BILL ANALYSIS Ó
SB 1340
Page 1
Date of Hearing: August 10, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1340
(Wolk) - As Amended June 21, 2016
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|Policy |Water, Parks and Wildlife |Vote:|9 - 5 |
|Committee: | | | |
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| |Local Government | |5 - 3 |
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY: This bill 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
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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 2,500 square feet or greater.
b) Residential landscaping that is at least10,000 square
feet or greater.
1)Clarifies that the permit requirement established by this bill
does not apply to the repair or replacement of the components
of parts of any existing automatic irrigation system.
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.
FISCAL EFFECT:
Negligible state fiscal impact. Although a state mandate, costs
are not reimbursable because the Agency has authority to levy
fees sufficient to cover any costs.
COMMENTS:
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1)Purpose. 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."
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
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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.
3)Arguments in Support. 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
large, stand-alone irrigation projects will help assure those
improvements.
4)Arguments in Opposition. 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.
5)Current Legislation.
a) AB 2525 (Holden) would have required the DWR to create a
water efficiency landscaping program to encourage local
economic incentives to promote water efficient landscapes.
AB 2525 was held on this Committee's Suspense File last
month.
b) AB 1928 (Campos), pending in the Senate Appropriations
Committee, extends the date by which the State Energy
Resources Conservation and Development Commission is
required to adopt landscape irrigation equipment
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performance standards and labeling requirements.
c) AB 2617 (Mayes), pending in the Senate Rules Committee,
requires the DWR to prepare a report analyzing the costs
and benefits of incentives for various water efficiency
measures.
d) AB 2515 (Weber), pending in the Senate Appropriations
Committee, 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.
1)Prior Legislation.
a) 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.
b) 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
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measures, technologies, and approaches.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081