SB 780: Water Conservation in Landscaping Act.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-04-04
Previously existing law required the Department of Water Resources to develop a model local water efficient landscape ordinance by January 1, 1992, and the Water Conservation in Landscaping Act, which is part of the Planning and Zoning Law, requires the department to update the model ordinance, as provided. The act provides that, if a local agency did not adopt a water efficient landscape ordinance or specified findings that an ordinance is not necessary by January 1, 1993, that model ordinance applies within the jurisdiction of the local agency, except in the case of a chartered city. The act makes various findings and declarations of legislative intent.
This bill would require state and local agencies to adhere to specified principles of the watershed approach in landscaping. The bill would require the Department of Water Resources Resources, by January 1, 2019, to develop watershed approach-focused landscaping policies and incentives, including an enhanced model water efficient landscape ordinance, as provided. establish guidelines for designing, installing, and rehabilitating landscapes of any size consistent with the watershed approach to landscaping, as provided. The bill would require, within 6 months of adoption of the guidelines, the Department of Water Resources and any other state agency with a grant or loan program that provides funding for water-conserving or water-efficient landscapes, (1) for programs funded by general obligation bonds, to revise funding guidelines to provide a preference for projects that comply with the adopted guidelines; (2) for programs funded by sources other than general obligation bonds, to revise funding guidelines to require projects to comply with the adopted guidelines; and (3) for programs funded by any source, to give, to the extent feasible, additional funding preference for a project that implements the watershed approach to landscaping whose project application includes the use of services of specified entities. The bill would also require the Department of Water Resources to promote watershed approach-focused the watershed approach to landscaping by providing education and training for homeowners, contractors, certified community conservation corps, and other landscape professionals who plan, develop, or implement projects complying with the enhanced model ordinance. The bill would require the Natural Resources Agency to incorporate the enhanced model water efficient landscape ordinance standards into its incentive programs and guidelines, as provided, and would require that a local agency that provides landscape incentive programs provide as part of those programs a preference for projects that conform to the enhanced model water efficient landscape ordinance. By increasing the duties of local government officials with respect to landscaping, this bill would impost a state-mandated local program. landscaping projects.
This bill would authorize the Department of Resources Recycling and Recovery to promote the application of compost in urban areas of the state to assist with projects supplemented in accordance with the enhanced model water efficient landscape ordinance that follow the watershed approach to landscaping and, in coordination with the Department of Water Resources, to develop and implement pilot projects that support the understanding and deployment of compost to meet specified goals. The bill would also require the State Energy Resources Conservation and Development Commission, in coordination with the State Air Resources Board, to develop a greenhouse gas emissions reduction factor for new climate appropriate landscapes, as provided.
This bill would make additional findings related to the Water Conservation in Landscaping Act.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Previously existing law required the Department of Water Resources to develop a model local water efficient landscape ordinance by January 1, 1992, and the Water Conservation in Landscaping Act, which is part of the Planning and Zoning Law, requires the department to update the model ordinance, as provided. The act provides that, if a local agency did not adopt a water efficient landscape ordinance or specified findings that an ordinance is not necessary by January 1, 1993, that model ordinance applies within the jurisdiction of the local agency, except in the case of a chartered city. The act makes various findings and declarations of legislative intent.
This bill would require state and local agencies to adhere to specified principles of the watershed approach in landscaping. The bill would require the Department of Water Resources to develop watershed approach-focused landscaping policies and incentives, including an enhanced model water efficient landscape ordinance, as provided. The bill would also require the Department of Water Resources to promote watershed approach-focused education and training for homeowners, contractors, certified community conservation corps, and other landscape professionals who plan, develop, or implement projects complying with the enhanced model ordinance. The bill would require the Natural Resources Agency to incorporate the enhanced model water efficient landscape ordinance standards into its incentive programs and guidelines, as provided, and would require that a local agency that provides landscape incentive programs provide as part of those programs a preference for projects that conform to the enhanced model water efficient landscape ordinance. By increasing the duties of local government officials with respect to landscaping, this bill would impost a state-mandated local program.
This bill would authorize the Department of Resources Recycling and Recovery to promote the application of compost in urban areas of the state to assist with projects supplemented in accordance with the enhanced model water efficient landscape ordinance and, in coordination with the Department of Water Resources, to develop and implement pilot projects that support the understanding and deployment of compost to meet specified goals. The bill would also require the State Energy Resources Conservation and Development Commission, in coordination with the State Air Resources Board, to develop a greenhouse gas emissions reduction factor for new climate appropriate landscapes, as provided.
This bill would make additional findings related to the Water Conservation in Landscaping Act.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Unless the context requires otherwise, the following definitions govern the construction of this article:
(a)Department means the Department of Water Resources.
(b)Local agency means any city, county, or city and county, including a charter city or charter county.
(c)Water efficient landscape ordinance means an ordinance or resolution adopted by a local agency, or prepared by the department, to address the efficient use of water in landscaping.
(d)Watershed approach to landscaping means the landscaping approach described in subdivision (b) of Section 65595.1.
SEC. 2.Section 65593.5 is added to the Government Code, to read:65593.5.The Legislature finds and declares all of the following:
(a)The watershed approach to landscaping is a developing concept that considers every garden as though it were a mini-watershed, holding on to or cleaning all the water that falls onto it, and nurturing a diverse habitat of plants and insects.
(b)The primary benefits of the watershed approach to landscaping can include the following:
(1)Reduced applied water.
(2)Increased water retention in the soil.
(3)Improved rainwater capture.
(4)Improved drought preparedness and adaptation.
