Amended in Assembly June 8, 2016

Amended in Senate April 5, 2016

Senate Bill No. 1340

Introduced by Senator Wolk

February 19, 2016

An act to amend Section begin delete 65596 end delete begin insert 65595 end insert of the Government Code, relating to water conservation.

LEGISLATIVE COUNSEL’S DIGEST

SB 1340, as amended, 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.

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The

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begin insert This end insert bill begin delete would add to the model water efficient landscape ordinance end delete begin insert would, on or after July 1, 2018, require a local agency to require end insert a permit begin delete requirement end delete for the installation begin delete or replacement end delete of specified automatic irrigation systems, or the expansion of the same specified automatic irrigation systems to increase the irrigated area by 25% or more, for a landscape begin delete project on or after July 1, 2018. end delete begin insert project. 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. begin insert The bill would authorize a property owner, property manager, landscape contractor, landscape architect, or any other agent designated by the property owner to submit the application for a permit required pursuant to these provisions for an irrigation system serving a residential landscape. end insert

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 65595 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

65595.  

(a) (1) To the extent funds are appropriated, not later
than January 1, 2009, by regulation, the department shall update
the model water efficient landscape ordinance adopted pursuant
to Chapter 1145 of the Statutes of 1990, after holding one or more
public hearings. The updated model ordinance shall be based on
the recommendations set forth in the report prepared pursuant to
Chapter 682 of the Statutes of 2004 and shall meet the requirements
of Section 65596.

(2) Before the adoption of the updated model ordinance pursuant
to paragraph (1), the department shall prepare and submit to the
Legislature a report relating to both of the following:

(A) The extent to which local agencies have complied with the
model water efficient landscape ordinance adopted pursuant to
Chapter 1145 of the Statutes of 1990.

(B) The department’s recommendations regarding the landscape
water budget component of the updated model ordinance described
in subdivision (b) of Section 65596.

(b) Not later than January 31, 2009, the department shall
distribute the updated model ordinance adopted pursuant to
subdivision (a) to all local agencies and other interested parties.

(c) On or before January 1, 2010, a local agency shall adopt one
of the following:

(1) A water efficient landscape ordinance that is, based on
evidence in the record, at least as effective in conserving water as
the updated model ordinance adopted by the department pursuant
to subdivision (a).

(2) The updated model ordinance described in paragraph (1).

(d) If the local agency has not adopted, on or before January 1,
2010, a water efficient landscape ordinance pursuant to subdivision
(c), the updated model ordinance adopted by the department
pursuant to subdivision (a) shall apply within the jurisdiction of
the local agency as of that date, shall be enforced by the local
agency, and shall have the same force and effect as if adopted by
the local agency.

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(e) (1) On or after July 1, 2018, a local agency shall require a
written permit for the installation of any automatic irrigation
system, or the expansion of an existing automatic irrigation system
to increase the irrigated area by 25 percent or more, 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:

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(A) A nonresidential landscape that is not a cemetery and that
is at least 500 square feet or a greater area as may be found by
the California Building Standards Commission to be in the public
interest and consistent with the purposes of this article, following
notice and opportunity for public comment.

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(B) A residential landscape that is at least 10,000 square feet
or greater, or a lesser area as may be found by the Department of
Housing and Community Development to be in the public interest
and consistent with the purposes of this article, following notice
and opportunity for public comment.

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(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.

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(3) An application for a permit required under this subdivision
for an irrigation system serving a residential landscape may be
submitted by a property owner, property manager, landscape
contractor, landscape architect, or any other agent designated by
the property owner.

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(e)

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begin insert (f) end insert  Nothing in this article shall be construed to require the local
agency’s water efficient landscape ordinance to duplicate, or to
conflict with, a water efficiency program or measure implemented
by a public water system, as defined in Section 116275 of the
Health and Safety Code, within the jurisdictional boundaries of
the local agency.

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begin insert SEC. 2. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

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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, 2018,
a written permit for the installation or replacement of any automatic
irrigation system, or the expansion of an existing automatic
irrigation system to increase the irrigated area by 25 percent or
more, 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.

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