BILL ANALYSIS Ó
SB 1340
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Date of Hearing: June 14, 2016
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
SB
1340 (Wolk) - As Amended June 8, 2016
SENATE VOTE: 21-12
SUBJECT: Water Conservation in Landscaping Act
SUMMARY: Requires a local permit, for water efficiency
compliance purposes, for installation of large stand-alone
landscaping irrigation systems. Specifically, this bill:
1)Requires a local agency, on or after July 1, 2018, to require
a written permit for installation of an automatic irrigation
system, or the expansion of an existing irrigation system to
increase the irrigated area by 25% or more, for landscaping
that is not already within the scope of another permit and is
either:
a) Nonresidential landscaping that is not a cemetery
and is at least 500 square feet.
b) Residential landscaping of 10,000 square feet or
greater.
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1)Authorizes the Building Standards Commission to increase the
size of the area that is subject to the permit requirement for
nonresidential projects, and authorizes the Department of
Housing and Community Development to reduce the size of the
area that is subject to the permit requirement for residential
projects, if the commission or department finds that the
adjustment would be in the public interest, and following
notice and an opportunity for public comment.
2)Authorizes the local agency to adopt an ordinance prescribing
permit fees, not to exceed the amount reasonably required for
review of applications and issuance of the permits, and not
for general revenue purposes.
3)Authorizes the applications for residential landscapes to be
submitted by the property owner, property manager, landscape
contractor, landscape architect, or other agent of the owner.
EXISTING LAW:
1)Requires, under the Water Conservation in Landscaping Act, the
Department of Water Resources (DWR) to adopt and update a
model water efficient landscaping ordinance.
2)Requires the model ordinance to address specific elements to
reduce water use, including but not limited to, water
conservation and appropriate plant use, a landscape water
budget, stormwater capture, automatic irrigation systems and
schedules, soil assessment and management, use of recycled
water, water user education, economic incentives, maintenance
practices for long-term water conservation, and minimization
of overspray and runoff.
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FISCAL EFFECT: This bill has been designated as non-fiscal by
Legislative Counsel.
COMMENTS: This bill seeks to close a gap in implementation of
California's existing water efficient landscape ordinance, by
establishing a local permit requirement for large, stand-alone
landscape irrigation projects that are installed after building
construction. By requiring a local permit for installation,
this bill seeks to help ensure that the water efficiency
standards addressed by the model ordinance are applied to large
stand-alone irrigation systems. This bill would implement a
recommendation of the Independent Technical Panel on Demand
Management Measures included in their May 2016 final draft
report.
1)Author's Statement: Since at least 1990 it has been the goal
of the state that new landscapes and major renovations be
designed and installed to be water-efficient. The state's
model water efficient landscape ordinance provides standards
and criteria for new and renovated landscape projects that are
included in projects that require a local permit, plan check
or design review, such as construction of a new building.
However, there is a major gap that leaves a significant
portion of new landscape projects without any standards. It
is a common practice for home builders to leave back yards of
new homes un-landscaped. In some parts of the state it is
also common for front yards to be left un-landscaped by home
builders. In these cases the building permit for the new home
does not include the landscape. Consequently, 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 water efficiency standards of the model
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ordinance, because in most localities the installation of
landscape materials and an irrigation system as a stand-alone
project do not require a permit.
2)Background: At the request of the Legislature in 2007, an
Independent Technical Panel (ITP) on Demand Management
Measures was formed to provide DWR and the Legislature
information and recommendations on new water demand management
measures, technologies and approaches to water use efficiency.
The most recent report of the ITP was issued in May 2016 and
is titled "Recommendations Report to the Legislature on
Landscape Water Use Efficiency." Among other recommendations,
the report recommends that a new permit requirement be
implemented by local agencies for installation of new
automatic irrigation systems, or the expansion of existing
irrigation systems, for large nonresidential and residential
landscapes over certain sizes. This bill would implement
this recommendation of the ITP.
