AB 2947: Water: turfgrass conversion.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-04-08
Current Status:
Failed
(2024-05-16: In committee: Held under submission.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law establishes the Department of Water Resources within the Natural Resources Agency and prescribes the powers and responsibilities of the department. The Water Conservation in Landscaping Act provides for a model water efficient landscape ordinance that is adopted and updated at least every 3 years by the department, unless the department makes a specified finding.
This bill would prohibit the department, when it allocates funding for turf replacement programs, from excluding urban water suppliers turfgrass conversion rebate programs if the rebate program requires the recipient of a rebate to achieve a net water savings and to use the most efficient turfgrass irrigation equipment, as provided. The bill would require an urban water supplier that offers a turfgrass conversion rebate program using funds awarded by the department after January 1, 2025, to report annually to the department on the number of turfgrass conversions that are funded through the program and the estimated water savings from the program. program until the funds are exhausted.
Existing law establishes the Department of Water Resources within the Natural Resources Agency and prescribes the powers and responsibilities of the department. The Water Conservation in Landscaping Act provides for a model water efficient landscape ordinance that is adopted and updated at least every 3 years by the department, unless the department makes a specified finding.
This bill would prohibit the department, when it allocates funding for turf replacement programs, from excluding urban water suppliers turfgrass conversion rebate programs if the rebate program requires the recipient of a rebate to achieve a net water savings and to use the most efficient turfgrass irrigation equipment, as provided. The bill would require an urban water supplier that offers a turfgrass conversion rebate program to report annually to the department on the number of turfgrass conversions that are funded through the program and the estimated water savings from the program.
The Legislature finds and declares all of the following:
(a)On average, California communities use 10 percent of water statewide, agriculture uses 40 percent, and the environment uses 50 percent, according to the Public Policy Institute of California.
(b)According to the Natural Resources Defense Council, about one-half of Californias urban water usage is for outdoor uses such as landscaping, pools, and washing cars, and 70 percent of that usage is residential. This means that, of Californias total water use, approximately 3.5 percent is outdoor residential use.
(c)According to the Public Policy Institute of California, total urban water use has plateaued, even though Californias population grew by 5.5 million people from 2000 to 2020.
(d)The State Water Resources Control Board found all of the following in a January 2022 report on the environmental effects of potential urban water use efficiency standards on urban retail water suppliers, wastewater management agencies, and urban landscapes:
(1)Given the diversity of urban forests and urban contexts across California, reduced residential outdoor water use associated with Chapter 15 of the Statutes of 2018 (Assembly Bill 1668 of the 201718 Regular Session) and Chapter 14 of the Statutes of 2018 (Senate Bill 606 of the 201718 Regular Session) is expected to have varying impacts on urban trees.
(2)If the needs of existing trees are not fully considered in the design of water-wise yards, the process of landscape conversion can physically damage existing tree roots and create sudden changes in irrigation, potentially leading to tree water stress and decline.
(3)Even when drip irrigation is installed with trees water needs in mind, it may not supply enough water to alleviate tree water stress under high-temperature conditions in arid climates, which could be a concern in arid southern or inland regions of the state.
(e)The State Energy Resources Conservation and Development Commission has found the cooling effect of an average size lawn is equal to about nine tons of air conditioning. The average home has an air conditioner with a three- or four-ton capacity.
(f)One 50-foot-by-50-foot patch of turfgrass produces enough oxygen for a family of four.
(g)An average-sized healthy lawn can capture as much as 300 pounds of carbon per year and one soccer field can offset the carbon produced by a car driving 3,000 miles.
(h)Environmental heating is reduced by turfgrass. On a hot summer day, a well maintained turfgrass area will be at least 30 degrees cooler than asphalt and 14 degrees cooler than bare soil.
(i)Climate appropriate turfgrass species, such as warm season turfgrasses, require 20 percent less water than cool season turfgrasses, according to a University of California study.
