THE SMART IRRIGATION NETWORK
AB 1881 (Laird) requires cities and counties to adopt and enforce the revised version of the State Department of
Water Resources’ Model Water Efficient Landscape Ordinance not later than January 1, 2010.
The bill would make the updated model ordinance applicable within the jurisdiction of a local agency, including chartered cities. By imposing requirements on local agencies in connection with the adoption of water efficient landscape ordinances, the bill will impose a state-mandated local program. (See full text of AB1881 Below)
The bill would make the updated model ordinance applicable within the jurisdiction of a local agency, including chartered cities. By imposing requirements on local agencies in connection with the adoption of water efficient landscape ordinances, the bill will impose a state-mandated local program. (See full text of AB1881 Below)
Adoption of the updated Model Ordinance
(MO), or
Adopt a different ordinance that is at least as effective in conserving water as the updated MO, or
If a local agency takes no action, the updated MO will go into effect as if it were adopted and shall have the same force and effect as if adopted by the local agency.
Adopt a different ordinance that is at least as effective in conserving water as the updated MO, or
If a local agency takes no action, the updated MO will go into effect as if it were adopted and shall have the same force and effect as if adopted by the local agency.
"When the well runs dry, we will know the worth of water." -- Benjamin Franklin
GOVERNMENTAL AGENCIES
PROPERTY MANAGERS
Stay Green
Save Money
Save Water
Impact on Local Agencies
Summary of Provisions
Minimize overspray and run-off
Landscape water budgets
Appropriate use and groupings of plants
Automatic irrigation systems and schedules
Soil assessment and soil management plans
Inclusion of landscape management practices
Encourage the capture and retention of storm water on-site
Encourage the use of recycled water
Encourage the use of economic incentives
Education of water users
Landscape water budgets
Appropriate use and groupings of plants
Automatic irrigation systems and schedules
Soil assessment and soil management plans
Inclusion of landscape management practices
Encourage the capture and retention of storm water on-site
Encourage the use of recycled water
Encourage the use of economic incentives
Education of water users
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Christine Kehoe, Chair
BILL NO: AB 1881 HEARING: 6/28/06
AUTHOR: Laird FISCAL: Yes
VERSION: 6/12/06 CONSULTANT: Detwiler
WATER CONSERVATION AND LAND USE
Background and Existing Law
Senator Christine Kehoe, Chair
BILL NO: AB 1881 HEARING: 6/28/06
AUTHOR: Laird FISCAL: Yes
VERSION: 6/12/06 CONSULTANT: Detwiler
WATER CONSERVATION AND LAND USE
Background and Existing Law
The 1990 Water Conservation in Landscaping Act required the
State Department of Water Resources (DWR) to adopt a model
local water efficient landscape ordinance, based on the
recommendations of an advisory task force. The Act
required the model ordinance to contain at least nine
provisions for promoting water conservation in landscape
design, construction, and maintenance. Cemeteries received
special exemptions. After review by the Joint Legislative
Budget Committee, DWR had until January 1, 1992 to adopt
the model ordinance.
Counties and general law cities had until January 1, 1993
to adopt a water efficient landscape ordinance or to adopt
findings explaining why a local ordinance was unnecessary.
If a county or city failed to adopt either the ordinance or
the findings, then state law required local officials to
enforce DWR's model ordinance as if it had been adopted by
the county or city (AB 350, Clute, 1990).
In 2004, the Legislature asked the California Urban Water
Conservation Council to convene a task force and recommend
improvements to DWR's model local water efficient landscape
ordinance (AB 2717, Laird, 2004). The resulting report,
Water Smart Landscapes for California, offered 43
recommendations.
State Department of Water Resources (DWR) to adopt a model
local water efficient landscape ordinance, based on the
recommendations of an advisory task force. The Act
required the model ordinance to contain at least nine
provisions for promoting water conservation in landscape
design, construction, and maintenance. Cemeteries received
special exemptions. After review by the Joint Legislative
Budget Committee, DWR had until January 1, 1992 to adopt
the model ordinance.
Counties and general law cities had until January 1, 1993
to adopt a water efficient landscape ordinance or to adopt
findings explaining why a local ordinance was unnecessary.
If a county or city failed to adopt either the ordinance or
the findings, then state law required local officials to
enforce DWR's model ordinance as if it had been adopted by
the county or city (AB 350, Clute, 1990).
In 2004, the Legislature asked the California Urban Water
Conservation Council to convene a task force and recommend
improvements to DWR's model local water efficient landscape
ordinance (AB 2717, Laird, 2004). The resulting report,
Water Smart Landscapes for California, offered 43
recommendations.
Proposed Law (cont.)
III. Energy performance standards . Based on
recommendations in the 2005 task force report, Assembly
Bill 1881 requires the California Energy Commission to
consult with DWR and then, by January 1, 2010, adopt
regulations that set performance standards and labeling requirements for landscape irrigation equipment. AB 1881
bans the sale of certain landscape irrigation equipment
after January 1, 2012, if the equipment does not meet those
standards and requirements.
