BILL NUMBER: AB 1881 CHAPTERED
BILL TEXT
CHAPTER 559
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2006
APPROVED BY GOVERNOR SEPTEMBER 28, 2006
PASSED THE ASSEMBLY AUGUST 30, 2006
PASSED THE SENATE AUGUST 28, 2006
AMENDED IN SENATE AUGUST 23, 2006
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN SENATE JUNE 12, 2006
AMENDED IN ASSEMBLY MAY 4, 2006
AMENDED IN ASSEMBLY APRIL 6, 2006
INTRODUCED BY Assembly Member Laird
JANUARY 23, 2006
An act to add Section 1353.8 to the Civil Code, to repeal and add
Article 10.8 (commencing with Section 65591) of Chapter 3 of Division
1 of Title 7 of the Government Code, to add Section 25401.9 to the
Public Resources Code, and to add Article 4.5 (commencing with
Section 535) to Chapter 8 of Division 1 of the Water Code, relating
to water conservation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1881, Laird Water conservation.
(1) Existing law, the Davis-Sterling Common Interest Development
Act, defines and regulates common interest developments, which
include community apartment projects, condominium projects, planned
developments, and stock cooperatives.
This bill would provide that the architectural guidelines of a
common interest development shall not prohibit or include conditions
that have the effect of prohibiting the use of low water-using plants
as a group.
(2) 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. The act requires the department, not later than January
1, 1992, to adopt a model local water efficient landscape ordinance
which each local agency may adopt. The act makes the model local
water efficient landscape ordinance adopted by the department
applicable within the jurisdiction of a local agency if that local
agency, by January 1, 1993, has not adopted a water efficient
landscape ordinance or has not adopted certain findings that the
adoption of the ordinance is unnecessary.
This bill would specify that the provision making the model
ordinance applicable to a local agency on and after January 1, 1993,
does not apply to chartered cities. The bill would require the
department, to the extent funds are appropriated, not later than
January 1, 2009, by regulation, to update the model ordinance in
accordance with specified requirements. The bill would require the
department to prepare and submit to the Legislature a prescribed
report before the adoption of the updated model ordinance. The bill
would require a local agency, not later than January 1, 2010, to
adopt the updated model ordinance or other water efficient landscape
ordinance that is at least as effective in conserving water as the
updated model ordinance. The bill would make the updated model
ordinance applicable within the jurisdiction of a local agency,
including a chartered city, if, by January 1, 2010, the local agency
has not adopted its own water efficient landscape ordinance or the
updated model ordinance. The bill would require each local agency,
not later than January 31, 2010, to notify the department as to
whether the local agency is subject to the department's updated model
ordinance and, if not, to submit to the department a copy of the
water efficient landscape ordinance adopted by the local agency,
among other documents. The bill would require the department, to the
extent funds are appropriated, not later than January 31, 2011, to
prepare and submit a report to the Legislature relating to the status
of water efficient landscape ordinances adopted by local agencies.
By imposing requirements on local agencies in connection with the
adoption of water efficient landscape ordinances, the bill would
impose a state-mandated local program.
(3) Existing law requires the State Energy Resources Conservation
and Development Commission (Energy Commission), after one or more
public hearings, to take specified action to reduce the wasteful,
uneconomic, inefficient, or unnecessary consumption of energy.
Existing law requires the Energy Commission, by January 1, 2004, to
amend specified regulations to require that residential clothes
washers manufactured on or after January 1, 2007, be at least as
water efficient as commercial clothes washers, and to take certain
other related action.
This bill would require the Energy Commission, in consultation
with the department, to adopt, to the extent funds are available, by
regulation performance standards and labeling requirements for
landscape irrigation equipment, including irrigation controllers,
moisture sensors, emission devices, and valves to reduce the
wasteful, uneconomic, inefficient, or unnecessary consumption of
energy or water. The bill would require the Energy Commission to
adopt those requirements for landscape irrigation controllers and
moisture sensors by January 1, 2010, and, on and after January 1,
2012, would prohibit the sale or installation of an irrigation
controller or moisture sensor for landscape use unless the controller
or sensor meets those adopted requirements. The bill would require
the Energy Commission, on or before January 1, 2010, to prepare and
submit to the Legislature a report that sets forth a proposed
schedule for adopting performance standards and labeling requirements
for emission devices and valves.
(4) Existing law generally requires an urban water supplier to
install water meters on all municipal and industrial service
connections located within its service area on or before January 1,
2025.
This bill would require a water purveyor as defined, to require as
a condition of new retail water service on and after January 1,
2008, the installation of separate water meters to measure the volume
of water used exclusively for landscape purposes. The bill would
make this requirement applicable to specified service connections.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1353.8 is added to the Civil Code, to read:
1353.8. The architectural guidelines of a common interest
development shall not prohibit or include conditions that have the
effect of prohibiting the use of low water-using plants as a group.
