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Updated Model Water Efficient Landscape Ordinance AB 1881 |
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Summary
Authoring legislation
What DWR is doing
Rulemaking Process
Schedule
How to Participate
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Summary
In 2004, AB 2717 was passed, it requested the California Urban Water Conservation Council (CUWCC) to
convene a stakeholder task force, composed of public and private agencies, to evaluate and recommend proposals
by December 31, 2005, for improving the efficiency of water use in new and existing urban irrigated landscapes
in California. Based on this charge, the Task Force adopted a comprehensive set of 43 recommendations, essentially
making changes to the AB 325 of 1990 and updating the Model Local Water Efficient Landscape Ordinance. The
recommendation of the bill charges DWR to update the Model Efficient Landscape Ordinance and to upgrade CIMIS.
The Water Conservation in Landscaping Act of 2006 (AB 1881) enacts many, but not all of the recommendations
reported to the Governor and Legislature in December 2005 by the CUWCC Landscape Task Force (Task Force).
AB 1881 requires DWR, not later than January 1, 2009, by regulation, to update the model ordinance in
accordance with specified requirements, reflecting the provisions of AB 2717. AB 1881 requires local agencies,
not later January 1, 2010, to adopt the updated model ordinance or equivalent or it will be automatically
adopted by statute. Also, the bill requires the Energy Commission, in consultation with the department, to
adopt, by regulation, performance standards and labeling requirements for landscape irrigation equipment,
including irrigation controllers, moisture sensors, emission devices, and valves to reduce the wasteful,
uneconomic, inefficient, or unnecessary consumption of energy or water.
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Authoring legislation
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What DWR is doing
ET Adjustment Factors
Assembly Bill 1881 requires the Department to update the Model Water Efficient Landscape Ordinance by January 1, 2009.
Before adopting the updated ordinance, DWR must report to the Legislature the extent local agencies have complied with
the 1990 model water efficient landscape ordinance (AB325-1990). Also included in this report will be a recommendation
of what the landscape water budget, or the ET adjustment factor, should be in the updated Model Ordinance.
The Department of Water Resources has formed a Technical Advisory Committee to guide updating the
Evapotranspiration Adjustment Factor. The technical advisory committee members represent a broad group of
organizations, agencies, and the green industry. The existing Model Ordinance established a water budget based on
the size of the landscape, reference evapotranspiration, and an ET Adjustment Factor. The ET Adjustment Factor when
applied to ETo, adjusts the amount of water needed to be applied to the landscape accounting for plant factor and
irrigation efficiency. A field verified ET Adjustment Factor or best available data and current knowledge, and
surveys were needed to be completed in order to make the recommendation.
In the existing Model Ordinance, the ET Adjustment Factor is 0.8. Based on expected increase in irrigation efficiency
to 71 percent, AB 2717 Taskforce proposed to lower the ET Adjustment Factor to 0.7. A combined plant mix remains the
same with a plant factor of 0.5. Leading to the ET Adjustment Factor of (0.5/0.71) 0.7. A state-wide plant factor of
0.5 comes from a mix of approximately 1/3 high, 1/3 medium and 1/3 low water using plants. DWR has prepared
draft Whitepaper examining existing information and making a recommendation for the ETAF. The recommended
ETAF is 0.7 with average irrigation efficiency of 0.71 and plant factor of 0.5.
DWR White Paper: Evapotranspiration Adjustment
Factor, January 25, 2008
Survey
In order to submit the report to the Legislature, the Office of Water Use Efficiency and Transfers will
conduct a survey of local agencies regarding their adoption and implementation of the 1990 model ordinance.
The survey will be sent to county and city planning departments and water conservation coordinators of local
water suppliers. In addition OWUET will ask a few questions regarding graywater in response to the AB 1881
recommendation, to "Facilitate the use of graywater".