(5)Improved habitat.
(6)Reduced use of pesticides.
(c)Other benefits of using a watershed approach can include the following:
(1)Improved tree canopy and green spaces, especially in parks, greenbelts, urban areas, communities lacking trees, and school facilities.
(2)Workforce training for young men and women to design, install, and maintain watershed approach-focused landscapes, especially in disadvantaged communities.
(3)Carbon sequestration and associated greenhouse gas reduction benefits maintained through the enhancement and improved management of the urban forest canopy and through soil carbon sequestration via the application of compost and mulch.
(4)Production and application of compost made from organic materials, including formerly landfilled urban organic residuals, as well as the waste products of agriculture and forest management.
SEC. 2.SEC. 3.Section 65595.5 65595.1 is added to the Government Code, to read:65595.5.(a)State and local agencies shall do both of the following:(1)Promote landscaping that implements a watershed approach, which reduces water inputs, increases water retention in the soil, improves stormwater capture, improves drought preparedness and adaptation, increases green spaces and tree canopy in low-income communities, improves park and recreation facilities and schools, and helps California communities address the effects of climate change through increased carbon soil sequestration, reduced heat-island impacts, the creation of healthy living ecosystems, and the diversion of organic waste.(2)Promote a growing movement of emerging landscape professionals to expand and serve the increasing market for watershed-wise landscape services, including opportunities for employment and pathways to entrepreneurship of Californias at-risk youth in climate and watershed-appropriate landscape strategies, especially in disadvantages communities.(b)The landscaping projects described in paragraph (1) of subdivision (a)65595.1.(a)In addition to developing and updating the model local water efficient landscape ordinance established pursuant to this article, the department shall, by January 1, 2019, establish guidelines for designing, installing, and rehabilitating landscapes of any size consistent with the watershed approach to landscaping.
(b)The guidelines shall adhere to the following basic principles of the watershed approach to landscaping:
(1)Build and protect healthy, living soil. This includes cultural practices such as the following:
(A)Integrating compost into the soil.
(B)Providing a significant amount of mulch on top of the soil.
(C)Reducing, if not eliminating, fertilizers and pesticides.
(D)Decompacting soils.
(2)Capture rainwater as a resource. This includes cultural practices such as the following:
(A)Increasing the permeability of the landscape, including hardscapes.
(B)Capturing and retaining rainwater.
(C)Using graywater where appropriate.
(3)Use climate-appropriate plants. This includes cultural practices such as the following:
(A)Planting noninvasive plants selected for the specific climate and geography of the landscape.
(B)Spacing plants considering the mature size of the plant.
(C)Planting in the appropriate season.
(4)Where irrigation is necessary, use only highly efficient irrigation.
SEC. 3.Section 65595.6 is added to the Government Code, to read:65595.6.The department shall develop watershed approach-focused landscaping policies and incentives, including the enhanced model water efficient landscape ordinance pursuant to Section 65595.7, that promote all of the following for landscaping projects of any size:(a)Improved tree canopy and green spaces, especially in parks, greenbelts, urban areas, communities lacking trees, and school facilities.(b)Improved water management and drought preparedness.(c)Improved water capture and infiltration.(d)Improved stormwater capture.(e)Workforce training for young men and women to design, install, and maintain watershed approach-focused landscapes, especially in disadvantaged communities.(f)Growth of the movement and market for landscape professionals who are prepared to implement broad adaptation of watershed-focused landscaping practices.(g)Improved adaptation for urban communities related to the effects of drought and a changing climate.(h)Carbon sequestration and associated greenhouse gas reduction benefits maintained through the enhancement and improved management of the urban forest canopy and through soil carbon sequestration via the application of compost and mulch.(i)Production and application of compost made from organic materials, including formerly landfilled urban organic residuals, as well as the waste products of agriculture and forest management.SEC. 4.Section 65595.7 65595.2 is added to the Government Code, to read:65595.7.(a)The department shall develop an enhanced model water efficient landscape ordinance that conforms to the watershed approach, as described in Section 65595.5, and includes the following:(1)Minimum standards for design, installation, and maintenance.(2)Project certification or audits completed by qualified professionals trained in watershed approach-focused landscape practices.(3)Use of landscape professionals trained in watershed approach-focused landscape practices.(4)Use of the California Conservation Corps and certified community conservation corps, as defined in Section 14507.5 of the Public Resources Code.(b)The65595.2.(a)Within six months of adoption of guidelines pursuant to Section 65595.1, the department and any other state agency with a grant or loan program that provides funding for water-conserving or water-efficient landscapes shall do all of the following:
(1)For programs funded by general obligation bonds, revise funding guidelines to provide a preference for projects that comply with the adopted watershed approach to landscaping guidelines.
(2)For programs funded by sources other than general obligation bonds, revise funding guidelines to require projects to comply with the adopted watershed approach to landscaping guidelines.
(3)In addition to the requirements in paragraphs (1) and (2), for programs funded by any source, a project implementing the watershed approach to landscaping whose project application includes the use of services of one or more of the following entities shall be given, to the extent feasible, additional preference for funding:
(A)The California Conservation Corps.
(B)A certified community conservation corps, as defined in Section 14507.5 of the Public Resources Code.
(C)A nonprofit entity that provides job training and education opportunities for veterans, foster care recipients, farmworkers, or local youth in conservation or restoration projects.
(b)In addition to the requirements of subdivision (a), the department shall promote the watershed approach-focused approach to landscaping by providing education and training for homeowners, contractors, certified community conservation corps, and other landscape professionals who plan, develop, or implement projects complying with the enhanced model water efficient landscape ordinance. landscaping projects.
