AB 2515: Water Conservation in Landscaping Act: model water-efficient landscaping ordinance.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-24
Existing law, the Water Conservation in Landscaping Act, requires the Department of Water Resources to update its model water-efficient landscape ordinance by regulation and prescribes various requirements for the updated model ordinance.
This bill would require the department, on or before January 1, 2020, and every three years thereafter, to either update the model water-efficient landscaping ordinance or make a finding that an update to the model water-efficient landscaping ordinance at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance. The bill would additionally require the department to submit the update to the Building Standards Commission during the triennial update process of the California Green Building Standards Code.
Existing law, the Water Conservation in Landscaping Act, requires the Department of Water Resources to update its model water-efficient landscape ordinance by regulation and prescribes various requirements for the updated model ordinance.
This bill would require the department, on or before January 1, 2020, and every three years thereafter, to either update the model water-efficient landscaping ordinance or make a finding that an update to the model water-efficient landscaping ordinance at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance. The bill would additionally require the department to submit the update to the Building Standards Commission during the triennial update process of the California Green Building Standards Code.
Existing law, the Water Conservation in Landscaping Act, requires the Department of Water Resources to update its model water-efficient landscape ordinance by regulation and prescribes various requirements for the updated model ordinance.
This bill would require the department, on or before January 1, 2020, and every three years thereafter, to either update the model water-efficient landscaping ordinance or make a finding that an update to the model water-efficient landscaping ordinance at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance. The bill would additionally require the department, on or before June 30 2017, to enter into a cooperative agreement with the Building Standards Commission, the Department of Housing and Community Development, and the Division of the State Architect that sets out a timetable and mutual responsibilities for the coordination of the Departments model water-efficient landscaping ordinance update process with department to submit the update to the Building Standards Commission during the triennial revision cycle process of the California Green Building Standards Code.
Existing law, the Water Conservation in Landscaping Act, requires the Department of Water Resources to update its model water-efficient landscape ordinance by regulation and prescribes various requirements for the updated model ordinance.
This bill would require the department, on or before January 1, 2020, and every three years thereafter, to either update the model water-efficient landscaping ordinance or make a finding that an update to the model water-efficient landscaping ordinance at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance. The bill would additionally require the department, on or before June 30 2017, to enter into a cooperative agreement with the Building Standards Commission, the Department of Housing and Community Development, and the Division of the State Architect that sets out a timetable and mutual responsibilities for the coordination of the Departments model water-efficient landscaping ordinance update process with the triennial revision cycle of the California Green Building Standards Code.
Under existing law, emergency regulations of the State Water Resources Control Board are not subject to review by the Office of Administrative Law if the state board adopts findings that the emergency regulations are adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water to promote water recycling or water conservation, and that the emergency regulations are adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by 2 or more consecutive below normal, dry, or critically dry years or during a period of a state of emergency based on drought conditions. Under existing law, a person who violates an emergency regulation adopted by the state board pursuant to these provisions is guilty of an infraction punishable by a fine of up to $500 for each day in which the violation occurs.
This bill would require that an emergency conservation regulation to conserve water adopted by the board be applicable on a county-by-county basis in order to give specific consideration to the facts and circumstances prevailing within each county.
Under existing law, emergency regulations of the State Water Resources Control Board are not subject to review by the Office of Administrative Law if the state board adopts findings that the emergency regulations are adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water to promote water recycling or water conservation, and that the emergency regulations are adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by 2 or more consecutive below normal, dry, or critically dry years or during a period of a state of emergency based on drought conditions. Under existing law, a person who violates an emergency regulation adopted by the state board pursuant to these provisions is guilty of an infraction punishable by a fine of up to $500 for each day in which the violation occurs.
This bill would require that an emergency conservation regulation to conserve water adopted by the board be applicable on a county-by-county basis in order to give specific consideration to the facts and circumstances prevailing within each county.
Existing law provides for the compensation of members of a board of directors of a water district, as defined.
This bill would make a technical, nonsubstantive change in the definition of a water district.
Existing law provides for the compensation of members of a board of directors of a water district, as defined.
This bill would make a technical, nonsubstantive change in the definition of a water district.
The Legislature finds and declares all of the following:
(a)California is experiencing a prolonged and significant drought that is unprecedented in Californias recorded history.
(b)Communities throughout the state have been directed to curtail water use. Residential, commercial, industrial, and institutional users have all worked to reduce water consumption.
(c)Prior to the extraordinary water use reductions implemented during the drought emergency, approximately one-half of the urban water provided for all purposes in California was used outdoors, primarily for landscape irrigation. This significant amount of potable water, approximately four million acre-feet per year, illuminates the critical importance of landscape water use efficiency.
(d)Functional and attractive landscapes are essential to Californians quality of life, providing places to recreate and relax, cooling the environment around buildings, offering wildlife habitat, and creating places of beauty.
