California Proposition 72, Rainwater Capture Systems Excluded from Property Tax Assessments Amendment (June 2018)

Elections in California, 2018

• General election: Nov. 6
• Voter registration deadline: Oct. 22
• Early voting: Oct. 8 - Nov. 5
• Absentee voting deadline: Postmark Nov. 6

• Online registration: Yes
• Same-day registration: Yes
• Voter ID: No
• Poll times: 7:00 a.m. to 8:00 p.m.

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California Proposition 72
Election date June 5, 2018
Topic Taxes
Status a Approved
Type Constitutional amendment	Origin State legislature
List of California measuresCalifornia Proposition 68 - JuneCalifornia Proposition 69 - JuneCalifornia Proposition 70 - JuneCalifornia Proposition 71 - JuneCalifornia Proposition 72 - JuneCalifornia Proposition 1California Proposition 2California Proposition 3California Proposition 4California Proposition 5California Proposition 6California Proposition 7California Proposition 8California Proposition 10California Proposition 11California Proposition 12Submit

California Proposition 72, the Rainwater Capture Systems Excluded from Property Tax Assessments Amendment, was on the ballot in California as a legislatively referred constitutional amendment on June 5, 2018. The measure was approved.

A "yes" vote supported this amendment to allow the state legislature to exclude rainwater capture systems added after January 1, 2019, from property tax reassessments.

A "no" vote opposed this amendment to allow the state legislature to exclude rainwater capture systems added after January 1, 2019, from property tax reassessments.

Election results

California Proposition 72
Result		Votes	Percentage
Yes		4,979,651	84.23%
No		932,263	15.77%

Results are officially certified.

Source

Overview

What changes did Proposition 72 make?

Proposition 72 allowed the California State Legislature to exclude rainwater capture systems added to properties after January 1, 2019, from counting as new construction. When a property owner adds new construction to his or her property, the new construction is assessed for taxable value. Prior to Proposition 72, adding a rainwater capture system to one's property counted as a new construction. As the ballot measure excluded rainwater capture systems from the definition of new construction, the taxable value of a property would not increase because the property owner added a rainwater capture system. Legislation associated with Proposition 72 defined rainwater capture systems as facilities designed to capture, retain, and store rainwater flowing off rooftops or other manmade aboveground hard surfaces for onsite use.

Text of measure

Ballot title

The ballot title was as follows:

“

Permits Legislature to Exclude Newly Constructed Rain-Capture Systems From Property-Tax Reassessment Requirement. Legislative Constitutional Amendment.

”

Ballot summary

The ballot summary was as follows:

“

Except in certain circumstances, under the California Constitution, construction on existing property requires reassessment for tax purposes. The California Constitution permits the Legislature to exempt some construction on existing property from property-tax reassessment requirements. Amends the California Constitution to permit the Legislature to exempt the construction or addition of rain-capture systems from the type of construction that would require a property-tax reassessment. Applicable to construction or addition of rain-capture systems completed on or after January 1, 2019.

”

Fiscal impact statement

The fiscal impact statement was as follows:

“

Probably minor reduction in annual property tax revenues to local governments.

”

Constitutional changes

See also: Article XIII A, California Constitution

The measure amended Section 2(c) of Article XIII A of the California Constitution. The measure added the following underlined text:

Note: Hover over the text and scroll to see the full text.

(c) For purposes of subdivision (a), the Legislature may provide that the term "newly constructed" does not include any of the following:

(1) The construction or addition of any active solar energy system.

(2) The construction or installation of any fire sprinkler system, other fire extinguishing system, fire detection system, or fire-related egress improvement, as defined by the Legislature, that is constructed or installed after the effective date of this paragraph.

(3) The construction, installation, or modification on or after the effective date of this paragraph of any portion or structural component of a single- or multiple-family dwelling that is eligible for the homeowner's exemption if the construction, installation, or modification is for the purpose of making the dwelling more accessible to a severely disabled person.

(4) The construction, installation, removal, or modification on or after the effective date of this paragraph of any portion or structural component of an existing building or structure if the construction, installation, removal, or modification is for the purpose of making the building more accessible to, or more usable by, a disabled person.

(5) The construction or addition, completed on or after January 1, 2019, of a rain water capture system, as defined by the Legislature.