IV. Water meters . Current law requires urban water
suppliers to install water meters on their municipal and
industrial customers (AB 2572, Kehoe, 2004). Based on
recommendations in the 2005 task force report, Assembly
Bill 1881 requires water purveyors to require separate
water meters for landscape purposes as a condition of new
water service, starting January 1, 2008. AB 1881 contains
exceptions for single-family residential connections and
certain agricultural connections, among others.
recommendations in the 2005 task force report, Assembly
Bill 1881 requires the California Energy Commission to
consult with DWR and then, by January 1, 2010, adopt
regulations that set performance standards and labeling requirements for landscape irrigation equipment. AB 1881
bans the sale of certain landscape irrigation equipment
after January 1, 2012, if the equipment does not meet those
standards and requirements.
IV. Water meters . Current law requires urban water
suppliers to install water meters on their municipal and
industrial customers (AB 2572, Kehoe, 2004). Based on
recommendations in the 2005 task force report, Assembly
Bill 1881 requires water purveyors to require separate
water meters for landscape purposes as a condition of new
water service, starting January 1, 2008. AB 1881 contains
exceptions for single-family residential connections and
certain agricultural connections, among others.
1. A thirsty state . With most Californians living
semi-arid climates, it's important to conserve water for
beneficial uses. Conserving water used to irrigate
landscaping continues to be a promising strategy of
reducing water use. Building on the precedent set by the
1990 Clute bill, AB 1881 directs state and local officials
to renew their water conservation efforts for landscaping.
Based on some of the recommendations of the 2005 task force
report, the bill pushes for greater conservation efforts.
2. Cart and horse . Unlike most state regulatory schemes
for local implementation, AB 1881 follows the 1990
precedent by requiring local officials to adopt and enforce
state-prepared standards before they're officially written.
The usual method is for state officials to prepare and
promulgate uniform codes for local review and adaptation.
That's the approach used with the Uniform Building Code,
among others. But when it comes to landscape water
conservation, the Legislature has required counties and
cities to follow the state's standards even before
legislators had a chance to review them. This 15-year old
approach has apparently not raised any serious concerns
among local officials. Nevertheless, the Committee may
wish to consider whether the Legislature should delay the
mandated local implementation of the DWR ordinance until
legislators have a chance to review the contents with local
officials.
3. A wider net . The 1990 Clute bill applied to all
counties and general law cities, but not the 110+ charter
cities. The California Constitution allows charter cities
to control their own "municipal affairs," free of
legislative interference. However, when a topic is an
issue of statewide concern, the courts recognize the
Legislature's ability to adopt policies and programs that
apply everywhere, even within charter cities. AB 1881
declares that water conservation in landscaping is a matter
of statewide concern and not a municipal affair. The bill
specifically requires charter cities to comply with its new
requirements. Because the courts are the final arbiters of
constitutional questions, it may take a judge to rule on
whether a charter city must adopt and enforce state water
conservation standards. But the bill frames that debate
for the courts, indicating that water conservation is
everyone's business.
4. Double-referred . The task force recommendations that
led to AB 1881 cover many topics, and several of the bill's
features fall beyond the policy jurisdiction of the Senate
Local Government Committee. The Senate Rules Committee
ordered a double-referral and the Senate Natural Resources
and Water Committee approved AB 1881 on June 20 by the vote
of 7-0.
5. State pays local costs . As a fiscal bill, AB 1881 must
also be heard in the Senate Appropriations Committee. That
committee will review the cost of the bill's new state
mandates (adoption and enforcement of new ordinances, along
with reporting requirements), and the costs to the
California Energy Commission and DWR.
semi-arid climates, it's important to conserve water for
beneficial uses. Conserving water used to irrigate
landscaping continues to be a promising strategy of
reducing water use. Building on the precedent set by the
1990 Clute bill, AB 1881 directs state and local officials
to renew their water conservation efforts for landscaping.
Based on some of the recommendations of the 2005 task force
report, the bill pushes for greater conservation efforts.
2. Cart and horse . Unlike most state regulatory schemes
for local implementation, AB 1881 follows the 1990
precedent by requiring local officials to adopt and enforce
state-prepared standards before they're officially written.
The usual method is for state officials to prepare and
promulgate uniform codes for local review and adaptation.
That's the approach used with the Uniform Building Code,
among others. But when it comes to landscape water
conservation, the Legislature has required counties and
cities to follow the state's standards even before
legislators had a chance to review them. This 15-year old
approach has apparently not raised any serious concerns
among local officials. Nevertheless, the Committee may
wish to consider whether the Legislature should delay the
mandated local implementation of the DWR ordinance until
legislators have a chance to review the contents with local
officials.
3. A wider net . The 1990 Clute bill applied to all
counties and general law cities, but not the 110+ charter
cities. The California Constitution allows charter cities
to control their own "municipal affairs," free of
legislative interference. However, when a topic is an
issue of statewide concern, the courts recognize the
Legislature's ability to adopt policies and programs that
apply everywhere, even within charter cities. AB 1881
declares that water conservation in landscaping is a matter
of statewide concern and not a municipal affair. The bill
specifically requires charter cities to comply with its new
requirements. Because the courts are the final arbiters of
constitutional questions, it may take a judge to rule on
whether a charter city must adopt and enforce state water
conservation standards. But the bill frames that debate
for the courts, indicating that water conservation is
everyone's business.
