BILL NUMBER: AB 2525 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Holden
FEBRUARY 19, 2016
An act to add Part 2.13 (commencing with Section 10960) to
Division 6 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2525, as introduced, Holden. Water-efficient landscaping.
The California Constitution requires that the water resources of
the state be put to beneficial use to the fullest extent of which
they are capable and that the waste or unreasonable use or
unreasonable method of use of water be prevented. 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. Existing law requires each local agency to
adopt either the updated model water-efficient landscape ordinance or
an ordinance that is at least as effective in conserving water as
the updated model ordinance. If the local agency does not make a
selection, the model ordinance shall apply within the jurisdiction of
the local agency.
This bill would require the department to create the California
Water Efficient Landscaping Program for the purpose of encouraging
local agencies and water purveyors to use economic incentives that
promote the efficient use of water, promote the benefits of
consistent landscape ordinances, and support and enhance turf
replacement. This bill would create the Water Efficient Landscaping
Fund and provide that moneys in the fund are available, upon
appropriation by the Legislature, to the department for certain
purposes.
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. (a) The Legislature finds and declares as follows:
(1) The waters of the state are of limited supply and are subject
to ever-increasing demand.
(2) Landscapes are essential to the quality of life in California
by providing areas for active and passive recreation and as an
enhancement to the environment by cleaning air and water, preventing
erosion, offering fire protection, and replacing ecosystems lost to
development.
(3) Landscape design, installation, maintenance, and management
can and should be water efficient.
(4) Section 2 of Article X of the California Constitution
specifies that the right to use water is limited to the amount
reasonably required for the beneficial use to be served and that the
right does not extend to the waste or unreasonable use of water.
(5) Landscapes that are planned, designed, installed, managed, and
maintained with a watershed-based approach can improve California's
environmental conditions, provide benefits, and realize
sustainability goals such as the reduction in greenhouse gas
emissions and recycling goals, and conserve energy. These landscapes
will make the urban environment resilient in the face of climatic
extremes.
(6) Creating the conditions to support life in the soil by
reducing compaction, incorporating organic matter that increases
water retention, and promoting productive plant growth leads to more
carbon storage, oxygen production, shade, habitat, and aesthetic
benefits.
(7) Energy use can be minimized by reducing irrigation water
requirements, reducing reliance on petroleum-based fertilizers and
pesticides, and planting climate-appropriate edible and shade trees
in urban areas.
(8) Water can be conserved by capturing and reusing rainwater and
graywater wherever possible and selecting climate-appropriate plants
that need minimal supplemental water after establishment.
(9) Air and water quality can be protected by reducing power
equipment use and landfill disposal trips, selecting recycled and
local sources of material, and using compost mulch and efficient
irrigation equipment to prevent erosion.
(10) Existing habitat can be protected and new habitat created by
choosing local native plants and climate-adapted nonnatives, avoiding
invasive plants, and using integrated pest management with the least
toxic methods as a first course of action.
(11) Stormwater management practices can minimize runoff and
increase infiltration that recharges groundwater and improves water
quality. Implementing stormwater best management practices into the
landscape and grading design plans to minimize runoff and increase
onsite rainwater retention and infiltration should be encouraged.
(b) It is the intent of the Legislature that the California Water
Efficient Landscaping Program furthers and accomplishes water
conservation, energy efficiency, and greenhouse gas emissions
reduction and climate adaptation.
SEC. 2. Part 2.13 (commencing with Section 10960) is added to
Division 6 of the Water Code, to read:
PART 2.13. California Water Efficient Landscaping Program
10960. The department shall create the California Water Efficient
Landscaping Program for the purpose of encouraging local agencies
and water purveyors to use economic incentives that promote the
efficient use of water, promote the benefits of consistent landscape
ordinances in accordance with Article 10.8 (commencing with Section
65591) of Chapter 3 of Division 1 of Title 7 of the Government Code,
and support and enhance turf replacement.
10961. The program created pursuant to this part shall contain
the following three elements:
(a) A residential turf rebate program.
(b) A jobs program.
(c) Public education for ecolandscaping practices in collaboration
with local agencies.
10962. The Water Efficient Landscaping Fund is hereby created in
the State Treasury. Moneys in the fund are available, upon
appropriation by the Legislature, to the department for the following
purposes:
(a) Turf replacement of up to two dollars ($2) per square foot.
(b) The purchase of tools, plants, soil, mulch, and materials
necessary to install water-efficient landscapes.
(c) Grants to local conservation corps certified by the California
Conservation Corps for projects that promote the use of recycled
organics, compost, and mulch, including, but not limited to, the
following:
(1) Projects that protect green spaces and urban canopies in
disadvantaged and low-income communities from the threat of drought.
(2) Projects that include turf replacement programs and projects
that develop drought-resistant or rain garden plantscapes for
families that qualify for the state Low-Income Home Energy Assistance
Program (LIHEAP).
(3) Projects that develop community healthy food gardens and
landscapes.
(d) Administration of this part.
10963. In creating the program pursuant to this part, the
department shall consider the following:
(a) That landscapes be designed for capture and infiltration
capacity that is sufficient to prevent runoff to impervious surfaces
and help prevent flooding.
(b) The grading of impervious surfaces such as driveways during
construction to drain to vegetated areas.
(c) That the area of impervious surfaces, including, but not
limited to, paved areas, roofs, and concrete driveways, be minimized.
(d) Incorporation of pervious and porous surfaces that minimize
runoff, including, but not limited to, permeable pavers or blocks, or
pervious or porous concrete.
(e) Directing runoff from paved surfaces and roof areas into
planting beds and landscaped areas to maximize site water capture and
reuse.
(f) Incorporation of rain gardens, cisterns, and other rain
harvesting or catchment systems.
(g) Incorporation of infiltration beds, swales, basins, and dry
wells to capture stormwater and dry weather runoff and to increase
percolation in the soil.
(h) Encouraging the use of constructed wetlands and ponds that
retain water, equalize excess flow, and filter pollutants.
(i) Education as a critical component to promote the efficient use
of water in landscapes.
(j) Encouraging the use of appropriate principles of design,
installation, management, and maintenance that save water.
(k) Incentivizing the participation in turf replacement programs
by disadvantaged communities in drought relief areas.
(l) Prioritizing the participation in turf replacement programs
for families that qualify for the (LIHEAP) Low-Income Home Energy
Assistance Program (LIHEAP).
(m) Equity and fairness statewide in reimbursement rates for turf
replacement programs.
10964. In carrying out the program pursuant to this part, the
department may use the services of the California Conservation Corps
or certified community conservation corps, as defined in Section
14507.5 of the Public Resources Code.
10965. The following requirements apply to a project that
receives a grant pursuant to Section 10962:
(a) The project shall use compost and mulch from recycled organic
materials.
(b) The project shall leverage local, state, and federal funds.
(c) The department shall give priority to projects that would aid
community green spaces and urban canopies at the greatest risk from
drought.