SEC. 2.Article 5 (commencing with Section 320) is added to Chapter 2.5 of Division 1 of the Water Code, to read:5.Turfgrass Conversion320.For purposes of this article, the following definitions apply:
(a)Turfgrass conversion means the transition of existing turfgrass to climate-appropriate turfgrass varieties or ground cover that requires less water than the existing landscape area. Turfgrass conversion does not include conversion to artificial turf.
(b)Urban water supplier has the same meaning as defined in Section 10617.
321.(a)(1)When the department allocates funding for turf replacement programs from funding appropriated for water conservation purposes, the department shall not exclude turfgrass conversion rebate programs that meet the requirements of paragraph (2).
(2)For purposes of paragraph (1), an urban water suppliers turfgrass conversion rebate program shall require the recipient of a rebate to achieve a net water savings based on the Plant Factors for Turfgrasses published by the University of California, Davis, California Center for Urban Horticulture. A turfgrass conversion rebate program shall also require the use of the most efficient turfgrass irrigation equipment identified by the model water efficient landscape ordinance adopted by the department pursuant to the Water Conservation in Landscaping Act (Article 10.8 (commencing with Section 65591) of Chapter 3 of Division 1 of Title 7 of the Government Code) at the time a rebate application is submitted to the rebate program.
(b)As part of the next update to the revisions to the publication Water Use Classification of Landscape Species after January 1, 2025, the department, in collaboration with the University of California, Davis, California Center for Urban Horticulture, shall update the Plant Factors for Turfgrasses to reflect the latest known water requirements for turfgrass varieties.
322.(a)The department may use the saveourwater.com internet website and outreach campaign to provide information and resources on water savings from, and the environmental benefits of, turf conversion.
(b)It is the intent of the Legislature that information and resources provided pursuant to subdivision (a) emphasize the ecological and health benefits of maintaining appropriate green spaces, efficient watering practices for turfgrass, and the potential negative consequences of complete turfgrass removal if it is not replaced with living landscape.
323.(a)An urban water supplier that offers a turfgrass conversion rebate program using funds awarded by the department after January 1, 2025, shall report annually to the department on the number of turfgrass conversions that are funded through the program and the estimated water savings from the program. program until the funds are exhausted.
(b)The department may audit and review an urban water suppliers effectiveness pursuant to this article and its adherence to the requirements of this article.
The Legislature finds and declares all of the following:
(a)On average, California communities use 10 percent of water statewide, agriculture uses 40 percent, and the environment uses 50 percent, according to the Public Policy Institute of California.
(b)According to the Natural Resources Defense Council, about one-half of Californias urban water usage is for outdoor uses such as landscaping, pools, and washing cars, and 70 percent of that usage is residential. This means that, of Californias total water use, approximately 3.5 percent is outdoor residential use.
(c)According to the Public Policy Institute of California, total urban water use has plateaued, even though Californias population grew by 5.5 million people from 2000 to 2020.
(d)The State Water Resources Control Board found all of the following in a January 2022 report on the environmental effects of potential urban water use efficiency standards on urban retail water suppliers, wastewater management agencies, and urban landscapes:
(1)Given the diversity of urban forests and urban contexts across California, reduced residential outdoor water use associated with Chapter 15 of the Statutes of 2018 (Assembly Bill 1668 of the 201718 Regular Session) and Chapter 14 of the Statutes of 2018 (Senate Bill 606 of the 201718 Regular Session) is expected to have varying impacts on urban trees.
(2)If the needs of existing trees are not fully considered in the design of water-wise yards, the process of landscape conversion can physically damage existing tree roots and create sudden changes in irrigation, potentially leading to tree water stress and decline.
(3)Even when drip irrigation is installed with trees water needs in mind, it may not supply enough water to alleviate tree water stress under high-temperature conditions in arid climates, which could be a concern in arid southern or inland regions of the state.
(e)The State Energy Resources Conservation and Development Commission has found the cooling effect of an average size lawn is equal to about nine tons of air conditioning. The average home has an air conditioner with a three- or four-ton capacity.
