-up bill but this was initiated by a motivated person who had connections to some legislators. His intention was to protect individual homeowners from being excluded from installing their own systems.
- During the election campaign in 2014, we started discussions with the leading candidate for the Secretary of Agriculture, Sid Miller. He won the election and from the discussions and plans with him, we put together the RWHS Installer license legislation, that will be administered by the Department of Agriculture.
- License legislation was in response to the repeated attempts but the plumbing industry in Texas to classify rainwater harvesting as plumbing, therefore potentially requiring only licensed plumbers to install rainwater harvesting systems. License legislation was also necessary due to the growing demand for rainwater harvesting systems both in residential and commercial sectors and the need to show municipalities, counties, and the state that these systems require competency, expertise, and experience. The license was inspired by the irrigation license. Provided exemptions for a master plumber or a journeyman plumber license issued by the Texas State Board of Plumbing Examiners and holds a water supply protection specialist endorsement Legislation passed the Natural Resources Committee (6 to 2 vote) and made it to the Calendars committee but failed to get scheduled for a vote on the floor, partly due to being passed late in the session (end of May). I will get into the logistics of the license bill here in a second.
- H.B. 1902 achieves four primary objectives by altering the standards that govern the TCEQ's rulemaking authority regarding graywater use. It would expand the sources from which graywater may originate by defining "alternative onsite water" and including it in relevant statutory language governing graywater. It would expand the allowable uses for graywater and alternative onsite water. It would allow for greater clarity in the rules regarding the storage of graywater. It would clarify the existing Health and Safety Code regarding graywater and alternative onsite water, and it would ensure that the Water Code conforms to these changes. Requires the standards adopted by TCEQ to allow the use of graywater and alternative onsite water for toilet and urinal flushing. This law is important because of the definition of alternative onsite water. Prior to this law, rainwater as a “class of water” was not defined. It certainly isn’t a Groundwater. Was it a Surface Water? If so then it would fall under the surface water rules in Texas and therefore be required to potentially have a chlorine residual in any rainwater used for potable purposes, or maybe even for irrigation use.
- This program sets standards for rainwater harvesting system design an installation through methods such as requiring a rainwater harvesting system plan to be documented, creating standards such as standards of conduct, installation standards, and material standards, and ensuring backflow prevention control.