Amended in Senate April 5, 2016

Senate Bill No. 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 amended, Wolk. Water Conservation in Landscaping begin delete Act end delete begin insert Act. end insert

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 begin delete installation, expansion, end delete begin insert installation end insert or replacement of specified automatic irrigation begin delete systems end delete begin insert systems, or the expansion of the same specified automatic irrigation systems to increase the irrigated area by 25% or more, end insert for a landscape project on or after July 1, begin delete 2017. end delete begin insert 2018. end insert 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, begin delete 2017, end delete
begin insert 2018, end insert a written permit for the begin delete installation, expansion, end delete begin insert installation end insert
or replacement of any automatic irrigation begin delete system end delete begin insert system, or the
expansion of an existing automatic irrigation system to increase
the irrigated area by 25 percent or more, end insert 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.