BILL ANALYSIS Ó AB 2515 Page 1 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: AB 2515 Page 2 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 AB 2515 Page 3 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. AB 2515 Page 4 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 AB 2515 Page 5 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 AB 2515 Page 6 Opposition None on File Analysis Prepared by:Ryan Ojakian / W., P., & W. / (916) 319-2096