(e)Updates to the model water-efficient landscape ordinance can help to advance landscaping and irrigation practices and policies that will make landscape water use far more sustainable than it is today.
(f)Synchronizing updates to the model water-efficient landscape ordinance with the triennial cycle for revisions to the California Green Building Standards Code would also ensure that landscape professionals, plumbing professionals, and local governments are able to integrate advancements and improvements in landscape and irrigation technologies, systems, and practices into the body of rules that govern installation, rehabilitation, overhaul, and updates of outdoor landscapes to significantly advance Californias strong water use efficiency ethic.
SEC. 2.Section 65596.5 is added to the Government Code, to read:65596.5.(a)On or before January 1, 2020, and at least every three years thereafter, the department, after holding one or more public hearings, shall do one of the following:
(1)Update the model water-efficient landscape ordinance adopted pursuant to Chapter 1145 of the Statutes of 1990.
(2)Make a finding that an update to the model water-efficient landscape ordinance at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance.
(b)When the model water-efficient landscape ordinance has been updated, the department shall submit the update to the Building Standards Commission for consideration during the triennial revision process of the California Green Building Standards Code.
The Legislature finds and declares all of the following:
(a)California is experiencing a prolonged and significant drought that is unprecedented in Californias recorded history.
(b)Communities throughout the state have been directed to curtail water use. Residential, commercial, industrial, and institutional users have all worked to reduce water consumption.
(c)Prior to the extraordinary water use reductions implemented during the drought emergency, approximately one-half of the urban water provided for all purposes in California was used outdoors, primarily for landscape irrigation. This significant amount of potable water, approximately four million acre-feet per year, illuminates the critical importance of landscape water use efficiency.
(d)Functional and attractive landscapes are essential to Californians quality of life, providing places to recreate and relax, cooling the environment around buildings, offering wildlife habitat, and creating places of beauty.
(e)Updates to the model water-efficient landscape ordinance can help to advance landscaping and irrigation practices and policies that will make landscape water use far more sustainable than it is today.
(f)Synchronizing updates to the model water-efficient landscape ordinance with the triennial cycle for revisions to the California Green Building Standards Code would also ensure that landscape professionals, plumbing professionals, and local governments are able to integrate advancements and improvements in landscape and irrigation technologies, systems, and practices into the body of rules that govern installation, rehabilitation, overhaul, and updates of outdoor landscapes to significantly advance Californias strong water use efficiency ethic.
SEC. 2.Section 65596.5 is added to the Government Code, to read:65596.5.(a)On or before January 1, 2020, and at least every three years thereafter, the department, after holding one or more public hearings, shall do one of the following:
(1)Update the model water-efficient landscape ordinance adopted pursuant to Chapter 1145 of the Statutes of 1990.
(2)Make a finding that an update to the model water-efficient landscape ordinance at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance.
(b)When the model water-efficient landscape ordinance has been updated, the department shall submit the update to the Building Standards Commission for consideration during the triennial revision process of the California Green Building Standards Code.
The Legislature finds and declares all of the following:
(a)California is experiencing a prolonged and significant drought that is unprecedented in Californias recorded history.
(b)Communities throughout the state have been directed to curtail water use. Residential, commercial, industrial, and institutional users have all worked to reduce water consumption.
(c)Prior to the extraordinary water use reductions implemented during the drought emergency, approximately one-half of the urban water provided for all purposes in California was used outdoors, primarily for landscape irrigation. This significant amount of potable water, approximately four million acre-feet per year, illuminates the critical importance of landscape water use efficiency.
(d)Functional and attractive landscapes are essential to Californians quality of life, providing places to recreate and relax, cooling the environment around buildings, offering wildlife habitat, and creating places of beauty.
(e)Updates to the model water-efficient landscape ordinance can help to advance landscaping and irrigation practices and policies that will make landscape water use far more sustainable than it is today.
(f)Synchronizing updates to the model water-efficient landscape ordinance with the triennial cycle for revisions to the California Green Building Standards Code would also ensure that landscape professionals, plumbing professionals, and local governments are able to integrate advancements and improvements in landscape and irrigation technologies, systems, and practices into the body of rules that govern installation, rehabilitation, overhaul, and updates of outdoor landscapes to significantly advance Californias strong water use efficiency ethic.
SECTION 1.SEC. 2.Section 65596.5 is added to the Government Code, to read:65596.5.(a)On or before January 1, 2020, and at least every three years thereafter, the department, after holding one or more public hearings, shall do one of the following:
(1)Update the model water-efficient landscape ordinance adopted pursuant to Chapter 1145 of the Statutes of 1990.
(2)Make a finding that an update to the model water-efficient landscape ordinance at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance.