(c)The Natural Resources Agency, in coordination with all departments, boards, commissions, offices, and other entities within that agency, shall incorporate the enhanced model water efficient landscape ordinance standards into the incentive programs and guidelines of the agency and its departments, boards, commissions, offices, and other entities, as applicable.(d)A local agency that provides landscape incentive programs shall provide as part of those programs a preference for projects that conform to the enhanced model water efficient landscape ordinance.SEC. 5.Section 65595.8 65595.3 is added to the Government Code, to read:65595.8.65595.3.(a)The Department of Resources Recycling and Recovery, consistent with Section 42649.87 of the Public Resources Code, may promote the application of compost in urban areas of the state to assist with projects supplemented in accordance with the enhanced model water efficient landscape ordinance developed pursuant to Section 65595.7. that follow the watershed approach to landscaping, as described in Section 65595.1.
(b)The Department of Resources Recycling and Recovery, in coordination with the department, may develop and implement pilot projects that support the understanding and deployment of compost to meet the goals of this division.
SEC. 6.Section 65595.9 65595.4 is added to the Government Code, to read:65595.9.65595.4.The State Energy Resources Conservation and Development Commission, in coordination with the State Air Resources Board, shall develop an emissions reduction factor for new climate appropriate landscapes that follow the enhanced model water efficient landscape ordinance, developed pursuant to Section 65595.7, and the watershed approach, approach to landscaping, as described in Section 65595.5. 65595.1. The factor shall compare the performance of new landscapes to a baseline urban landscape that includes cool-season turf and nonclimate-adapted shrubbery. The emissions reduction factor shall consider, at a minimum, the effect that the following reductions have on the emissions of greenhouse gases:
(a)Reductions in water use for regular maintenance.
(b)Reductions in emissions from small gasoline-powered engines used for regular maintenance, including turfgrass mowing, edging, and similar functions. Reductions in criteria pollutants shall also be considered in this analysis.
(c)Reductions in the use of fossil fuel-based nitrogen, imported phosphorous, and other fertilizers.
(d)Reductions in the use of pesticides.
(e)Reductions in vehicle miles traveled, including fewer maintenance visits to landscapes and fewer tons of materials sent to landfills.
SEC. 7.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.The Legislature finds and declares all of the following:
(a)The waters of the state are of limited supply and are subject to ever increasing demands.
(b)The continuation of Californias economic prosperity is dependent on adequate supplies of water being available for future uses.
(c)It is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource.
(d)Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development.
(e)Landscape design, installation, maintenance, and management can and should be water efficient.
(f)California has been a global leader in reducing the emissions of greenhouse gases through the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and Executive Orders S-3-05 and B-30-15, issued by Governor Schwarzenegger on June 1, 2005, and Governor Edmund G. Brown on April 29, 2015, respectively.
(g)The states existing investment in natural infrastructure, including urban forest canopy, which helps accomplish both carbon sequestration and climate resilience, is at risk due to existing drought conditions and warming temperatures.
(h)Improved water retention and infiltration can greatly reduce reliance on energy-intensive, long-distance water imports and thereby reduce emissions of greenhouse gases.
(i)The state has recently developed a strategy to dramatically increase the diversion of organic waste being used to create compost and mulch.
(j)Composting and use of organic waste in improved landscape and healthy soil management have great potential to be cost effective at reducing greenhouse gas levels through improved carbon soil sequestration and may also greatly improve water retention and infiltration of stormwater flows.
(f)(k)Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable use or unreasonable method of use.
(g)(l)(1)The Legislature, pursuant to Chapter 682 of the Statutes of 2004, requested the California Urban Water Conservation Council to convene a stakeholders work group to develop recommendations for improving the efficiency of water use in urban irrigated landscapes.
(2)The work group report includes a recommendation to update the model water efficient landscape ordinance adopted by the department pursuant to Chapter 1145 of the Statutes of 1990.
(3)It is the intent of the Legislature that the department promote the use of this updated model ordinance.
(h)(m)Notwithstanding Article 13 (commencing with Section 65700), this article addresses a matter that is of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Accordingly, it is the intent of the Legislature that this article, except as provided in Section 65594, apply to all cities and counties, including charter cities and charter counties.
SEC. 2.Section 65595.5 is added to the Government Code, to read:65595.5.(a)State and local agencies shall do both of the following:
(1)Promote landscaping that implements a watershed approach, which reduces water inputs, increases water retention in the soil, improves stormwater capture, improves drought preparedness and adaptation, increases green spaces and tree canopy in low-income communities, improves park and recreation facilities and schools, and helps California communities address the effects of climate change through increased carbon soil sequestration, reduced heat-island impacts, the creation of healthy living ecosystems, and the diversion of organic waste.
(2)Promote a growing movement of emerging landscape professionals to expand and serve the increasing market for watershed-wise landscape services, including opportunities for employment and pathways to entrepreneurship of Californias at-risk youth in climate and watershed-appropriate landscape strategies, especially in disadvantages communities.
(b)The landscaping projects described in paragraph (1) of subdivision (a) shall adhere to the following basic principles of the watershed approach to landscaping:
(1)Build and protect healthy, living soil.
(2)Capture rainwater as a resource.
(3)Use climate-appropriate plants.
(4)Where irrigation is necessary, use only highly efficient irrigation.
