BILL NUMBER: SB 610 CHAPTERED
BILL TEXT
CHAPTER 643
FILED WITH SECRETARY OF STATE OCTOBER 9, 2001
APPROVED BY GOVERNOR OCTOBER 9, 2001
PASSED THE SENATE SEPTEMBER 13, 2001
PASSED THE ASSEMBLY SEPTEMBER 10, 2001
AMENDED IN ASSEMBLY SEPTEMBER 6, 2001
AMENDED IN ASSEMBLY AUGUST 27, 2001
AMENDED IN SENATE MAY 23, 2001
INTRODUCED BY Senator Costa
(Coauthor: Assembly Member Dickerson)
FEBRUARY 22, 2001
An act to amend Section 21151.9 of the Public Resources Code, and
to amend Sections 10631, 10656, 10910, 10911, 10912, and 10915 of, to
repeal Section 10913 of, and to add and repeal Section 10657 of, the
Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 610, Costa. Water supply planning.
(1) Existing law requires every urban water supplier to identify,
as part of its urban water management plan, the existing and planned
sources of water available to the supplier over a prescribed 5-year
period. Existing law prohibits an urban water supplier that fails to
prepare or submit its urban water management plan to the Department
of Water Resources from receiving drought assistance from the state
until the plan is submitted.
This bill would require additional information to be included as
part of an urban water management plan if groundwater is identified
as a source of water available to the supplier. The bill would
require an urban water supplier to include in the plan a description
of all water supply projects and programs that may be undertaken to
meet total projected water use. The bill would prohibit an urban
water supplier that fails to prepare or submit the plan to the
department from receiving funding made available from specified bond
acts until the plan is submitted. The bill, until January 1, 2006,
would require the department to take into consideration whether the
urban water supplier has submitted an updated plan, as specified, in
determining eligibility for funds made available pursuant to any
program administered by the department.
(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 those 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 prepare a specified water supply assessment,
except as otherwise specified. The bill would require the assessment
to include, among other information, an identification of existing
water supply entitlements, water rights, or water service contracts
relevant to the identified water supply for the proposed project and
water received in prior years pursuant to those entitlements, rights,
and contracts. The bill would require the city or county, if it is
not able to identify any public water system that may supply water
for the project, to prepare the water supply assessment after a
prescribed consultation. The bill would revise the definition of
"project," for the purposes of these provisions, and make related
changes.
The bill would prescribe a timeframe within which a public water
system is required to submit the assessment to the city or county and
would authorize the city or county to seek a writ of mandamus to
compel the public water system to comply with requirements relating
to the submission of the assessment.
The bill would require the public water system, or the city or
county, as applicable, if that entity concludes that water supplies
are, or will be, insufficient, to submit the plans for acquiring
additional water supplies.
The bill would require the city or county to include the water
supply assessment and certain other 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 bill would incorporate additional changes in Section 10631
of the Water Code proposed by AB 901, to be operative only if this
bill and AB 901 are enacted and become effective on or before January
1, 2002, each bill amends Section 10631 of the Water Code, and this
bill is enacted last.
(4) 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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, now and in the future.
(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 new supplies have not been developed in
amounts sufficient to meet the increased demand.
(6) There are a variety of measures for developing new water
supplies including water reclamation, water conservation, conjunctive
use, water transfers, seawater desalination, and surface water and
groundwater storage.
(7) 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.
(8) The identification and development 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.
(9) A recent study indicates 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 between
water agencies and planning agencies, and this act is intended to
remedy that deficiency in communication.
(b) It is the intent of the Legislature to strengthen the process
pursuant to which local agencies 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 a project, as
defined in Section 10912 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 10631 of the Water Code is amended to read:
10631. A plan shall be adopted in accordance with this chapter
and shall do all of the following:
(a) Describe the service area of the supplier, including current
and projected population, climate, and other demographic factors
affecting the supplier's water management planning. The projected
population estimates shall be based upon data from the state,
regional, or local service agency population projections within the
service area of the urban water supplier and shall be in five-year
increments to 20 years or as far as data is available.
