BILL NUMBER: SB 1340	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 65596 of the Government Code is amended to
read:
   65596.  The updated model ordinance adopted pursuant to Section
65595 shall do all the following in order to reduce water use:
   (a) Include provisions for water conservation and the appropriate
use and groupings of plants that are well-adapted to particular sites
and to particular climatic, soil, or topographic conditions. The
model ordinance shall not prohibit or require specific plant species,
but it may include conditions for the use of plant species or
encourage water conserving plants. However, the model ordinance shall
not include conditions that have the effect of prohibiting or
requiring specific plant species.
   (b) Include a landscape water budget component that establishes
the maximum amount of water to be applied through the irrigation
system, based on climate, landscape size, irrigation efficiency, and
plant needs.
   (c) Promote the benefits of consistent local ordinances in
neighboring areas.
   (d) Encourage the capture and retention of stormwater onsite to
improve water use efficiency or water quality.
   (e) Include provisions for the use of automatic irrigation systems
and irrigation schedules based on climatic conditions, specific
terrains and soil types, and other environmental conditions. The
model ordinance shall include references to local, state, and federal
laws and regulations regarding standards for water-conserving
irrigation equipment. The model ordinance may include climate
information for irrigation scheduling based on the California
Irrigation Management Information System (Chapter 2 (commencing with
Section 10015) of Part 1.5 of Division 6 of the Water Code ).
   (f) Include provisions for onsite soil assessment and soil
management plans that include grading and drainage to promote healthy
plant growth and to prevent excessive erosion and runoff, and the
use of mulches in shrub areas, garden beds, and landscaped areas
where appropriate.
   (g) Promote the use of recycled water consistent with Article 4
(commencing with Section 13520) of Chapter 7 of Division 7 of the
Water Code.
   (h) Seek to educate water users on the efficient use of water and
the benefits of doing so.
   (i) Address regional differences, including fire prevention needs.

   (j) Exempt landscaping that is part of a registered historical
site.
   (k) Encourage the use of economic incentives to promote the
efficient use of water.
   (l) Include provisions for landscape maintenance practices that
foster long-term landscape water conservation. Landscape maintenance
practices may include, but are not limited to, performing routine
irrigation system repair and adjustments, conducting water audits,
and prescribing the amount of water applied per landscaped acre.
   (m) Include provisions to minimize landscape irrigation overspray
and runoff. 
   (n) (1) Include a provision requiring, on or after July 1, 2017, a
written permit for the installation, expansion, or replacement of
any automatic irrigation system for a landscape project subject to
this article and not otherwise within the scope of a local agency
permit, if the irrigation system is to serve either of the following:

    (A)     A nonresidential landscape, except
a cemetery.  
   (B) A residential landscape of 10,000 square feet or greater.
 
   (2) Before issuing any permit required by paragraph (1), the
governing body of a local agency may adopt an ordinance prescribing
fees for filing an application for that permit, but the fees shall
not exceed the amount reasonably required by the local agency to
review applications and issue those permits, and shall not be levied
for general revenue purposes.