SEC. 2. Article 10.8 (commencing with Section 65591) of Chapter 3
of Division 1 of Title 7 of the Government Code is repealed.
SEC. 3. Article 10.8 (commencing with Section 65591) is added to
Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
Article 10.8. Water Conservation in Landscaping
65591. This article shall be known and may be cited as the Water
Conservation in Landscaping Act.
65592. Unless the context requires otherwise, the following
definitions govern the construction of this article:
(a) "Department" means the Department of Water Resources.
(b) "Local agency" means any city, county, or city and county,
including a charter city or charter county.
(c) "Water efficient landscape ordinance" means an ordinance or
resolution adopted by a local agency, or prepared by the department,
to address the efficient use of water in landscaping.
65593. 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, maintenance, and management
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.
(g) (1) The Legislature, pursuant to Chapter 682 of the Statutes
of 2004, requested the California Urban Water Conservation Council to
convene a stakeholders work group to develop recommendations for
improving the efficiency of water use in urban irrigated landscapes.
(2) The work group report includes a recommendation to update the
model water efficient landscape ordinance adopted by the department
pursuant to Chapter 1145 of the Statutes of 1990.
(3) It is the intent of the Legislature that the department
promote the use of this updated model ordinance.
(h) Notwithstanding Article 13 (commencing with Section 65700),
this article addresses a matter that is of statewide concern and is
not a municipal affair as that term is used in Section 5 of Article
XI of the California Constitution. Accordingly, it is the intent of
the Legislature that this article, except as provided in Section
65594, apply to all cities and counties, including charter cities and
charter counties.
65594. (a) Except as provided in Section 65595, if by January 1,
1993, a local agency did not adopt a water efficient landscape
ordinance and did not adopt findings based on climatic, geological,
or topographical conditions, or water availability that state that a
water efficient landscape ordinance is unnecessary, the model water
efficient landscape ordinance adopted by the department pursuant to
Chapter 1145 of the Statutes of 1990 shall apply within the
jurisdiction of the local agency as of that date, shall be enforced
by the local agency, and shall have the same force and effect as if
adopted by the local agency.
(b) Notwithstanding subdivision (b) of Section 65592, subdivision
(a) does not apply to chartered cities.
(c) This section shall apply only until the department updates the
model ordinance.
65595. (a) (1) To the extent funds are appropriated, not later
than January 1, 2009, by regulation, the department shall update the
model water efficient landscape ordinance adopted pursuant to Chapter
1145 of the Statutes of 1990, after holding one or more public
hearings. The updated model ordinance shall be based on the
recommendations set forth in the report prepared pursuant to Chapter
682 of the Statutes of 2004 and shall meet the requirements of
Section 65596.
(2) Before the adoption of the updated model ordinance pursuant to
paragraph (1), the department shall prepare and submit to the
Legislature a report relating to both of the following:
(A) The extent to which local agencies have complied with the
model water efficient landscape ordinance adopted pursuant to Chapter
1145 of the Statutes of 1990.
(B) The department's recommendations regarding the landscape water
budget component of the updated model ordinance described in
subdivision (b) of Section 65596.
(b) Not later than January 31, 2009, the department shall
distribute the updated model ordinance adopted pursuant to
subdivision (a) to all local agencies and other interested parties.
(c) On or before January 1, 2010, a local agency shall adopt one
of the following:
(1) A water efficient landscape ordinance that is, based on
evidence in the record, at least as effective in conserving water as
the updated model ordinance adopted by the department pursuant to
subdivision (a).
(2) The updated model ordinance described in paragraph (1).
(d) If the local agency has not adopted, on or before January 1,
2010, a water efficient landscape ordinance pursuant to subdivision
(c), the updated model ordinance adopted by the department pursuant
to subdivision (a) shall apply within the jurisdiction of the local
agency as of that date, shall be enforced by the local agency, and
shall have the same force and effect as if adopted by the local
agency.
(e) Nothing in this article shall be construed to require the
local agency's water efficient landscape ordinance to duplicate, or
to conflict with, a water efficiency program or measure implemented
by a public water system, as defined in Section 116275 of the Health
and Safety Code, within the jurisdictional boundaries of the local
agency.
65596. The updated model ordinance adopted pursuant to Section
65595 shall do all the following in order to reduce water use:
(a) Include provisions for water conservation and the appropriate
use and groupings of plants that are well-adapted to particular sites
and to particular climatic, soil, or topographic conditions. The
model ordinance shall not prohibit or require specific plant species,
but it may include conditions for the use of plant species or
encourage water conserving plants. However, the model ordinance shall
not include conditions that have the effect of prohibiting or
requiring specific plant species.
(b) Include a landscape water budget component that establishes
the maximum amount of water to be applied through the irrigation
system, based on climate, landscape size, irrigation efficiency, and
plant needs.
