BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1340


                                                                    Page  1





          Date of Hearing:   June 29, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          SB  
          1340 (Wolk) - As Amended June 21, 2016


          SENATE VOTE:  21-12


          SUBJECT:  Water Conservation in Landscaping Act.


          SUMMARY:  Requires a local permit for the installation or  
          expansion of automatic irrigation systems for specified  
          residential and nonresidential landscape projects.   
          Specifically, this bill:  


          1)Amends the Water Conservation in Landscaping Act (Act) by  
            requiring, on or after July 1, 2018, a local agency to 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% 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 that is not a cemetery and  
               that is at least 2,500 square feet (sq. ft.) or greater;  
               or,








                                                                    SB 1340


                                                                    Page  2








             b)   A residential landscape that is at least 10,000 sq. ft.  
               or greater.



          2)Allows the governing body of a local agency, before issuing  
            any permit required by this bill, to adopt an ordinance  
            prescribing fees for filing an application for that permit.



          3)Prohibits permit fees from exceeding the amount reasonably  
            required by the local agency to review applications and issue  
            permits.



          4)Prohibits permit fees from being levied for general revenue  
            purposes.



          5)Allows an application for a permit for a residential landscape  
            irrigation system to be submitted by a property owner,  
            property manager, landscape contractor, landscape architect,  
            or any other agent designated by the property owner.



          6)Provides that the bill's provisions do not apply to the repair  
            or replacement of the components or parts of any existing  
            automatic irrigation system.



          7)Provides that no reimbursement is required by this bill  








                                                                    SB 1340


                                                                    Page  3





            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 bill, as  
            specified.



          EXISTING LAW:   


          1)Requires, pursuant to the Act, the Department of Water  
            Resources (DWR) to adopt and update a model water efficient  
            landscaping ordinance (MWELO).



          2)Requires the MWELO to be updated to address specific elements  
            to reduce water use, including, but not limited to, water  
            conservation and appropriate plant use, a landscape water  
            budget, storm water 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.



          3)Requires, on or before January 1, 2010, a local agency to  
            adopt one of the following:



             a)   A water efficient landscape ordinance that is, based on  
               evidence in the record, at least as effective in conserving  
               water as the updated MWELO adopted by DWR; or,



             b)   The updated MWELO adopted by DWR.








                                                                    SB 1340


                                                                    Page  4








          4)Provides that, if a local agency has not adopted an ordinance  
            as described above, DWR's updated MWELO shall apply within the  
            jurisdiction of the local agency, shall be enforced by the  
            local agency, and shall have the same force and effect as if  
            adopted by the local agency.



          5)Defines, for the purposes of the Act, "local agency" to mean  
            any city, county, or city and county, including a charter city  
            or charter county.



          FISCAL EFFECT:  This bill is keyed fiscal.


          COMMENTS:  


          1)Bill Summary.  This bill amends the Act by requiring local  
            agencies to require a permit for the installation of any  
            automatic irrigation system, or the expansion of an existing  
            automatic irrigation system that would increase the irrigated  
            area by 25% or more, for a landscape project subject to the  
            Act and not otherwise within the scope of a local permit.   
            This requirement applies to an irrigation system that will  
            serve a nonresidential landscape that is 2,500 sq. ft. or  
            larger (except cemeteries) or a residential landscape that is  
            10,000 sq. ft. or larger, and would go into effect July 1,  
            2018.
            This bill allows a process for local agencies to adopt permit  
            fees via ordinance, and prohibits permit fees from exceeding  
            the amount reasonably required by the local agency to review  
            applications and issue permits or from being levied for  
            general revenue purposes.  Applications for residential  








                                                                    SB 1340


                                                                    Page  5





            landscape irrigation system permits may be submitted by a  
            property owner, property manager, landscape contractor,  
            landscape architect, or any other agent designated by the  
            property owner.  The bill's provisions do not apply to the  
            repair or replacement of the components or parts of any  
            existing automatic irrigation system.  This bill's provisions,  
            as an amendment to the Act, apply to any county or city,  
            including a charter city.


            This bill is sponsored by the author.


          2)Author's Statement.  According to the author, "It has been the  
            goal of the State since at least 1990 that new landscapes and  
            major renovations of existing landscapes should be designed  
            and installed to be water-efficient.  The state's Model Water  
            Efficient Landscape Ordinance (MWELO) carries 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 the construction of a new building,  
            the extension of electric or natural gas lines from an  
            existing building, or major excavation and regrading. 
            "However, the coverage of MWELO 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."









