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AB-2371 Water use efficiency.(2017-2018)

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Date Published: 04/23/2018 09:00 PM
AB2371:v96#DOCUMENT

Amended  IN  Assembly  April 23, 2018
Amended  IN  Assembly  April 11, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2371


Introduced by Assembly Member Carrillo

February 14, 2018


An act to add Sections 7065.06 and 7195.5 to the Business and Professions Code, to amend Sections 53391, 53481, 53482, and 53483 of the Food and Agricultural Code, to amend Section 11011.29 of, and to add Sections 11011.30, 11011.31, and 11011.32 to, the Government Code, and to add Part 2.13 (commencing with Section 10960) to Division 6 of the Water Code, relating to water use efficiency.


LEGISLATIVE COUNSEL'S DIGEST


AB 2371, as amended, Carrillo. Water use efficiency.
(1) Existing law regulates the labeling of nursery stock and requires that when nursery stock is sold or shipped, delivered, or transported to any purchaser, it be labeled as to the correct name, as specified, including that the correct name for ornamentals is the botanical name. Existing law allows nursery stock on display for sale at retail to be labeled by a sign on any block of stock of the same kind and species and requires turf to be labeled by a sign showing the required correct name of the stock on display. Existing law vests with the Secretary of Food and Agriculture and the county agricultural commissions of each county the responsibility of enforcing these provisions and makes a violation of these provisions a crime.
This bill would also require nursery stock, for any taxa listed in the Water Use Classification of Landscape Species, published by the University of California Division of Agriculture and Natural Resources, to be labeled with the correct water use classification, as identified by that publication. The bill would specify, with regard to the correct name of ornamentals being the botanical name, that the botanical name includes any subspecies, hybrid, cultivar, or variety. The bill would require nursery stock on display for sale at retail to be individually labeled, except as specified. The bill would require turf to be labeled by a sign also showing the water use classification. By adding to the responsibilities of local officials, this bill would impose a state-mandated local program. By generally creating new crimes, this bill would impose a state-mandated local program. The bill would require the Secretary of Food and Agriculture to adopt regulations to implement these provisions no later than June 30, 2019.
This bill would require the Department of Water Resources, on or before June 30, 2019, and at least every 3 years thereafter, to collaborate with the University of California Division of Agriculture and Natural Resources to review and revise the Water Use Classification of Landscape Species publication, and its associated database, relating to plant taxa. The bill would encourage the University of California Division of Agriculture and Natural Resources to provide additional specified information for each listed plant taxa in the database.

(2)Existing law requires the Department of General Services to provide planning, acquisition, construction, and maintenance of state buildings and property, and maintain a statewide property inventory of all real property held by the state. Existing law, when a state agency builds upon state-owned real property, purchases real property, or replaces landscaping or irrigation, except as specified, requires the state agency to reduce water consumption and increase water efficiencies for that property where feasible, as defined, through specified water efficiency measures.

This bill would also exclude from application of the water efficiency measures state-owned real property that is a registered historical site and would additionally include, as one of the specified water efficiency measures, implementation of stormwater capture. The bill would impose additional requirements on the landscaping of state-owned facilities relating to water use efficiency. For state-owned real property that is not covered by these provisions, except state-owned real property that is leased to a private party for agricultural purposes or a registered historical site, the bill would require the Department of General Services to comply with other landscaping water efficiency provisions.

This bill, on or before January 1, 2020, would require the Department General Services, in consultation with the Department of Water Resources, to establish a protocol for landscape and irrigation systems of state-owned facilities, as specified, and would require the Green Action Team, to update the Green Building Action Plan, State Administrative Manual, and management memorandums, as necessary, to minimize or eliminate supplemental irrigation.

(3)

(2) Existing law, the Contractors’ State License Law, provides for the licensing by written examination and regulation of contractors by the Contractors’ State License Board in the Department of Consumer Affairs. Existing law requires the Contractors’ State License Board to periodically review and, if needed, revise the contents of qualifying examinations to insure that the examination questions are timely and relevant to the business of contracting.
This bill, before revision of specified contractor examinations, would require the Contractors’ State License Board to confer with specified entities to determine whether any updates or revisions to the examination are needed to reflect new and emerging landscape irrigation efficiency practices, as specified.

(4)

(3) Existing law regulates a person who performs certain home inspections for a fee. Under existing law, a home inspection report is a written report prepared for a fee and issued after a home inspection, and clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations, as specified.
This bill would require, commencing January 1, 2020, each home inspection report on a dwelling unit on a parcel containing an in-ground landscape irrigation system, except as specified, to include certain information regarding the operation and observation of the irrigation system.