(b) Identify and quantify, to the extent practicable, the existing
and planned sources of water available to the supplier over the same
five-year increments as described in subdivision (a). If
groundwater is identified as an existing or planned source of water
available to the supplier, all of the following information shall be
included in the plan:
(1) A copy of any groundwater management plan adopted by the urban
water supplier, including plans adopted pursuant to Part 2.75
(commencing with Section 10750), or any other specific authorization
for groundwater management.
(2) A description of any groundwater basin or basins from which
the urban water supplier pumps groundwater. For those basins for
which a court or the board has adjudicated the rights to pump
groundwater, a copy of the order or decree adopted by the court or
the board and a description of the amount of groundwater the urban
water supplier has the legal right to pump under the order or decree.
For basins that have not been adjudicated, information as to
whether the department has identified the basin or basins as
overdrafted or has projected that the basin will become overdrafted
if present management conditions continue, in the most current
official departmental bulletin that characterizes the condition of
the groundwater basin, and a detailed description of the efforts
being undertaken by the urban water supplier to eliminate the
long-term overdraft condition.
(3) A detailed description and analysis of the amount and location
of groundwater pumped by the urban water supplier for the past five
years. The description and analysis shall be based on information
that is reasonably available, including, but not limited to, historic
use records.
(4) A detailed description and analysis of the location, amount,
and sufficiency of groundwater that is projected to be pumped by the
urban water supplier. The description and analysis shall be based on
information that is reasonably available, including, but not limited
to, historic use records.
(c) Describe the reliability of the water supply and vulnerability
to seasonal or climatic shortage, to the extent practicable, and
provide data for each of the following:
(1) An average water year.
(2) A single dry water year.
(3) Multiple dry water years.
For any water source that may not be available at a consistent
level of use, given specific legal, environmental, water quality, or
climatic factors, describe plans to replace that source with
alternative sources or water demand management measures, to the
extent practicable.
(d) Describe the opportunities for exchanges or transfers of water
on a short-term or long-term basis.
(e) (1) Quantify, to the extent records are available, past and
current water use, over the same five-year increments described in
subdivision (a), and projected water use, identifying the uses among
water use sectors, including, but not necessarily limited to, all of
the following uses:
(A) Single-family residential.
(B) Multifamily.
(C) Commercial.
(D) Industrial.
(E) Institutional and governmental.
(F) Landscape.
(G) Sales to other agencies.
(H) Saline water intrusion barriers, groundwater recharge, or
conjunctive use, or any combination thereof.
(I) Agricultural.
(2) The water use projections shall be in the same five-year
increments as described in subdivision (a).
(f) Provide a description of the supplier's water demand
management measures. This description shall include all of the
following:
(1) A description of each water demand management measure that is
currently being implemented, or scheduled for implementation,
including the steps necessary to implement any proposed measures,
including, but not limited to, all of the following:
(A) Water survey programs for single-family residential and
multifamily residential customers.
(B) Residential plumbing retrofit.
(C) System water audits, leak detection, and repair.
(D) Metering with commodity rates for all new connections and
retrofit of existing connections.
(E) Large landscape conservation programs and incentives.
(F) High-efficiency washing machine rebate programs.
(G) Public information programs.
(H) School education programs.
(I) Conservation programs for commercial, industrial, and
institutional accounts.
(J) Wholesale agency programs.
(K) Conservation pricing.
(L) Water conservation coordinator.
(M) Water waste prohibition.
(N) Residential ultra-low-flush toilet replacement programs.
(2) A schedule of implementation for all water demand management
measures proposed or described in the plan.
(3) A description of the methods, if any, that the supplier will
use to evaluate the effectiveness of water demand management measures
implemented or described under the plan.
(4) An estimate, if available, of existing conservation savings on
water use within the supplier's service area, and the effect of such
savings on the supplier's ability to further reduce demand.
(g) An evaluation of each water demand management measure listed
in paragraph (1) of subdivision (f) that is not currently being
implemented or scheduled for implementation. In the course of the
evaluation, first consideration shall be given to water demand
management measures, or combination of measures, that offer lower
incremental costs than expanded or additional water supplies. This
evaluation shall do all of the following:
(1) Take into account economic and noneconomic factors, including
environmental, social, health, customer impact, and technological
factors.
(2) Include a cost-benefit analysis, identifying total benefits
and total costs.