(b)When the model water-efficient landscape ordinance has been updated, the department shall submit the update to the Building Standards Commission for consideration during the triennial revision process of the California Green Building Standards Code.
(b)On or before June 30, 2017, the department shall enter into a cooperative agreement with the Building Standards Commission, the Department of Housing and Community Development, and the Division of the State Architect that sets out a timetable and mutual responsibilities for the coordination of the departments model water-efficient landscape ordinance update process with the triennial revision cycle of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations).
(a)On or before January 1, 2020, and at least every three years thereafter, the department, after holding one or more public hearings, shall do one of the following:
(1)Update the model water-efficient landscape ordinance adopted pursuant to Chapter 1145 of the Statutes of 1990.
(2)Make a finding that an update to the model water-efficient landscape ordinance at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance.
(b)On or before June 30, 2017, the department shall enter into a cooperative agreement with the Building Standards Commission, the Department of Housing and Community Development, and the Division of the State Architect that sets out a timetable and mutual responsibilities for the coordination of the departments model water-efficient landscape ordinance update process with the triennial revision cycle of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations).
SECTION 1.Section 1058.5 of the Water Code is amended to read:1058.5.(a)This section applies to any emergency regulation adopted by the board for which the board makes both of the following findings:
(1)The emergency regulation is adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverters priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.
(2)The emergency regulation is adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions.
(b)Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, any findings of emergency adopted by the board, in connection with the adoption of an emergency regulation under this section, are not subject to review by the Office of Administrative Law.
(c)An emergency regulation adopted by the board under this section may remain in effect for up to 270 days, as determined by the board, and is deemed repealed immediately upon a finding by the board that due to changed conditions it is no longer necessary for the regulation to remain in effect. An emergency regulation adopted by the board under this section may be renewed if the board determines that the conditions specified in paragraph (2) of subdivision (a) are still in effect.
(d)In addition to any other applicable civil or criminal penalties, any person or entity who violates a regulation adopted by the board pursuant to this section is guilty of an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs.
(e)(1)Notwithstanding subdivision (b) of Section 1551, subdivision (d) of Section 1845, and subdivision (f) of Section 1846, a civil liability imposed under Chapter 12 (commencing with Section 1825) of Part 2 of Division 2 by the board or a court for a violation of an emergency conservation regulation adopted pursuant to this section shall be deposited, and separately accounted for, in the Water Rights Fund. Funds deposited in accordance with this subdivision shall be available, upon appropriation, for water conservation activities and programs.
(2)An emergency conservation regulation to conserve water adopted by the board shall be applicable on a county-by-county basis in order to give specific consideration to the facts and circumstances prevailing within each county.
(3)For purposes of this subdivision, an emergency conservation regulation means an emergency regulation that requires an end user of water, a water retailer, or a water wholesaler to conserve water or report to the board on water conservation. Water conservation includes restrictions or limitations on particular uses of water or a reduction in the amount of water used or served, but does not include curtailment of diversions when water is not available under the diverters priority of right or reporting requirements related to curtailments.
(a)This section applies to any emergency regulation adopted by the board for which the board makes both of the following findings:
(1)The emergency regulation is adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverters priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.
(2)The emergency regulation is adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions.
(b)Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, any findings of emergency adopted by the board, in connection with the adoption of an emergency regulation under this section, are not subject to review by the Office of Administrative Law.
(c)An emergency regulation adopted by the board under this section may remain in effect for up to 270 days, as determined by the board, and is deemed repealed immediately upon a finding by the board that due to changed conditions it is no longer necessary for the regulation to remain in effect. An emergency regulation adopted by the board under this section may be renewed if the board determines that the conditions specified in paragraph (2) of subdivision (a) are still in effect.
(d)In addition to any other applicable civil or criminal penalties, any person or entity who violates a regulation adopted by the board pursuant to this section is guilty of an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs.
(e)(1)Notwithstanding subdivision (b) of Section 1551, subdivision (d) of Section 1845, and subdivision (f) of Section 1846, a civil liability imposed under Chapter 12 (commencing with Section 1825) of Part 2 of Division 2 by the board or a court for a violation of an emergency conservation regulation adopted pursuant to this section shall be deposited, and separately accounted for, in the Water Rights Fund. Funds deposited in accordance with this subdivision shall be available, upon appropriation, for water conservation activities and programs.
(2)An emergency conservation regulation to conserve water adopted by the board shall be applicable on a county-by-county basis in order to give specific consideration to the facts and circumstances prevailing within each county.
(2)
(3)For purposes of this subdivision, an emergency conservation regulation means an emergency regulation that requires an end user of water, a water retailer, or a water wholesaler to conserve water or report to the board on water conservation. Water conservation includes restrictions or limitations on particular uses of water or a reduction in the amount of water used or served, but does not include curtailment of diversions when water is not available under the diverters priority of right or reporting requirements related to curtailments.