The ITP report notes that "the proper design, installation, and
control of automatic landscape irrigation systems is essential
to the efficient use of water and avoidance of water waste.
Stand-alone landscape projects are common in California, and
should not be exempt from permitting. While the planting of
landscape materials can take place over an extended period of
time, the irrigation system largely controls the delivery of
water to the landscape. Thus, the installation of an
irrigation system for a large landscape is itself an
appropriate "trigger" for a permit subject to all requirements
of the [model ordinance]?..Developer-installed landscape
projects would continue to be covered by a building permit,
without requiring a separate permit for the irrigation
system."
The ITP report further states that "we recommend that the
Legislature directly incorporate a requirement for permitting
of stand-alone irrigation installations for commercial and
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large residential landscapes into the Water Conservation and
Landscaping Act. The effect will be to bring stand-alone
landscape projects under the scope of the revised [model
ordinance] in all local jurisdictions?" Finally, the ITP
report notes "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 new
landscapes and major additions should require a permit."
3)Double-referral: This bill is double-referred to the Assembly
Local Government Committee which is scheduled to hear this
bill next after this committee.
4)Prior and Related Legislation: AB 1881 (Laird), Chapter 559,
Statutes of 2006, required the DWR to update the model water
efficiency in landscaping ordinance, and required local
agencies to either adopt the model ordinance or another
ordinance that is at least as efficient in conserving water.
AB 1420 (Laird), Chapter 628, Statutes of 2007, directed the
DWR to form an independent panel to provide information to the
DWR and the Legislature on new demand management measures,
technologies, and approaches.
AB 2525 (Holden) would require the DWR to create a water
efficiency landscaping program to encourage local economic
incentives to promote water efficient landscapes. AB 2525 was
held in the Assembly Appropriations Committee last month.
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AB 1928 (Campos) extends the date by which the State Energy
Resources Conservation and Development Commission is required
to adopt landscape irrigation equipment performance standards
and labeling requirements. AB 1928 passed the Assembly and is
pending in the Senate.
AB 2617 (Mayes) requires the DWR to prepare a report analyzing
the costs and benefits of incentives for various water
efficiency measures. AB 2617 passed the Assembly and is
pending in the Senate.
AB 2515 (Weber) requires the DWR, on or before January 1,
2020, and every three years thereafter, to either update the
model water-efficient landscaping ordinance or make a finding
that an update to the model water-efficient landscaping
ordinance at that time is not useful or effective. The bill
would additionally require DWR to submit the update to the
Building Standards Commission during the triennial revision
process of the California Green Building Standards Code. AB
2515 passed the Assembly and is pending in the Senate.
5)Support Arguments: Supporters note that statewide about
half of the water supplied to urban areas is used outdoors,
primarily for landscape irrigation. Improving efficiency in
outdoor water use is critically important for water supply
reliability. The proper design, installation, and control of
automatic landscape irrigation systems are essential to
improving water use efficiency. A permitting requirement for
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large, stand-alone irrigation projects will help assure those
improvements.
6)Opposition Arguments: The California Association of Realtors
asserts that this bill would impose a new, time-consuming,
unnecessary and expensive mandate on local property owners,
which would burden property owners rather than assist them in
making better landscape decisions.
In response to the assertion that this bill imposes a new
mandate on local property owners, the author notes that
landscape installations associated with a new home are already
covered by the model ordinance. This bill will ensure that
landscape installations that are deferred, and come at a later
time, are also subject to the water efficiency standards of
the model ordinance.
REGISTERED SUPPORT / OPPOSITION:
Support
California Building Industry Association
California Building Officials
California Business Properties Association
California Landscape Contractors' Association
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Gardenworks, Inc.
Irrigation Association
Natural Resources Defense Council
Regional Water Authority
Sierra Club California
Sonoma County Water Agency
Opposition
California Association of Realtors
Analysis Prepared by:Diane Colborn / W., P., & W. / (916)
319-2096
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