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 ----------------------------------------------------------------- |Policy |Water, Parks and Wildlife |Vote:|9 - 5 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Local Government | |5 - 3 | | | | | | | | | | | ----------------------------------------------------------------- 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 SB 1340 Page 2 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: SB 1340 Page 3 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 SB 1340 Page 4 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 SB 1340 Page 5 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 SB 1340 Page 6 measures, technologies, and approaches. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081