Amended in Assembly April 5, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2515

Introduced by Assembly Member Weber

February 19, 2016

An act to begin delete amend Section 1058.5 of the Water Code, relating to water. end delete begin insert add Section 65596.5 to the Government Code, relating to water efficient landscaping. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2515, as amended, Weber. begin delete State Water Resources Control Board: emergency conservation regulations. end delete begin insert Water Conservation in Landscaping Act: model water efficient landscaping ordinance. end insert

begin insert

Existing law, the Water Conservation in Landscaping Act, requires the Department of Water Resources to update its model water-efficient landscape ordinance by regulation and prescribes various requirements for the updated model ordinance.

end insert begin insert

This bill would require the department, on or before January 1, 2020, and every three years thereafter, to either update the model water-efficient landscaping ordinance or make a finding that an update to the model water-efficient landscaping ordinance at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance. The bill would additionally require the department, on or before June 30 2017, to enter into a cooperative agreement with the Building Standards Commission, the Department of Housing and Community Development, and the Division of the State Architect that sets out a timetable and mutual responsibilities for the coordination of the Department’s model water-efficient landscaping ordinance update process with the triennial revision cycle of the California Green Building Standards Code.

end insert begin delete

Under existing law, emergency regulations of the State Water Resources Control Board are not subject to review by the Office of Administrative Law if the state board adopts findings that the emergency regulations are adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water to promote water recycling or water conservation, and that the emergency regulations are adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by 2 or more consecutive below normal, dry, or critically dry years or during a period of a state of emergency based on drought conditions. Under existing law, a person who violates an emergency regulation adopted by the state board pursuant to these provisions is guilty of an infraction punishable by a fine of up to $500 for each day in which the violation occurs.

end delete begin delete

This bill would require that an emergency conservation regulation to conserve water adopted by the board be applicable on a county-by-county basis in order to give specific consideration to the facts and circumstances prevailing within each county.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 65596.5 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 65596.5. end insert   

(a) On or before January 1, 2020, and at least every
three years thereafter, the department, after holding one or more
public hearings, shall do one of the following:

(1) Update the model water-efficient landscape ordinance
adopted pursuant to Chapter 1145 of the Statutes of 1990.

(2) Make a finding that an update to the model water-efficient
landscape ordinance at that time is not a useful or effective means
to improve either the efficiency of landscape water use or the
administration of the ordinance.

(b) On or before June 30, 2017, the department shall enter into
a cooperative agreement with the Building Standards Commission,
the Department of Housing and Community Development, and the
Division of the State Architect that sets out a timetable and mutual
responsibilities for the coordination of the department’s model
water-efficient landscape ordinance update process with the
triennial revision cycle of the California Green Building Standards
Code (Part 11 of Title 24 of the California Code of Regulations).

end insert

begin delete

SECTION 1.  

Section 1058.5 of the Water Code is amended to
read:

1058.5.  

(a) This section applies to any emergency regulation
adopted by the board for which the board makes both of the
following findings:

(1) The emergency regulation is adopted to prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable
method of diversion, of water, to promote water recycling or water
conservation, to require curtailment of diversions when water is
not available under the diverter’s priority of right, or in furtherance
of any of the foregoing, to require reporting of diversion or use or
the preparation of monitoring reports.

(2) The emergency regulation is adopted in response to
conditions which exist, or are threatened, in a critically dry year
immediately preceded by two or more consecutive below normal,
dry, or critically dry years or during a period for which the
Governor has issued a proclamation of a state of emergency under
the California Emergency Services Act (Chapter 7 (commencing
with Section 8550) of Division 1 of Title 2 of the Government
Code) based on drought conditions.

(b) Notwithstanding Sections 11346.1 and 11349.6 of the
Government Code, any findings of emergency adopted by the
board, in connection with the adoption of an emergency regulation
under this section, are not subject to review by the Office of
Administrative Law.

(c) An emergency regulation adopted by the board under this
section may remain in effect for up to 270 days, as determined by
the board, and is deemed repealed immediately upon a finding by
the board that due to changed conditions it is no longer necessary
for the regulation to remain in effect. An emergency regulation
adopted by the board under this section may be renewed if the
board determines that the conditions specified in paragraph (2) of
subdivision (a) are still in effect.

(d) In addition to any other applicable civil or criminal penalties,
any person or entity who violates a regulation adopted by the board
pursuant to this section is guilty of an infraction punishable by a
fine of up to five hundred dollars ($500) for each day in which the
violation occurs.

(e) (1) Notwithstanding subdivision (b) of Section 1551,
subdivision (d) of Section 1845, and subdivision (f) of Section
1846, a civil liability imposed under Chapter 12 (commencing
with Section 1825) of Part 2 of Division 2 by the board or a court
for a violation of an emergency conservation regulation adopted
pursuant to this section shall be deposited, and separately accounted
for, in the Water Rights Fund. Funds deposited in accordance with
this subdivision shall be available, upon appropriation, for water
conservation activities and programs.

(2) An emergency conservation regulation to conserve water
adopted by the board shall be applicable on a county-by-county
basis in order to give specific consideration to the facts and
circumstances prevailing within each county.

(3) For purposes of this subdivision, an “emergency conservation
regulation” means an emergency regulation that requires an end
user of water, a water retailer, or a water wholesaler to conserve
water or report to the board on water conservation. Water
conservation includes restrictions or limitations on particular uses
of water or a reduction in the amount of water used or served, but
does not include curtailment of diversions when water is not
available under the diverter’s priority of right or reporting
requirements related to curtailments.

end delete