SEC. 3.Section 65595.6 is added to the Government Code, to read:65595.6.The department shall develop watershed approach-focused landscaping policies and incentives, including the enhanced model water efficient landscape ordinance pursuant to Section 65595.7, that promote all of the following for landscaping projects of any size:
(a)Improved tree canopy and green spaces, especially in parks, greenbelts, urban areas, communities lacking trees, and school facilities.
(b)Improved water management and drought preparedness.
(c)Improved water capture and infiltration.
(d)Improved stormwater capture.
(e)Workforce training for young men and women to design, install, and maintain watershed approach-focused landscapes, especially in disadvantaged communities.
(f)Growth of the movement and market for landscape professionals who are prepared to implement broad adaptation of watershed-focused landscaping practices.
(g)Improved adaptation for urban communities related to the effects of drought and a changing climate.
(h)Carbon sequestration and associated greenhouse gas reduction benefits maintained through the enhancement and improved management of the urban forest canopy and through soil carbon sequestration via the application of compost and mulch.
(i)Production and application of compost made from organic materials, including formerly landfilled urban organic residuals, as well as the waste products of agriculture and forest management.
SEC. 4.Section 65595.7 is added to the Government Code, to read:65595.7.(a)The department shall develop an enhanced model water efficient landscape ordinance that conforms to the watershed approach, as described in Section 65595.5, and includes the following:
(1)Minimum standards for design, installation, and maintenance.
(2)Project certification or audits completed by qualified professionals trained in watershed approach-focused landscape practices.
(3)Use of landscape professionals trained in watershed approach-focused landscape practices.
(4)Use of the California Conservation Corps and certified community conservation corps, as defined in Section 14507.5 of the Public Resources Code.
(b)The department shall promote watershed approach-focused education and training for homeowners, contractors, certified community conservation corps, and other landscape professionals who plan, develop, or implement projects complying with the enhanced model water efficient landscape ordinance.
(c)The Natural Resources Agency, in coordination with all departments, boards, commissions, offices, and other entities within that agency, shall incorporate the enhanced model water efficient landscape ordinance standards into the incentive programs and guidelines of the agency and its departments, boards, commissions, offices, and other entities, as applicable.
(d)A local agency that provides landscape incentive programs shall provide as part of those programs a preference for projects that conform to the enhanced model water efficient landscape ordinance.
SEC. 5.Section 65595.8 is added to the Government Code, to read:65595.8.(a)The Department of Resources Recycling and Recovery, consistent with Section 42649.87 of the Public Resources Code, may promote the application of compost in urban areas of the state to assist with projects supplemented in accordance with the enhanced model water efficient landscape ordinance developed pursuant to Section 65595.7.
(b)The Department of Resources Recycling and Recovery, in coordination with the department, may develop and implement pilot projects that support the understanding and deployment of compost to meet the goals of this division.
SEC. 6.Section 65595.9 is added to the Government Code, to read:65595.9.The State Energy Resources Conservation and Development Commission, in coordination with the State Air Resources Board, shall develop an emissions reduction factor for new climate appropriate landscapes that follow the enhanced model water efficient landscape ordinance, developed pursuant to Section 65595.7, and the watershed approach, as described in Section 65595.5. The factor shall compare the performance of new landscapes to a baseline urban landscape that includes cool-season turf and nonclimate-adapted shrubbery. The emissions reduction factor shall consider, at a minimum, the effect that the following reductions have on the emissions of greenhouse gases:
(a)Reductions in water use for regular maintenance.
(b)Reductions in emissions from small gasoline-powered engines used for regular maintenance, including turfgrass mowing, edging, and similar functions. Reductions in criteria pollutants shall also be considered in this analysis.
(c)Reductions in the use of fossil fuel-based nitrogen, imported phosphorous, and other fertilizers.
(d)Reductions in the use of pesticides.
(e)Reductions in vehicle miles traveled, including fewer maintenance visits to landscapes and fewer tons of materials sent to landfills.
SEC. 7.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Feb 1, 2018 | Returned to Secretary of Senate pursuant to Joint Rule 56. |
| May 25, 2017 | May 25 hearing: Held in committee and under submission. |
| May 19, 2017 | Set for hearing May 25. |
| May 1, 2017 | May 1 hearing: Placed on APPR. suspense file. |
| Apr 21, 2017 | Set for hearing May 1. |
| Apr 20, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 785.) (April 19). Re-referred to Com. on APPR. |
| Apr 6, 2017 | Set for hearing April 19. |
| Apr 4, 2017 | Read second time and amended. Re-referred to Com. on EQ. |
| Apr 3, 2017 | From committee: Do pass as amended and re-refer to Com. on EQ. (Ayes 7. Noes 2. Page 513.) (March 28). |
| Mar 10, 2017 | Set for hearing March 28. |
| Mar 9, 2017 | Referred to Coms. on N.R. & W. and EQ. |
| Feb 21, 2017 | From printer. May be acted upon on or after March 23. |
| Feb 17, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 1, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 19, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
|
| Mar 28, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Environmental Quality] | Senate Standing Committee on Natural Resources and Water |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County Waste Management Authority | * Support | Apr 19, 2017 |
| Association Of Professional Landscape Designers California Chapter | * Support | Apr 19, 2017 |
| Association of Professional Landscape Designers San Diego | ** Support | Mar 23, 2017 |
