BILL NUMBER: SB 610 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Costa
FEBRUARY 22, 2001
An act to amend Section 21151.9 of the Public Resources Code, and
to amend Sections 10635, 10910, 10911, 10912, and 10915 of, and to
repeal Section 10913 of, the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 610, as introduced, Costa. Water supply planning.
(1) Existing law requires every urban water supplier to include as
part of its urban water management plan an assessment of the
reliability of its water service to its customers.
This bill would require additional information to be included as
part of an urban water management plan for urban water suppliers
whose water supply includes groundwater.
(2) Existing law, under certain circumstances, requires a city or
county that determines an environmental impact report is required in
connection with a project, as defined, to request each public water
system that may supply water for the project to assess, among other
things, whether its total projected water supplies will meet the
projected water demand associated with the proposed project.
Existing law requires the public water system to submit the
assessment to the city or county not later than 30 days from the date
on which the request was received and, in the absence of the
submittal of an assessment, provides that it shall be assumed that
the public water system has no information to submit. Existing law
makes legislative findings and declarations concerning "Proposition
C," a measure approved by the voters of San Diego County relating to
regional growth management, and provides that the procedures
established by a specified review board established in connection
with that measure are deemed to comply with the requirements
described above relating to water supply planning by a city or
county.
This bill would revise these provisions. The bill, instead, would
require a city or county that determines a project is subject to the
California Environmental Quality Act to identify any public water
system that may supply water for the project and to request those
public water systems to assess whether its total projected water
supplies will meet the projected water demand associated with the
proposed project. The bill would require the assessment to include
an identification of existing water supply entitlements, water
rights, or water service contracts held by the public water system
and prior years water deliveries so received by the public water
system. The bill would revise the definition of "project," for the
purposes of these provisions, and make related changes.
The bill would require the city or county, if a public water
system does not submit the assessment within 90 days, to request the
Department of Water Resources to submit the assessment to the city or
county not later than 90 days from the date on which the request was
received. The bill would provide for the recovery of the costs
incurred by the department in connection with the preparation of the
assessment. The bill would require the city or county to include the
water supply assessment and other prescribed information in any
environmental document prepared for the project pursuant to the act.
By establishing duties for counties and cities, the bill would
impose a state-mandated local program.
The bill would provide that the County of San Diego is deemed to
comply with these water supply planning requirements if the Office of
Planning and Research determines that certain requirements have been
met in connection with the implementation of "Proposition C."
(3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) The length and severity of droughts in California cannot be
predicted with any accuracy.
(2) There are various factors that affect the ability to ensure
that adequate water supplies are available to meet all of California'
s water demands.
(3) Because of these factors, it is not possible to guarantee a
permanent water supply for all water users in California in the
amounts requested.
(4) Therefore, it is critical that California's water agencies
carefully assess the reliability of their water supply and delivery
systems.
(5) Furthermore, California's overall water delivery system has
become less reliable over the last 20 years because demand for water
has continued to grow while supplies available for consumptive uses
have decreased.
(6) With increasing frequency, California's water agencies are
required to impose water rationing on their residential and business
customers during this state's frequent and severe periods of drought.
(7) The identification of water supplies needed during
multiple-year droughts is vital to California's business climate, as
well as to the health of the agricultural industry, environment,
rural communities, and residents who continue to face the possibility
of severe water cutbacks during water shortage periods.
(8) It appears that the water supply and land use planning
linkage, established by Part 2.10 (commencing with Section 10910) of
Division 6 of the Water Code, has not been implemented in a manner
that ensures the appropriate level of communication and the necessary
information to understand water supply availability is not
consistently reaching the governing bodies of the affected
organizations in order for decisions to be made with regard to
development and water supply availability within local communities.
(b) It is the intent of the Legislature to strengthen the process
pursuant to which cities and counties determine the adequacy of
existing and planned future water supplies to meet existing and
planned future demands on those water supplies.
SEC. 2. Section 21151.9 of the Public Resources Code is amended to
read:
21151.9. Whenever a city or county determines that an
environmental impact report is required in connection with
a project, as defined in Section 10913 10912
of , and described in Section 10910 of , of
the Water Code, is subject to this division, it
shall comply with Part 2.10 (commencing with Section 10910) of
Division 6 of the Water Code.
