BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1340|
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THIRD READING
Bill No: SB 1340
Author: Wolk (D)
Amended: 4/5/16
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 4/12/16
AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk
NOES: Stone, Vidak
SUBJECT: Water Conservation in Landscaping Act
SOURCE: Author
DIGEST: This bill adds to the model water efficient landscape
ordinance a permit requirement for the installation or
replacement 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 on or after July 1, 2018.
ANALYSIS:
Existing law:
1)Requires, under the Water Conservation in Landscaping Act
(Act):
a) The Department of Water Resources (DWR) to prepare a
Model Water Efficient Landscape Ordinance.
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b) The Act requires the model ordinance to do all of the
following to reduce water use:
i) Provide for water conservation and the
appropriate use and groupings of plants.
ii) Include a landscape water budget based on
climate, landscape size, irrigation efficiency, and
plant needs.
iii) Promote the benefits of consistent local
ordinances in neighboring areas.
iv) Encourage the capture and retention of
stormwater onsite.
v) Provide for the use of automatic irrigation
systems and schedules based on climatic conditions,
specific terrains and soil types, and other
environmental conditions.
vi) 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.
vii) Promote the use of recycled water.
viii) Educate water users on the efficient use of
water and the benefits of doing so.
ix) Address regional differences, including fire
prevention needs.
x) Exempt landscaping that is part of a registered
historical site.
xi) Encourage the use of economic incentives to
promote the efficient use of water.
xii) Provide for landscape maintenance practices that
foster long-term landscape water conservation.
xiii) Minimize landscape irrigation overspray and
runoff.
c) The Act requires all local agencies to adopt a landscape
ordinance or the model ordinance would automatically take
effect.
d) A local agency can make findings that an ordinance was
unnecessary if certain conditions existed.
2)Requires DWR, under the Governor's April 1, 2015 executive
order regarding the ongoing drought to do a number of things,
including updating the model ordinance through expedited
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regulation. Specifically, the executive order:
a) States the update is 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.
b) Requires DWR to report on the implementation and
enforcement of local ordinances, with required reports due
by December 31, 2015.
c) Requires DWR to provide information on local compliance
to the Water Board, which shall consider adopting
regulations or taking appropriate enforcement actions to
promote compliance.
d) Requires DWR to provide technical assistance and give
priority in grant funding to public agencies for actions
necessary to comply with local ordinances.
This bill:
1)Requires 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 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 Act 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)Authorizes 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.
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Background
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.
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, in their letter supporting this bill,
suggests the bill need additional amendments. These include
amendments that would:
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1)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 the current model ordinance to an existing landscape;
2)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 model ordinance
applicability - be considered for this purpose.
3)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.
4)Clarify that a full range of landscape professionals can
assist residential property owners in applying for a permit
required by the bill.
Related Legislation
AB 1928 (Campos) - requires the Energy Commission, by January 1,
2018, to adopt landscape irrigation equipment performance
standards and labeling requirements. Bans the sale of landscape
irrigation equipment that does not meet those established
performance standards and labeling requirements beginning
January 1, 2020.
AB 2525 (Holden) - Creates the California Water Efficient
Landscaping Program in DWR to encourage Californians to upgrade
their landscape and irrigation equipment for more efficient
ones. Also prioritizes participation of families that qualify
for the Low-Income Home Energy Assistance Program.
FISCAL EFFECT: Appropriation: No Fiscal
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Com.:NoLocal: No
SUPPORT: (Verified4/13/16)
Natural Resources Defense Council
Sierra Club California
Sonoma County Water District
OPPOSITION: (Verified4/13/16)
None received
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."
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Prepared by:Dennis O'Connor / N.R. & W. / (916) 651-4116
4/13/16 16:59:28
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