BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 1340 Hearing Date: April 12,
2016
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|Author: |Wolk | | |
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|Version: |April 5, 2016 Amended |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Dennis O'Connor |
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Subject: Water Conservation in Landscaping Act
BACKGROUND AND EXISTING LAW
The Water Conservation in Landscaping Act was enacted in 1990.
This Act required the Department of Water Resources (DWR) to
prepare a Model Water Efficient Landscape Ordinance. The Act
required all local agencies to adopt a landscape ordinance by
1993 or the model ordinance would automatically take effect. A
local agency could make findings that an ordinance was
unnecessary if certain conditions existed.
In 2006, AB 1881 (Laird) revised the act significantly. The
revised act required DWR to revise the model ordinance by
January 2009, pending funding, to do all of the following to
reduce water use:
Provide for water conservation and the appropriate use and
groupings of plants.
Include a landscape water budget based on climate, landscape
size, irrigation efficiency, and plant needs.
Promote the benefits of consistent local ordinances in
neighboring areas.
Encourage the capture and retention of stormwater onsite.
Provide for the use of automatic irrigation systems and
schedules based on climatic conditions, specific terrains and
soil types, and other environmental conditions.
Provide for onsite soil assessment and soil management plans
that include grading and drainage and use of mulches in shrub
areas, garden beds, and landscaped areas where appropriate.
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Promote the use of recycled water.
Educate water users on the efficient use of water and the
benefits of doing so.
Address regional differences, including fire prevention needs.
Exempt landscaping that is part of a registered historical
site.
Encourage the use of economic incentives to promote the
efficient use of water.
Provide for landscape maintenance practices that foster
long-term landscape water conservation.
Minimize landscape irrigation overspray and runoff.
DWR adopted the revised Model Water Efficient Landscape
Ordinance (MWELO) on September 10, 2010.
On April 1, 2015, the Governor issued an executive order
regarding the ongoing drought. Among its provisions was
direction to DWR to update the model ordinance through expedited
regulation. This update was to increase water efficiency
standards for new and existing landscapes through more efficient
irrigation systems, greywater usage, onsite storm water capture,
and by limiting the portion of landscapes that can be covered in
turf. It also required reporting on the implementation and
enforcement of local ordinances, with required reports due by
December 31, 2015. DWR was further directed to provide
information on local compliance to the Water Board, which shall
consider adopting regulations or taking appropriate enforcement
actions to promote compliance. DWR was also directed to provide
technical assistance and give priority in grant funding to
public agencies for actions necessary to comply with local
ordinances.
On July 15, 2015, the California Water Commission approved DWR's
revision to the model ordinance. Local agencies had until
December 1, 2015 to adopt the model ordinance or to adopt a
local ordinance which was at least as effective in conserving
water as the model ordinances. Local agencies working together
to develop a regional ordinance had until February 1, 2016 to
adopt.
PROPOSED LAW
This bill would require the model landscape ordinance to include
a provision requiring, on or after July 1, 2018, a written
permit for the installation or replacement of any automatic
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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 the Water
Conservation in Landscaping Act and not otherwise within the
scope of a local agency permit, if the irrigation system is to
serve either of the following:
A nonresidential landscape, except a cemetery.
A residential landscape of 10,000 square feet or greater.
The bill would authorize the governing body of a local agency,
before issuing any such permit to adopt an ordinance prescribing
fees for filing an application for that permit, provided the
fees do not exceed the amount reasonably required by the local
agency to review applications and issue those permits, and are
not be levied for general revenue purposes.
ARGUMENTS IN SUPPORT
According to the author, "The coverage of [Act] as specified in
the Model Ordinance has a major gap that leaves a very
significant portion of new landscape projects not subject to any
standards. This is because it is common practice in most parts
of the state for home builders to leave the back yards of new
homes un-landscaped. What's more, in some parts of the state, it
is common for front yards to be left un-landscaped by home
builders as well. Thus, in many cases the building permit for
the new home does not include the landscape, and the
owner-initiated landscape projects that may follow new home
construction by anywhere from a few months to a few years are
not subject to the Model Ordinance because in most localities,
the installation of landscape materials and an irrigation system
as a stand-alone project do not themselves require a permit."
"The proper design, installation, and control of automatic
landscape irrigation systems is essential to the efficient use
and avoidance of waste of water. Stand-alone landscape projects
are common in California, and should not be exempt from
permitting. In light of the diverse and challenging conditions
in which ornamental landscapes are installed, and the frequent
changes in irrigation technology and plant varieties, the
avoidance of waste requires that all large new landscapes and
major renovations should require a permit."
ARGUMENTS IN OPPOSITION: None Received
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COMMENTS
Permit to what end? The permitting requirement is intended to
ensure that landscapes would be designed and installed
consistent with the model ordinance. By having homeowners,
landscapers, etc. get a permit for the irrigation, the
expectation is that the plan check would include a review of all
the provisions of the local agency's ordinance.
Update again so soon? DWR finished the regulatory process of
updating the model ordinance less than a year ago. As written,
this bill seems to require DWR to go through the regulatory
process of updating the ordinance again to add a permitting
requirement for irrigation systems. The author's staff indicate
that this bill is intended to be self-executing and not require
DWR to go through the regulatory process.
Why 10,000 sq ft? The author's staff report the intent of the
10,000 sq. ft. threshold for residential landscapes is to ensure
the focus is on larger residential landscapes. At 10,000 sq.
ft., this bill would apply to landscapes slightly less than
acre in size.
Additional amendments sought by some supporters. Natural
Resources Defense Council (NRDC), in their letter supporting
this bill, suggests the bill need additional amendments. These
include amendments that would:
Remove "replacement" of an existing irrigation system from the
bill's permitting requirement, as this might discourage needed
improvements to an irrigation system due to the burdens of
applying current MWELO to an existing landscape;
Set a minimum size threshold for commercial landscape projects
subject to permitting, to avoid time and attention devoted to
very small projects. It recommended that 500 square feet -
the threshold adopted in 2015 for MWELO applicability - be
considered for this purpose.
Reposition the requirements of the bill in current law such that
the provisions are self-executing without requiring further
rulemaking by the DWR of Water Resources.
Clarify that a full range of landscape professionals can assist
residential property owners in applying for a permit required
by the bill.
The committee may wish to suggest explore these proposed
amendments with the author.
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Related Bills:
AB 1928(Campos) - would require the Energy Commission, by
January 1, 2018, to adopt landscape irrigation equipment
performance standards and labeling requirements. The sale of
landscape irrigation equipment that does not meet those
established performance standards and labeling requirements
would be banned beginning January 1, 2020.
AB 2525(Holden) - would create the California Water Efficient
Landscaping (WEL) Program in DWR to encourage Californians to
upgrade their landscape and irrigation equipment for more
efficient ones. Would also prioritize participation of families
that qualify for the Low-Income Home Energy Assistance Program.
SUGGESTED AMENDMENTS: None
SUPPORT
Natural Resources Defense Council - seek additional amendments
Sierra Club California
Sonoma County Water District
OPPOSITION: None Received
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