SEC. 3. Section 10635 of the Water Code is amended to read:
10635. (a) Every urban water supplier shall include, as part of
its urban water management plan, an assessment of the reliability of
its water service to its customers during normal, dry, and multiple
dry water years. This water supply and demand assessment shall
compare the total water supply sources available to the water
supplier with the total projected water use over the next 20 years,
in five-year increments, for a normal water year, a single dry water
year, and multiple dry water years. The water service reliability
assessment shall be based upon the information compiled pursuant to
Section 10631, including available data from state, regional, or
local agency population projections within the service area of the
urban water supplier.
(b) In addition to the information provided pursuant to
subdivision (a), for urban water suppliers whose water supply
includes groundwater, the following additional information shall be
provided as part of its urban water management plan:
(1) An identification and description of the other users of the
groundwater basin and the historical water use patterns of those
other users during normal, single-dry, and multiple-dry water years.
(2) An estimate of the maximum quantity of water that can be
continuously withdrawn from the groundwater basin without adverse
effect.
(3) An identification as to whether the groundwater basin is
overdrafted and a description of the known and anticipated effects of
the overdraft condition.
(4) A description of any groundwater management programs that have
been implemented, including any strategies to monitor groundwater
levels and extractions and the development of any cooperative
arrangements among basin users to minimize or eliminate problem
conditions.
(c) The urban water supplier shall provide that portion of
its urban water management plan prepared pursuant to this article to
any city or county within which it provides water supplies no later
than 60 days after the submission of its urban water management plan.
(c)
(d) Nothing in this article is intended to create a right or
entitlement to water service or any specific level of water service.
(d)
(e) Nothing in this article is intended to change existing
law concerning an urban water supplier's obligation to provide water
service to its existing customers or to any potential future
customers.
SEC. 4. Section 10910 of the Water Code is amended to read:
10910. (a) Any city or county that determines that an
environmental impact report is required in connection with
a project, as defined in Section 10913,
10912, is subject to the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code) under Section 21080 of the Public Resources Code shall
comply with this part if, as part of the approval of the
project, either of the following is required:
(1) The adoption of a specific plan, if the city or county has not
previously complied with this part for the project in question.
(2) An amendment to, or revision of, the land use element of a
general plan, or a specific plan, that will result in a net increase
in the stated population density or building intensity to provide for
additional development.
(b) Notwithstanding subdivision (a), only a project that will
result in a net increase in the stated population density or building
intensity that has been identified in connection with the revision
of any part of a general plan is subject to the requirements imposed
by this part, if the project has not previously complied with this
part .
(c)
(b) The city or county shall , at the
time that it submits a notice of preparation
determines whether an environmental impact report, a negative
declaration, or a mitigated negative declaration is required for any
project subject to the California Environmental Quality Act
pursuant to Section 21080.4 21080.1 of
the Public Resources Code, shall identify any water system
that is, or may become, a public water system, as defined in Section
10912, that may supply water for the project. If the city or
county is not able to identify any public water system that may
supply water for the project, the city or county shall request the
department to comply with this part.
(d)
(c) The city or county, at the time it submits a
notice of preparation makes the determination required
under Section 21080.1 of the Public Resources Code , shall
request each public water system identified pursuant to subdivision
(c) (b) to assess whether the projected
water demand associated with a proposed project described
in subdivision (a) or (b) was included as part of the most
recently adopted urban water management plan adopted pursuant to Part
2.6 (commencing with Section 10610). As part of that assessment,
the public water system shall indicate whether its total projected
water supplies available during normal, single-dry, and multiple-dry
water years included in the 20-year projection contained in the urban
water management plan will meet the projected water demand
associated with the proposed project, in addition to the public water
system's existing and planned future uses.
(e) The assessment shall also include an
identification of any existing water supply entitlements, water
rights, or water service contracts held by the public water system,
and a description of the quantities of prior years' water deliveries
received by the public water system under the existing water supply
entitlements, water rights, or water service contracts.