SECTION 1.Section 20200 of the Water Code is amended to read:20200.As used in this chapter, water district means a district or other political subdivision, other than a city or county, a primary function of which is the irrigation, reclamation, or drainage of land or the diversion, storage, management, or distribution of water primarily for domestic, municipal, agricultural, industrial, recreation, fish and wildlife enhancement, flood control, or power production purposes. Water districts include, but are not limited to, irrigation districts, county water districts, California water districts, water storage districts, reclamation districts, county waterworks districts, drainage districts, water replenishment districts, levee districts, municipal water districts, water conservation districts, community services districts, water management districts, flood control districts, flood control and floodwater conservation districts, flood control and water conservation districts, water management agencies, water agencies, and public utility districts formed pursuant to Division 7 (commencing with Section 15501) of the Public Utilities Code.
As used in this chapter, water district means any a district or other political subdivision, other than a city or county, a primary function of which is the irrigation, reclamation, or drainage of land or the diversion, storage, management, or distribution of water primarily for domestic, municipal, agricultural, industrial, recreation, fish and wildlife enhancement, flood control, or power production purposes. Water districts include, but are not limited to, irrigation districts, county water districts, California water districts, water storage districts, reclamation districts, county waterworks districts, drainage districts, water replenishment districts, levee districts, municipal water districts, water conservation districts, community services districts, water management districts, flood control districts, flood control and floodwater conservation districts, flood control and water conservation districts, water management agencies, water agencies, and public utility districts formed pursuant to Division 7 (commencing with Section 15501) of the Public Utilities Code.
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Date
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Status
|
|---|---|
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 30, 2016 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 23, 2016 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5246.). |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 15, 2016 | Read second time. Ordered to third reading. |
| Aug 11, 2016 | From committee: Do pass. (Ayes 7. Noes 0.) (August 11). |
| Aug 1, 2016 | In committee: Referred to APPR. suspense file. |
| Jun 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 9, 2016 | Referred to Com. on N.R. & W. |
| Jun 2, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 1.) |
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 1. Page 5114.) |
| Feb 19, 2016 | Introduced. To print. |
| May 31, 2016 | Read second time. Ordered to third reading. |
| May 27, 2016 | Read second time and amended. Ordered returned to second reading. |
| May 27, 2016 | From committee: Amend, and do pass as amended. (Ayes 20. Noes 0.) (May 27). |
| May 4, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 13, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 12). Re-referred to Com. on APPR. |
| Apr 6, 2016 | Re-referred to Com. on W., P., & W. |
| Apr 5, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P., & W. Read second time and amended. |
| Mar 28, 2016 | Re-referred to Com. on W., P., & W. |
| Mar 17, 2016 | Referred to Com. on W., P., & W. |
| Mar 17, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P., & W. Read second time and amended. |
| Feb 22, 2016 | Read first time. |
| Feb 21, 2016 | From printer. May be heard in committee March 22. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 22, 2016 | Assembly 3rd Reading AB2515 Weber By Hueso | Senate Floor |
Passed |
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| Aug 11, 2016 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 1, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Natural Resources and Water |
Passed |
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| Jun 1, 2016 | AB 2515 WEBER Assembly Third Reading | Assembly Floor |
Passed |
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| May 27, 2016 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 12, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Association Of California Water Agencies | ** Support | Aug 22, 2016 |
| California Landscape Contractor'S Association | ** Support | Aug 22, 2016 |
| Nexus Ewater Inc. | ** Support | Aug 22, 2016 |
| San Diego County Water Authority | ** Support | Aug 22, 2016 |
| Sierra Club California | ** Support | Aug 22, 2016 |
| Upper San Gabriel Valley Municipal Water District | ** Support | Aug 22, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2515
:
SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 6/28/16
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak
NO VOTE RECORDED: Wolk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 79-1, 6/1/16 - See last page for vote
SOURCE: San Diego County Water Authority
DIGEST: This bill requires the Department of Water Resources (DWR), by January 1, 2020, and at least every three years thereafter, to update the Model Water Efficient Landscape Ordinance (model ordinance) or make a finding that an update to the model ordinance at that time is not a useful. The bill also requires DWR, upon updating the model ordinance, to submit the update to the California Building Standards Commission (Commission) for consideration during the triennial revision process of the CalGreen Code.
Existing law:
- Establishes the Commission and the process for adopting, and updating every three years, the California Building Code.
- Authorizes the Commission to adopt green building standards. These standards are maintained in a separate chapter of the California Building Code, known as the CalGreen Code.
- Required DWR to revise the model ordinance by January 2009. DWR adopted the revised the model ordinance on September 10, 2010.
