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AB-2371 Water use efficiency: landscape irrigation.(2017-2018)

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Date Published: 06/28/2018 09:00 PM
AB2371:v93#DOCUMENT

Amended  IN  Senate  June 28, 2018
Amended  IN  Senate  June 20, 2018
Amended  IN  Assembly  May 29, 2018
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 Section 53391 of, and to add Sections 53314, 53333, and 53482.5 to, the Food and Agricultural 65592 of, and to add Section 65596.7 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: landscape irrigation.

(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 commission of each county the responsibility of enforcing these provisions and makes a violation of these provisions a crime.

This bill would also require, upon delivery to a job site, as defined, each landscape plant or a representative number of each landscape plant, as determined by the Secretary of Food and Agriculture, to be individually labeled as to its correct name in order to correctly identify nursery stock installed in outdoor landscapes that are subject to inspection under the Model Water Efficient Landscape Ordinance or any local water efficient landscape ordinance. 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, 2020.

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)

(1) 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 the landscaping contractor examinations, examination, 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.

(3)

(2) 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 authorize a home inspection, upon request by the client, to include an inspection of a landscape irrigation system by a qualified home inspector.

(4)

(3) Existing law requires the Department of Water Resources, in consultation with the California Urban Water Conservation Council, to convene an independent technical panel, consisting of no more than 7 members, as prescribed, to provide information and recommendations to the department and the Legislature on new demand management measures, technologies, and approaches. Existing law requires the panel to report to the Legislature every 5 years, as specified.
This bill would require the Secretary of Food and Agriculture, Director of Water Resources, on or before June 30, 2019, to convene a working group comprised of various representatives, including, but not limited to, the independent technical panel, and would prescribe tasks for the working group relating to water use associated with landscape plants. The bill would require the working group to complete the tasks on or before December 31, 2019, January 1, 2020, and to provide a written overview of its findings and recommendations, as specified.
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.

(5)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: YESNO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Approximately one-half of the urban water provided for all purposes in California is used outdoors, primarily for landscape irrigation. This significant amount of potable water use, approximately four million acre-feet per year, illuminates the critical importance of the choices individuals and communities make about landscaping.
(b) The choices consumers make regarding landscape design and application can have an important role in advancing a strong water conservation and water use efficiency ethic within the state.
(c) Consumers require timely and easily accessible information when making decisions regarding purchases of plants, grasses, and other landscape materials, particularly related to consumptive water needs of the plants and grasses that will be used in landscapes.
(d) User-friendly and more readily accessible information regarding the consumptive water needs of plants and grasses would assist consumers in making decisions about efficient and sustainable landscape materials that would benefit California and help water managers to meet outdoor water use standards in the future.

SEC. 2.

 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 examination for 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. 3.

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

7195.5.
 A home inspection, if requested by the client, may include an inspection of a landscape irrigation system by a qualified home inspector.

SEC. 4.Section 53314 is added to the Food and Agricultural Code, to read:
53314.

“Job site” means a parcel of land in the state containing either a new landscape project or a rehabilitated landscape project subject to review and approval under the Model Water Efficient Landscape Ordinance (23 Cal. Code Regs. Sec. 490 et seq.) or any local water efficient landscape ordinance.

SEC. 5.Section 53333 is added to the Food and Agricultural Code, to read:
53333.

(a)On or before June 30, 2019, the secretary shall convene a working group comprised of representatives from the landscape nursery industry, the agricultural community, the landscape retail industry, environmental organizations, urban water agencies, academia, landscape contractors, and the independent technical panel created pursuant to Section 10631.7 of the Water Code.

(b)The working group shall have both of the following tasks:

(1)Examining the current state of consumer information available and accessible regarding water use associated with landscape plants.

(2)Exploring and identifying options for improving the availability, accessibility, and quality of consumer information regarding water use associated with landscape plants, in both electronic and physical formats.

(c)The working group shall complete its tasks on or before December 31, 2019, and shall provide a written overview of its findings and recommendations, if any, to the secretary, the Director of Water Resources, the Executive Director of the State Water Resources Control Board, the Speaker of the Assembly, and the President pro Tempore of the Senate.

SEC. 6.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, 2020, the secretary shall adopt regulations to implement Section 53482.5.

SEC. 7.Section 53482.5 is added to the Food and Agricultural Code, to read:
53482.5.

In order to correctly identify nursery stock installed in outdoor landscapes that is subject to inspection under the Model Water Efficient Landscape Ordinance (23 Cal. Code Regs. 490, et seq.) or any local water efficient landscape ordinance, upon delivery to a job site, each landscape plant or a representative number of each landscape plant, as determined by the secretary, shall be individually labeled as to its correct name as specified in Section 53481.

SEC. 4.

 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) “Director” means the Director of Water Resources.

(b)

(c) “Local agency” means any city, county, or city and county, including a charter city or charter county.

(c)

(d) “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. 5.

 Section 65596.7 is added to the Government Code, to read:

65596.7.
 (a) On or before June 30, 2019, the director shall convene a working group comprised of representatives from the landscape nursery industry, the agricultural community, the landscape retail industry, environmental organizations, urban water agencies, academia, landscape contractors, and the independent technical panel created pursuant to Section 10631.7 of the Water Code.
(b) The working group shall have both of the following tasks:
(1) Examining the current state of consumer information available and accessible regarding water use associated with landscape plants.
(2) Exploring and identifying options for improving the availability, accessibility, and quality of consumer information regarding water use associated with landscape plants, in both electronic and physical formats.
(c) The working group shall complete its tasks on or before January 1, 2020, and shall provide a written overview of its findings and recommendations, if any, to the director, the Executive Director of the State Water Resources Control Board, the Speaker of the Assembly, and the President pro Tempore of the Senate.

SEC. 8.SEC. 6.

 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. 9.

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.