(d) An identification of existing water supply entitlements, water
rights, or water service contracts held by the public water system
shall be demonstrated by providing information related to all of the
following:
(1) Written contracts or other proof of entitlement to an
identified water supply.
(2) Copies of a capital outlay program for financing the delivery
of a water supply, that has been adopted by the public water system.
(3) Federal, state, and local permits for construction of
necessary infrastructure associated with delivering the water supply.
(4) Any necessary regulatory approvals that are required in order
to be able to convey or deliver the water supply.
(e) If no prior years' water deliveries have been received by the
public water system under the existing water supply entitlements,
water rights, or water service contracts, the public water system
shall also include in its water supply assessment pursuant to
subdivision (c), an identification of the other public water systems
or water service contract holders that receive a water supply or have
existing water supply entitlements, water rights, or water service
contracts, to the same source of water as the public water system has
identified as a source of water supply within its water supply
assessments.
(f) In addition to the information provided pursuant to
subdivision (c), a public water system whose water supply includes
groundwater shall also provide the following information:
(1) An identification and description of the other users of the
groundwater basin and the historical water use patterns of those
other users during normal, single-dry, and multiple-dry water years.
(2) An estimate of the maximum quantity of water that can be
continuously withdrawn from the groundwater basin without adverse
effect.
(3) An identification as to whether the groundwater basin is
overdrafted and a description of the known and anticipated effects of
the overdraft condition.
(4) A description of any groundwater management programs that have
been implemented, including any strategies to monitor groundwater
levels and extractions and the development of any cooperative
arrangements among basin users to minimize or eliminate problem
conditions.
(g) (1) The governing body of each public water system shall
approve the assessment prepared pursuant to subdivision (d)
(c) , at a regular or special meeting and
submit the assessment to the city or county not later than
30 90 days after from
the date on which the request was received.
(f) If the public water system that receives a request pursuant to
subdivision (d) fails to submit its assessment to the city or county
within the 30 days provided in subdivision (e), it shall be assumed,
without a request for a specific extension of time, that the public
water system has no information to submit.
(2) If the governing body does not approve and submit the
assessment within 90 days, the city or county shall request the
department to prepare the assessment pursuant to subdivision (c) and
the department shall submit the assessment to the city or county not
later than 90 days from the date on which the request was received.
(3) The Controller shall deduct the amount of any costs incurred
by the department in preparing the assessment pursuant to paragraph
(2), as those costs are determined by the department and submitted to
the Controller, from any appropriation to, or for the benefit of,
the public water system for which the assessment was prepared until
the total cost of the assessment has been recovered by the state.
SEC. 5. Section 10911 of the Water Code is amended to read:
10911. (a) If, as a result of its assessment, the public water
system concludes that its water supplies are, or will be,
insufficient, the public water system shall provide to the city or
county its plans for acquiring additional water supplies, setting
forth the measures that are being undertaken to acquire and develop
those water supplies. Those plans may include, but are not limited
to, information concerning all of the following:
(1) The estimated total costs, and the proposed method of
financing the costs, associated with acquiring the additional water
supplies.
(2) All federal, state, and local permits, approvals, or
entitlements that are anticipated to be required in order to acquire
and develop the additional water supplies.
(3) Based on the considerations set forth in paragraphs (1) and
(2), the estimated timeframes within which the public water system
expects to be able to acquire additional water supplies.
(b) The lead agency city or county
shall include in the environmental impact report
the water supply assessment provided to the lead agency by
the public water system pursuant to Section 10910, and any
information provided pursuant to subdivision (a), except
that the assessment and information shall not exceed 10 standard
typewritten pages in length unless the lead agency determines that
additional information is appropriate in any
environmental document prepared for the project pursuant to Division
13 (commencing with Section 21000) of the Public Resources Code
.
(c) The lead agency city or county
may include in the any environmental
impact report document an evaluation of
any information included in the that
environmental impact report document
provided pursuant to subdivision (b). The lead agency
city or county shall determine, based on the
entire record, whether projected water supplies will be sufficient to
satisfy the demands of the proposed project, in
addition to existing and planned future uses. If the lead
agency city or county determines that water
supplies will not be sufficient, the lead agency
city or county shall include that determination in its
findings pursuant to Section 21081 of the Public Resources
Code for the project .
