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  ****