(f)One 50-foot-by-50-foot patch of turfgrass produces enough oxygen for a family of four.
(g)An average-sized healthy lawn can capture as much as 300 pounds of carbon per year and one soccer field can offset the carbon produced by a car driving 3,000 miles.
(h)Environmental heating is reduced by turfgrass. On a hot summer day, a well maintained turfgrass area will be at least 30 degrees cooler than asphalt and 14 degrees cooler than bare soil.
(i)Climate appropriate turfgrass species, such as warm season turfgrasses, require 20 percent less water than cool season turfgrasses, according to a University of California study.
SEC. 2.Article 5 (commencing with Section 320) is added to Chapter 2.5 of Division 1 of the Water Code, to read:5.Turfgrass Conversion320.For purposes of this article, the following definitions apply:
(a)Turfgrass conversion means the transition of existing turfgrass to climate-appropriate turfgrass varieties or ground cover that requires less water than the existing landscape area. Turfgrass conversion does not include conversion to artificial turf.
(b)Urban water supplier has the same meaning as defined in Section 10617.
321.(a)(1)When the department allocates funding for turf replacement programs from funding appropriated for water conservation purposes, the department shall not exclude turfgrass conversion rebate programs that meet the requirements of paragraph (2).
(2)For purposes of paragraph (1), an urban water suppliers turfgrass conversion rebate program shall require the recipient of a rebate to achieve a net water savings based on the Plant Factors for Turfgrasses published by the University of California, Davis, California Center for Urban Horticulture. A turfgrass conversion rebate program shall also require the use of the most efficient turfgrass irrigation equipment identified by the model water efficient landscape ordinance adopted by the department pursuant to the Water Conservation in Landscaping Act (Article 10.8 (commencing with Section 65591) of Chapter 3 of Division 1 of Title 7 of the Government Code) at the time a rebate application is submitted to the rebate program.
(b)As part of the next update to the revisions to the publication Water Use Classification of Landscape Species after January 1, 2025, the department, in collaboration with the University of California, Davis, California Center for Urban Horticulture, shall update the Plant Factors for Turfgrasses to reflect the latest known water requirements for turfgrass varieties.
322.(a)The department may use the saveourwater.com internet website and outreach campaign to provide information and resources on water savings from, and the environmental benefits of, turf conversion.
(b)It is the intent of the Legislature that information and resources provided pursuant to subdivision (a) emphasize the ecological and health benefits of maintaining appropriate green spaces, efficient watering practices for turfgrass, and the potential negative consequences of complete turfgrass removal if it is not replaced with living landscape.
323.(a)An urban water supplier that offers a turfgrass conversion rebate program shall report annually to the department on the number of turfgrass conversions that are funded through the program and the estimated water savings from the program.
(b)The department may audit and review an urban water suppliers effectiveness pursuant to this article and its adherence to the requirements of this article.
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Date
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Status
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| May 16, 2024 | In committee: Held under submission. |
| May 1, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 23, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (April 23). Re-referred to Com. on APPR. |
| Apr 9, 2024 | Re-referred to Com. on W., P., & W. |
| Apr 8, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P., & W. Read second time and amended. |
| Mar 11, 2024 | Referred to Com. on W., P., & W. |
| Feb 17, 2024 | From printer. May be heard in committee March 18. |
| Feb 16, 2024 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 23, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | 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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|---|---|---|
| American Seed Trade Association | ** Support | |
| Bay Area Jewish Earth Alliance | ** Support | |
| California Alliance For Golf | ** Support | |
| California Golf Course Superintendents Association | ** Support | |
| California Manufacturers & Technology Association | ** Support | |
| California Seed Association | ** Support | |
| Golf Course Superintendents Association of America | ** Support | |
| OFA Marin | ** Support | |
| Safe Healthy Playing Fields, Inc. | ** Support | |
| San Diegans for Sustainable, Equitable, & Quiet Equipment in Landscaping | ** Support | |
| Scotts Miracle-Gro Company | ** Support | |
| Southern California Golf Association | ** Support | |
| Turfgrass Water Conservation Alliance | ** Support |
Date of Hearing: May 1, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2947
Author:(Lackey) – As Amended Ver:April 8, 2024
Policy Committee: | Water, Parks and Wildlife | Vote: | 14 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Water Resources (DWR), when it allocates funding for turf replacement programs from funding appropriated for water conservation purposes, to not exclude turfgrass conversion rebate programs that meet specified conditions.