                                                                    SB 1340


                                                                    Page  6






          3)Background.  The Act, approved in 1990, required DWR to  
            prepare a MWELO and required all local agencies to adopt a  
            landscape ordinance by 1993 or the MWELO would automatically  
            take effect.  AB 1881 (Laird), Chapter 559, Statutes of 2006,  
            revised the Act significantly.  The revised Act required DWR  
            to revise the MWELO by January 2009, pending funding, to  
            incorporate a number of measures to reduce water use.  DWR  
            adopted the revised 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 MWELO through expedited  
            regulation.  This update was intended to increase water  
            efficiency standards for new and existing landscapes through  
            more efficient irrigation systems, greywater use, onsite storm  
            water capture, and 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  
            State Water Resources Control Board, which must 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 MWELO.  Local agencies had until  
            December 1, 2015, to adopt the updated MWELO or to adopt a  
            local ordinance that is at least as effective in conserving  
            water as the MWELO.  Local agencies working together to  
            develop a regional ordinance had until February 1, 2016, to  
            adopt their ordinance.


          4)Independent Technical Panel Recommendations.  At the direction  
            of the Legislature in 2007, an Independent Technical Panel  








                                                                    SB 1340


                                                                    Page  7





            (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.  Among other recommendations, the  
            report recommends that a new permit requirement be implemented  
            by local agencies for the installation of new automatic  
            irrigation systems, or the expansion of existing irrigation  
            systems, for large nonresidential and residential landscapes  
            over certain sizes.  The report set those thresholds at 500  
            sq. ft. or greater for nonresidential landscapes, and 10,000  
            sq. ft. or greater for residential landscapes.  
            The ITP report states, "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  
            MWELO?..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, "we recommend that the  
            Legislature directly incorporate a requirement for permitting  
            of stand-alone irrigation installations for commercial and  
            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 MWELO in all  
            local jurisdictions?"


          5)Previous Legislation.  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 1881 (Laird), Chapter 559, Statutes of 2006, required the  
            DWR to update the MWELO, and required local agencies to either  
            adopt the model ordinance or another ordinance that is at  








                                                                    SB 1340


                                                                    Page  8





            least as efficient in conserving water.  


          6)Arguments in Support.  The California League of Conservation  
            Voters, in support, writes, "Statewide, about half of all the  
            water supplied to urban areas is used outdoors, primarily for  
            landscape irrigation.  Improving the efficiency of outdoor  
            water use is critically important for water supply reliability  
            and resource protection throughout California?Stand-alone  
            landscape projects are common in California, and should not be  
            exempt from permitting and the water efficiency requirements  
            of (MWELO).  The proper design, installation, and control of  
            automatic landscape irrigation systems is essential to the  
            efficient use and avoidance of waste of water.  The avoidance  
            of waste requires that new stand-alone irrigation projects  
            should require a permit."



          7)Arguments in Opposition.  The California Association of  
            Realtors, in opposition, states, "SB 1340 (Wolk)?introduces a  
            new, time-consuming and expensive mandate on local property  
            owners that is unlikely to improve overall reductions in water  
            consumption for irrigated landscapes.  Just because a system  
            is permitted does not ensure that any water savings will  
            result.  The existing MWELO program already offers local  
            governments a multitude of options to address water  
            conservation in irrigated landscapes.  SB 1340 (Wolk) strips  
            local government of the authority to define their own rules,  
            goes outside the existing program and provides no guarantee of  
            a reduction in water usage.  Instead of putting an extra  
            burden on property owners, actions should be taken to help  
            them make better landscape decisions."
            


          8)Double-Referral.  This bill is double-referred to the Assembly  
            Water, Parks and Wildlife Committee, where it failed on a 6-8  
            vote on June 14, 2016.  The bill was subsequently amended on  








                                                                    SB 1340


                                                                    Page  9





            June 21, 2016, and is scheduled for a vote-only action in the  
            Water, Parks and Wildlife Committee on June 28, 2016.
          











          REGISTERED SUPPORT / OPPOSITION:




          Support


          Apartment Association of Orange County


          Apartment Association, California Southern Cities


          California Building Industry Association


          California Building Officials


          California Business Properties Association


          California Landscape Contractors Association









                                                                    SB 1340


                                                                    Page  10






          California League of Conservation Voters


          California Native Plant Society


          East Bay Rental Housing Association


          Gardenworks Inc.


          Irrigation Association


          Natural Resources Defense Council


          North Valley Property Owners Association


          Sierra Club California


          USGBC California




          Opposition


          California Association of Realtors




          Analysis Prepared by:Angela Mapp / L. GOV. / (916)  








                                                                    SB 1340


                                                                    Page  11





          319-3958