(3) Include a description of funding available to implement any
planned water supply project that would provide water at a higher
unit cost.
(4) Include a description of the water supplier's legal authority
to implement the measure and efforts to work with other relevant
agencies to ensure the implementation of the measure and to share the
cost of implementation.
(h) Include a description of all water supply projects and water
supply programs that may be undertaken by the urban water supplier to
meet the total projected water use as established pursuant to
subdivision (a) of Section 10635. The urban water supplier shall
include a detailed description of expected future projects and
programs, other than the demand management programs identified
pursuant to paragraph (1) of subdivision (f), that the urban water
supplier may implement to increase the amount of the water supply
available to the urban water supplier in average, single dry, and
multiple dry water years. The description shall identify specific
projects and include a description of the increase in water supply
that is expected to be available from each project. The description
shall include an estimate with regard to the implementation timeline
for each project or program.
(i) Urban water suppliers that are members of the California Urban
Water Conservation Council and submit annual reports to that council
in accordance with the "Memorandum of Understanding Regarding Urban
Water Conservation in California," dated September 1991, may submit
the annual reports identifying water demand management measures
currently being implemented, or scheduled for implementation, to
satisfy the requirements of subdivisions (f) and (g).
SEC. 3.5. Section 10631 of the Water Code is amended to read:
10631. A plan shall be adopted in accordance with this chapter
and shall do all of the following:
(a) Describe the service area of the supplier, including current
and projected population, climate, and other demographic factors
affecting the supplier's water management planning. The projected
population estimates shall be based upon data from the state,
regional, or local service agency population projections within the
service area of the urban water supplier and shall be in five-year
increments to 20 years or as far as data is available.
(b) Identify and quantify, to the extent practicable, the existing
and planned sources of water available to the supplier over the same
five-year increments as described in subdivision (a). If
groundwater is identified as an existing or planned source of water
available to the supplier, all of the following information shall be
included in the plan:
(1) A copy of any groundwater management plan adopted by the urban
water supplier, including plans adopted pursuant to Part 2.75
(commencing with Section 10750), or any other specific authorization
for groundwater management.
(2) A description of any groundwater basin or basins from which
the urban water supplier pumps groundwater. For those basins for
which a court or the board has adjudicated the rights to pump
groundwater, a copy of the order or decree adopted by the court or
the board and a description of the amount of groundwater the urban
water supplier has the legal right to pump under the order or decree.
For basins that have not been adjudicated, information as to
whether the department has identified the basin or basins as
overdrafted or has projected that the basin will become overdrafted
if present management conditions continue, in the most current
official departmental bulletin that characterizes the condition of
the groundwater basin, and a detailed description of the efforts
being undertaken by the urban water supplier to eliminate the
long-term overdraft condition.
(3) A detailed description and analysis of the location, amount,
and sufficiency of groundwater pumped by the urban water supplier for
the past five years. The description and analysis shall be based on
information that is reasonably available, including, but not limited
to, historic use records.
(4) A detailed description and analysis of the amount and location
of groundwater that is projected to be pumped by the urban water
supplier. The description and analysis shall be based on information
that is reasonably available, including, but not limited to,
historic use records.
(c) Describe the reliability of the water supply and vulnerability
to seasonal or climatic shortage, to the extent practicable, and
provide data for each of the following:
(1) An average water year.
(2) A single dry water year.
(3) Multiple dry water years.
For any water source that may not be available at a consistent
level of use, given specific legal, environmental, water quality, or
climatic factors, describe plans to supplement or replace that source
with alternative sources or water demand management measures, to the
extent practicable.
(d) Describe the opportunities for exchanges or transfers of water
on a short-term or long-term basis.
(e) (1) Quantify, to the extent records are available, past and
current water use, over the same five-year increments described in
subdivision (a), and projected water use, identifying the uses among
water use sectors, including, but not necessarily limited to, all of
the following uses:
(A) Single-family residential.
(B) Multifamily.
(C) Commercial.
(D) Industrial.
(E) Institutional and governmental.
(F) Landscape.
(G) Sales to other agencies.
(H) Saline water intrusion barriers, groundwater recharge, or
conjunctive use, or any combination thereof.
(I) Agricultural.
(2) The water use projections shall be in the same five-year
increments as described in subdivision (a).
