BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2515


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          Date of Hearing:  April 12, 2016


                  ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE


                                 Marc Levine, Chair


          AB 2515  
          (Weber) - As Amended April 5, 2016


          SUBJECT:  Water Conservation in Landscaping Act:  model water  
          efficient landscaping ordinance


          SUMMARY:  Requires the Department of Water Resources (DWR) to on  
          or before January 1, 2020, and at least every three years  
          thereafter update the model water-efficient landscape ordinance  
          (MWELO) or make a finding that an update is not useful or  
          effective.  Specifically, this bill:


          1)Requires DWR to hold at least one public hearing to determine  
            if the MWELO should be updated or make a finding that an  
            update is not useful or effective.


          2)Requires on or before June 30, 2017, that DWR enter into a  
            cooperative agreement with the Building Standards Commission,  
            the Department of Housing and Community Development and the  
            Division of the State Architect to coordinate the MWELO with  
            the triennial revision cycle of the building standards code.


          EXISTING LAW:  










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          1)Requires the building standards code to be updated every three  
            years with state agencies proposing changes at the front end  
            of that cycle.


          2)Requires local agencies to have a water efficient landscape  
            ordinance or DWR's MWELO will apply.  


          3)Directs DWR to form an Independent Technical Panel (ITP) to  
            provide information and recommendations to DWR and the  
            Legislature on new demand management measures, technologies  
            and approaches to water use efficiency.


          FISCAL EFFECT:  Unknown


          COMMENTS:  Requires DWR starting in 2020 to update the MWELO  
          every three years or find an update to be ineffective.


          1)Author's Statement: In this prolonged and serious drought,  
            everyone has been asked to do everything they can to conserve  
            water and improve water use efficiency.  With outdoor water  
            use constituting more than half of the average household water  
            use, attention to improving landscape irrigation efficiency  
            should be an ongoing focus.  
            


            Synchronization of the Model Water Efficient Landscape  
            Ordinance with the CALGreen building code revision cycle would  
            allow updated Model Water Efficient Landscape Ordinance  
            standards to be adopted in the CALGreen building code  
            revisions during the same triennial cycle.  This would provide  
            assurance to all state and local agencies, code officials, and  
            other stakeholders that the Department of Water Resources will  
            be a reliable and consistent partner in updating the Model  








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            Water Efficient Landscape Ordinance.





          2)Background: One of the recommendations out of the February  
            2016 draft Independent Technical Panel report to the  
            Legislature on Landscape Water Use Efficiency was to make the  
            policy change in this bill.  
            


            The policy in this bill would build on several actions that  
            were in the Governor's Executive Order B-29-15 from April  
            2015.  In particular, the executive order required DWR to  
            update the MWELO and required the State Water Resources  
            Control Board to prohibit outdoor irrigation with potable  
            water in new construction unless the irrigation was drip or  
            mircospray.  In response to the executive order the MWELO was  
            updated for the first time since 2010 and the Building  
            Standards Commission and the Department of Housing and  
            Community Development for the first time placed mandatory  
            water requirements on new construction.





            What was learned following those actions is that the process  
            for reducing outdoor water use between the Building Standards  
            Commission's regular triennial update is not well coordinated  
            with other departments.   Shortly after adoption some of the  
            positive steps taken toward outdoor water efficiency as a  
            result of the Executive Order were potentially going to be  
            rolled back because those actions were not synced up with the  
            process at the Building Standards Commission and were not  
            going to be included in the building code update.









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            As a matter of practice when a structure is newly constructed  
            or remodeled it must be "brought up to code".  In the case of  
            this policy, coordination between the building standards code  
            and the MWELO would provide a mechanism for compliance on  
            newly constructed or remodeled structures with the MWELO.   
            This bill will help ensure slippage in progress toward  
            improved landscape water efficiency does not occur and that  
            steady progress can be made.





            DWR has raised technical concerns related to cost with the  
            approach in this bill.  Should the bill move forward the  
            author may wish to address these concerns.





          3)Prior and Related Legislation:



               a)     AB 2525 (Holden) 2016 requires DWR to establish the  
                 California Water Efficient Landscaping Program, to among  
                 other things, promote the efficient use of water in  
                 landscaping. AB 2525 passed this committee 10-3 earlier  
                 this year.



               b)     AB 1928 (Campos) 2016 requires the State Energy  
                 Resources Conservation and Development Commission to  








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                 adopt landscape irrigation equipment performance  
                 standards and labeling requirements.  AB 1928 passed this  
                 committee 11-1 earlier this year.


               c)     AB 2617 (Mayes) 2016 requires the California Energy  
                 Commission to analyze the costs and benefits of  
                 incentives for various water efficiency measures.


               d)     AB 1420 (Laird) Chapter 628, Statutes of 2007,  
                 directed DWR to form the ITP.





               e)     AB 1881 (Laird), Chapter 559, Statues of 2006,  
                 required DWR to develop the MWELO and local agencies to  
                 comply with the MWELO.  


          4)Supporting Arguments: This bill will increase MWELO  
            enforcement and improve water efficiency. The bill will also  
            eliminate the current practice of updating MWELO in an  
            uncoordinated, unplanned, and ad hoc manner. 


          REGISTERED SUPPORT / OPPOSITION:




          Support


          San Diego County Water Authority










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          Opposition


          None on File




          Analysis Prepared by:Ryan Ojakian / W., P., & W. / (916)  
          319-2096