Readability score

See also: Ballot measure readability scores, 2018

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The California attorney general wrote the ballot language for this measure. The FKGL for the ballot title is grade level 17, and the FRE is -11. The word count for the ballot title is 17, and the estimated reading time is 4 seconds. The FKGL for the ballot summary is grade level 17, and the FRE is 7. The word count for the ballot summary is 79, and the estimated reading time is 21 seconds. In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here. During the 10-year period from 1997 to 2007, political scientists Shauna Reilly and Sean Richey found that average California ballot title score was equivalent to 13 years of U.S. formal education.

Support

Save California Water led the campaign in support of Proposition 72.

Sen. Steve Glazer (D-7) sponsored the amendment in the California State Legislature.

Supporters

Parties

• California Democratic Party

Organizations

• League of California Cities
• Save the Bay
• Planning and Conservation League
• Trout Unlimited
• Rural County Representatives of California

Arguments

Sen. Steve Glazer (D-7), sponsor of the amendment, provided the following statement in support of the measure:

“

The reality in California is that we live in constant state of extremes. Historical weather patterns have shown that we go back and forth between times of heavy precipitation followed by times of intense drought. Californians need to expect this and do all we can to conserve water during times of heavy precipitation. Rainwater capture systems are a great way to accomplish this goal of water conservation. Rainwater capture systems collect, store and use rain water for landscape irrigation and other uses. Moreover, everyone benefits from the increased use of rainwater capture systems; when a business or individual employs captured rain water, water from conventional sources is freed for consumption by others. That is why I feel it is necessary to incentivize the proliferation of rainwater capture systems. A property tax exclusion created by this measure would do precisely that and lead to a significant expansion of rainwater capture systems throughout the state, all while contributing to the State's conservation efforts.

”

Other arguments in support of the measure included:

• Newsha Ajami, director of urban water policy at Stanford University, said, "I think this ballot measure is a great idea. It makes people part of the solution, rather than just being a consumer of goods. It connects people to where their water comes from."

Official arguments

Sen. Steve Glazer (D-7), David Lewis, executive director of Save The Bay, and Howard Penn, executive director of the Planning and Conservation League, wrote the official argument in support of Proposition 72 found in the state voter guide:

Yes on Proposition 72 will prevent a property tax increase on homeowners who install rainwater recycling systems that benefit our entire state. That is urgent because California has experienced periods of drought and will likely face more dry years in the future. More Water, Less Taxes. Eliminating the tax penalty for Californians who install systems to store and reuse water off our roofs will preserve more water for all of us and can lower water bills for millions of Californians. It preserves precious drinking water for California residents and enables us to draw less water from our lakes, rivers and streams, helping fish and wildlife that depend on fresh water for their habitat and food. Supported by Outdoor and Environmental Groups. Yes on Proposition 72 is supported by environmental groups thoughout California, including Save The Bay, Planning and Conservation League and Trout Unlimited. Water conservation and environmentally sensitive water storage are important elements of our anti-drought response. Under current law, taxes increase when property owners make home improvements— even when such improvements have statewide benefit. Proposition 72 would allow people to install rainwater capture systems without triggering higher taxes. Australia has experienced severe drought and has embraced rainwater recycling systems as part of their solution. Currently, one-third of the Australian homes capture rainwater from their roofs. California voters approved a similar tax reform for solar systems. Because homeowners are not required to pay higher taxes when they install rooftop solar, our electricity costs are lower. A Yes vote on Proposition 72 would allow us to follow this exact same path. Stop The Unfair Tax on Water Conservation! It is unfair and unwise to raise taxes on Californians who capture rainwater from their roofs in order to conserve our drinking water. That is why the California State Senate and State Assembly, on unanimous bi-partisan votes, agreed to place this measure on the ballot. Storing and reusing rainwater benefits all of us. People should not have to pay a tax penalty for conserving water. Please vote Yes on Proposition 72.

Opposition

Ballotpedia did not identified committees, organizations, or individuals opposing the ballot measure.

Arguments

Official arguments

There were no arguments in opposition to Proposition 72 submitted to the secretary of state to include in the official voter guide.