- Directes DWR, under the Governor’s April 1, 2015 executive order regarding the ongoing drought, to update the model ordinance through expedited regulation. This update was to increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater usage, onsite stormwater capture, and by limiting the portion of landscapes that can be covered in turf. On July 15, 2015, the California Water Commission approved DWR’s revision to the model ordinance.
This bill:
- Requires DWR, by January 1, 2020, and at least every three years thereafter, to either (1) update the model ordinance or (2) make a finding that an update to the model ordinance at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the model ordinance.
- Requires DWR, upon updating the model ordinance, to submit any updates to the Commission for consideration during the triennial revision process of the CalGreen Code.
- Makes a number of findings regarding the importance of the model ordinance and the advantage of synchronizing the updates with the triennial cycle for revisions of the CalGreen Code.
Related/Prior Legislation
AB 1928 (Campos, 2016) – requires the Energy Commission, by January 1, 2019, to adopt landscape irrigation equipment performance standards and labeling requirements. The sale of landscape irrigation equipment that does not meet those established performance standards and labeling requirements would be banned after the adoption of those standards and labeling requirements.
SB 1340 (Wolk, 2016) – adds to the model ordinance a permit requirement for the installation or replacement of specified automatic irrigation systems, or the expansion of the same specified automatic irrigation systems to increase the irrigated area by 25% or more, for a landscape project on or after July 1, 2018.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, approximately $500,000 for DWR to revise the model ordinance (General Fund) and between $15,000 and $25,000 every three years thereafter for coordination.
San Diego County Water Authority (source)
Association of California Water Agencies
California Landscape Contractors Association
Nexus eWater Inc.
Sierra Club California
Upper San Gabriel Valley Municipal Water District
OPPOSITION: (Verified 8/12/16)
None received
ARGUMENTS IN SUPPORT: According to the author, “With California experiencing prolonged and serious drought conditions over the past 4 years, everyone – including homeowners, renters, businesses, government agencies, schools – has been asked to do everything they can to conserve water and improve water use efficiency. With outdoor water use consisting more than half the average household water use, attention to improving landscape irrigation efficiency should be an ongoing focus.”
“Synchronization of the Model Water Efficient Landscape Ordinance revision cycle with the CALGreen building code revision cycle would allow updated Model Water Efficient Landscape Ordinance standards to be adopted in the CALGreen building code revisions during the same triennial cycle. A synchronized revision cycle would also eliminate the current practice of updating Model Water Efficient Landscape Ordinance in an uncoordinated, unplanned, and ad hoc manner.”
ASSEMBLY FLOOR: 79-1, 6/1/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NOES: Harper
8/15/16 19:39:53
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2515 (Weber) - Water Conservation in Landscaping Act: model water-efficient landscaping ordinance
Version: May 27, 2016 | Policy Vote: N.R. & W. 8 - 0 |
Urgency: No | Mandate: No |
Hearing Date: August 1, 2016 | Consultant: Narisha Bonakdar |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 2515 requires the Department of Water Resources (DWR), by January 1, 2020, and at least every three years thereafter, to update the Model Water Efficient Landscape Ordinance (Ordinance) or make a finding that an update to the ordinance at that time is not a useful. The bill also requires DWR, upon updating the ordinance, to submit the update to the California Building Standards Commission (Commission) for consideration during the triennial revision process of the CalGreen Code.
Fiscal Impact:
Approximately $500,000 for DWR to revise the Ordinance (General Fund) and between $15,000 and $25,000 every three years thereafter for coordination.
Background:
- The California Building Standards Law:
- Establishes the Commission and the process for adopting, and updating every three years, the California Building Code.
- Authorizes the Commission to adopt green building standards. These standards are maintained in a separate chapter of the California Building Code, known as the CalGreen Code.
- The Water Conservation in Landscaping Act:
- Required the DWR to prepare the ordinance. The Act required all local agencies to adopt a landscape ordinance by 1993 or the model ordinance would automatically take effect. A local agency could make findings that an ordinance was unnecessary if certain conditions existed.
- AB 1881 (Laird, Chapter 559, Statutes of 2006), revised the act significantly. Among other things, it required DWR to revise the model ordinance by January 2009.
DWR adopted the revised the Ordinance on September 10, 2010.
- On April 1, 2015, the Governor issued an executive order regarding the ongoing drought. Among its provisions was direction to DWR to update the model ordinance through expedited regulation. This update was to increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater usage, onsite stormwater capture, and by limiting the portion of landscapes that can be covered in turf.
On July 15, 2015, the California Water Commission approved DWR’s revision to the model ordinance.
Proposed Law:
This bill:
- Requires DWR, by January 1, 2020, and at least every three years thereafter, to either (1) update the Ordinance or (2) make a finding that an update to the Ordinance at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance.
- Requires DWR, upon updating the Ordinance, to submit any updates to the Commission for consideration during the triennial revision process of the CalGreen Code.