| Association of Professional Landscape Designers - California Chapter | ** Support | Apr 17, 2017 |
| association of professional landscape designers - san diego | ** Support | Mar 23, 2017 |
| Audubon California | ** Support | Apr 17, 2017 |
| California Association Of Local Conservation Corps | ** Support | Apr 17, 2017 |
| California Association Of Nurseries And Garden Centers | ** Against | Apr 17, 2017 |
| California Compost Coalition | ** Support | Apr 17, 2017 |
| Californians Against Waste | * Support | Apr 19, 2017 |
| Carbon Cycle Institute | * Support | Apr 19, 2017 |
| David Clarke Design | ** Support | Apr 17, 2017 |
| EcoLandscape | ** Support | Apr 17, 2017 |
| Fleur Nooyen and Associates, LLC | ** Support | Apr 17, 2017 |
| G3, Green Gardens Group | ** Support | Mar 23, 2017 |
| Green Gardens Group | ** Support | Apr 17, 2017 |
| Heal The Bay | ** Support | Apr 17, 2017 |
| Individual | ** Support | Mar 23, 2017 |
| Kiss the Ground | ** Support | Apr 17, 2017 |
| League Of California Cities | * Against | Apr 19, 2017 |
| Living Gardens Landscape Design | ** Support | Apr 17, 2017 |
| Mono Lake Committee | ** Support | Apr 17, 2017 |
| Ornamental Gardens by Lisa | ** Support | Apr 17, 2017 |
| Ornamental Gardens by Lisa; | ** Support | Mar 23, 2017 |
| Poetic Plantings | ** Support | Apr 17, 2017 |
| ReScape | ** Support | Apr 17, 2017 |
| San Francisco Conservation Corps | * Support | Apr 19, 2017 |
| Save The Bay | ** Support | Apr 17, 2017 |
| Sierra Club | * Support | Apr 19, 2017 |
| Surfrider Foundation | * Support | Apr 19, 2017 |
| Terra Seco Gardens | ** Support | Apr 17, 2017 |
| the River Project | ** Support | Apr 17, 2017 |
| Treepeople | ** Support | Apr 17, 2017 |
| Trust for Public Land | ** Support | Apr 17, 2017 |
| WWLP | ** Support | Apr 17, 2017 |
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 780 (Wiener) - Water Conservation in Landscaping Act
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 780 requires the Department of Water Resources (DWR), by January 1, 2019, to establish guidelines for designing, installing, and rehabilitating landscapes of any size consistent with the watershed approach. It also provides that the California Energy Commission (CEC), the Air Resources Board (ARB), the Department of Resources Recycling and Recovery (CalRecycle) may develop complementary programs.
Fiscal Impact:
- Approximately $1.4 million (General Fund) to the DWR to establish guidelines and coordinate with other entities to develop the required or authorized programs.
- Approximately $150,000 (Cost of Implementation Fund) to the CEC to, in coordination with the ARB, develop the greenhouse gas (GHG) emissions reduction factor.
- Approximately $692,000 (Cost of Implementation Fund) to the ARB to, in coordination with the CEC, develop the GHG emission reduction factor.
- Unknown, likely significant, costs to CalRecycle to implement pilot projects to encourage the use of compost.
- Cost pressures in the millions (Greenhouse Gas Reduction Fund and other special funds) to provide financial incentives for the adoption of the watershed approach to landscaping.
Background:
What is a “watershed approach to landscaping”? As defined by the California Urban Water Conservation Council, the watershed approach is an integrated, holistic, and watershed-based approach to site-specific landscape design, construction, and maintenance that transcends water-use efficiency to address the related benefits of rainwater capture and use; reduction of pollution, GHGs, and green waste; energy and cost savings; and human and wildlife habitat improvements.
Model Water Efficient Landscape Ordinance (MWELO). The Water Conservation Act required the DWR to prepare, and triennially update, a MWELO to promote efficient landscapes in new developments and retrofitted landscapes. The act also required all local agencies to adopt a landscaping ordinance by 1993 or the model ordinance would automatically take effect.
On April 1, 2015, the Governor issued an executive order regarding the most recent 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, such as through more efficient irrigation systems 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.
Compost. Under current law, CalRecycle must, in consultation with relevant state agencies, establish by July 1, 2017, an incentives program for the use of compost from organic waste in landscaping and farming practices that increase drought resiliency and result in GHG emission reductions through increased carbon sequestration in urban and rural areas.
According to CalRecycle, compost is the controlled decomposition of organic material such as leaves, twigs, grass clippings, and food scraps. A wide range of materials may be composted, but they must consist of principally organic components (i.e. carbon-containing remnants or residues of life processes). Compost products may vary since the properties of any given compost depend on the nature of the original feedstock and the conditions under which it was decomposed. However, mature compost is normally dark brown in color and should have an even texture and a pleasant, earthy aroma.
Composting diverts organic materials out of landfills and turns it into a product that is useful for soil restoration. In addition to improving the quality of the soil, compost prevents soil erosion, reduces the need for chemical fertilizers, herbicides, and pesticides, and enables better soil water retention.
Greenhouse Gas Reduction Fund (GGRF). The California Global Warming Solutions Act of 2006 (referred to as AB 32) requires the California ARB to determine the 1990 statewide GHG emissions level, to approve a statewide GHG emissions limit equivalent to that level that will be achieved by 2020, and to adopt GHG emissions reductions measures by regulation. ARB is authorized to include the use of market-based mechanisms to comply with the regulations. Under this authority, the ARB initiated the cap-and-trade program. All monies, except for fines and penalties, collected pursuant to the cap-and-trade program are deposited in the GGRF. Existing law requires that the GGRF only be used to facilitate the achievement of reductions of GHG emissions consistent with AB 32.
Proposed Law:
This bill:
- By January 1, 2019, requires DWR to establish guidelines for designing, installing, and rehabilitating landscapes of any size consistent with the watershed approach, as specified.