Campaign finance

See also: Campaign finance requirements for California ballot measures

Total campaign contributions:
Support:	$84,745.28
Opposition:	$0.00

There was one ballot measure committee registered in support of the measure. The committee Proposition 072 - SCA 9 (Resolution Chapter 1, Statutes of 2018), Glazer. Property Tax: New Construction Exclusion: Rain Water Capture System raised $84,745. The committee spent $52,189.

Anheuser Busch Companies provided the largest contribution to the PAC—$5,800.

There were no committees registered in opposition to the initiative.

Support

Committees in support of Proposition 72 Supporting committees Cash contributions In-kind services Cash expenditures Proposition 072 - SCA 9 (Resolution Chapter 1, Statutes of 2018), Glazer. Property Tax: New Construction Exclusion: Rain Water Capture System. $79,700.00 $5,045.28 $47,143.63 Total $79,700.00 $5,045.28 $47,143.63

Totals in support Total raised: $84,745.28 Total spent: $52,188.91

Donors

The following were the top five donors who contributed to the support committee:

Donor	Cash	In-kind	Total
Anheuser Busch Companies	$5,800.00	$0.00	$5,800.00
California Building Industry Association PAC	$5,500.00	$0.00	$5,500.00
DaVita	$5,500.00	$0.00	$5,500.00
Personal Insurance Federation of CA Agents & Employees PAC	$5,500.00	$0.00	$5,500.00
Wine Institute California	$5,500.00	$0.00	$5,500.00

Reporting dates

In California, ballot measure committees filed a total of four campaign finance reports in 2018. The filing dates for reports were as follows:

Campaign finance reporting dates for June 2018 ballot
Date	Report	Period
1/31/2018	Annual Report for 2017	1/01/2017 - 12/31/2017
4/26/2018	Report #1	1/01/2018 - 4/21/2018
5/24/2018	Report #2	4/22/2018 - 5/19/2018
7/31/2018	Report #3	5/20/2018 - 6/30/2018
1/31/2019	Annual Report for 2018	1/01/2018 - 12/31/2018

Media editorials

Support

• The Desert Sun said, "Seems like a bit of a joke that someone who is trying to maximize water usage in chronically drought-stricken California by capturing that which falls onto his or her roof is effectively penalized for doing so. ... This isn’t a joke. Proposition 72 deserves your support. Vote yes."
• Los Angeles Times said, "Proposition 72 is an important part of that historic change in attitude and governance. It has no official opponents. Californians should put it on the books as law. And then, if they haven't already, get themselves a rain barrel, or maybe even a cistern."
• The Mercury News said, "Californians have demonstrated the ability to be conservation-minded citizens when given the opportunity. Proposition 72 eliminates a tax penalty for home owners trying to help the state conserve water. Vote yes on June 5."
• Monterey County Herald said, "Proposition 72 also seems common sense. The measure would eliminate any tax penalty for homeowners who install rainwater capture systems. The reused water can irrigate lawns and gardens — a worthwhile goal in a state where the next drought is more frequently than not just over the horizon."
• The Orange County Register said, "There are no serious arguments to be made against Proposition 72. For those peculiar few out there who might be worried about how much less money government might get as a result of exempting construction of rainwater storage from property tax reassessments, the fiscal effects are expected to be minimal."
• The Press-Democrat said, "Homeowners wouldn’t get dunned for higher property taxes when they install rainwater-capture systems. Similar exemptions already exist for solar energy systems, fire sprinklers, seismic retrofits and upgrades for disabled access."
• The Sacramento Bee said, "Yes. Homeowners who install systems to capture rainwater – and irrigate lawns and gardens with it – should be encouraged. Instead, they can now be dinged on their property taxes for adding the improvement, which can cost thousands of dollars."
• San Diego Union-Tribune said, "A case can be made that simple tax codes without such carve-outs are best, but a far stronger argument is that drought-plagued California should incentivize water conservation however it can."
• San Francisco Chronicle said, "This measure qualifies for the “Odd Problem & Quick Fix” award. It erases a tax hit faced by homeowners who improve their property by installing rainwater recovery systems. The state allows other upgrades like solar panels or fire sprinklers a pass on higher assessments. Saving water in an often-parched state should qualify too. Vote Yes."

