BILL ANALYSIS
AB 2422
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Date of Hearing: March 23, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 2422 (T. Berryhill) - As Introduced: February 19, 2010
SUBJECT : Model efficient landscape ordinance: scientific panel
SUMMARY : Prohibits the Department of Water Resources (DWR)
from updating the model water efficient landscape ordinance
until any proposed update has undergone an independent
peer-reviewed scientific study.
Specifically, this bill :
1)Requires DWR to convene a scientific panel, on or before July
1, 2011, of up to five nationally-recognized experts on the
water needs of residential landscaping plants.
2)Prohibits DWR from updating the model efficient landscape
ordinance or adopting a rule, regulation, or guideline
relating to the model efficient landscape ordinance unless the
scientific panel determines that such update, etc., is
consistent with the latest peer-reviewed research on the water
needs of residential landscaping plants.
EXISTING LAW
1)Requires DWR to adopt a model local efficient landscape
ordinance that conserves water through the appropriate use and
grouping of plants that are well-adapted to particular sites
and particular climate, soil or topographical conditions.
2)Requires local agencies to adopt, by January 1, 2010, a water
efficient landscape ordinance that is at least as effective as
the model ordinance or the model ordinance applies.
FISCAL EFFECT : Unknown.
COMMENTS : September 10, 2009, DWR adopted a Model Water
Efficient Landscape Ordinance with a formula for the "maximum
applied water allowance" on a subject parcel. To determine
whether a parcel fits within the allowance, plants in the area
to be irrigated are assigned multiplication factors based on
their listing as low, moderate, or high water users in the
AB 2422
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University of California Cooperative Extension publication Water
Use Classification of Landscape Species (WUCOLS), which was
initiated and funded by the Department of Water Resources' Water
Conservation Office. The California Association of Nurseries
and Garden Centers, disagrees that the listing conclusions in
the WUCOLS are science-based and would like to require any
further modifications to the model ordinance to be peer-reviewed
prior to adoption.
Opponents of the legislation argue that the measures in the
Model Landscape Ordinance are not ones that are currently
subject to scientific debate. They state DWR went through an
extensive fact finding and public comment process when adopting
the Model Landscape Ordinance, as required by the Office of
Administrative Law, and that another layer of review is costly
and unnecessary.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Nurseries and Garden Centers (sponsor)
Four Winds Growers
L.E. Cooke Co.
One individual
Opposition
Planning and Conservation League
Sierra Club California
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096