SEC. 6. Section 10912 of the Water Code is amended to read:
10912. For the purposes of this part, "public
the following terms have the following meanings:
(a) "Project" means any of the following:
(1) A proposed residential development of more than 500 dwelling
units.
(2) A proposed shopping center or business establishment employing
more than 1,000 persons or having more than 500,000 square feet of
floor space.
(3) A proposed commercial office building employing more than
1,000 persons or having more than 250,000 square feet of floor space.
(4) A proposed hotel or motel, or both, having more than 500
rooms.
(5) A proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons, occupying
more than 40 acres of land, or having more than 650,000 square feet
of floor area.
(6) A mixed-use project that includes one or more of the projects
specified in this subdivision.
(7) A general plan, element, or amendment that provides for one or
more of the projects specified in this subdivision.
(8) A project that would demand an amount of water equivalent to,
or greater than, the amount of water required by a 500 dwelling unit
project.
(b) If a public water system has fewer than 5,000 service
connections, then "project" means any proposed residential, business,
commercial, hotel or motel, or industrial development that would
account for an increase of 10 percent or more in the number of the
public water system's existing service connections, or a mixed-use
project that would demand an amount of water equivalent to, or
greater than, the amount of water required by residential development
that would represent an increase of 10 percent or more in the number
of the public water system's existing service connections.
(c) "Public water system" means a system for the provision
of piped water to the public for human consumption that has 3000 or
more service connections. A public water system includes all of the
following:
(a)
(1) Any collection, treatment, storage, and distribution
facility under control of the operator of the system which is used
primarily in connection with the system.
(b)
(2) Any collection or pretreatment storage facility not
under the control of the operator that is used primarily in
connection with the system.
(c)
(3) Any person who treats water on behalf of one or more
public water systems for the purpose of rendering it safe for human
consumption.
SEC. 7. Section 10913 of the Water Code is repealed.
10913. A project, for purposes of this part, means any of the
following activities for which an application has been submitted to a
city or county:
(a) A proposed residential development of more than 500 dwelling
units.
(b) A proposed shopping center or business establishment employing
more than 1,000 persons or having more than 500,000 square feet of
floor space.
(c) A proposed commercial office building employing more than
1,000 persons or having more than 250,000 square feet of floor space.
(d) A proposed hotel or motel, or both, having more than 500
rooms.
(e) A proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons, occupying
more than 40 acres of land, or having more than 650,000 square feet
of floor area.
(f) A mixed-use project that would demand an amount of water
equivalent to, or greater than, the amount of water required by a
500-dwelling-unit project.
SEC. 8. Section 10915 of the Water Code is amended to read:
10915. (a) The Legislature finds and declares all of the
following:
(1) The voters of the County of San Diego, in November 1988,
approved Proposition C, a measure that required The
County of San Diego is deemed to comply with this part if the Office
of Planning and Research determines that all of the following
conditions have been met:
(a) Proposition (C), as approved by the voters of the County of
San Diego in November 1988, requires the development of a
regional growth management plan and directed
directs the establishment of a regional planning and growth
management review board.
(2)
(b) The County of San Diego and the cities in the county, by
agreement, designated designates the
San Diego Association of Governments as that review board.
(3)
(c) A regional growth management strategy that provides for
a comprehensive regional strategy and a coordinated economic
development and growth management program has been developed pursuant
to Proposition C.
(4)
(d) The regional growth management strategy includes a water
element to coordinate planning for water that is consistent with the
requirements of this part.
(5)
(e) The San Diego County Water Authority, by agreement with
the San Diego Association of Governments in its capacity as the
review board, uses the association's most recent regional growth
forecasts for planning purposes and to implement the water element of
the strategy.
(b)
(f) The procedures established by the review board for the
development and approval of the regional growth management strategy,
including the water element and any certification process established
to ensure that a general plan project
is consistent with that element, are deemed to
comply with the requirements of this part.
SEC. 9. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.