(c) Promote the benefits of consistent local ordinances in
neighboring areas.
(d) Encourage the capture and retention of stormwater onsite to
improve water use efficiency or water quality.
(e) Include provisions for the use of automatic irrigation systems
and irrigation schedules based on climatic conditions, specific
terrains and soil types, and other environmental conditions. The
model ordinance shall include references to local, state, and federal
laws and regulations regarding standards for water-conserving
irrigation equipment. The model ordinance may include climate
information for irrigation scheduling based on the California
Irrigation Management Information System.
(f) Include provisions for onsite soil assessment and soil
management plans that include grading and drainage to promote healthy
plant growth and to prevent excessive erosion and runoff, and the
use of mulches in shrub areas, garden beds, and landscaped areas
where appropriate.
(g) Promote the use of recycled water consistent with Article 4
(commencing with Section 13520) of Chapter 7 of Division 7 of the
Water Code.
(h) Seek to educate water users on the efficient use of water and
the benefits of doing so.
(i) Address regional differences, including fire prevention needs.
(j) Exempt landscaping that is part of a registered historical
site.
(k) Encourage the use of economic incentives to promote the
efficient use of water.
(l) Include provisions for landscape maintenance practices that
foster long-term landscape water conservation. Landscape maintenance
practices may include, but are not limited to, performing routine
irrigation system repair and adjustments, conducting water audits,
and prescribing the amount of water applied per landscaped acre.
(m) Include provisions to minimize landscape irrigation overspray
and runoff.
65597. Not later than January 31, 2010, each local agency shall
notify the department as to whether the local agency is subject to
the department's updated model ordinance adopted pursuant to Section
65595, and if not, shall submit to the department a copy of the water
efficient landscape ordinance adopted by the local agency, and a
copy of the local agency's findings and evidence in the record that
its water efficient landscape ordinance is at least as effective in
conserving water as the department's updated model ordinance. Not
later than January 31, 2011, the department shall, to the extent
funds are appropriated, prepare and submit a report to the
Legislature summarizing the status of water efficient landscape
ordinances adopted by local agencies.
65598. Any model ordinance adopted pursuant to this article shall
exempt cemeteries from all provisions of the ordinance except those
set forth in subdivisions (h), (k), and (l) of Section 65596. In
adopting language specific to cemeteries, the department shall
recognize the special landscape management needs of cemeteries.
65599. Any actions or proceedings to attach, review, set aside,
void, or annul the act, decision, or findings of a local agency on
the ground of noncompliance with this article shall be brought
pursuant to Section 1085 of the Code of Civil Procedure.
SEC. 4. Section 25401.9 is added to the Public Resources Code, to
read:
25401.9. (a) To the extent that funds are available, the
commission, in consultation with the Department of Water Resources,
shall adopt by regulation, after holding one or more public hearings,
performance standards and labeling requirements for landscape
irrigation equipment, including, but not limited to, irrigation
controllers, moisture sensors, emission devices, and valves, for the
purpose of reducing the wasteful, uneconomic, inefficient, or
unnecessary consumption of energy or water.
(b) For the purposes of complying with subdivision (a), the
commission shall do all of the following:
(1) Adopt performance standards and labeling requirements for
landscape irrigation controllers and moisture sensors on or before
January 1, 2010.
(2) Consider the Irrigation Association's Smart Water Application
Technology Program testing protocols when adopting performance
standards for landscape irrigation equipment, including, but not
limited to, irrigation controllers, moisture sensors, emission
devices, and valves.
(3) Prepare and submit a report to the Legislature, on or before
January 1, 2010, that sets forth on a proposed schedule for adopting
performance standards and labeling requirements for emission devices
and valves.
(c) On and after January 1, 2012, an irrigation controller or
moisture sensor for landscape irrigation uses may not be sold or
installed in the state unless the controller or sensor meets the
performance standards and labeling requirements established pursuant
to this section.
SEC. 5. Article 4.5 (commencing with Section 535) is added to
Chapter 8 of Division 1 of the Water Code, to read:
Article 4.5. Irrigated Landscape
535. (a) A water purveyor shall require as a condition of new
retail water service on and after January 1, 2008, the installation
of separate water meters to measure the volume of water used
exclusively for landscape purposes.
(b) Subdivision (a) does not apply to either of the following:
(1) Single-family residential connections.
(2) Connections used to supply water for the commercial production
of agricultural crops or livestock.
(c) Subdivision (a) applies only to a service connection for which
both of the following apply:
(1) The connection serves property with more than 5,000 square
feet of irrigated landscape.
(2) The connection is supplied by a water purveyor that serves 15
or more service connections.
(d) For the purposes of this section, "new retail water service"
means the installation of a new water meter where water service has
not been previously provided, and does not include applications for
new water service submitted before January 1, 2007.
SEC. 6. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.