BILL ANALYSIS Ó
AB 2525
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Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
AB 2525
(Holden) - As Amended April 5, 2016
SUBJECT: Water-efficient landscaping.
SUMMARY: Requires the Department of Water Resources to create
the California Water Efficient Landscaping Program.
Specifically, this bill:
1)Requires the Department of Water Resources (DWR) to create the
California Water Efficient Landscaping Program (Program) for
the purpose of encouraging local agencies and water purveyors
to use economic incentives that promote the efficient use of
water, promote greenhouse gas emissions reduction and
sequestration, promote the benefits of consistent landscape
ordinances, as specified, and support and enhance water
inefficient grass replacement.
2)Defines "water inefficient grass replacement" to mean either
of the following improvements that substantially increases
water efficiency of outdoor landscapes:
a) The installation of a water efficient irrigation system,
including, but not limited to, the following:
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i) Low-energy, high-efficiency drip irrigation;
ii) Rain harvesting technology to prevent stormwater
runoff and promote water infiltration and supplemental
irrigation;
iii) Low-energy graywater infrastructure to supplement
outdoor irrigation supplies; and,
iv) Use of water efficiency application and monitoring
systems;
b) The installation of water efficient and climate friendly
landscape, including, but not limited to, the following:
i) The use of water efficient landscape design to
promote stormwater capture and water infiltration while
mitigating erosion;
ii) The installation of native plant species and other
drought tolerant plants;
iii) The installation of shade trees;
iv) The installation of edible plants and fruit trees;
v) The generous use of organic soil, compost and mulch;
and,
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vi) The lowest impact method of carbon water inefficient
grass replacement such as sheet mulching.
3)Requires the Program to contain the following three elements:
a) A residential water inefficient grass replacement rebate
program that provides financial incentives for the
installation of water efficient landscape improvements;
b) A jobs program; and,
c) A public education for landscaping with the watershed
approach in collaboration with local agencies.
4)Establishes the Water Efficient Landscaping Fund (Fund) in the
State Treasury, and requires money in the Fund, upon
appropriation by the Legislature to DWR, to be made available
for the following purposes:
a) Water inefficient grass replacement of up to $2 per
square foot;
b) The purchase of tools, plants, soil, mulch, water
efficient irrigation technologies, and materials necessary
to install water-efficient landscapes and irrigation
systems;
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,
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but not limited to, the following:
i) Projects that protect green spaces and urban
canopies in disadvantaged and low-income communities from
the threat of drought, including, but not limited to,
those communities identified by the California
Environmental Protection Agency's screening tool,
CalEnviroScreen 2.0;
ii) Projects that include water efficient landscape
improvements and projects that develop drought-resistant
or rain garden plantscapes for families that qualify for
the state Low-Income Home Energy Assistance Program; and,
iii) Projects that develop community health food gardens
and landscapes.
d) Administration of this part.
5)Requires DWR, in creating the Program, to 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
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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;
aa) Incentivizing the participation in water inefficient
grass replacement programs by disadvantaged communities in
drought relief areas;
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bb) Prioritizing the participation in water inefficient
grass replacement programs for families that qualify for
the Low-Income Home Energy Assistance Program;
cc) Equity and fairness statewide in reimbursement rates for
water inefficient grass replacement programs;
dd) Program design that maximizes greenhouse gas emissions
reductions of the water inefficient grass replacement
projects; and,
ee) Incentivizing installation of graywater systems that
conform with the California Plumbing Code, as specified.
6)Allows DWR, in carrying out the Program, to use the services
of the California Conservation Corps or certified community
conservation corps.
7)Specifies the following requirements to apply to a project
that receives a grant:
a) The project shall use compost and mulch from recycled
organic materials that maximize greenhouse gas emissions
reductions;
b) The project shall leverage local, state, and federal
funds; and,
c) DWR shall give priority to projects that would aid
community green spaces and urban canopies at the greatest
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risk from drought and climate impacts.
8)Makes a number of findings and declarations, including the
intent of the Legislature that the Program furthers and
accomplishes water conservation, energy efficiency, and
greenhouse gas emissions reduction and climate adaptation.
EXISTING LAW:
1)Prohibits a city or county from imposing a fine for a brown
lawn or failure to water a lawn during a period for which the
Governor has issued a state of emergency due to drought
conditions.
2)Prohibits cities and counties from enacting or enforcing any
ordinance or regulation that prohibits the installation of
drought tolerant landscaping, synthetic grass or artificial
turf on residential property.
3)Requires local agencies to have a water efficient landscape
ordinance or use the DWR model water efficient landscape
ordinance.
FISCAL EFFECT: This bill is keyed fiscal.
COMMENTS:
1)Bill Summary. This bill requires DWR 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
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greenhouse gas emissions reduction and sequestration, promote
the benefits of consistent landscape ordinances, and support
and enhance water inefficient grass replacement.
This bill is sponsored by the California Association of Local
Conservation Corps.
