BILL ANALYSIS Ó
SB 1340
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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,
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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
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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.
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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
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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."
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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
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(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
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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
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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
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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)
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319-3958