In addition, this bill:
- Requires an urban water supplier’s turfgrass conversion program to (a) require the recipient of a rebate to achieve a net water savings, as specified, and (b) require the use of the most efficient turfgrass irrigation equipment identified by the model water efficient landscape ordinance adopted by DWR, as specified.
- Requires DWR, as part of the next update to the revisions to the publication “Water Use Classification of Landscape Species” (WUCOLS), to update the plant factors for turfgrasses in collaboration with the University of California, Davis, California Center for Urban Horticulture to reflect the latest known water requirements for turfgrass varieties.
- Permits DWR to use the saveourwater.com website to provide information and resources on water savings from, and environmental benefits of, turf conversion.
- Requires an urban water supplier that offers a turfgrass conversion rebate program using funds awarded by DWR after January 1, 2025, to report annually to DWR on the number of turfgrass conversions that are funded through the program and the estimated water savings from the program until the funds are exhausted.
- Authorizes DWR to audit and review an urban water supplier’s turfgrass conversion program implemented under this bill.
FISCAL EFFECT:
1) DWR estimates costs of approximately $675,000 over three years (General Fund) for one limited-term position to update the WUCOLS database to include water requirements for turfgrass species. Should DWR choose to conduct a statewide audit of urban water suppliers’ turfgrass conversion programs, the department estimates an additional one-time cost of approximately $1 million (General Fund).
2) Future cost pressure of an unknown but potentially significant amount, likely in the hundreds of thousands of dollars to low millions of dollars, on DWR’s water conservation incentive programs (General Fund or bond funds). DWR notes its rebate programs have historically funded turfgrass replacement, not conversion. This bill increases the eligible uses of DWR’s grant programs.
According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
1) Purpose. According to the author:
Recognizing the diverse landscapes and conservation needs across the state, there is no one-size-fits-all solution to saving water. Urban water suppliers will need more options and resources to encourage their ratepayers to further reduce outdoor water use. This bill seeks to provide an opportunity to realize water savings on turf landscapes by installing climate-appropriate turf coupled with the most efficient irrigation equipment available.
2) Background.
Turfgrass Conversion. This bill defines “turfgrass conversion” as the transition of existing turfgrass to climate-appropriate turfgrass varieties or ground cover that requires less water than the existing landscape area. The bill specifies that turfgrass conversion does not include conversion to artificial turf.
DWR implements various water conservation funding programs that provide funds to local water agencies that, in turn, use the state funds to offer or match water conservation rebates to their customers. For example, in June 2023, DWR’s Urban Community Drought Relief Grant Program awarded $288 million for various drought and flood projects. Local agencies, nonprofit organizations, and tribes were eligible to apply for these funds to implement projects such as drought planning, education, fixture replacement incentives and rebates, and rebates for turf replacement with drought tolerant landscaping or with climate appropriate turf species. The Metropolitan Water District of Southern California, for example, received $30 million to implement a turf replacement program available to all its member agencies. This bill, among other things, provides that, when future funding is appropriated to DWR for turf replacement rebates, turfgrass conversion is eligible for funding.