- Makes a number of findings regarding the importance of the Ordinance and the advantage of synchronizing the updates with the triennial cycle for revisions of the CalGreen Code.
Related Legislation:
- AB 2525 (Holden, 2016) would have required DWR to establish the California Water Efficient Landscaping Program to promote the efficient use of water in landscaping. The bill was held in Assembly Appropriations Committee.
AB 1928 (Campos, 2016) requires the State Energy Resources Conservation and Development Commission to adopt landscape irrigation equipment performance standards and labeling requirements. The bill is being heard in Senate Appropriations.
Staff Comments:
According to the author, “With California experiencing prolonged and serious drought conditions over the past 4 years, everyone – including homeowners, renters, businesses, government agencies, schools – has been asked to do everything they can to conserve water and improve water use efficiency. With outdoor water use consisting more than half the average household water use, attention to improving landscape irrigation efficiency should be an ongoing focus.”
“Synchronization of the Model Water Efficient Landscape Ordinance revision cycle with the CalGreen building code revision cycle would allow updated Model Water Efficient Landscape Ordinance standards to be adopted in the CalGreen building code revisions during the same triennial cycle. A synchronized revision cycle would also eliminate the current practice of updating Model Water Efficient Landscape Ordinance in an uncoordinated, unplanned, and ad hoc manner.”
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SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 2515 Hearing Date: June 28, 2016
Author: | |||
Version: |
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Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Water Conservation in Landscaping Act: model water-efficient landscaping ordinance
BACKGROUND AND EXISTING LAW
- The California Building Standards Law:
- Establishes the California Building Standards Commission (CBSC) and the process for adopting, and updating every three years, the California Building Code.
- Authorizes the CBSC to adopt green building standards. These standards are maintained in a separate chapter of the California Building Code, known as the CalGreen Code.
- The Water Conservation in Landscaping Act:
- Required the Department of Water Resources (DWR) to prepare a Model Water Efficient Landscape Ordinance (MWELO). The Act required all local agencies to adopt a landscape ordinance by 1993 or the model ordinance would automatically take effect. A local agency could make findings that an ordinance was unnecessary if certain conditions existed.
- A 2006 bill, AB 1881 (Laird), revised the act significantly. Among other things, it required DWR to revise the model ordinance by January 2009.
DWR adopted the revised Model Water Efficient Landscape Ordinance on September 10, 2010.
- On April 1, 2015, the Governor issued an executive order regarding the ongoing drought. Among its provisions was direction to DWR to update the model ordinance through expedited regulation. This update was to increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater usage, onsite storm water capture, and by limiting the portion of landscapes that can be covered in turf.
On July 15, 2015, the California Water Commission approved DWR’s revision to the model ordinance.
PROPOSED LAW
This bill would require DWR, by January 1, 2020, and at least every three years thereafter, to do one of the following:
- Update the MWELO.
- Make a finding that an update to the MWELO at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance.
The bill would further require DWR, upon updating the MWELO, to submit the update to the Building Standards Commission for consideration during the triennial revision process of the CalGreen Code.
The bill also makes a number of findings regarding the importance of the MWELO and the advantage of synchronizing the updates with the triennial cycle for revisions of the CalGreen Code.
ARGUMENTS IN SUPPORT
According to the author, “With California experiencing prolonged and serious drought conditions over the past 4 years, everyone – including homeowners, renters, businesses, government agencies, schools – has been asked to do everything they can to conserve water and improve water use efficiency. With outdoor water use consisting more than half the average household water use, attention to improving landscape irrigation efficiency should be an ongoing focus.”
“Synchronization of the Model Water Efficient Landscape Ordinance revision cycle with the CALGreen building code revision cycle would allow updated Model Water Efficient Landscape Ordinance standards to be adopted in the CALGreen building code revisions during the same triennial cycle. A synchronized revision cycle would also eliminate the current practice of updating Model Water Efficient Landscape Ordinance in an uncoordinated, unplanned, and ad hoc manner.”
ARGUMENTS IN OPPOSITION: None received
COMMENTS
Related Bills:
AB 1928(Campos) – would require the Energy Commission, by January 1, 2018, to adopt landscape irrigation equipment performance standards and labeling requirements. The sale of landscape irrigation equipment that does not meet those established performance standards and labeling requirements would be banned beginning January 1, 2020.
SB 1340 (Wolk) – would add to the model water efficient landscape ordinance a permit requirement for the installation or replacement of specified automatic irrigation systems, or the expansion of the same specified automatic irrigation systems to increase the irrigated area by 25% or more, for a landscape project on or after July 1, 2018.
SUGGESTED AMENDMENTS: None
SUPPORT
San Diego County Water Authority (sponsor)
Association of California Water Agencies
California Landscape Contractors Association
Nexus eWater Inc.