(5)

(4) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 7065.06 is added to the Business and Professions Code, to read:

7065.06.
 (a) Before the board revises the examinations for a general engineering contractor described in Section 7056, a general building contractor described in Section 7057, or a landscaping contractor (C-27), the board shall confer with the Department of Water Resources and the California Landscape Contractors Association to determine whether any updates or revisions to the examination are needed to reflect new and emerging landscape irrigation efficiency practices.
(b) The board shall ensure that the examination includes questions that are specific to water use efficiency and sustainable practices to help ensure that the state’s water efficiency needs identified in the California Water Plan, described in Section 10004 of the Water Code, are sufficiently supported.
(c) The board shall ensure that the reference study material for the examination continues to include the most current version of the Model Water Efficient Landscape Ordinance (23 Cal. Code Regs. 490, et seq.) and shall add other collateral material specific to water use efficiency and sustainability.

SEC. 2.

 Section 7195.5 is added to the Business and Professions Code, to read:

7195.5.
 (a) For purposes of improving landscape water use and irrigation efficiency, commencing January 1, 2020, a home inspection report on a dwelling unit prepared pursuant to this chapter on a parcel containing an in-ground landscaping irrigation system, the operation of which is under the exclusive control of the owner or occupant of the dwelling, shall include all of the following:
(1) Examination of the irrigation system controller, if present, noting material defects in installation or operation, or both.
(2) Activation of each zone or circuit providing irrigation water to turf grass, noting material defects observed in the operation of each of the following:
(A) The irrigation valve.
(B) Visible irrigation supply piping.
(C) Sprinkler heads and stems.
(3) During activation of the system pursuant to paragraph (2), observation of any of the following:
(A) Irrigation spray being directed to hardscape.
(B) Irrigation water leaving the irrigated area as surface runoff.
(C) Ponding of irrigation water on the surface of the irrigated area.
(4) Notation whether inspection is limited due to snow, ice, or other site conditions that impede an inspection.
(b) This section does not apply to any of the following:
(1) An inspection performed by a city, county, city and county, or public water supplier.
(2) An inspection performed at the direction of any court.
(3) An appraisal for the purpose of preparing a report containing an estimated market value of a dwelling.

SEC. 3.

 Section 53391 of the Food and Agricultural Code is amended to read:

53391.
 (a) The secretary may adopt regulations that may be necessary to carry into effect the purposes of this chapter and each section of it, and may issue in relation to this chapter explanatory data and charts.
(b) On or before June 30, 2019, the secretary shall adopt regulations to implement Sections 53481, 53482, and 53483.

SEC. 4.

 Section 53481 of the Food and Agricultural Code is amended to read:

53481.
 When nursery stock is sold, it shall be labeled plainly and legibly as to the grade size, if so required by regulations, and as to the correct name and water use classification as follows:
(a) The correct name for ornamentals, except roses, fruit trees, and annual or herbaceous perennial ornamental plants, shall be the botanical name. For purposes of this section, ornamentals include any subspecies, hybrid, cultivar, or variety, if any, of the ornamental.
(b) The correct name for fruit trees shall be the recognized common name and cultivar.
(c) The correct name for turf shall be the kind and cultivar.
(d) The correct name for roses, annual or herbaceous perennial ornamental plants, dormant bulbs, tubers, roots, corms, rhizomes, pips, and other kinds of nursery stock shall be the cultivar name and botanical name, if available, except that the recognized common name, if any, shall be required whenever no cultivar name has been given or can be determined.
(e) The correct water use classification, as identified by most current version of the Water Use Classification of Landscape Species, for any taxa listed in that publication. For purposes of this subdivision, the Water Use Classification of Landscape Species is the publication by that same name as published by the University of California Division of Agriculture and Natural Resources.

SEC. 5.

 Section 53482 of the Food and Agricultural Code is amended to read:

53482.
 In order to identify nursery stock properly, whenever it is shipped, delivered, or transported to any purchaser, each plant shall be individually labeled as to the correct name and water use classification. The director may create exceptions to this section by regulation, which shall be consistent with the need to correctly identify plants that are subject to inspection after installation of a landscape subject to the Model Water Efficient Landscape Ordinance (23 Cal. Code Regs. 490, et seq.) or any local landscape ordinance.

SEC. 6.

 Section 53483 of the Food and Agricultural Code is amended to read:

53483.
 Nursery stock on display for sale at retail shall be individually labeled, except that plants of the same taxa that are packaged inseparably together may be identified by a single label on each package. Turf shall be labeled by a sign showing the required correct name and water use classification of the stock on display.

SEC. 7.Section 11011.29 of the Government Code is amended to read:
11011.29.

(a)When a state agency builds upon state-owned real property, purchases real property, or replaces landscaping or irrigation, the state agency shall reduce water consumption and increase water efficiencies for that property, where feasible, through any or all of the following measures:

(1)Replacement of landscaping with drought-tolerant plants with an emphasis on native plant species.

(2)Replacement of irrigation timers to permit efficient watering schedules.

(3)Replacement of existing irrigation with drip irrigation, bubblers, or low precipitation spray nozzles, or a combination of these irrigation methods.

(4)Implementation of recycled water irrigation or rainwater capture irrigation or both.