4. Double-referred . The task force recommendations that
led to AB 1881 cover many topics, and several of the bill's
features fall beyond the policy jurisdiction of the Senate
Local Government Committee. The Senate Rules Committee
ordered a double-referral and the Senate Natural Resources
and Water Committee approved AB 1881 on June 20 by the vote
of 7-0.
5. State pays local costs . As a fiscal bill, AB 1881 must
also be heard in the Senate Appropriations Committee. That
committee will review the cost of the bill's new state
mandates (adoption and enforcement of new ordinances, along
with reporting requirements), and the costs to the
California Energy Commission and DWR.
Assembly Bill 1881 promotes water conservation practices in
four ways.
I. Local ordinances . By January 1, 2009, Assembly Bill
1881 requires the State Department of Water Resources (DWR) to update the model water efficient landscape ordinance
based on the recommendations of the report commissioned by the Legislature in 2004. AB 1881 requires the model
ordinance to cover 13 topics, with special exceptions for
cemeteries. Before adopting the model ordinance, DWR must
first report to the Legislature on local officials'
compliance with the 1990 statute and its recommendations
regarding the proposed ordinance's landscape water budget
component.
By January 31, 2009, DWR must distribute the updated model
ordinance to counties and cities. By January 1, 2010,
every county and city (including charter cities) must adopt
either DWR's model ordinance, or a water efficient
landscape ordinance that is at least as effective as the
DWR model ordinance. If a county or city fails to adopt an
ordinance, AB 1881 requires local officials to enforce
DWR's model ordinance as if it had been adopted by the
county or city.
By January 31, 2010, counties and cities must report to DWR
on whether they have adopted the model ordinance or their
own ordinances. By January 31, 2011, DWR must report to
the Legislature on the status of these local ordinances.
AB 1881 makes several findings in support of its
provisions, including a finding that the bill addresses a
matter of statewide concern and not a municipal affair.
II. Common interest developments . It is common for
homeowners associations that run common interest
developments to regulate the use of private property
through covenants, conditions, and restrictions (CC&Rs).
Although CC&Rs are private contractual relationships, state
law sometimes prevents their enforcement in order to
accomplish public policy goals. For example, CC&Rs can't
prohibit or restrict the installation or use of solar
energy systems (AB 2473, Wolk, 2004). Assembly Bill 1881
prohibits a common interest development from restricting
the use of low water-using plants if the plants meet
maintenance standards.
four ways.
I. Local ordinances . By January 1, 2009, Assembly Bill
1881 requires the State Department of Water Resources (DWR) to update the model water efficient landscape ordinance
based on the recommendations of the report commissioned by the Legislature in 2004. AB 1881 requires the model
ordinance to cover 13 topics, with special exceptions for
cemeteries. Before adopting the model ordinance, DWR must
first report to the Legislature on local officials'
compliance with the 1990 statute and its recommendations
regarding the proposed ordinance's landscape water budget
component.
By January 31, 2009, DWR must distribute the updated model
ordinance to counties and cities. By January 1, 2010,
every county and city (including charter cities) must adopt
either DWR's model ordinance, or a water efficient
landscape ordinance that is at least as effective as the
DWR model ordinance. If a county or city fails to adopt an
ordinance, AB 1881 requires local officials to enforce
DWR's model ordinance as if it had been adopted by the
county or city.
By January 31, 2010, counties and cities must report to DWR
on whether they have adopted the model ordinance or their
own ordinances. By January 31, 2011, DWR must report to
the Legislature on the status of these local ordinances.
AB 1881 makes several findings in support of its
provisions, including a finding that the bill addresses a
matter of statewide concern and not a municipal affair.
II. Common interest developments . It is common for
homeowners associations that run common interest
developments to regulate the use of private property
through covenants, conditions, and restrictions (CC&Rs).
Although CC&Rs are private contractual relationships, state
law sometimes prevents their enforcement in order to
accomplish public policy goals. For example, CC&Rs can't
prohibit or restrict the installation or use of solar
energy systems (AB 2473, Wolk, 2004). Assembly Bill 1881
prohibits a common interest development from restricting
the use of low water-using plants if the plants meet
maintenance standards.
Toll-Free: 1-888-770-AQUA
Proposed Law
Comments
BY JANUARY 31, 2010 LOCAL
AGENCIES MUST NOTIFY DWR
1. Which ordinance is in place
2. Include a copy of the ordinance
3. Include "findings" and "Evidence in Record"
2. Include a copy of the ordinance
3. Include "findings" and "Evidence in Record"
AQUASave® Inc.
26873 Sierra Highway, #140, Santa Clarita, CA 91321
661.250.9035 - 888.770.AQUA
info@aquasave.us
26873 Sierra Highway, #140, Santa Clarita, CA 91321
661.250.9035 - 888.770.AQUA
info@aquasave.us