San Diego County Water Authority
Sierra Club California
Upper San Gabriel Valley Municipal Water District
OPPOSITION: None Received
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ASSEMBLY THIRD READING
ATR Bill Id:AB 2515
Author:(Weber)
As Amended Ver:May 27, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Water | 13-0 | Levine, Gallagher, Bigelow, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gomez, Lopez, Mathis, Medina, Olsen, Williams | |
Appropriations | 20-0 | Gonzalez, Bigelow, Bloom, Bonilla, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Roger Hernández, Holden, Jones, Obernolte, Quirk, Santiago, Wagner, Weber, Wood |
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SUMMARY: Requires the Department of Water Resources (DWR) to update the model water-efficient landscape ordinance (MWELO), by January 1, 2020, and every three years thereafter, or make a finding that an update is not useful or effective. When the MWELO is updated it requires DWR to submit it to the Building Standards Commission (BSC) for consideration in the triennial revision of the California Green Building Standards (CALGreen).
EXISTING LAW:
- Requires CALGreen to be updated every three years.
- Requires local agencies to have a water efficient landscape ordinance or DWR's MWELO will apply.
- Directs DWR to form an Independent Technical Panel (ITP) to provide information and recommendations to DWR and the Legislature on new demand management measures, technologies and approaches to water use efficiency.
FISCAL EFFECT: According to the Assembly Appropriations Committee the bill will have:
- One-time increased costs of approximately $500,000 (General Fund) over three years for DWR to update the MWELO.
- Ongoing minor costs of approximately $15,000, every three years, for DWR to coordinate with the BSC, Housing and Community Development and the State Architect.
COMMENTS: Synchronization of the MWELO with the CALGreen building code revision cycle would allow updated MWELO standards to be adopted in the regular CALGreen building code revisions.
One of the recommendations out of the February 2016 draft Independent Technical Panel report to the Legislature on Landscape Water Use Efficiency was to make the policy change in this bill.
The policy in this bill would build on several actions that were in the Governor's Executive Order B-29-15 from April 2015. The executive order required DWR to update the MWELO and required the State Water Resources Control Board to prohibit outdoor irrigation with potable water in new construction unless the irrigation was drip or microspray. In response to the executive order the MWELO was updated for the first time since 2010 and the BSC and Housing and Community Development for the first time placed mandatory water requirements on new construction.
There is no requirement in current law for future MWELO updates to be included in building code updates. This bill creates a process to ensure the latest landscape water use is included in the triennial building code updates.
Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096 FN: 0003281
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2515
Author:(Weber) – As Amended Ver:April 5, 2016
Policy Committee: | Water, Parks and Wildlife | Vote: | 13 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Water Resources (DWR) to update the model water-efficient landscape ordinance (model ordinance) or make a finding that an update is not useful or effective. Specifically, this bill:
- Requires DWR, on or before January 1, 2020, and every three years thereafter, to update the model ordinance or make a finding that the update at that time is not a useful or effective means to improve the efficiency of landscape water use or the administration of the model ordinance.
- Requires DWR to enter into a cooperative agreement, by June 30, 2017, with the Building Standards Commission (BSC), the Department of Housing and Community Development (HCD) and the Division of the State Architect to coordinate the ordinance with the triennial revision cycle of the green building standards (CALGreen).
FISCAL EFFECT:
- One-time increased costs of approximately $500,000 (GF) over three years for DWR to update the model ordinance.
- Ongoing minor costs of approximately $15,000, every three years, for DWR to coordinate with the BSC, HCD and State Architect,
- Unknown costs for BSC, HCD, and the State Architect to fulfill responsibilities for the model ordinance process within the triennial update, as determined by contract with DWR.
COMMENTS:
- Purpose. According to the author, with outdoor water use constituting more than half of average household water use, attention to improving landscape irrigation efficiency should be an ongoing focus. This bill requires coordination of the model ordinance with the CALGreen building code revision cycle.
- Background. One of the recommendations out of the February 2016 draft Independent Technical Panel report to the Legislature on Landscape Water Use Efficiency was to make the policy change in this bill.
The policy in this bill would build on several actions that were in the Governor’s Executive Order B-29-15 from April 2015. In particular, the executive order required DWR to update the model ordinance required the State Water Resources Control Board to prohibit outdoor irrigation with potable water in new construction unless the irrigation was drip or mircospray.
In response to the executive order, the model ordinance was updated for the first time since 2010. Following this update, the BSC and HDC placed mandatory water requirements on new construction. However, there is no requirement for future model ordinances to be included building code updates. This bill creates a process to ensure the latest landscape water use is included in the triennial building code updates.
- Related Legislation. AB 2525, to be heard by this committee later this month, requires DWR to establish the California Water Efficient Landscaping Program to promote the efficient use of water in landscaping.
