Bill Text: CA AB1573 | 2023-2024 | Regular Session | Amended
Bill Title: Water conservation: landscape design: model ordinance.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2023-09-07 - Ordered to inactive file at the request of Senator Stern. [AB1573 Detail]
Download: California-2023-AB1573-Amended.html
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Amended
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Senate
September 01, 2023 |
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Amended
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Senate
August 16, 2023 |
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Senate
July 10, 2023 |
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Amended
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Senate
June 19, 2023 |
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Assembly
May 18, 2023 |
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Amended
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March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1573
| Introduced by Assembly Member Friedman (Coauthor: Senator Stern) |
February 17, 2023 |
An act to amend Sections 65592, 65593, 65596, and 65598 of the Government Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 1573, as amended, Friedman.
Water conservation: landscape design: model ordinance.
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 of Water Resources, unless the department makes a specified finding. Existing law requires a local agency to adopt the model ordinance or to adopt a water efficient landscape ordinance that is at least as effective in conserving water as the updated model ordinance, except as specified. Existing law specifies the provisions of the updated model ordinance, as provided. Existing law includes a related statement of legislative findings and declarations.
This bill would require the updated model ordinance to include provisions that require that plants included in a landscape design plan be selected based on their adaptability to climatic, geological, and topographical conditions of
the project site, as specified. The bill would also exempt landscaping that is part of a culturally specific project, as defined, ecological restoration projects that do not require a permanent irrigation system, mined-land reclamation projects that do not require a permanent irrigation system, and existing plant collections, as part of botanical gardens and arboretums open to the public, from the model ordinance. The bill would require the updated model ordinance to include provisions that, among other changes, prohibit the use of traditional overhead sprinklers on all new and rehabilitated landscapes and require that new and rehabilitated landscapes use only water efficient irrigation devices, devices. The bill would also require the model ordinance, at the next update initiated after January 1, 2029, to require that
all new or renovated nonresidential areas install in the project footprint not less than 25% 10% California native plants, as provided, and to prohibit the inclusion of nonfunctional turf in nonresidential landscape projects after January 1, 2026. projects. The bill would make other clarifying changes to the updated model ordinance. The bill would also revise the legislative findings and declarations to state, among other things, that the model ordinance furthers the state’s goal to conserve biodiversity and provide for
climate resilience consistent with state drought efforts to eliminate the use of irrigation of nonfunctional turf.
Because the bill would revise requirements imposed on certain local agencies in connection with water efficient landscape ordinances, the bill would impose a state-mandated local program.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65592 of the Government Code is amended to read:65592.
Unless the context requires otherwise, the following definitions govern the construction of this article:(a) “California native plant” means a plant indigenous to the State of California that has evolved and occurs naturally in California and has not been hybridized with plants not native to California. California, and a plant that is nonnative and noninvasive, that provides pollinator benefits, and that is a low-water use plant, as determined by the Department of Water Resources and the Natural Resources Agency.
(b) “Community space” means an area designated by a property owner or a government agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings.
(c) “Culturally specific project” means a project on public property that meets the needs of a cultural, religious, racial, ethnic, or another community based on shared experiences and history.
(d) “Department” means the Department of Water Resources.
(e) “Director” means the Director of Water Resources.
(f) “Functional turf” means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to
permanently preclude human access for recreation or assembly is not functional turf.
(g) “Local agency” means any city, county, or city and county, including a charter city or charter county.
(h) “Local native plants” means California plants indigenous
to an area that have evolved and occur naturally in the Jepson Region associated with a specific California location, as defined and updated by the University of California, Berkeley Jepson eFlora.
(i) “Nonfunctional turf” means any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots.
(j) “Recreational use area” means an area designated by a property owner or a government agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas. Such recreation may be either formal or informal.
(k) “Traditional overhead sprinklers” means an overhead sprinkler
system that includes spray sprinkler nozzles with an application rate greater than 1.0 inch per hour.
(l) “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.
SEC. 2.
Section 65593 of the Government Code is amended to read:65593.
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 California’s 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, mitigating heat islands, providing climate adaptation, preventing erosion, offering fire protection, and replacing ecosystems lost to development.
(e) Landscapes using local native plants offer the greatest biological benefit to regional biodiversity, providing habitat and food to wildlife that has evolved to depend on specialized relationships with local native plants.