(f) Provide a description of the supplier's water demand
management measures. This description shall include all of the
following:
(1) A description of each water demand management measure that is
currently being implemented, or scheduled for implementation,
including the steps necessary to implement any proposed measures,
including, but not limited to, all of the following:
(A) Water survey programs for single-family residential and
multifamily residential customers.
(B) Residential plumbing retrofit.
(C) System water audits, leak detection, and repair.
(D) Metering with commodity rates for all new connections and
retrofit of existing connections.
(E) Large landscape conservation programs and incentives.
(F) High-efficiency washing machine rebate programs.
(G) Public information programs.
(H) School education programs.
(I) Conservation programs for commercial, industrial, and
institutional accounts.
(J) Wholesale agency programs.
(K) Conservation pricing.
(L) Water conservation coordinator.
(M) Water waste prohibition.
(N) Residential ultra-low-flush toilet replacement programs.
(2) A schedule of implementation for all water demand management
measures proposed or described in the plan.
(3) A description of the methods, if any, that the supplier will
use to evaluate the effectiveness of water demand management measures
implemented or described under the plan.
(4) An estimate, if available, of existing conservation savings on
water use within the supplier's service area, and the effect of the
savings on the supplier's ability to further reduce demand.
(g) An evaluation of each water demand management measure listed
in paragraph (1) of subdivision (f) that is not currently being
implemented or scheduled for implementation. In the course of the
evaluation, first consideration shall be given to water demand
management measures, or combination of measures, that offer lower
incremental costs than expanded or additional water supplies. This
evaluation shall do all of the following:
(1) Take into account economic and noneconomic factors, including
environmental, social, health, customer impact, and technological
factors.
(2) Include a cost-benefit analysis, identifying total benefits
and total costs.
(3) Include a description of funding available to implement any
planned water supply project that would provide water at a higher
unit cost.
(4) Include a description of the water supplier's legal authority
to implement the measure and efforts to work with other relevant
agencies to ensure the implementation of the measure and to share the
cost of implementation.
(h) Include a description of all water supply projects and water
supply programs that may be undertaken by the urban water supplier to
meet the total projected water use as established pursuant to
subdivision (a) of Section 10635. The urban water supplier shall
include a detailed description of expected future projects and
programs, other than the demand management programs identified
pursuant to paragraph (1) of subdivision (f), that the urban water
supplier may implement to increase the amount of the water supply
available to the urban water supplier in average, single dry, and
multiple dry water years. The description shall identify specific
projects and include a description of the increase in water supply
that is expected to be available from each project. The description
shall include an estimate with regard to the implementation timeline
for each project or program.
(i) Urban water suppliers that are members of the California Urban
Water Conservation Council and submit annual reports to that council
in accordance with the "Memorandum of Understanding Regarding Urban
Water Conservation in California," dated September 1991, may submit
the annual reports identifying water demand management measures
currently being implemented, or scheduled for implementation, to
satisfy the requirements of subdivisions (f) and (g).
SEC. 4. Section 10656 of the Water Code is amended to read:
10656. An urban water supplier that does not prepare, adopt, and
submit its urban water management plan to the department in
accordance with this part, is ineligible to receive funding pursuant
to Division 24 (commencing with Section 78500) or Division 26
(commencing with Section 79000), or receive drought assistance from
the state until the urban water management plan is submitted pursuant
to this article.
SEC. 4.3. Section 10657 is added to the Water Code, to read:
10657. (a) The department shall take into consideration whether
the urban water supplier has submitted an updated urban water
management plan that is consistent with Section 10631, as amended by
the act that adds this section, in determining whether the urban
water supplier is eligible for funds made available pursuant to any
program administered by the department.
(b) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
SEC. 4.5. Section 10910 of the Water Code is amended to read:
10910. (a) Any city or county that determines that a project, as
defined in Section 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.
(b) The city or county, at the time that it 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 21080.1 of
the Public Resources Code, shall identify any water system that is,
or may become as a result of supplying water to the project
identified pursuant to this subdivision, 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
prepare the water assessment required by this part after consulting
with any entity serving domestic water supplies whose service area
includes the project site, the local agency formation commission, and
any public water system adjacent to the project site.