Opposition

Ballotpedia did not find any media editorial boards opposing Proposition 72. If you are aware of an editorial, please email it to editor@ballotpedia.org.

Background

Rainwater Capture Act of 2012

In September 2012, California enacted the Rainwater Capture Act (RCA), which received unanimous votes in both chambers of the state legislature. The RCA allowed landowners to install rainwater capture systems, such as rain barrels, to collect and store water from rooftops. Prior to the enactment of the RCA, collecting and storing rainwater required a permit from the State Water Resources Control Board.

Property taxes and new construction

As of 2018, properties in California were assessed for taxable value based on their cash value at the time when ownership changes, such as a home purchase. When a property owner adds new construction to his or her property, the new construction is assessed for taxable value as well. Prior to Proposition 72, adding a rainwater capture system to one's property counted as a new construction. Proposition 72 excluded rainwater capture systems from the definition of new construction, meaning the taxable value of a property would not increase because the property owner added a rainwater capture system.

In the 1980s and 1990s, voters approved multiple constitutional amendments to exclude certain property additions and changes from the definition of new construction, including:

• Proposition 7 (1980) excluded active solar energy systems.
• Proposition 23 (1984) excluded the reconstruction of unreinforced masonry bearing walls to comply with local earthquake safety ordinances.
• Proposition 31 (1984) excluded fire detection, extinguishing, and sprinkler systems.
• Proposition 110 (1990) excluded changes made to single or multi-family dwellings to make them more accessible to severely disabled persons.
• Proposition 127 (1990) excluded earthquake hazard mitigation technologies installed in existing buildings.
• Proposition 177 (1994) excluded changes made to buildings to make them more accessible to severely disabled persons.

Senate Bill 558

The implementing legislation for Proposition 72 was Senate Bill 558 (SB 558). SB 558 received bipartisan support in both chambers of the California State Legislature, with no legislators voting against the bill. Gov. Brown (D) signed the bill into law on January 31, 2018. The bill went into effect because voters approved Proposition 72. SB 558 provided a definition of rainwater capture systems, outline who can use the tax exclusion and how, and set the election date for the ballot measure, a sunset clause for when the tax exclusion expires, and a requirement for the state to reimburse local agencies for state-mandated costs.

The bill defined a rainwater capture system as:

... “rain water capture system” means a facility designed to capture, retain, and store rain water flowing off a building rooftop or other manmade aboveground hard surface for subsequent onsite use.

The bill allowed the property owner who added the rainwater capture system to claim the tax exclusion. If the owner who added the system did not occupy or use the property and did not claim the exclusion, then the first purchaser of the property is allowed to claim the exclusion. The property owner would need to file a claim with the tax assessor to demonstrate the purchase price of the rainwater capture system and any rebates received.

SB 558 included a sunset clause of January 1, 2029, meaning the tax exclusion would be available for 10 years from January 1, 2019, through January 1, 2029. The legislature would need to pass a new bill, but not a constitutional amendment, to keep the tax exclusion in effect after January 1, 2029.

Referred amendments on the ballot

From 1996 through 2016, the California State Legislature referred 28 constitutional amendments to the ballot. Voters approved 24 and rejected four of the referred amendments. Most of the amendments (23 of 28) were referred to the ballot during even-numbered election years. The average number of amendments appearing on the ballot during an even-numbered election year was two. In 2016, one referred amendment was on the ballot. The approval rate at the ballot box was 85.71 percent during the 20-year period from 1996 through 2016. The rejection rate was 14.29 percent.

Legislatively referred constitutional amendments, 1996-2016
Years	Total number	Approved	Percent approved	Defeated	Percent defeated	Annual average	Annual median	Annual minimum	Annual maximum
Even years	23	23	100.00%	0	0.00%	2.09	2.00	0	6
Odd years	5	1	20.00%	4	80.00%	0.45	0.00	0	4
All years	28	24	85.71%	4	14.29%	1.27	0.50	0	6

Path to the ballot

See also: Amending the California Constitution

In California, a constitutional amendment must be passed by a two-thirds vote in each chamber of the California State Legislature during one legislative session.