(f) Landscape design, installation, maintenance, and management can and should be water efficient.
(g) 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.
(h) (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 (MWELO) 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.
(i) The model ordinance developed pursuant to this article furthers the state’s goal to conserve biodiversity and provide for climate resilience consistent with state drought efforts to eliminate the use of irrigation of nonfunctional turf.
(j) 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. 3.
Section 65596 of the Government Code is amended to read:65596.
The updated model ordinance adopted pursuant to Sections 65595 and 65596.5 shall do all of the following in order to reduce water use:(a) Include provisions for water conservation and the appropriate use and groupings of plants that are well-adapted to particular sites and to particular climatic, soil, or topographic conditions.
(b) Include provisions that require that plants included in a landscape design plan be selected based on their adaptability to climatic, geological, and topographical conditions of the project site, including, but not limited to, the following:
(1) A
scientific climate zone system that considers temperatures, humidity, elevation, terrain, and other factors affecting local climate.
(2) The horticultural attributes of plants, including mature plant size, invasive characteristics of plants, soil needs for healthy root growth, and other qualities.
(3) California native plants found in the California Native Plant Society’s Calscape database or comparable horticulture and science-based resources.
(c) Include a landscape water budget component in the design that establishes the maximum amount of water to be applied through the irrigation system, based on climate, landscape size, irrigation efficiency, and plant needs.
(d) Promote the benefits of consistent local ordinances in neighboring areas.
(e) Encourage the capture and retention of stormwater onsite to improve water use efficiency or water quality.
(f) Include provisions for the use of automatic irrigation systems and irrigation schedules based on climatic conditions, specific terrains and soil types, and other environmental conditions. The model ordinance shall include references to local, state, and federal laws and regulations regarding standards for water-conserving irrigation equipment. The model ordinance may include climate
information for irrigation scheduling based on the California Irrigation Management Information System (Chapter 2 (commencing with Section 10015) of Part 1.5 of Division 6 of the Water Code).
(g) Include provisions for onsite soil assessment and soil management plans that include grading and drainage to promote healthy plant growth and to prevent excessive erosion and runoff, and the use of mulches in shrub areas, garden beds, and landscaped areas where appropriate.
(h) Promote the use of recycled water consistent with Article 4 (commencing with Section 13520) of Chapter 7 of Division 7 of the Water Code.
(i) Seek to educate water users on the efficient use of water and the benefits of doing
so.
(j) Address regional differences, including fire prevention needs and benefits of fire-resilient landscaping with native plants.
(k) Exempt all of the following:
(1) Landscaping that is part of a registered historic site.
(2) Landscaping that is part of a culturally specific project.
(3) Ecological restoration projects that do not require a permanent irrigation system.
(4) Mined-land reclamation projects that do not require a permanent irrigation system.
(5) Existing plant
collections, as part of botanical gardens and arboretums open to the public.
(l) Encourage the use of economic incentives to promote the efficient use of water.
(m) Include provisions for property owners and managers to implement landscape maintenance and management practices that foster long-term landscape water conservation. Landscape maintenance practices may include, but are not limited to, performing routine irrigation system repair and adjustments, conducting water audits, and estimating the amount of water that should reasonably be applied per landscaped acre, considering actual performance and other factors.
(n) Include provisions to minimize landscape irrigation overspray and prevent runoff.
(o) Include provisions that do each of the following:
(1) Require that each plant or a representative number of each type of plant, as determined by the director, installed in a new or rehabilitated landscape open to the public be visually identifiable at the time of inspection as to its correct name as specified in Section 53481 of the Food and Agricultural Code.
(2) Prohibit the use of traditional overhead sprinklers on all new and rehabilitated landscapes and require that new and rehabilitated landscapes use only water efficient irrigation devices, except for landscapes with established trees, where the health of the trees would be compromised.
(3) Require that, beginning January 1, 2026,
at the next update initiated after January 1, 2029, that all new or renovated nonresidential areas install in the project footprint not less than 25 10 percent California native plants, excluding edibles, functional turf, and areas using recycled water.
(4) Prohibit Prohibit, at the next update initiated after January 1, 2024, the inclusion of nonfunctional turf in nonresidential landscape projects after January 1, 2026.
projects.