WUCOLS. WUCOLS offers water use data for more than 3,500 plants and, according to DWR, “helps users find the perfect plants for their water needs.” Using the database, users can search for plants by region, water requirement, and plant type. According to DWR, the next update to the WUCOLS is scheduled for November 2024. This bill requires DWR, as part of the next WUCOLS update, to update the plant factors for turfgrasses to reflect water requirements for different turfgrass species.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: April 23, 2024
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Diane Papan, Chair
ABPCA Bill Id:AB 2947 (
Author:Lackey) – As Amended Ver:April 8, 2024
SUBJECT: Water: turfgrass conversion
SUMMARY: Requires the Department of Water Resources (DWR) to permit “turfgrass conversion” rebates when allocating water conservation funds to local water agencies. Specifically, this bill:
- Defines “turfgrass conversion” for the purposes of this bill as the transition of existing turfgrass to climate-appropriate turfgrass varieties or ground cover that requires less water than the existing landscape area. Clarifies that “turfgrass conversion” does not include conversion to artificial turf.
- Provides DWR shall not exclude turfgrass conversion rebate programs when it allocates funding to turf replacement programs for conservation purposes so long as the turfgrass conversion program meets the following:
- The recipient of a turfgrass conversion rebate achieves a net water savings based on the Plant Factors for Turfgrasses published by the University of California, Davis, California Center for Urban Horticulture; and
- Requires the use of the most efficient turfgrass irrigation equipment identified by the model water efficient landscape ordinance (MWELO) adopted by DWR.
- Requires DWR, after January 1, 2025, to update the Plant Factors for Turfgrasses in collaboration with the University of California, Davis, California Center for Urban Horticulture to reflect the latest known requirements for turfgrass varieties.
- Permits DWR to use the saveourwater.com website to provide information on water savings from, and environmental benefits of, turf conversion. States the Legislature’s intent that DWR emphasize the ecological and health benefits of maintaining appropriate green spaces, efficient watering practices for turfgrass, and the potential negative consequences of complete turfgrass removal when educating the public about water conservation.
- Requires an urban water supplier receiving funds awarded by DWR for turfgrass conversion rebates after January 1, 2025 to report annually to DWR on the number of turfgrass conversions funded under the program and the associated estimated water savings.
- Provides DWR may audit and review an urban water supplier’s turfgrass conversion program implemented under this bill.
- States legislative findings and declarations regarding water use in California and the benefits of water conservation.
EXISTING LAW:
- Prohibits the use of potable water to irrigate nonfunctional turf on commercial, municipal, institutional (except for cemeteries), homeowners' association, common interest development, and community service organization properties. Begins a phase-in of this ban on specified property types beginning January 1, 2027 (Water Code § 10606.14).
- Enacts the Water Conservation in Landscaping Act to promote the conservation and efficient use of water in landscape design, installation, maintenance, and management. Under the Act, DWR must adopt MWELO and prescribes contents of MWELO, including provisions for water conservation, appropriate groupings of plants for different climates, a landscape water budget, and stormwater capture (Government Code § 65591 et seq.).
- Requires local agencies to adopt MWELO or a comparable ordinance that is at least as effective as the updated MWELO by January 1, 2010, and provides that MWELO shall apply if a local agency does not meet this deadline (Government Code § 65595).
FISCAL EFFECT: Unknown. This bill is keyed fiscal.
COMMENTS:
- Purpose of this bill. According to the author, “Recognizing the diverse landscapes and conservation needs across the state, there is no one-size-fits-all solution to saving water. Urban water suppliers will need more options and resources to encourage their ratepayers to further reduce outdoor water use. This bill seeks to provide an opportunity to realize water savings on turf landscapes by installing climate-appropriate turf coupled with the most efficient irrigation equipment available.”
“Water is an incredibly divisive issue, it is important that as a state we focus on conservation to ensure that all Californians have access to clean water. But, in order to make that happen, we must encourage our neighbors to convert to water-saving practices, products, and so much more. Considering the impacts of climate change, we all must be conscience of our water usage, for not only ourselves, but our future children.” - Background. AB 325, Chapter 1145, Statutes of 1990, enacted the Water Conservation in Landscaping Act requiring DWR to develop MWELO. This model ordinance applies to new development and retrofitted landscapes and is aimed at increasing water efficiency and improving environmental conditions in the built environment. The original MWELO was adopted and went into effect January 1, 1993. MWELO was then updated in January 1, 2010 and again in April 2015 (via Executive Order B-29-15.) Local agencies must adopt a local ordinance that is at least as stringent as MWELO and must report to DWR on implementation of MWELO by January 31st each year.