- Within six months of adoption of the guidelines, requires DWR and any other state agency with a grant or loan program that provides funding for water-conserving or water-efficient landscapes give, to the extent feasible, additional funding preference for a project that implements the watershed approach to landscaping.
- Authorizes CalRecycle to promote the application of compost in urban areas to assist with projects that follow the watershed approach to landscaping.
- Authorizes CalRecycle to develop and implement pilot projects that support the understanding and deployment of compost to meet specified goals.
- Requires the State Energy Resources Conservation and Development Commission (CEC), in coordination with the State Air Resources Board, to develop an emissions reduction factor for new climate appropriate landscapes that follow the watershed approach to landscaping, as specified.
Related Legislation:
AB 2515 (Weber, Chapter 576, Statutes of 2016) amended MWELO, by requiring DWR, by January 1, 2020, and at least every three years thereafter, to update MWELO or make a finding that an update to MWELO at that time is not useful.
AB 2525 (Holden, 2016) would have required the DWR to create the California Water Efficient Landscaping Program, upon identification of a funding source. The bill died in Assembly Appropriation Committee.
AB 1928 (Campos, Chapter 326, Statutes of 2016) requires the State Energy Resources Conservation and Development Commission, by January 1, 2019, to adopt landscape irrigation equipment performance standards and labeling requirements.
SB 1340 (Wolk, 2016) would have added to the model ordinance a permit requirement for the installation or replacement of specified 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. SB 1340 was vetoed by the Governor.
Staff Comments:
- Purpose of Bill. According to the author:
Today, many regions are recovering from, or are still classified as being in, a drought. Over half of urban water use in California is dedicated to landscapes. Although it may seem natural to promote the removal of lawns, gardens, and landscapes as a strategy to reduce water use, experience has shown that forfeiting these important spaces also eliminates many benefits. Greater recreation, conservation, and workforce opportunities exist through designing and managing these spaces in a manner than emphasizes natural sustainability, while maintaining their visual and recreational appeal.
During the past several years, the state has advanced goals and strategies for water use efficiency, greenhouse gas emissions reductions, and organic waste diversion. However, the state has also acknowledged that additional innovation work needs to be done to achieve these important goals. Although some strategies at the landscape level have been advanced, there are areas that are not currently captured.
This policy would create statewide standards for landscapes of any size, that address the conservation and workforce benefits that exist through proper design, along with tools to promote voluntary implementation.
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2017 - 2018 Regular
Bill No: SB 780
Author: | Wiener | ||
Version: | 4/4/2017 | Hearing Date: | 4/19/2017 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Joanne Roy | ||
SUBJECT: Water Conservation in Landscaping Act.
ANALYSIS:
Existing law:
- Pursuant to the Water Conservation Act, requires the Department of Water Resources (DWR) to prepare a Model Water Efficient Landscape Ordinance.
- Requires, under the California Global Warming Solutions Act of 2006 (also known as AB 32), the Air Resources Board (ARB) to determine the 1990 statewide greenhouse gas (GHG) emissions level and approve a statewide GHG emissions limit that is equivalent to that level, to be achieved by 2020, and to adopt GHG emissions reductions measures by regulation.
- By July 1, 2017, requires the Department of Resources Recycling and Recovery (CalRecycle), in consultation with relevant state agencies to establish an incentives program for the use of compost from organic waste in landscaping and farming practices that increase drought resiliency and result in GHG emission reductions through increased carbon sequestration in urban and rural areas.
This bill:
- By January 1, 2019, requires DWR to establish guidelines for designing, installing, and rehabilitating landscapes of any size consistent with the watershed approach, as specified.
- Within six months of adoption of the guidelines, requires DWR and any other state agency with a grant or loan program that provides funding for water-conserving or water-efficient landscapes give, to the extent feasible, additional funding preference for a project that implements the watershed approach to landscaping.
- Authorizes CalRecycle to promote the application of compost in urban areas to assist with projects that follow the watershed approach to landscaping.
- Authorizes CalRecycle to develop and implement pilot projects that support the understanding and deployment of compost to meet specified goals.
- Requires the State Energy Resources Conservation and Development Commission (CEC), in coordination with the State Air Resources Board, to develop an emissions reduction factor for new climate appropriate landscapes that follow the watershed approach to landscaping, as specified.
Background
- What does “watershed approach to landscaping” mean? According to DWR, approximately half of California’s potable water supply is used as supplemental irrigation on urban landscapes given that most plants often cannot adapt to this climate. Recent and severe droughts have required that California accelerate toward more sustainable landscaping and water efficient landscape practices. One strategy towards this statewide transformation is a watershed based approach to designing the recovery and long-term future of California landscapes.
As defined by the California Urban Water Conservation Council (CUWCC), the watershed approach is an integrated, holistic, and watershed-based approach to site-specific landscape design, construction, and maintenance that transcends water-use efficiency to address the related benefits of rainwater capture and use; reduction of pollution, greenhouse gases, and green waste; energy and cost savings; and human and wildlife habitat improvements. - Model Water Efficient Landscape Ordinance (MWELO). Pursuant to the Water Conservation in Landscaping Act, DWR must prepare a MWELO. The act required all local agencies to adopt a landscaping ordinance by 1993 or the model ordinance would automatically take effect. In 2006, AB 1881 (Laird, Chapter 559, Statutes of 2006), revised the act significantly. Among other things, AB 1881 required DWR to revise the model ordinance by 2009. DWR adopted the revised MWELO on September 10, 2010.
