2005 California Government Code Sections 65591-65600 Article 10.8. Water Conservation in Landscaping

65591.  This article may be cited and shall be known as the Water
Conservation in Landscaping Act.
65591.2.  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, and maintenance can and should
be water efficient.
65591.5.  (a) It is the intent of the Legislature that the
Department of Water Resources prepare and promote the use of a model
water efficient landscape ordinance which local agencies may adopt.
   (b) It is the intent of the Legislature that the Department of
Water Resources adopt a model water efficient landscape ordinance
based on recommendations from a task force representing the
landscape, water, and building industries, local agencies, and
others.
   (c) It is the intent of the Legislature that the task force reach
general agreement on those provisions which will be included in the
model water efficient landscape ordinance.
   (d) It is the intent of the Legislature that the task force
consider the most recent information on efficient landscape
irrigation technologies and those elements of existing water
efficient landscape ordinances which have proven successful in
reducing water consumption.
   (e) It is the intent of the Legislature that the model water
efficient landscape ordinance developed pursuant to this article
promote the most efficient use of water in the landscape while
respecting the economic, environmental, aesthetic, and lifestyle
choices of individuals and property owners.
65592.  Unless the context requires otherwise, the definitions used
in this section 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.
   (c) "Water efficient landscape ordinance" means an ordinance or
resolution adopted by a local agency to address the efficient use of
water in landscaping.
65593.  Not later than February 1, 1991, the department shall
appoint an advisory task force to work with department staff in the
drafting of a model water efficient landscape ordinance.  The task
force shall consist of the following members:
   (a) One member selected from a list provided by the League of
California Cities.
   (b) One member selected from a list provided by the County
Supervisors Association of California.
   (c) One member selected from a list provided by a recognized
professional association in California representing water agencies.
   (d) One member selected from a list provided by a recognized
association in California representing commercial builders.
   (e) One member selected from a list provided by a recognized
professional association in California representing residential
builders.
   (f) One member representing a nonprofit environmental protection
organization or a water conservation organization whose principal
purpose includes promoting the efficient use of water or water
conservation.
   (g) One member selected from a list provided by a recognized
professional association in California representing the nursery
industry.
   (h) One member selected from a list provided by a recognized
professional association in California representing landscape
contractors.
   (i) One member selected from a list provided by a recognized
professional association in California representing landscape
architects.
   (j) One member selected from a list provided by a recognized
professional association in California representing the manufacturers
or designers of irrigation equipment.
   (k) One member representing the Green Industry Council of
California.
   (l) One member selected from a list provided by a recognized
association in California representing the growers or producers of
turf grass.
   (m) One member selected by the Director of Water Resources.
   Membership of the task force shall, to the extent practicable, be
representative of the state's cultural, racial, and ethnic diversity
and gender balance.
   All meetings of the task force shall be subject to Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code.
   The Legislature declares that some individuals appointed as
members of the task force must be chosen as representatives of the
industries and professions impacted by local water conservation
ordinances, and that their representation of these industries and
professions does serve the general public interest as they have
unique information, expertise, and experience on the issue of water
conservation and landscaping that should be taken into consideration
by the department as it considers the development of model water
conservation ordinances.  Therefore, for purposes of persons who hold
this office, the industries and professions which are represented on
the task force constitute the public generally within the meaning of
Section 87103 of the Government Code in those decisions impacting
those specific industries and professions, unless the results of
their actions taken as task force members have a material financial
effect on those members distinguishable from their effect on other
members of their respective industries and professions generally.
   The task force shall submit the recommended model local water
efficient landscape ordinance to the department on or before May 1,
1991.
   The department shall adopt a model local water efficient landscape
ordinance based on the recommendations of the task force.
   The task force shall cease to exist on the date the department
adopts a model local water efficient landscape ordinance or January
1, 1992, whichever occurs first.
65594.  (a) Not later than January 1, 1992, after holding a public
hearing, the department, based on recommendations of the task force
established pursuant to Section 65593, shall adopt a model local
water efficient landscape ordinance which each local agency may
adopt.
   (b) In developing the model ordinance, the task force shall
recognize and promote the benefits of consistent local ordinances in
areas having similar climatic, geological, or topographical
conditions.
   (c) The department shall notify and deliver a copy of the model
local water efficient landscape ordinance to the Joint Legislative
Budget Committee. The Joint Legislative Budget Committee shall have
60 days to review the model ordinance before it is formally adopted
by the department.
   (d) Not later than January 31, 1992, the department shall
distribute the adopted model ordinance to all local agencies and
other interested parties.
   (e) The department shall promote the benefits of consistent local
ordinances in areas having similar climatic, geological, or
topographical areas.
65595.  If by January 1, 1993, a local agency has not adopted a
water efficient landscape ordinance or has not adopted findings based
on climatic, geological, or topographical conditions, or water
availability, which state that a water  efficient landscape ordinance
is unnecessary, the model water efficient landscape ordinance
adopted by the department pursuant to subdivision (a) of Section
65594 shall take effect on January 1, 1993, and shall be enforced by
the local agency and have the same force and effect as if adopted by
the local agency.
65596.  To the extent feasible, local agencies that adopt a water
efficient landscape ordinance after the model water efficient
landscape ordinance is adopted by the department, shall consider the
provisions of the model.
65597.  The proposed model ordinance shall contain, but not be
limited to, the following:
   (a) Provisions for water conservation through the appropriate use
and groupings of plants that are well adapted to particular sites and
to particular climatic, geological, or topographical conditions.
The model ordinance shall not prohibit or require specific plant
species, but it may include conditions for the use of plant species.
However, the model shall not include conditions which have the
effect of prohibiting or requiring specific plant species.
   (b) Provisions for the use of automatic irrigation systems and
seasonal irrigation schedules, incorporating water conservation
design and utilizing methods appropriate for specific terrains, soil
types, wind conditions, temperatures, and other environmental
factors, in order to ensure a high degree of water efficiency.
   (c) Provisions for 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.
   (d) Provisions for the use of recycled water supplied through dual
distribution systems, if feasible and cost effective, and subject to
appropriate health standards.
   (e) Provisions to educate water users on the efficient use of
water and the benefits of doing so.
   (f) Provisions addressing regional differences where necessary and
feasible, including fire prevention needs.
   (g) Provisions to exempt landscaping which is part of a registered
historical site, where feasible.
   (h) Provisions for the use of economic incentives to promote the
efficient use of water, where feasible.
   (i) Provisions for landscape maintenance practices which foster
long-term landscape water conservation.  Landscape maintenance
practices may include, but are not limited to, performing routine
irrigation system repair and adjustments, scheduling irrigation based
on CIMIS (California Irrigation Management Information System),
conducting water audits, and prescribing the amount of water applied
per landscaped acre.
65598.  The proposed model ordinance shall exempt cemeteries from
all provisions of the ordinance except those provisions adopted to
conform with subdivisions (e), (h), and (i) of Section 65597.  In
adopting language specific to cemeteries, the task force shall
recognize their special landscape management needs.
65599.  Not later than January 31, 1993, each local agency shall
file with the department a copy of the water efficient landscape
ordinance adopted pursuant to Section 65595, or adopted before the
effective date of this article, or the findings which state that a
water efficient landscape ordinance is unnecessary.  Not later than
July 1, 1993, the department shall prepare and submit a report to
the Legislature summarizing the status of water efficient landscape
ordinances adopted by local agencies.
65600.  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.