Water conservation programs. DWR implements various water conservation funding programs that provides funds to local water agencies that, in turn, use the state funds to offer or match water conservation rebates to their customers. A recent example is the 2022 Urban Community Drought Relief Grant Program (2022 Program). The 2022 Program combined drought relief, turf replacement, and water conservation programs and made approximately $300 million available for various projects to reduce water demand. Local agencies, nonprofit organizations, and tribes were eligible to apply for these funds to implement projects such as drought planning, education, fixture replacement incentives and rebates, and rebates for turf replacement with drought tolerant landscaping or with climate appropriate turf species. The Legislature appropriated the funding for the 2022 Program as part of larger drought relief packages contained in the Budget Act of 2021 and Budget Act of 2022. This bill ensures that, when future funding is appropriated to DWR for turf replacement rebates, turfgrass conversion rebates will be eligible for the funding. - Arguments in support. ScottsMiracle-Gro is the sponsor of this bill and maintains that turf is an essential part of our environment and that it provides a number of benefits including carbon sequestration, reduced stormwater runoff, improved soil quality, decreased noise pollution, and reduced temperatures. ScottsMiracle-Gro argues “Use of more water efficient grasses coupled with conventionally utilized strategies and tools in landscape transition is a sound strategy to engage with homeowners and it provides those who do not wish to remove their lawns an equal opportunity to play a part in the greater water conservation effort while retaining the green spaces they desire for their home and family needs” and that, by simply making funds available for turf conversion, this bill gives communities options to reduce water use.
- Related legislation. AB 1572 (Friedman), Chapter 849, Statutes of 2023, prohibits the use of potable water to irrigate nonfunctional turf on commercial, municipal, institutional (except for cemeteries), homeowners' association, common interest development, and community service organization properties. Begins a phase-in of this ban on specified property types beginning January 1, 2027.
AB 1573 (Friedman) of the current legislative session makes changes to required provisions in MWELO including the use of more nonnative plants that are non-invasive, provide pollinator benefits, and are low-water use, and native plants, and prohibiting the use of nonfunctional turf in nonresidential landscape projects. AB 1573 is pending on the Senate Inactive file.
AB 1881 (Laird), Chapter 559, Statutes of 2006, requires DWR to update MWELO by January 1, 2009, based on recommendations in the report requested by AB 2717 (Laird), Chapter 682, Statutes of 2004, and requires local agencies to adopt the updated MWELO or an alternative ordinance that is a least as effective as MWELO by January 1, 2010.
AB 2717 (Laird), Chapter 682, Statutes of 2004, requests that CUWCC convene a stakeholder working group to develop, evaluate, and recommend proposals for improving the efficiency of water use in new and existing urban irrigated landscapes in the state and make recommendations, including possible updates to MWELO, to the Governor and Legislature by December 31, 2005.
AB 325 (Clute), Chapter 1145, Statutes of 1990, enacts the Water Conservation in Landscaping Act that requires DWR to develop MWELO by January 1, 1992, and requires local agencies to adopt the MWELO by January 1, 1993, or make findings explaining why a local ordinance is not necessary.
REGISTERED SUPPORT / OPPOSITION:
Support
ScottsMiracle-Gro Company (sponsor)
American Seed Trade Association
Bay Area Jewish Earth Alliance
California Alliance for Golf
California Golf Course Superintendents Association
California Manufacturers & Technology Association
California Seed Association
Golf Course Superintendents Association of America
OFA Marin
Safe Healthy Playing Fields, Inc.
San Diegans for Sustainable, Equitable, & Quite Equipment in Landscaping
Southern California Golf Association
Turfgrass Water Conservation Alliance
Opposition
None on file
Analysis Prepared by: Pablo Garza / W., P., & W. / (916) 319-2096
Bill Author
Bill Co-Author(s):