SB 780, as amended, Wiener. Water Conservation in Landscaping Act.
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.
This bill would require the Department of Water Resources, by January 1, 2019, to 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 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 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 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.
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) “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. 3.
Section 65595.1 is added to the Government Code, to read:
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 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. 4.
Section 65595.2 is added to the Government Code, to read:
65595.2.
(a) Within six months of the 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 to landscaping by providing education and training for homeowners, contractors, certified community conservation corps, and other landscape professionals who plan, develop or implement landscaping projects.
SEC. 5.
Section 65595.3 is added to the Government Code, to read:
(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
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 65595.4 is added to the Government Code, to read:
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 an approach to landscaping, as described in Section
65595.1. The factor shall compare the performance of new landscapes to a baseline urban landscape that includes cool-season turf and non-climate-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.
