BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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        |
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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