(c) (1) The city or county, at the time it makes the determination
required under Section 21080.1 of the Public Resources Code, shall
request each public water system identified pursuant to subdivision
(b) to determine whether the projected water demand associated with a
proposed project was included as part of the most recently adopted
urban water management plan adopted pursuant to Part 2.6 (commencing
with Section 10610).
(2) If the projected water demand associated with the proposed
project was accounted for in the most recently adopted urban water
management plan, the public water system may incorporate the
requested information from the urban water management plan in
preparing the elements of the assessment required to comply with
subdivisions (d), (e), (f), and (g).
(3) If the projected water demand associated with the proposed
project was not accounted for in the most recently adopted urban
water management plan, or the public water system has no urban water
management plan, the water supply assessment for the project shall
include a discussion with regard to whether the public water system's
total projected water supplies available during normal, single dry,
and multiple dry water years during a 20-year projection will meet
the projected water demand associated with the proposed project, in
addition to the public water system's existing and planned future
uses, including agricultural and manufacturing uses.
(4) If the city or county is required to comply with this part
pursuant to subdivision (b), the water supply assessment for the
project shall include a discussion with regard to whether the total
projected water supplies, determined to be available by the city or
county for the project during normal, single dry, and multiple dry
water years during a 20-year projection, will meet the projected
water demand associated with the proposed project, in addition to
existing and planned future uses, including agricultural and
manufacturing uses.
(d) (1) The assessment required by this section shall include an
identification of any existing water supply entitlements, water
rights, or water service contracts relevant to the identified water
supply for the proposed project, and a description of the quantities
of water received in prior years by the public water system, or the
city or county if either is required to comply with this part
pursuant to subdivision (b), under the existing water supply
entitlements, water rights, or water service contracts.
(2) An identification of existing water supply entitlements, water
rights, or water service contracts held by the public water system,
or the city or county if either is required to comply with this part
pursuant to subdivision (b), shall be demonstrated by providing
information related to all of the following:
(A) Written contracts or other proof of entitlement to an
identified water supply.
(B) Copies of a capital outlay program for financing the delivery
of a water supply that has been adopted by the public water system.
(C) Federal, state, and local permits for construction of
necessary infrastructure associated with delivering the water supply.
(D) Any necessary regulatory approvals that are required in order
to be able to convey or deliver the water supply.
(e) If no water has been received in prior years by the public
water system, or the city or county if either is required to comply
with this part pursuant to subdivision (b), under the existing water
supply entitlements, water rights, or water service contracts, the
public water system, or the city or county if either is required to
comply with this part pursuant to subdivision (b), shall also include
in its water supply assessment pursuant to subdivision (c), an
identification of the other public water systems or water service
contractholders 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, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), has identified as a source of water supply within
its water supply assessments.
(f) If a water supply for a proposed project includes groundwater,
the following additional information shall be included in the water
supply assessment:
(1) A review of any information contained in the urban water
management plan relevant to the identified water supply for the
proposed project.
(2) A description of any groundwater basin or basins from which
the proposed project will be supplied. For those basins for which a
court or the board has adjudicated the rights to pump groundwater, a
copy of the order or decree adopted by the court or the board and a
description of the amount of groundwater the public water system, or
the city or county if either is required to comply with this part
pursuant to subdivision (b), has the legal right to pump under the
order or decree. For basins that have not been adjudicated,
information as to whether the department has identified the basin or
basins as overdrafted or has projected that the basin will become
overdrafted if present management conditions continue, in the most
current bulletin of the department that characterizes the condition
of the groundwater basin, and a detailed description by the public
water system, or the city or county if either is required to comply
with this part pursuant to subdivision (b), of the efforts being
undertaken in the basin or basins to eliminate the long-term
overdraft condition.
(3) A detailed description and analysis of the amount and location
of groundwater pumped by the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), for the past five years from any groundwater basin
from which the proposed project will be supplied. The description
and analysis shall be based on information that is reasonably
available, including, but not limited to, historic use records.
(4) A detailed description and analysis of the amount and location
of groundwater that is projected to be pumped by the public water
system, or the city or county if either is required to comply with
this part pursuant to subdivision (b), from any basin from which the
proposed project will be supplied. The description and analysis
shall be based on information that is reasonably available,
including, but not limited to, historic use records.