On April 1, 2015, the Governor issued an executive order regarding the most recent 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, such as through more efficient irrigation systems 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.
AB 2515 (Weber, Chapter 576, Statutes of 2016) amended MWELO, by requiring DWR, by January 1, 2020, and at least every three years thereafter, to update MWELO or make a finding that an update to MWELO at that time is not useful. - Compost. According to CalRecycle, compost is the controlled decomposition of organic material such as leaves, twigs, grass clippings, and food scraps. A wide range of materials may be composted, but they must consist of principally organic components (i.e. carbon-containing remnants or residues of life processes). Compost products may vary since the properties of any given compost depend on the nature of the original feedstock and the conditions under which it was decomposed. However, mature compost is normally dark brown in color and should have an even texture and a pleasant, earthy aroma.
Composting diverts organic materials out of landfills and turns it into a product that is useful for soil restoration. In addition to improving the quality of the soil, compost prevents soil erosion, reduces the need for chemical fertilizers, herbicides, and pesticides, and enables better soil water retention.
Comments
- Purpose of Bill. According to the author:
Today, many regions are recovering from, or are still classified as being in, a drought. Over half of urban water use in California is dedicated to landscapes. Although it may seem natural to promote the removal of lawns, gardens, and landscapes as a strategy to reduce water use, experience has shown that forfeiting these important spaces also eliminates many benefits. Greater recreation, conservation, and workforce opportunities exist through designing and managing these spaces in a manner than emphasizes natural sustainability, while maintaining their visual and recreational appeal.
During the past several years, the state has advanced goals and strategies for water use efficiency, greenhouse gas emissions reductions, and organic waste diversion. However, the state has also acknowledged that additional innovation work needs to be done to achieve these important goals. Although some strategies at the landscape level have been advanced, there are areas that are not currently captured.
This policy would create statewide standards for landscapes of any size, that address the conservation and workforce benefits that exist through proper design, along with tools to promote voluntary implementation.
- CEC to develop an emissions reduction factor. SB 780 requires CEC to develop an emissions reduction factor comparing the performance of new landscapes to a baseline urban landscape.
In August 2015, CEC released a new online application that shows how climate change could alter desert ecosystems and the plants and animals that live there. The console features information that can be used to improve landscape-level planning that better accounts for climate change. According to CEC, the Climate Console can be used as part of state agencies’ climate adaptation efforts that are part of mitigation goals to reduce greenhouse gas emissions. While the console is currently focused on lands in the Desert Renewable Energy Conservation Plan area, new data sets are planned to be added so that it covers the entire state. Perhaps this new online application can help serve the purposes set forth in SB 780.
Related/Prior Legislation
AB 1928 (Campos, Chapter 326, Statutes of 2016) requires the State Energy Resources Conservation and Development Commission, by January 1, 2019, to adopt landscape irrigation equipment performance standards and labeling requirements.
SB 1340 (Wolk, 2016) would have added to the model ordinance a permit requirement for the installation or replacement of specified 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. SB 1340 was vetoed by the Governor.
DOUBLE REFERRAL:
This measure was heard in Senate Natural Resources & Water Committee on March 28, 2017, and passed out of committee with a vote of 7-2.
SOURCE:
Author
SUPPORT:
Association of Professional Landscape Designers – California Chapter
Audubon California
California Association of Local Conservation Corps
California Compost Coalition
Californians Against Waste
David Clarke Design
EcoLandscape
Fleur Nooyen and Associates, LLC
Green Gardens Group
Heal the Bay
Kiss the Ground
Living Gardens Landscape Design
Mono Lake Committee
Ornamental Gardens by Lisa
Poetic Plantings
ReScape
Save the Bay
Sierra Club – Angeles Chapter
Sierra Club California
Surfrider Foundation
Terra Seco Gardens
The River Project
TreePeople
Trust for Public Land
WWLP
OPPOSITION:
California Association of Nurseries and Garden Centers
League of California Cities
-- END --
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Robert Hertzberg, Chair
2017 - 2018 Regular
Bill No: SB Hearing Date: March 28, 2017
Author: | Wiener | ||
Version: | February 17, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Dennis O'Connor | ||
Subject: Water Conservation in Landscaping Act
BACKGROUND AND EXISTING LAW
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.
AB 2515 (Weber, 2016) amended MWELO, by requiring DWR, by January 1, 2020, and at least every three years thereafter, to update MWELO or make a finding that an update to MWELO at that time is not useful.
PROPOSED LAW
As staff understands it, the intent of the author is for this bill to:
- Develop a voluntary incentive program that promotes the watershed approach to landscaping, which could also result in a number of secondary benefits, including:
- Reduced organic waste.
- Reduced GHGs.
- Reduced stormwater and dry weather runoff.
- Increased job training and employment opportunities.
- Other benefits.
- Provide incentives for participating in the new program through:
- Revising new and existing grant funding guidelines to require compliance with this new higher standard.
- Providing emissions reduction credits for new or rehabilitated landscapes that conform to the enhanced landscaping standard
ARGUMENTS IN SUPPORT
A coalition of environmental and landscaping interests writes “On average, California residents spend over 50% of their water use on landscaping and other outdoor activities. With many existing techniques available to increase rain water use efficiency, California landscapes present a great and largely untapped opportunity for reducing water use throughout the state. Research and experience is showing that healthy soil is key to water retention, carbon sequestration and methane emission reductions, and filtering water runoff. By taking a watershed approach to landscape planning and management, the state is able to support the value of landscapes for quality-of-life, while ensuring that they are designed with the state’s resources in mind. The watershed approach integrates four elements: promote healthy living soil, rainwater retention in soil, climate-appropriate plants, and the most efficient supplemental irrigation. In addition, development and training of an educated workforce is needed to design, install and manage these landscapes. “
“In addition to potable water use reduction, this bill will result in many co-benefits, including: greenhouse gas sequestration in plants and soil, improved stormwater management and flood mitigation, groundwater recharge, decreased energy use, beneficial recycling and use of organic waste and decreased methane emissions, improved water quality, air quality improvements, and increased opportunities for workforce training and job development.”
