BILL NUMBER: AB 2515 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Weber
FEBRUARY 19, 2016
An act to amend Section 1058.5 of the Water Code,
relating to water. add Section 65596.5 to the
Government Code, relating to water efficient landscaping.
LEGISLATIVE COUNSEL'S DIGEST
AB 2515, as amended, Weber. State Water Resources Control
Board: emergency conservation regulations. Water
Conservation in Landscaping Act: model water efficient landscaping
ordinance.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65596.5 is added to the
Government Code , to read:
65596.5. (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).
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.