Thursday, February 26, 2009

CALIFORNIA’S WATER SHORTAGE AND AB 1881 LEGISLATION UPDATE

Suzanne M. Palmer, Principal, DNA Inc.,

I remember growing up in the 70's in a rural Southern California town in North San Diego County. Dad would "take us four wheeling" in our bright orange Chevy Blazer on the weekends. We would bounce over rutted, muddy, dirt roads through orange groves and Eucalyptus trees. Our destination was remote water tanks, storage ponds, pump houses and reservoirs under the disguise of a "family four wheeling excursion". He never fooled me; I knew he was checking on his projects. As for me, I loved both the trip and the destination. My Dad was an engineer for a water district for 28 years, so I learned at a young age blazing over those dirt roads on weekends what amount of effort it took a small town to provide a safe reliable water source to its community. My years as a student of Landscape Architecture in the 80's reinforced that experience so much so that my Senior Project was a report on the significance of Southern California's limited potable water resources and translated it to the efficient use of water in the landscape. Let's face it "being green" about landscape water efficiency isn't anything new; it just has different players, new regulations, and bigger consequences for the economy and the consumer.

When I was at Cal Poly Pomona back in the 80’s, California was reeling from several consecutive years of drought from 1976-1977, 1987-1992, coupled with a reduction in water allocation from the Colorado River Aqueduct. The State of California responded to the reduction in supply and the increase in potable water demand with Assembly Bill 325. In September of 1990, AB 325 was signed by Governor Wilson approving the Water Conservation in Landscaping Act requiring the Department of Water Resources (DWR) to adopt a Model Water Efficient Landscape Ordinance. With the reduction of our California potable water supply AB 325 forced cities, counties, landscape architects, and the development community to change the way the landscape was planned and designed. So in response landscape design methods were developed that reduced the need for supplemental irrigation water and the term “Xeriscape” was coined. The State Model Water Efficient Landscape Ordinance brought an awareness of our dependency on potable water and developed a new platform for building stakeholder relationships to discuss the need for reducing the potable water demand in the landscape.

Ten years after AB 325 went into effect a report was published called “Water Efficient Landscape Ordinance: A Statewide Review”. The report analyzed the ordinance and it’s effectiveness on several levels. The study team conducted in depth interviews of stakeholders within 140 cities and 11 counties affected by the Ordinance. The results of the survey found positive feedback in implementing the Act such as improved landscape designs using drought tolerant plants, an improved level of efficient irrigation systems and an increased use of water budgeting. However, the study also stated there was an inconsistency with standards, implementation and post construction follow-up as well as a general lack of using the data required by the Act. However, one can’t deny the fact that the paradigm shift of designing for a sustainable future was set in motion during this time.

Here we go again!

We are in the midst of revisiting issues similar to those we responded to in1990, but this time I would go out on a limb and say that we are wiser than before. Stakeholders from various agencies, sectors, and disciplines are analyzing this situation from a more comprehensive perspective. Currently, we are in the third year of another drought as described on the California Department of Water Resources Website http://www.water.ca.gov/drought/. And again we face the reality of a reduction in our water supply allocation. This time it is from a court ordered restriction on one of our largest water supply systems from the Sacramento Delta. In response California again passes legislation updating AB 325. In November of 2006, Governor Schwarzenegger signed the Water Conservation in Landscaping Act of 2006 (AB 1881). AB 1881 requires the State of California Department of Water Resources (DWR) no later than January 1, 2009 by regulation to update the State Model Water Efficient Landscape Ordinance Assembly Bill 325. Riverside County responded with a Water Task Force and a Landscape Efficiency Sub committee made up of public agency, water district, private sector professionals to analyze and comment on AB 1881 and its adaptation into Riverside County’s Landscape Ordinance 859. I joined the Task Force Sub Committee and offered my knowledge and experience from a Landscape Architect’s viewpoint. Time marches on and DWR gave notice on February 8, 2009 that the public comment period conducted in 2008 was closed and a rulemaking action was filed to adopt the ordinance into law March 1, 2009. To read AB 1881 in detail refer to the California Department of Water Resources website

http://www.owue.water.ca.gov/landscape/ord/updatedOrd.cfm


So what does this mean for the planning and development community?

City and County government agencies and water purveyors throughout the State of California must either adopt the State Ordinance or some adaptation of their own landscape water efficiency ordinance. The implementation of the ordinance will vary with each entity but largely all agencies incorporate the objective of promoting water-efficient landscaping and effective water use management without declining in landscape quality.

The implementation of AB 1881 applies to “all projects that require permits, plan checks, design reviews and approvals including public and private development projects and existing properties with landscape areas one acre or greater.” Most significantly AB 1881 reduces the maximum water demand goal from 80% to 70% of its reference evapotranspiration and it requires the following; no overhead spray irrigation within 24” of a non-permeable surface, the use of drip irrigation or other low volume irrigation on slopes greater than 25%, the design must incorporate a “smart ET based irrigation controller and planting design must be based on plant group hydrozones of water needs. Within the context of these principle elements additional documents, irrigation schedules and soil analysis reports are required. AB 1881 attempts to close the loopholes of AB 325 by implementing regulation from the “ground up” so to speak.

The goals are ambitious but achievable because the comprehensive viewpoint provides an ultimate goal of reducing potable water demand and overall landscape management. And to me, that simply translates to upfront planning for lower HOA and LMD fees. Yes, it is a paradigm shift but by developing an interdisciplinary team of professionals that are educated in resource planning, technology and management we can begin to get this economy not only moving again but moving in a direction that will help us to sustain our California lifestyle.
So as we continue through the first quarter of 2009, review those projects that have been “shelved”. This time be cognizant of AB 1881 and the Landscape Water Efficient ordinances of the governing agencies and the Water District servicing the project area. DNA can assist in reviewing current plans and making recommendations on how to best move forward to ensure compliance with this legislation. Please call Peggy Newman at 951.296.3430, ext. 200 to set an appointment for a DNA Landscape Efficiency analysis of your projects.

Sidebar

DNA has been a consultant with Eastern Municipal Water District (EMWD) since 2008 and has collaborated with the Engineering, Operations, and Conservation departments at the district, developing long range plans, program analysis and on-going user management of irrigation efficiency and implementation for Recycled Water Irrigation Systems. EMWD adopted Ordinance 72.11 and subsequent ordinances in response to AB 325 and Riverside County Ordinance 859. The ordinance allows the District to require the use of recycled water instead of potable water for landscape irrigation purposes whenever possible, and implements water budgets for new commercial, industrial and institutional accounts. Due to our diverse knowledge base in Riverside County and within EMWD’s service area, DNA can assist the development community on project analysis and planning management projections.

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