AB 1928 (Campos) 2016, currently in this committee’s Suspense file, requires the State Energy Resources Conservation and Development Commission to adopt landscape irrigation equipment performance standards and labeling requirements. Both bills are pending in this Committee.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
ABPCA Bill Id:AB 2515 (
Author:Weber) – As Amended Ver:April 5, 2016
SUBJECT: Water Conservation in Landscaping Act: model water efficient landscaping ordinance
SUMMARY: Requires the Department of Water Resources (DWR) to on or before January 1, 2020, and at least every three years thereafter update the model water-efficient landscape ordinance (MWELO) or make a finding that an update is not useful or effective. Specifically, this bill:
- Requires DWR to hold at least one public hearing to determine if the MWELO should be updated or make a finding that an update is not useful or effective.
- Requires on or before June 30, 2017, that DWR enter into a cooperative agreement with the Building Standards Commission, the Department of Housing and Community Development and the Division of the State Architect to coordinate the MWELO with the triennial revision cycle of the building standards code.
EXISTING LAW:
- Requires the building standards code to be updated every three years with state agencies proposing changes at the front end of that cycle.
- Requires local agencies to have a water efficient landscape ordinance or DWR’s MWELO will apply.
- Directs DWR to form an Independent Technical Panel (ITP) to provide information and recommendations to DWR and the Legislature on new demand management measures, technologies and approaches to water use efficiency.
FISCAL EFFECT: Unknown
COMMENTS: Requires DWR starting in 2020 to update the MWELO every three years or find an update to be ineffective.
- Author’s Statement: In this prolonged and serious drought, everyone has been asked to do everything they can to conserve water and improve water use efficiency. With outdoor water use constituting more than half of the average household water use, attention to improving landscape irrigation efficiency should be an ongoing focus.
Synchronization of the Model Water Efficient Landscape Ordinance with the CALGreen building code revision cycle would allow updated Model Water Efficient Landscape Ordinance standards to be adopted in the CALGreen building code revisions during the same triennial cycle. This would provide assurance to all state and local agencies, code officials, and other stakeholders that the Department of Water Resources will be a reliable and consistent partner in updating the Model Water Efficient Landscape Ordinance.
- Background: One of the recommendations out of the February 2016 draft Independent Technical Panel report to the Legislature on Landscape Water Use Efficiency was to make the policy change in this bill.
The policy in this bill would build on several actions that were in the Governor’s Executive Order B-29-15 from April 2015. In particular, the executive order required DWR to update the MWELO and required the State Water Resources Control Board to prohibit outdoor irrigation with potable water in new construction unless the irrigation was drip or mircospray. In response to the executive order the MWELO was updated for the first time since 2010 and the Building Standards Commission and the Department of Housing and Community Development for the first time placed mandatory water requirements on new construction.
What was learned following those actions is that the process for reducing outdoor water use between the Building Standards Commission’s regular triennial update is not well coordinated with other departments. Shortly after adoption some of the positive steps taken toward outdoor water efficiency as a result of the Executive Order were potentially going to be rolled back because those actions were not synced up with the process at the Building Standards Commission and were not going to be included in the building code update.
As a matter of practice when a structure is newly constructed or remodeled it must be “brought up to code”. In the case of this policy, coordination between the building standards code and the MWELO would provide a mechanism for compliance on newly constructed or remodeled structures with the MWELO. This bill will help ensure slippage in progress toward improved landscape water efficiency does not occur and that steady progress can be made.
DWR has raised technical concerns related to cost with the approach in this bill. Should the bill move forward the author may wish to address these concerns.
- Prior and Related Legislation:
- AB 2525 (Holden) 2016 requires DWR to establish the California Water Efficient Landscaping Program, to among other things, promote the efficient use of water in landscaping. AB 2525 passed this committee 10-3 earlier this year.
- AB 1928 (Campos) 2016 requires the State Energy Resources Conservation and Development Commission to adopt landscape irrigation equipment performance standards and labeling requirements. AB 1928 passed this committee 11-1 earlier this year.
- AB 2617 (Mayes) 2016 requires the California Energy Commission to analyze the costs and benefits of incentives for various water efficiency measures.
- AB 1420 (Laird) Chapter 628, Statutes of 2007, directed DWR to form the ITP.
- AB 1881 (Laird), Chapter 559, Statues of 2006, required DWR to develop the MWELO and local agencies to comply with the MWELO.
- Supporting Arguments: This bill will increase MWELO enforcement and improve water efficiency. The bill will also eliminate the current practice of updating MWELO in an uncoordinated, unplanned, and ad hoc manner.
REGISTERED SUPPORT / OPPOSITION:
Support
San Diego County Water Authority
Opposition
None on File
Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096
Discussed in Hearing
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Bill Author
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