BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1340| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- VETO 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 SENATE FLOOR: 25-14, 8/24/16 AYES: Allen, Beall, Block, De León, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth, Wieckowski, Wolk NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Galgiani, Huff, Moorlach, Morrell, Nguyen, Nielsen, Stone, Vidak ASSEMBLY FLOOR: 47-31, 8/18/16 - See last page for vote SUBJECT: Water Conservation in Landscaping Act SOURCE: Author SB 1340 Page 2 DIGEST: This bill requires a local permit, for water efficiency compliance purposes, for installation of large stand-alone landscaping irrigation systems. 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 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. SB 1340 Page 3 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 January 1, 2019, by which the California Energy Commission (CEC) is required to adopt landscape irrigation equipment performance standards and labeling requirements. This bill was chaptered on 9/13/2016 FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes SB 1340 Page 4 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: (Verified10/6/16) 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 Sonoma County Water Agency Trust for Public Land USGBC California OPPOSITION: (Verified10/6/16) SB 1340 Page 5 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 of the authority to define their own rules, goes outside the SB 1340 Page 6 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." GOVERNOR'S VETO MESSAGE: I am returning Senate Bill 1340 without my signature. This bill requires a local permit for installation of large stand-alone landscaping irrigation systems. The existing Model Water Efficient Landscape Ordinance program offers local governments a multitude of options to address water conservation in irrigated landscapes. I have asked the Department of Water Resources and the State Water Resources Control Board to develop a permanent framework for water use reduction targets. This type of landscape permit will be considered in that framework. 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 SB 1340 Page 7 10/17/16 13:58:49 **** END ****