Amended in Assembly June 21, 2016

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 65595 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.

This begin delete bill would, end delete begin insert bill, end insert on or after July 1, 2018, begin insert would end insert require a local agency to require a permit for the installation 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 project. 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. 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. begin insert The bill would exempt from these requirements the repair and replacement of the components or parts of an automatic irrigation system. end insert

begin insert

By adding to the duties of local agencies, this bill would impose a state-mandated local program.

end insert

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.

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

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

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

SECTION 1.  

Section 65595 of the Government Code is
amended to read:

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.

(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:

(A) A nonresidential landscape that is not a cemetery and that
is at least begin delete 500 end delete begin insert 2,500 end insert square feet or begin delete 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. end delete begin insert greater. end insert

(B) A residential landscape that is at least 10,000 square feet or begin delete 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. end delete begin insert greater. end insert

(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.

(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.

begin insert

(f) Subdivision (e) shall not apply to the repair or replacement
of the components or parts of any existing automatic irrigation
system.

end insert begin delete

(f)

end delete

begin insert (g) 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.

SEC. 2.  

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.