Senate BillNo. 1340


Introduced by Senator Wolk

February 19, 2016


An act to amend Section 65596 of the Government Code, relating to water conservation.

LEGISLATIVE COUNSEL’S DIGEST

SB 1340, as introduced, Wolk. Water Conservation in Landscaping Act

Existing law, the Water Conservation in Landscaping Act, requires the Department of Water Resources to update a specified 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.

The bill would add to the model water efficient landscape ordinance a permit requirement for the installation, expansion, or replacement of specified automatic irrigation systems for a landscape project on or after July 1, 2017. The bill would allow the governing body of a local agency to adopt an ordinance prescribing fees for filing an application for the permit, subject to the restrictions that the fees not exceed the amount reasonably required to review applications and issue the permits and that the fees not be levied for general revenue purposes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 65596 of the Government Code is
2amended to read:

3

65596.  

The updated model ordinance adopted pursuant to
4Section 65595 shall do all the following in order to reduce water
5use:

6(a) Include provisions for water conservation and the appropriate
7use and groupings of plants that are well-adapted to particular sites
8and to particular climatic, soil, or topographic conditions. The
9model ordinance shall not prohibit or require specific plant species,
10but it may include conditions for the use of plant species or
11encourage water conserving plants. However, the model ordinance
12shall not include conditions that have the effect of prohibiting or
13requiring specific plant species.

14(b) Include a landscape water budget component that establishes
15the maximum amount of water to be applied through the irrigation
16system, based on climate, landscape size, irrigation efficiency, and
17plant needs.

18(c) Promote the benefits of consistent local ordinances in
19neighboring areas.

20(d) Encourage the capture and retention of stormwater onsite
21to improve water use efficiency or water quality.

22(e) Include provisions for the use of automatic irrigation systems
23and irrigation schedules based on climatic conditions, specific
24terrains and soil types, and other environmental conditions. The
25model ordinance shall include references to local, state, and federal
26laws and regulations regarding standards for water-conserving
27irrigation equipment. The model ordinance may include climate
28information for irrigation scheduling based on the California
29Irrigation Management Information System (Chapter 2
30(commencing with Section 10015) of Part 1.5 of Division 6 of the
31Water Code ).

32(f) Include provisions for onsite soil assessment and soil
33management plans that include grading and drainage to promote
34healthy plant growth and to prevent excessive erosion and runoff,
35and the use of mulches in shrub areas, garden beds, and landscaped
36areas where appropriate.

P3    1(g) Promote the use of recycled water consistent with Article 4
2(commencing with Section 13520) of Chapter 7 of Division 7 of
3the Water Code.

4(h) Seek to educate water users on the efficient use of water and
5the benefits of doing so.

6(i) Address regional differences, including fire prevention needs.

7(j) Exempt landscaping that is part of a registered historical site.

8(k) Encourage the use of economic incentives to promote the
9efficient use of water.

10(l) Include provisions for landscape maintenance practices that
11foster long-term landscape water conservation. Landscape
12maintenance practices may include, but are not limited to,
13performing routine irrigation system repair and adjustments,
14conducting water audits, and prescribing the amount of water
15applied per landscaped acre.

16(m) Include provisions to minimize landscape irrigation
17overspray and runoff.

begin insert

18(n) (1) Include a provision requiring, on or after July 1, 2017,
19a written permit for the installation, expansion, or replacement of
20any automatic irrigation system for a landscape project subject
21to this article and not otherwise within the scope of a local agency
22permit, if the irrigation system is to serve either of the following:

end insert

23begin insert(A)end insertbegin insertend insertbegin insertA nonresidential landscape, except a cemetery.end insert

begin insert

24(B) A residential landscape of 10,000 square feet or greater.

end insert
begin insert

25(2) Before issuing any permit required by paragraph (1), the
26governing body of a local agency may adopt an ordinance
27prescribing fees for filing an application for that permit, but the
28fees shall not exceed the amount reasonably required by the local
29agency to review applications and issue those permits, and shall
30not be levied for general revenue purposes.

end insert


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