BILL ANALYSIS Ó SENATE COMMITTEE ON NATURAL RESOURCES AND WATER Senator Fran Pavley, Chair 2015 - 2016 Regular Bill No: AB 2515 Hearing Date: June 28, 2016 ----------------------------------------------------------------- |Author: |Weber | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |May 27, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Dennis O'Connor | | | | ----------------------------------------------------------------- Subject: Water Conservation in Landscaping Act: model water-efficient landscaping ordinance BACKGROUND AND EXISTING LAW 1.The California Building Standards Law: Establishes the California Building Standards Commission (CBSC) and the process for adopting, and updating every three years, the California Building Code. Authorizes the CBSC to adopt green building standards. These standards are maintained in a separate chapter of the California Building Code, known as the CalGreen Code. 1.The Water Conservation in Landscaping Act: Required the Department of Water Resources (DWR) to prepare a Model Water Efficient Landscape Ordinance (MWELO). The Act required all local agencies to adopt a landscape ordinance by 1993 or the model ordinance would automatically take effect. A local agency could make findings that an ordinance was unnecessary if certain conditions existed. A 2006 bill, AB 1881 (Laird), revised the act significantly. Among other things, it required DWR to revise the model ordinance by January 2009. AB 2515 (Weber) Page 2 of ? DWR adopted the revised Model Water Efficient Landscape Ordinance on September 10, 2010. 1.On April 1, 2015, the Governor issued an executive order regarding the ongoing drought. Among its provisions was direction to DWR to update the model ordinance through expedited regulation. This update was to increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater usage, onsite storm water capture, and by limiting the portion of landscapes that can be covered in turf. On July 15, 2015, the California Water Commission approved DWR's revision to the model ordinance. AB 2515 (Weber) Page 3 of ? PROPOSED LAW This bill would require DWR, by January 1, 2020, and at least every three years thereafter, to do one of the following: Update the MWELO. Make a finding that an update to the MWELO 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 further require DWR, upon updating the MWELO, to submit the update to the Building Standards Commission for consideration during the triennial revision process of the CalGreen Code. The bill also makes a number of findings regarding the importance of the MWELO and the advantage of synchronizing the updates with the triennial cycle for revisions of the CalGreen Code. ARGUMENTS IN SUPPORT According to the author, "With California experiencing prolonged and serious drought conditions over the past 4 years, everyone - including homeowners, renters, businesses, government agencies, schools - has been asked to do everything they can to conserve water and improve water use efficiency. With outdoor water use consisting more than half the average household water use, attention to improving landscape irrigation efficiency should be an ongoing focus." "Synchronization of the Model Water Efficient Landscape Ordinance revision cycle 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. A synchronized revision cycle would also eliminate the current practice of updating Model Water Efficient Landscape Ordinance in an uncoordinated, unplanned, and ad hoc manner." ARGUMENTS IN OPPOSITION: None received AB 2515 (Weber) Page 4 of ? COMMENTS Related Bills: AB 1928(Campos) - would require the Energy Commission, by January 1, 2018, to adopt landscape irrigation equipment performance standards and labeling requirements. The sale of landscape irrigation equipment that does not meet those established performance standards and labeling requirements would be banned beginning January 1, 2020. SB 1340 (Wolk) - would add to the model water efficient landscape ordinance a permit requirement for the installation or replacement of specified automatic irrigation systems, or the expansion of the same specified automatic irrigation systems to increase the irrigated area by 25% or more, for a landscape project on or after July 1, 2018. SUGGESTED AMENDMENTS: None SUPPORT San Diego County Water Authority (sponsor) Association of California Water Agencies California Landscape Contractors Association Nexus eWater Inc. San Diego County Water Authority Sierra Club California Upper San Gabriel Valley Municipal Water District OPPOSITION: None Received -- END --