(5)Installation of irrigation submeters.

(6)Use of on-site water recycling.

(7)Implementation of stormwater capture.

(b)(1)A state agency landscape design project that commences on and after January 1, 2025, shall, to the maximum extent practicable, implement the watershed approach through eliminating supplemental potable irrigation onsite and maximizing nonpotable water sources where cost effective, rainwater infiltration, and onsite reuse.

(2)The Department of General Services shall establish an interim target that 50 percent of new facilities designed on and after January 1, 2020, be targeted to achieve a goal to only use reclaimed water for supplemental irrigation or a goal consistent with the LEED v4 Outdoor Water Use Reduction, Option 1, which requires a demonstration that the landscape does not require a permanent irrigation system beyond the maximum two-year establishment period.

(3)Where practicable and feasible, a project described in paragraph (1) shall include demonstration gardens, including appropriate educational signage.

(c)This section shall not apply to state-owned real property that is leased to a private party for agricultural purposes or to a registered historical site.

(d)For purposes of this section, “feasible” means that the water efficiency measures may be accomplished in a cost-effective manner within a reasonable period of time, taking into account life-cycle cost analyses and technological factors, as determined by the state agency.

SEC. 8.Section 11011.30 is added to the Government Code, to read:
11011.30.

(a)For state-owned real property that is not covered by Section 11011.29, the Department of General Services shall do all of the following:

(1)On or before June 30, 2023, comply with the Model Water Efficient Landscape Ordinance (23 Cal. Code Regs. 490, et seq.), including the maximum applied water allowance for existing landscapes pursuant to Section 493.1 of Title 23 of the California Code of Regulations. This shall include rainwater, or stormwater, capture where site conditions permit.

(2)Begin transition of all buildings owned, leased, or operated by the Department of General Services from traditional ornamental turf to sustainable landscaping at a rate of 10 percent of the total number of buildings per year, with a goal of complete transition before January 1, 2029. The Department of General Services shall give priority to customer service buildings.

(3)Install demonstration or educational signage at a customer service building that is owned, leased, or operated by the Department of General Services to identify sustainable landscaping at the building and the resulting water savings.

(b)This section shall not apply to state-owned real property that is leased to a private party for agricultural purposes or to a registered historical site.

(c)For purposes of this section, “customer service building” means a building operated by the state agency that is open to the public and that customers of the agency commonly visit.

SEC. 9.Section 11011.31 is added to the Government Code, to read:
11011.31.

A state agency shall do all of the following:

(a)Employ or contract with, or both, sufficiently trained landscape design professionals and managers to help ensure that an investment in landscape upgrades or new landscaping is sufficiently designed and maintained to protect the aesthetic benefits of sustainable landscaping.

(b)Implement mandatory educational training for job classifications that serve in the capacity of state-employed landscape managers.

(c)For all new facilities that are owned, leased, or operated by the state, use landscape design templates that are accessible to new building developers.

SEC. 10.Section 11011.32 is added to the Government Code, to read:
11011.32.

(a)On or before January 1, 2020, the Department of General Services, in consultation with the Department of Water Resources, shall establish a landscape and irrigation system water efficiency building protocol for landscape and irrigation systems of state-owned facilities. The protocol shall include procedures to ensure the proper installation of landscape and irrigation systems and the education of landscape maintenance staff of those procedures.

(b)(1)On or before January 1, 2020, the Green Action Team, shall update the Green Building Action Plan, State Administrative Manual, and management memorandums, as necessary, to minimize or eliminate supplemental irrigation in new state-owned buildings and major renovations of state-owned buildings where water use efficiency standards are applicable.

(2)The Governor is encouraged to update Executive Order No. B-18-12 to be consistent with paragraph (1).

SEC. 11.SEC. 7.

 Part 2.13 (commencing with Section 10960) is added to Division 6 of the Water Code, to read:

PART 2.13. Landscape Water Use

10960.
 (a) On or before June 30, 2019, and at least every three years thereafter, the department shall collaborate with the University of California Division of Agriculture and Natural Resources for the review and revision of the publication “Water Use Classification of Landscape Species” and its associated database to consider the addition of unlisted plant taxa and to correct errors in existing listings.
(b) (1) The University of California Division of Agriculture and Natural Resources, commencing July 1, 2019, is encouraged to include the following additional information for each listed plant taxa in the Water Use Classification of Landscape Species database:
(A) A photograph of the plant.
(B) A narrative description of the plant.
(C) Key cultural information about the plant.
(2) The University of California Division of Agriculture and Natural Resources is encouraged to add the additional information specified by this subdivision, for plant taxa listed in the database before July 1, 2019, to the publication before July 1, 2024, at a rate of not less than 20 percent of total entries per year. The University of California Division of Agriculture and Natural Resources is encouraged to prioritize including the additional information for the most commonly used landscape plants, as identified in its existing contract with the department.

SEC. 12.SEC. 8.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.