Sen. Steve Glazer (D-7) introduced the amendment into the state legislature as Senate Constitutional Amendment 9 (SCA 9) on February 16, 2017. On September 6, 2017, the California State Senate passed the amendment 39 to 0 with one member not voting. The 2017 legislative session ended on September 15, 2017, without the California State Assembly taking up the amendment. When the 2018 legislative session began on January 3, 2018, the amendment was referred to committee and then to the Assembly floor on January 29, 2018. Members of the state Assembly voted 76 to 0 with one member not voting to refer the amendment to the ballot. There were three vacant seats at the time of the vote.

The last day for a legislatively referred measure to be put on the June primary ballot was January 25, 2018. Legislators approved implementing legislation for the amendment on January 29, 2018, requiring the secretary of state to put the amendment on the ballot for the election on June 5, 2018. The implementing legislation, titled Senate Bill 558, required the signature of the governor. Gov. Brown (D) signed the bill into law on January 31, 2018, and the secretary of state put the amendment on the June 2018 ballot.

Vote in the California State Senate September 6, 2017
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 27  a
	Yes	No	Not voting
Total	39	0	1
Total percent	97.50%	0.00%	2.50%
Democrat	27	0	0
Republican	12	0	1

Vote in the California State Assembly January 29, 2018
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 52  a
	Yes	No	Not voting
Total	76	0	1
Total percent	98.70%	0.00%	1.30%
Democrat	51	0	1
Republican	25	0	0

How to cast a vote

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See also: Online voter registration

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Verifying your registration

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Voter ID requirements

California does not require voters to present identification before casting a ballot in most cases.

On September 29, 2024, Gov. Gavin Newsom (D) signed SB 1174 into law prohibiting any jurisdiction in the state from adopting a local law that requires voters to present ID before voting.

The federal Help America Vote Act requires that individuals who register to vote by mail and who have not voted previously in a federal election in their state must provide either their driver's license or a paycheck, bank statement, current utility bill, or government document showing their name and address. Individuals voting by mail must include a copy of one of those documents with their absentee/mail-in ballot.

These requirements do not apply if an individual submitted a copy of their identification, their driver's license number or the last four digits of their Social Security number when registering to vote.

The following list of accepted ID to comply with HAVA requirements was current as of October 2025. Click here for the California Secretary of State page to ensure you have the most current information.

“

Current and valid photo identification provided by a third party in the ordinary course of business that includes the name and photograph of the individual presenting it. Examples of photo identification include, but are not limited to, the following documents: driver's license or identification card of any state; passport; employee identification card; identification card provided by a commercial establishment; credit or debit card; military identification card; student identification card; health club identification card; insurance plan identification card; or public housing identification card. Any of the following documents, provided that the document includes the name and address of the individual presenting it, and is dated since the date of the last general election…: utility bill; bank statement; government check; government paycheck; document issued by a governmental agency; sample ballot or other official elections document issued by a governmental, agency dated for the election in which the individual is providing it as proof, of residency or identity; voter notification card issued by a governmental agency; public housing identification card issued by a governmental agency; lease or rental statement or agreement issued by a governmental agency; student identification card issued by a governmental agency; tuition statement or bill issued by a governmental agency; insurance plan card or drug discount card issued by a governmental agency; discharge certificates, pardons, or other official documents issued to the individual by a governmental agency in connection with the resolution of a criminal case, indictment, sentence, or other matter; public transportation authority senior citizen and disabled discount cards issued by a governmental agency; identification documents issued by governmental disability agencies; identification documents issued by government homeless shelters and other government temporary or transitional facilities; drug prescription issued by a government doctor or other governmental health care provider; property tax statement issued by a governmental agency; vehicle registration issued by a governmental agency; or vehicle certificate of ownership issued by a governmental agency.

”

See also

2018 measures

• 2018 ballot measures
• Taxes on the ballot
• Property on the ballot
• Water on the ballot

California

• California ballot measures
• California ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Senate Constitutional Amendment 9

Support

• Yes on Prop. 72: Save California Water website

Opposition

Email links to editor@ballotpedia.org.

Recent news

The link below is to the most recent stories in a Google news search for the terms California 2018 Rainwater Property Amendment. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

California Proposition 72, Rainwater Capture Systems Excluded from Property Tax Assessments Amendment (June 2018) - Google News