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Rulemaking Process
In order for the state to adopt an updated Model Water Efficient
Landscape Ordinance (per the requirements of Statutes of 2006, AB 1881 Chapter 552), a rulemaking
process is necessary. The Office of Administrative Law's (OAL) Administrative Procedures Act (Government
Code Section 11340-11342.4) defines the rulemaking process (see "How to Participate section" below
for details). DWR initiated the rulemaking process for the updated Model Water Efficient Landscape
Ordinance in January 2008.
The rulemaking process ensures that the public will be informed of the updates of the Model Water
Efficient Landscape Ordinance before it takes effect. The public can comment and provide additional
information to DWR. DWR will analyze and respond to the public comment. DWR will create a permanent
record of its analysis and the rulemaking process.
Schedule
The tentative schedule for the rulemaking process is as follows:
February 8, 2008
DWR posted the Notice of Proposed
Rulemaking and released a draft of the updated Model Water Efficient Landscape Ordinance.
March 2008
DWR hosted two public hearings on the
draft of the updated Model Water Efficient Landscape Ordinance March 25, 2008 and March 27, 2008.
April-May 2008
- DWR will summarize, analyze and respond to public comments.
June 2008
- DWR will submit updated Model Water Efficient Landscape Ordinance and rulemaking
package to Office of Administrative Law (OAL).
- OAL will begin its 30 day review period
on updated Model Water Efficient Landscape Ordinance and the DWR rulemaking package.
July - December 2008
DWR will submit updated Model
Water Efficient Landscape Ordinance for adoption.
January 2009
DWR will adopt the updated Model Water
Efficient Landscape Ordinance.
January 2010
Local agencies, as required by law,
will adopt updated Model Water Efficient Landscape Ordinance or one that is "at least as effective as".
To prepare a draft updated Model Water Efficient Landscape Ordinance for release to the public in
February 2008. DWR initiated a process to engage interested stakeholders during 2007. DWR held meetings
to receive comments from the stakeholders with expertise in the subject matters as described below.
Stakeholder Meetings
DWR initiated a stakeholder process and invited stakeholders
on September 28, 2007. Stakeholders were assigned or grouped together based on their RSVP and
expertise in the subject matters of Plants, Irrigation, and Compliance. Each group will have the opportunity
to comment on sections of the updated Model Water Efficient Landscape Ordinance pertaining to the subject matter.
DWR will consider input from each group in order to prepare an entire draft of the updated Model Water
Efficient Landscape Ordinance.
The Department held 12 public discussions or stakeholder meetings in 2007 and one informational meeting in 2008.
- Jan. 11, 2007 - ETAF Technical Advisory Committee (Sac, CA)
- Jan. 22, 2007 - ETAF Technical Advisory Committee (Sac, CA)
- Aug. 7, 2007- ETAF Technical Advisory Committee (Sac, CA)
- Oct.18, 2007 - ETAF Technical Advisory Committee (Sac, CA)
- Oct. 30, 2007 - Stakeholder Meeting for Plant Group (Sac, CA)
- Nov. 14, 2007 - Stakeholder Meeting for Irrigation Group (Sac, CA)
- Nov. 15, 2007 - Stakeholder Meeting for Compliance Group (Sac, CA)
- Dec. 11, 2007 -Irrigation Association Conference (San Diego, CA)
- Dec. 12, 2007 - Stakeholder Meeting for All Groups (Sac, CA)
- Dec. 12, 2007 -Turf and Landscape Institute Meeting (Riverside, CA)
- Dec. 13, 2007 - Stakeholder Meeting for All Groups (Sac, CA)
- Dec. 18, 2007 - ETAF Technical Advisory Committee (Sac, CA)
- Jan. 28, 2008 - Final Stakeholder Meeting for All Groups (Sac, CA)
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How to Participate
The public is encouraged to participate in the rulemaking process for the updated Model Water Efficient
Landscape Ordinance. For more information, please visit the Office of Administrative Law's website to retrieve
the "How to Participate in the Rulemaking Process" document.
Notice of Proposed Rulemaking
As required by the Administrative Procedures Act,
the documents for DWR's rulemaking process are provided below for the public:
If you need additional information, please send an e-mail to mweo@water.ca.gov.
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