Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2525

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 amended, 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 begin delete turf end delete begin insert water inefficient grass end insert 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 begin delete development. end delete begin insert development, among other
benefits. end insert

(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 begin delete reducing end delete begin insert using efficient end insert
irrigation begin delete water requirements, end delete begin insert systems, end insert reducing reliance on
petroleum-based fertilizers and pesticides, and planting
climate-appropriate edible begin insert plants end insert 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 begin delete reducing power
equipment use and end delete begin insert using low end insert begin insert - or zero end insert begin insert -emissions outdoor
equipment, reducing end insert landfill disposal trips, selecting recycled and
local sources of material, begin delete and end delete using compost mulch and efficient
irrigation begin delete equipment end delete begin insert equipment, and designing landscapes end insert to
prevent erosion.

(10) Existing habitat can be protected and new habitat created
by choosing local native plants and climate-adapted begin delete nonnatives, end delete
begin insert plants, end insert avoiding invasive plants, and using begin insert environmentally sound end insert
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.  

begin insert (a) end insert begin insert   end insert 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, begin insert promote greenhouse gas
emissions reduction and sequestration, end insert 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 begin delete turf end delete
begin insert water inefficient grass end insert replacement.

begin insert

(b) As used in this part, “water inefficient grass replacement”
means either of the following improvements that substantially
increases water efficiency of outdoor landscapes:

end insert begin insert

(1) The installation of a water efficient irrigation system,
including, but not limited to, the following:

end insert begin insert

(A) Low-energy, high-efficiency drip irrigation.

end insert begin insert

(B) Rain harvesting technology to prevent stormwater runoff
and promote water infiltration and supplemental irrigation.

end insert begin insert

(C) Low-energy graywater infrastructure to supplement outdoor
irrigation supplies.

end insert begin insert

(D) Use of water efficiency application and monitoring systems.

end insert begin insert

(2) The installation of water efficient and climate friendly
landscape, including, but not limited to, the following:

end insert begin insert

(A) The use of water efficient landscape design to promote
stormwater capture and water infiltration while mitigating erosion.

end insert begin insert

(B) The installation of native plant species and other drought
tolerant plants.

end insert begin insert

(C) The installation of shade trees.

end insert begin insert

(D) The installation of edible plants and fruit trees.

end insert begin insert

(E) The generous use of organic soil, compost, and mulch.

end insert begin insert

(F) The lowest impact method of carbon water inefficient grass
replacement such as sheet mulching.

end insert

10961.  

The program created pursuant to this part shall contain
the following three elements:

(a) A residential begin delete turf end delete begin insert water inefficient grass replacement end insert rebate

begin delete program. end delete begin insert program that provides financial incentives for the
installation of water efficient landscape improvements. end insert

(b) A jobs program.

(c) Public education for begin delete ecolandscaping practices end delete begin insert landscaping
with the watershed approach end insert 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)  begin delete Turf end delete begin insert Water inefficient grass end insert replacement of up to two dollars
($2) per square foot.

(b) The purchase of tools, plants, soil, mulch, begin insert water efficient
irrigation technologies, end insert and materials necessary to install
water-efficient begin delete landscapes. end delete begin insert landscapes and irrigation systems. end insert

(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

begin delete drought. end delete begin insert drought, including, but not limited to, those communities
identified by the California Environmental Protection Agency’s
screening tool, CalEnviroScreen 2.0. end insert

(2) Projects that include begin delete turf replacement programs end delete begin insert water
efficient landscape improvements end insert and projects that develop
drought-resistant or rain garden plantscapes for families that qualify
for the state Low-Income Home Energy Assistance begin delete Program
(LIHEAP). end delete begin insert Program. end insert

(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 begin delete turf end delete begin insert water inefficient grass end insert
replacement programs by disadvantaged communities in drought
relief areas.

(l) Prioritizing the participation in begin delete turf end delete begin insert water inefficient grass end insert
replacement programs for families that qualify for the begin delete (LIHEAP) end delete
Low-Income Home Energy Assistance begin delete Program (LIHEAP). end delete

begin insert Program. end insert

(m) Equity and fairness statewide in reimbursement rates for
begin delete turf end delete begin insert water inefficient grass end insert replacement programs.

begin insert

(n) Program design that maximizes greenhouse gas emissions
reductions of the water inefficient grass replacement projects.

end insert begin insert

(o) Incentivizing installation of graywater systems that conform
with the California Plumbing Code (Part 5 of Title 24 of the
California Code of Regulations).

end insert

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 begin delete materials. end delete begin insert materials that maximize greenhouse gas
emissions reductions. end insert

(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 begin delete drought. end delete begin insert drought and climate impacts. end insert