SECTIONS 65591-65599 - California Statutes

GOVERNMENT CODE

SECTION 65591-65599

65591. This article shall be known and may be cited as the Water
Conservation in Landscaping Act.

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.

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, preventing
erosion, offering fire protection, and replacing ecosystems lost to
development.
(e) Landscape design, installation, maintenance, and management
can and should be water efficient.
(f) 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.
(g) (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 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.
(h) 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.

65594. (a) Except as provided in Section 65595, if by January 1,
1993, a local agency did not adopt a water efficient landscape
ordinance and did not adopt findings based on climatic, geological,
or topographical conditions, or water availability that state that a
water efficient landscape ordinance is unnecessary, the model water
efficient landscape ordinance adopted by the department pursuant to
Chapter 1145 of the Statutes of 1990 shall apply within the
jurisdiction of the local agency as of that date, shall be enforced
by the local agency, and shall have the same force and effect as if
adopted by the local agency.
(b) Notwithstanding subdivision (b) of Section 65592, subdivision
(a) does not apply to chartered cities.
(c) This section shall apply only until the department updates the
model ordinance.

65595. (a) (1) To the extent funds are appropriated, not later than
January 1, 2009, by regulation, the department shall update the
model water efficient landscape ordinance adopted pursuant to Chapter
1145 of the Statutes of 1990, after holding one or more public
hearings. The updated model ordinance shall be based on the
recommendations set forth in the report prepared pursuant to Chapter
682 of the Statutes of 2004 and shall meet the requirements of
Section 65596.
(2) Before the adoption of the updated model ordinance pursuant to
paragraph (1), the department shall prepare and submit to the
Legislature a report relating to both of the following:
(A) The extent to which local agencies have complied with the
model water efficient landscape ordinance adopted pursuant to Chapter
1145 of the Statutes of 1990.
(B) The department's recommendations regarding the landscape water
budget component of the updated model ordinance described in
subdivision (b) of Section 65596.
(b) Not later than January 31, 2009, the department shall
distribute the updated model ordinance adopted pursuant to
subdivision (a) to all local agencies and other interested parties.
(c) On or before January 1, 2010, a local agency shall adopt one
of the following:
(1) A water efficient landscape ordinance that is, based on
evidence in the record, at least as effective in conserving water as
the updated model ordinance adopted by the department pursuant to
subdivision (a).
(2) The updated model ordinance described in paragraph (1).
(d) If the local agency has not adopted, on or before January 1,
2010, a water efficient landscape ordinance pursuant to subdivision
(c), the updated model ordinance adopted by the department pursuant
to subdivision (a) shall apply within the jurisdiction of the local
agency as of that date, shall be enforced by the local agency, and
shall have the same force and effect as if adopted by the local
agency.
(e) Nothing in this article shall be construed to require the
local agency's water efficient landscape ordinance to duplicate, or
to conflict with, a water efficiency program or measure implemented
by a public water system, as defined in Section 116275 of the Health
and Safety Code, within the jurisdictional boundaries of the local
agency.

65596. The updated model ordinance adopted pursuant to Section
65595 shall do all 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. The
model ordinance shall not prohibit or require specific plant species,
but it may include conditions for the use of plant species or
encourage water conserving plants. However, the model ordinance shall
not include conditions that have the effect of prohibiting or
requiring specific plant species.
(b) Include a landscape water budget component that establishes
the maximum amount of water to be applied through the irrigation
system, based on climate, landscape size, irrigation efficiency, and
plant needs.
(c) Promote the benefits of consistent local ordinances in
neighboring areas.
(d) Encourage the capture and retention of stormwater onsite to
improve water use efficiency or water quality.
(e) 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 ).
(f) 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.
(g) Promote the use of recycled water consistent with Article 4
(commencing with Section 13520) of Chapter 7 of Division 7 of the
Water Code.
(h) Seek to educate water users on the efficient use of water and
the benefits of doing so.
(i) Address regional differences, including fire prevention needs.
(j) Exempt landscaping that is part of a registered historical
site.
(k) Encourage the use of economic incentives to promote the
efficient use of water.
(l) Include provisions for landscape maintenance 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 prescribing the amount of water applied per landscaped acre.
(m) Include provisions to minimize landscape irrigation overspray
and runoff.

65597. Not later than January 31, 2010, each local agency shall
notify the department as to whether the local agency is subject to
the department's updated model ordinance adopted pursuant to Section
65595, and if not, shall submit to the department a copy of the water
efficient landscape ordinance adopted by the local agency, and a
copy of the local agency's findings and evidence in the record that
its water efficient landscape ordinance is at least as effective in
conserving water as the department's updated model ordinance. Not
later than January 31, 2011, the department shall, to the extent
funds are appropriated, prepare and submit a report to the
Legislature summarizing the status of water efficient landscape
ordinances adopted by local agencies.

65598. Any model ordinance adopted pursuant to this article shall
exempt cemeteries from all provisions of the ordinance except those
set forth in subdivisions (h), (k), and (l) of Section 65596. In
adopting language specific to cemeteries, the department shall
recognize the special landscape management needs of cemeteries.

65599. Any actions or proceedings to attach, review, set aside,
void, or annul the act, decision, or findings of a local agency on
the ground of noncompliance with this article shall be brought
pursuant to Section 1085 of the Code of Civil Procedure.