BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1340|
|Office of Senate Floor Analyses | |
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UNFINISHED BUSINESS
Bill No: SB 1340
Author: Wolk (D)
Amended: 6/21/16
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 4/12/16
AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk
NOES: Stone, Vidak
SENATE FLOOR: 21-12, 5/16/16
AYES: Allen, Beall, Block, De León, Glazer, Hancock,
Hernandez, Hertzberg, Hill, Jackson, Lara, Leno, Leyva, Liu,
McGuire, Mitchell, Monning, Pavley, Roth, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,
Huff, Morrell, Nguyen, Nielsen, Stone, Vidak
NO VOTE RECORDED: Galgiani, Hall, Hueso, Mendoza, Moorlach,
Pan, Runner
ASSEMBLY FLOOR: 47-31, 8/18/16 - See last page for vote
SUBJECT: Water Conservation in Landscaping Act
SOURCE: Author
DIGEST: This bill requires a local permit, for water efficiency
compliance purposes, for installation of large stand-alone
landscaping irrigation systems.
Assembly Amendments exempt non-cemetery nonresidential
landscapes of less than 2500 square feet, clarify who can submit
applications for the permit, clarify that a permit is not
required for repair or replacement of the components or parts of
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any existing automatic irrigation system, and make other
technical changes.
ANALYSIS:
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.
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.
b) Residential landscaping of 10,000 square feet or
greater.
2)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.
3)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.
4)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.
Comments
Permit to what end? The permitting requirement is intended to
ensure that landscapes would be designed and installed
consistent with the model ordinance. By having homeowners,
landscapers, etc. get a permit for the irrigation, the
expectation is that the plan check would include a review of all
the provisions of the local agency's ordinance.
Related/Prior Legislation
AB 1928(Campos, 2016) extends the date from January 1, 2010, to
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January 1, 2019, by which the California Energy Commission (CEC)
is required to adopt landscape irrigation equipment performance
standards and labeling requirements.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
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."
SUPPORT: (Verified8/19/16)
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
California League of Conservation Voters
California Native Plant Society
Clean Water Action
East Bay Rental Housing Association
Gardenworks Inc.
Irrigation Association
Natural Resources Defense Council
North Valley Property Owners Association
Regional Water Authority
Sierra Club California
Trust for Public Land
USGBC California
OPPOSITION: (Verified8/19/16)
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California Association of Realtors
ARGUMENTS IN SUPPORT: According to the author, "The coverage
of [Act] 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."
"The proper design, installation, and control of automatic
landscape irrigation systems is essential to the efficient use
and avoidance of waste of water. Stand-alone landscape projects
are common in California, and should not be exempt from
permitting. 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 large new landscapes and
major renovations should require a permit."
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 [Model Ordinance] program already offers local
governments a multitude of options to address water conservation
in irrigated landscapes. SB 1340 (Wolk) strips local government
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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."
ASSEMBLY FLOOR: 47-31, 8/18/16
AYES: Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown,
Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper,
Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,
Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Holden,
Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty,
Medina, Mullin, Nazarian, Quirk, Ridley-Thomas, Rodriguez,
Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood,
Rendon
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,
Chávez, Dahle, Beth Gaines, Gallagher, Gatto, Gray, Grove,
Hadley, Harper, Irwin, Jones, Kim, Lackey, Linder, Mathis,
Mayes, Melendez, Obernolte, Olsen, Patterson, Salas,
Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Roger Hernández, O'Donnell
Prepared by:Dennis O'Connor / N.R. & W. / (916) 651-4116
8/19/16 19:21:41
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