2)Author's Statement. According to the author, "On average
Californians use over 50% of their water on landscaping and
other outdoor uses. With many existing techniques and
improvements available to increase water efficiency and
conservation, California landscapes present a great and
largely untapped opportunity for reducing water use throughout
the state. Additionally, landscaping improvements provide
many co-benefits, including greenhouse gas emission
reductions, improved stormwater management, decreased energy
use, recycling and material reuse, increased water capture,
air quality improvements, and increased opportunities for
workforce training and job development."
3)Background. Governor Brown issued two proclamations of a State
of Emergency in early 2014 due to severe and ongoing drought
conditions. In light of the impacts of the drought on water
supply, the Governor issued Executive Order B-29-15 on April
1, 2015, which included orders to save water, increase
enforcement against water waste, invest in new technologies,
and streamline government response, as specified. Among its
provisions, the Executive Order required the State Water
Resources Control Board to impose restrictions to achieve a
statewide 25 percent reduction in potable urban water usage
through February 28, 2016, and required DWR to lead a
statewide initiative, in partnership with local agencies, to
replace 50 million square feet of lawns and ornamental turf
with drought tolerant landscapes. DWR is directed to provide
funding to allow for lawn replacement programs in underserved
communities to complement existing local programs.
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In response to the directive in the Executive Order, DWR has
developed the Turf Replacement Initiative, consisting of three
integrated program components:
a) A Residential Turf Rebate Program, which provides
customer rebates and contractor direct rebates for
residential turf removal and replacement efforts;
b) A Commercial, Industrial and Institutional Turf
Replacement Program targeting turf removal and replacement
on government and commercial sites in underserved
communities of the San Joaquin Valley; and,
c) A Statewide Campaign to Promote Drought Tolerant
Landscapes, which is a DWR partnership with state,
regional, local, and nonprofit entities to publicize the
rebate initiative and communicate the benefits of
converting lawns to drought tolerant landscapes, including
outreach, community engagement, and technical support.
The 2015 Budget Act included $25 million in Proposition 1
general obligation bond funds designated for water use
efficiency to fund DWR's Turf Replacement Initiative. This
level of funding was expected to support the conversion of
over 10 million square feet of turf. The guidelines for the
Residential Turf Rebate Program specify the state program
rebate amount was $2 per square foot of turf removed with a
maximum rebate of $2,000 per household. The guidelines
required rebated portions of converted landscapes to only
include low water use, drought tolerant, or California native
plants, and prohibit the use of rebates for live or synthetic
turf on converted landscapes.
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4)Prior Legislation:
a) AB 1881 (Laird), Chapter 559, Statues of 2006, required
the development and compliance with the model water
efficient landscape ordinance.
b) AB 1 (Brown), Chapter 62, Statues of 2015, prohibited a
city or county from imposing a fine for a brown lawn or
failure to water a lawn during a period for which the
Governor has issued a state of emergency due to drought
conditions.
c) AB 1164 (Gatto), Chapter 671, Statutes of 2015,
prohibited cities and counties from enacting or enforcing
any ordinance or regulation that prohibits the installation
of drought tolerant landscaping, synthetic grass or
artificial turf on residential property.
5)Funding. The Committee may wish to ask the author to discuss
how the Program will be funded and whether funding is
anticipated to be ongoing or one-time revenues.
6)Committee Amendments. The committee may wish to consider the
following amendments:
a) No Funding Identified. Given that there is no funding
source specified in the bill, the Committee may wish to
consider adding an amendment into the bill that makes the
creation of the program by DWR contingent upon
identification of a funding source either through
legislative enactment or in the State Budget.
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b) Drafting Error. The author has indicated that there was
a drafting error in the most recent set of amendments. The
author would like correct Part 2.13, Section 10960 (b) of
the Water Code, as follows:
(b) As used in this part, "water inefficient grass
replacement" means either both of the following
improvements that substantially increases water
efficiency of outdoor landscapes:
7)Arguments in Support. Supporters argue that this bill will
promote water conversation in urban landscapes through
economic incentives, and will conserve precious natural
resources by promoting more water efficient landscapes in
California.
8)Arguments in Opposition. None on file.
9)Double-Referral. This bill was heard by the Water, Parks and
Wildlife Committee on March 29, 2016, where it passed with a
10-3 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of Professional Landscape Designers - California
Chapter
Bay-Friendly Landscaping & Gardening Coalition
Building Owners & Managers Association of California
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California Association of Local Conservation Corps
California Building Industry Association
California Business Properties Association
California League of Conservation Voters
California Retailers Association
California Urban Water Conservation Council
Californians Against Waste
G3, Green Gardens Group
International Council of Shopping Centers
Mono Lake Committee
NAOIP, Commercial Real Estate Association
Nexus eWater
Sacramento Tree Foundation
Surfrider Foundation
Trust for Public Land
Yisrael Family Farm
Opposition
None on file
Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958
AB 2525
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