(5) An analysis of the sufficiency of the groundwater from the
basin or basins from which the proposed project will be supplied to
meet the projected water demand associated with the proposed project.
A water supply assessment shall not be required to include the
information required by this paragraph if the public water system
determines, as part of the review required by paragraph (1), that the
sufficiency of groundwater necessary to meet the initial and
projected water demand associated with the project was addressed in
the description and analysis required by paragraph (4) of subdivision
(b) of Section 10631.
(g) (1) Subject to paragraph (2), the governing body of each
public water system shall submit the assessment to the city or county
not later than 90 days from the date on which the request was
received. The governing body of each public water system, or the
city or county if either is required to comply with this act pursuant
to subdivision (b), shall approve the assessment prepared pursuant
to this section at a regular or special meeting.
(2) Prior to the expiration of the 90-day period, if the public
water system intends to request an extension of time to prepare and
adopt the assessment, the public water system shall meet with the
city or county to request an extension of time, which shall not
exceed 30 days, to prepare and adopt the assessment.
(3) If the public water system fails to request an extension of
time, or fails to submit the assessment notwithstanding the extension
of time granted pursuant to paragraph (2), the city or county may
seek a writ of mandamus to compel the governing body of the public
water system to comply with the requirements of this part relating to
the submission of the water supply assessment.
(h) Notwithstanding any other provision of this part, if a project
has been the subject of a water supply assessment that complies with
the requirements of this part, no additional water supply assessment
shall be required for subsequent projects that were part of a larger
project for which a water supply assessment was completed and that
has complied with the requirements of this part and for which the
public water system, or the city or county if either is required to
comply with this part pursuant to subdivision (b), has concluded that
its water supplies are sufficient to meet the projected water demand
associated with the proposed project, in addition to the existing
and planned future uses, including, but not limited to, agricultural
and industrial uses, unless one or more of the following changes
occurs:
(1) Changes in the project that result in a substantial increase
in water demand for the project.
(2) Changes in the circumstances or conditions substantially
affecting the ability of the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), to provide a sufficient supply of water for the
project.
(3) Significant new information becomes available which was not
known and could not have been known at the time when the assessment
was prepared.
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. If the city or county, if either is required
to comply with this part pursuant to subdivision (b), concludes as a
result of its assessment, that water supplies are, or will be,
insufficient, the city or county shall include in its water supply
assessment 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,
or the city or county if either is required to comply with this part
pursuant to subdivision (b), expects to be able to acquire additional
water supplies.
(b) The city or county shall include the water supply assessment
provided pursuant to Section 10910, and any information provided
pursuant to subdivision (a), in any environmental document prepared
for the project pursuant to Division 13 (commencing with Section
21000) of the Public Resources Code.
(c) The city or county may include in any environmental document
an evaluation of any information included in that environmental
document provided pursuant to subdivision (b). The city or county
shall determine, based on the entire record, whether projected water
supplies will be sufficient to satisfy the demands of the project, in
addition to existing and planned future uses. If the city or county
determines that water supplies will not be sufficient, the city or
county shall include that determination in its findings for the
project.
SEC. 6. Section 10912 of the Water Code is amended to read:
10912. For the purposes of this part, 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 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:
(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.
(2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with the
system.
(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.
SEC. 8. Section 10915 of the Water Code is amended to read:
10915. 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 directs the establishment of a regional planning
and growth management review board.
(b) The County of San Diego and the cities in the county, by
agreement, designate the San Diego Association of Governments as that
review board.
(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.
(d) The regional growth management strategy includes a water
element to coordinate planning for water that is consistent with the
requirements of this part.
(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.
(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 project is consistent with that element, comply
with the requirements of this part.
(g) The environmental documents for a project located in the
County of San Diego include information that accomplishes the same
purposes as a water supply assessment that is prepared pursuant to
Section 10910.
SEC. 9. Section 3.5 of this bill incorporates amendments to
Section 10631 of the Water Code proposed by both this bill and AB
901. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2002, (2) each bill
amends Section 10631 of the Water Code, and (3) this bill is enacted
after AB 901, in which case Section 3 of this bill shall not become
operative.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.