BILL ANALYSIS
SB 409
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Date of Hearing: June 28, 2005
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Lois Wolk, Chair
SB 409 (Kehoe) - As Amended: May 11, 2005
SENATE VOTE : 22-14
SUBJECT : General Plans: correlation of land and water
SUMMARY : Requires that water supply portion of a general
plan's conservation element be "correlated" with the land-use
element. Specifically, this bill :
1)Requires that the water resources portion of a general plan's
conservation element be correlated with the land use element.
2)Requires counties and cities to correlate the water supply
portion of their conservation elements with their land use
elements by one year after the deadline for revising their
housing elements after 2007.
3)Allows cities and counties to adopt written findings declaring
that their general plans already comply with this requirement.
EXISTING LAW
1)Requires every county and city to adopt a general plan that
contains seven mandatory elements: land use, circulation,
housing, conservation, open space, noise, and safety.
2)Requires the land use element to designate public and private
land use categories, including land for housing, business,
industry, open space, education, and public buildings, and
include standards for population density and building
intensity.
3)Requires the conservation element to address conserving,
developing, and using natural resources, including water.
4)Requires a city or county to use a water agency's water
management plan as a source document for the adoption or
amendment of the conservation element of a general plan.
5)Requires public water systems to provide information on water
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supply to city or county planning agencies upon notification
of proposed adoption or amendment of a general plan.
6)Requires a city or county to deny approval of a tentative or
parcel map for any subdivision of more than 500 residential
units if the developer cannot provide written verification
that an adequate water supply is or will be available.
7)Requires a city or county to make a water supply assessment
for any project that is subject to CEQA, and requires cities
and counties to identify the water system that is or may
become the water supplier for the project.
FISCAL EFFECT : The Senate Committee on Appropriations
determined that any additional state costs created by SB 409 are
not significant and do not and will not require the
appropriation of additional state funds, and that SB 409 will
cause no significant reduction in revenues, pursuant to Senate
Rule 28.8.
COMMENTS : In the last decade, California has enhanced the
relationship between new development and available water
supplies by requiring water agencies and local planning agencies
(i.e. cities and counties) to identify the water supply
available for such developments before approval. [Chap. 881,
Stat 1995; Chaps 642-43, Stat. 2001] During this period, state
and local agencies have litigated this issue. The courts have
invalidated environmental impact reports that fail to adequately
identify real water supply sources, and provided guidance as to
how to ensure an adequate connection between new development and
water supplies.
SB 409 proposes to take this water supply and land-use analysis
back one step - to the general plan, before there is a specific
proposal for new development. By requiring "correlation"
between the land-use and the water supply portion of the
conservation element in general plans, the bill would take the
incremental step of ensuring that both parts of a general plan -
which may be developed by separate consultants - relate to each
other. This "correlation" allows cities and counties to look
ahead into the future and plan how to ensure sufficient water
supplies for the development that California continues to
experience.
The Attorney General (the bill's sponsor) provided court
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decisions to explain the bill's use of the word "correlate."
The courts have found that 1) correlation must be demonstrated;
it is not to be assumed (Twain Harte Homeowners Association v.
Tuolumne County (1982) 138 Cal.App.3d 664); 2) correlation
means, as defined by Webster, "closely, systematically, or
reciprocally related?," so only a general alignment between
general plan elements is required since these plans are general
in nature (Concerned Citizens of Calaveras County v. Board of
Supervisors (1985) 166 Cal.App.3d 90); and 3) correlation means
that the circulation element must include "meaningful proposals"
to address growth changes in the land use element and vice versa
(Federation of Hillside & Canyon Associations et al v. City of
Los Angeles (2004) 126 Cal.App.4th 1180). Based on these
precedents and definitions, SB 409 would require a general
alignment between water supply and land use growth, including
meaningful proposals to meet future water needs, where
appropriate, but would not require that every drop of water ever
to be needed in the future must be identified in the
conservation element.
The bill's opponents object that this new requirement would
unnecessarily increase complexity, costs, delays and litigation
related to general plans. They assert the voluntary
consideration of urban water management plans in general plan
development is sufficient. Opponents do not appear to object to
the concept of good planning for both land-use and water supply.
REGISTERED SUPPORT / OPPOSITION :
Support
Attorney General Bill Lockyer [SPONSOR]
American Federation of State, County, and Municipal Employees
American Farmland Trust
American Planning Association - California Chapter
CA Farm Bureau Federation
CA League of Conservation Voters
Clean Water Action
East Bay Municipal Utility District
Natural Resources Defense Council
Planning & Conservation League
San Diego County Water Authority
Sierra Club
Opposition
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CA Association of Realtors
CA Building Industry Association
CA Business Properties Association
CA Business Roundtable
CA Chamber of Commerce
CA Manufacturers and Technologies Association
Chamber of Commerce of West Covina
Consulting Engineers and Land Surveyors of CA
Greater Fresno Area Chamber of Commerce
Home Ownership Advancement Foundation
Milpitas Chamber of Commerce
Newport Beach Chamber of Commerce
Pardee Homes
Regional Legislative Alliance of Ventura and Santa Barbara
Counties
Resource Landowners Coalition
Sacramento Metropolitan Chamber of Commerce
San Rafael Chamber of Commerce
Analysis Prepared by : Alf W. Brandt / W., P. & W. / (916)
319-2096