BILL ANALYSIS Ó
SB 1340
Page 1
SENATE THIRD READING
SB
1340 (Wolk)
As Amended June 21, 2016
Majority vote
SENATE VOTE: 21-12
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Water |9-5 |Levine, Dodd, Eggman, |Gallagher, Bigelow, |
| | |Cristina Garcia, |Harper, Olsen, |
| | | |Salas |
| | | | |
| | |Eduardo Garcia, | |
| | |Gomez, Lopez, | |
| | |Nazarian, Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Local |5-3 |Eggman, Bonilla, |Waldron, Beth |
|Government | |Chiu, Cooley, Gordon |Gaines, Linder |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-5 |Gonzalez, Bloom, |Bigelow, Gallagher, |
| | |Bonilla, Bonta, |Jones, Obernolte, |
| | |Calderon, Daly, |Wagner |
| | |Eggman, Eduardo | |
SB 1340
Page 2
| | |Garcia, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood, Chu | |
| | | | |
| | | | |
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SUMMARY: 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
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.
b) Residential landscaping of 10,000 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
or 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.
SB 1340
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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.
EXISTING LAW:
1)Requires, under the Water Conservation in Landscaping Act, the
Department of Water Resources (DWR) to adopt and update a
model water efficient landscaping ordinance.
2)Requires the model ordinance to address specific elements to
reduce water use, including but not limited to, water
conservation and appropriate plant use, a landscape water
budget, stormwater 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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, 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: This bill seeks to close a gap in implementation of
California's existing water efficient landscape ordinance, by
establishing a local permit requirement for large stand-alone
landscape irrigation projects, that are installed after building
construction. By requiring a local permit for installation,
this bill seeks to help ensure that the water efficiency
standards addressed by the model ordinance are applied to large
stand-alone irrigation systems. This bill would implement a
recommendation of the Independent Technical Panel on Demand
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Management Measures included in their May 2016 final draft
report.
Since at least 1990 it has been the goal of the state that new
landscapes and major renovations be designed and installed to be
water-efficient. The state's model water efficient landscape
ordinance provides 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 construction
of a new building. However, there is a major gap that leaves a
significant portion of new landscape projects without any
standards. It is a common practice for home builders to leave
back yards of new homes un-landscaped. In some parts of the
state it is also common for front yards to be left un-landscaped
by home builders. In these cases the building permit for the
new home does not include the landscape. Consequently, 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 water efficiency standards of the model
ordinance, because in most localities the installation of
landscape materials and an irrigation system as a stand-alone
project do not require a permit.
At the request of the Legislature in 2007, an Independent
Technical Panel (ITP) on Demand Management Measures was formed
to provide the 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 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.
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The ITP report notes that the proper design, installation, and
control of automatic landscape irrigation systems is essential
to the efficient use of water and avoidance of water waste.
Stand-alone landscape projects are common in California, and
should not be exempt from permitting. 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 the model ordinance.
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 that they 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 model
ordinance in all local jurisdictions. Finally, the ITP report
notes in light of the diverse and challenging conditions in
which ornamental landscapes are installed, and the frequent
changes in irrigation technology and plant varieties, the
avoidance of waste requires that all new landscapes and major
additions should require a permit.
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.
SB 1340
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Opponents assert this bill would impose a new, time-consuming,
unnecessary and expensive mandate on local property owners, and
burden property owners rather than assist them in making better
landscape decisions.
In response to the assertion that this bill imposes a new
mandate on local property owners, the author notes that
landscape installations associated with a new home are already
covered by the model ordinance. This bill will ensure that
landscape installations that are deferred, and come at a later
time, are also subject to the water efficiency standards of the
model ordinance.
Analysis Prepared by:
Diane Colborn / W., P., & W. / (916) 319-2096
FN:
0003926