BILL NUMBER: AB 1881 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Laird
JANUARY 23, 2006
An act to amend Sections 65591.2 and 65591.5 of, and to repeal
Section 65593 of, the Government Code, relating to water
conservation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1881, as introduced, Laird Water Conservation in Landscaping
Act.
The Water Conservation in Landscaping Act requires the Department
of Water Resources to appoint an advisory task force to work with the
department to draft a model local water efficient landscape
ordinance that local agencies may adopt, requires the task force to
submit the ordinance to the department on or before May 1, 1991, and
requires the task force to cease to exist on the date the department
adopts the model ordinance or January 1, 1992, whichever occurs
first.
This bill would repeal provisions regarding the advisory task
force.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65591.2 of the Government Code is amended to
read:
65591.2. The Legislature finds and declares all of the following:
(a) The waters of the state are of limited supply and are subject
to ever increasing demands.
(b) The continuation of California's economic prosperity is
dependent on adequate supplies of water being available for future
uses.
(c) It is the policy of the state to promote the conservation and
efficient use of water and to prevent the waste of this valuable
resource.
(d) Landscapes are essential to the quality of life in California
by providing areas for active and passive recreation and as an
enhancement to the environment by cleaning air and water, preventing
erosion, offering fire protection, and replacing ecosystems lost to
development.
(e) Landscape design, installation, and maintenance can and should
be water efficient.
(f) Section 2 of Article X of the California Constitution
specifies that the right to use water is limited to the amount
reasonably required for the beneficial use to be served and the right
does not and shall not extend to waste or unreasonable use or
unreasonable method of use.
SEC. 2. Section 65591.5 of the Government Code is amended to read:
65591.5. (a) It is the
intent of the Legislature that the Department of Water Resources
prepare and promote the use of a model water efficient landscape
ordinance which that local agencies may
adopt.
(b) It is the intent of the Legislature that the Department of
Water Resources adopt a model water efficient landscape ordinance
based on recommendations from a task force representing the
landscape, water, and building industries, local agencies, and
others.
(c) It is the intent of the Legislature that the task force reach
general agreement on those provisions which will be included in the
model water efficient landscape ordinance.
(d) It is the intent of the Legislature that the task force
consider the most recent information on efficient landscape
irrigation technologies and those elements of existing water
efficient landscape ordinances which have proven successful in
reducing water consumption.
(e) It is the intent of the Legislature that the model water
efficient landscape ordinance developed pursuant to this article
promote the most efficient use of water in the landscape while
respecting the economic, environmental, aesthetic, and lifestyle
choices of individuals and property owners.
SEC. 3. Section 65593 of the Government Code is repealed.
65593. Not later than February 1, 1991, the department shall
appoint an advisory task force to work with department staff in the
drafting of a model water efficient landscape ordinance. The task
force shall consist of the following members:
(a) One member selected from a list provided by the League of
California Cities.
(b) One member selected from a list provided by the County
Supervisors Association of California.
(c) One member selected from a list provided by a recognized
professional association in California representing water agencies.
(d) One member selected from a list provided by a recognized
association in California representing commercial builders.
(e) One member selected from a list provided by a recognized
professional association in California representing residential
builders.
(f) One member representing a nonprofit environmental protection
organization or a water conservation organization whose principal
purpose includes promoting the efficient use of water or water
conservation.
(g) One member selected from a list provided by a recognized
professional association in California representing the nursery
industry.
(h) One member selected from a list provided by a recognized
professional association in California representing landscape
contractors.
(i) One member selected from a list provided by a recognized
professional association in California representing landscape
architects.
(j) One member selected from a list provided by a recognized
professional association in California representing the manufacturers
or designers of irrigation equipment.
(k) One member representing the Green Industry Council of
California.
(l) One member selected from a list provided by a recognized
association in California representing the growers or producers of
turf grass.
(m) One member selected by the Director of Water Resources.
Membership of the task force shall, to the extent practicable, be
representative of the state's cultural, racial, and ethnic diversity
and gender balance.
All meetings of the task force shall be subject to Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code.
The Legislature declares that some individuals appointed as
members of the task force must be chosen as representatives of the
industries and professions impacted by local water conservation
ordinances, and that their representation of these industries and
professions does serve the general public interest as they have
unique information, expertise, and experience on the issue of water
conservation and landscaping that should be taken into consideration
by the department as it considers the development of model water
conservation ordinances. Therefore, for purposes of persons who hold
this office, the industries and professions which are represented on
the task force constitute the public generally within the meaning of
Section 87103 of the Government Code in those decisions impacting
those specific industries and professions, unless the results of
their actions taken as task force members have a material financial
effect on those members distinguishable from their effect on other
members of their respective industries and professions generally.
The task force shall submit the recommended model local water
efficient landscape ordinance to the department on or before May 1,
1991.
The department shall adopt a model local water efficient landscape
ordinance based on the recommendations of the task force.
The task force shall cease to exist on the date the department
adopts a model local water efficient landscape ordinance or January
1, 1992, whichever occurs first.