“By incentivizing projects that incorporate minimum, achievable standards, we can expect to see transformed environments throughout California, planned and managed to protect the state’s natural resources while maintaining the sanctity of neighborhood landscapes. SB 780 creates a necessary tool to better conserve and manage California’s precious natural resources, and we strongly urge your ‘aye’ vote.”
ARGUMENTS IN OPPOSITION
California Association of Nurseries and Garden Centers (CANGC) raise three specific issues with the bill. First, they are concerned with the requirement to use “climate-appropriate plants,” which is not defined in the bill. “This is problematic as it requires a plat list to be created without consideration of the fact that how you group plants, rather than the actual plant, is what makes a landscape ‘climate appropriate.’ … Plant lists should serve as guidelines to help identify plants of similar water requirements, but they should never be used as a definitive answer to water conservation.”
Second, they object to the new standards applying to landscapes of any size. The current MWELO applies only to projects over 500 sq. ft. They assert that expanding such requirements to landscapes of any size would, in many cases, be impractical and burdensome.
Finally, they note “DWR hasn’t yet completed or implemented the latest MWELO update, but have a goal to complete and begin implementing the update by 2018, prior to the 2020 deadline mandated in AB 2515 (Weber). Because of this pending update, any broad application of the MWELO, especially to those landscapes currently included in the MWELO, is premature.”
COMMENTS
What Is The Watershed Approach To Landscaping? According to a briefing paper by DWR, “The watershed approach is a natural approach to integrated and site-specific landscape design, construction, and maintenance that transcends water-use efficiency to address the related benefits of rainwater capture and use; reduction of pollution, greenhouse gases, and green waste; energy and cost savings; and human and wildlife habitat improvements.”
DWR offers “a cursory glance at three key facets of the watershed approach:”
- Living Soils
- Compost integration – improves soil health, productivity, water retention capacity, and carbon sequestration value.
- Mulch top-layer – limits water lost to evaporation.
- Fertilizer/pesticide reduction or elimination – allows critical soil microbes to reproduce and thrive, limits human and animal exposure to harmful chemicals entering landscapes, cuts landscape input costs.
- Soil de-compaction – allows subsurface air and water flow, plant growth, and water storage.
- Water Conservation & Supply Augmentation
- Landscape permeability – cleans and absorbs water, recharges groundwater, limits need for supplemental irrigation.
- Rainwater capture and retention – limits need for supplemental irrigation.
- Graywater use – limits need for supplemental irrigation, reduces wastewater flow.
- Minimized, efficient, and climate-sensitive supplemental irrigation – augments natural supply only when needed.
- Proper Plant Selection
- Right Plant, Right Place, Right Time – non-invasive, native/climate-appropriate plants selected for a specific climate and geography, spaced for mature size, and planted in the appropriate season help build soils, conserve water, and provide habitat
(http://www.water.ca.gov/calendar/materials/watershed_approach_briefing_19068.pdf)
Premature? DWR is reportedly already working toward adopting an updated MWELO ahead of the 2020 deadline established by AB 2515 (Weber, 2016). While it is too soon to know what will be in the final update, the fact that DWR has produced documents touting the watershed approach to landscaping suggests that many, if not all elements are likely to be reflected in the next MWELO update.
Mandatory Vs. “Sparkle Points.” This bill would require all relevant state funded programs to require compliance with the new landscape provisions to be eligible for funding. Virtually all programs that would be affected by this bill are funded by the state with bond funds. The Legislature cannot prohibit the funding of programs/projects that otherwise meet the requirements established in voter approved bond measures. What the Legislature can do is give a preference to funding projects that have desired characteristics. This preference in funding is sometimes referred to as “sparkle points.”
Work In Progress. This bill is a work in progress. Should the committee pass this bill, staff recommends that it be directed to draft amendments to rewrite the bill to clearly reflect the intent of the author as described under “Proposed Law” as modified by the comment regarding “sparkle points.”
Double-Referral. The Rules Committee referred this bill to both the Committee on Natural Resources and Water and to the Committee on Environmental Quality. Therefore, if this bill passes this committee, it will be referred to the Committee on Environmental Quality, which will consider the issues within their jurisdiction.
SUGGESTED AMENDMENTS: Described under “Work In Progress”
SUPPORT
Association of Professional Landscape Designers – California Chapter
Association of Professional Landscape Designers – San Diego
California Association of Local Conservation Corps
California Compost Coalition
Californians Against Waste
David Clarke Design
Fleur Nooyen and Associates, LLC
G3, Green Gardens Group
Heal the Bay
Living Gardens Landscape Design
Ornamental Gardens by Lisa;
Poetic Plantings
ReScape
Save the Bay
Sierra Club California
Surfrider Foundation
Terra Seco Gardens
The River Project
Individual (1)
OPPOSITION
California Association of Nurseries and Garden Centers
-- END --
Discussed in Hearing
Senate Standing Committee on Appropriations
Senate Standing Committee on Appropriations
Senate Standing Committee on Environmental Quality
Bill Author
Bill Co-Author(s):