BILL NUMBER: AB 1420 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 1, 2007
AMENDED IN SENATE JULY 17, 2007
AMENDED IN SENATE JULY 3, 2007
AMENDED IN SENATE JUNE 19, 2007
AMENDED IN ASSEMBLY APRIL 18, 2007
INTRODUCED BY Assembly Member Laird
FEBRUARY 23, 2007
An act to amend Sections 10631.5 and 10644 of, and to add Section
10631.7 to, the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 1420, as amended, Laird. Water demand management measures:
water management grant or loan funds.
Existing
(1) Existing law requires an
urban water supplier to prepare and adopt an urban water management
plan that includes a description of the supplier's water demand
management measures that are currently being implemented or scheduled
for implementation. Existing law requires the Department of Water
Resources to take into consideration whether the urban water supplier
is implementing or has scheduled for implementation the water demand
management activities that the supplier identified in its urban
water management plan in evaluating applications for grants and loans
financed by specified bond funds.
This bill would delete that provision relating to the evaluation
of grant or loan applications financed by those specified bond funds.
The bill, instead, would require the terms of, and eligibility for,
any water management grant or loan made to an urban water supplier
and awarded or administered by the department, the State Water
Resources Control Board, or the California Bay-Delta Authority, with
certain exceptions, to be conditioned on the implementation of the
water demand management measures described in the urban water
management plan, as determined by the department.
The department would be required to convene an independent panel
to provide recommendations to the Legislature relating to the
adoption, implementation, and reporting of water demand management
measures by urban water suppliers. The department would be required
to identify in a specified report submitted to the Legislature water
demand management measures that achieve a prescribed standard of
excellence in water conservation.
(2) This bill would incorporate additional changes to Section
10644 of the Water Code proposed by SB 862, to be operative only if
this bill and SB 862 are enacted and become effective on or before
January 1, 2008, each bill amends Section 10644 of the Water Code,
and this bill is enacted last.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Increased urban water conservation has the potential to result
in significant annual water savings statewide, and therefore can
play a fundamental role in promoting sustainable and reliable water
supplies statewide.
(b) The California Water Plan as updated in 2005 supports water
use efficiency as a foundational action to ensure sustainable water
uses.
SEC. 2. Section 10631.5 of the Water Code is amended to read:
10631.5. (a) (1) Beginning January 1, 2009, the terms of, and
eligibility for, a water management grant or loan made to an urban
water supplier and awarded or administered by the department, state
board, or California Bay-Delta Authority shall be conditioned on the
implementation of the water demand management measures described in
subdivision (f) of Section 10631, as determined by the department
pursuant to subdivision (b) .
(2) For the purposes of this section, water management grants and
loans include funding for programs and projects for surface
water or groundwater storage, recycling, desalination, water
conservation, water supply reliability, and water supply
augmentation. This funding includes, but is not limited to, funds
made available pursuant to Section 75026 of the Public Resources
Code.
(3) Notwithstanding paragraph (1), the department shall determine
that an urban water supplier is eligible for a water management grant
or loan even though the supplier is not implementing all of the
water demand management measures described in subdivision (f) of
Section 10631, if the urban water supplier has submitted to the
department for approval a schedule, financing plan, and budget, to be
included in the grant or loan agreement, for implementation of the
water demand management measures. The supplier may request grant or
loan funds to implement the water demand management measures to the
extent the request is consistent with the eligibility requirements
applicable to the water management funds.
(4) (A) Notwithstanding paragraph (1), the department shall
determine that an urban water supplier is eligible for a water
management grant or loan even though the supplier is not implementing
all of the water demand management measures described in subdivision
(f) of Section 10631, if an urban water supplier submits to the
department for approval documentation demonstrating that a water
demand management measure is not locally cost effective.
(B) For purposes of this paragraph, "not locally cost effective"
means that the monetary benefits to the supplier of
implementing a water demand management measure are less than the
costs of implementing that measure. present value of
the local benefits of implementing a water demand management measure
is less than the present value of the local costs of implementing
that measure.
(b) (1) The department, in consultation with the state board and
the California Bay-Delta Authority, and after soliciting broad public
input, shall develop eligibility requirements to implement the
requirement of paragraph (1) of subdivision (a). In establishing
these eligibility requirements, the department shall do both of the
following:
(A) Consider the conservation measures described in the Memorandum
of Understanding Regarding Urban Water Conservation in California,
and alternative conservation approaches that provide equal or greater
water savings.
(B) Recognize the different legal, technical, fiscal, and
practical roles and responsibilities of wholesale water suppliers and
retail water suppliers.
(5)
(2) (A) For the purposes of this section, the
department shall determine whether an urban water supplier is
implementing all of the water demand management measures described in
subdivision (f) of Section 10631 based on either , or a
combination, of the following:
(i) Compliance on an individual basis.
(ii) Compliance on a regional basis. Regional compliance shall
require participation in a regional conservation program administered
by an agency certifying that the program achieves the level of
conservation water efficiency savings equivalent to the amount of
conservation or savings achieved if each of the participating urban
water suppliers implemented the water demand management measures. The
agency administering the regional program shall provide
participating urban water suppliers and the department with
certifications and data to demonstrate that the regional program is
consistent with this clause.
(B) The department may require additional information for any
determination pursuant to paragraph (3) or (4) of subdivision
(a) .
(6)
(3) The department shall not deny eligibility to an
urban water supplier in compliance with the requirements of this
section that is participating in a multiagency water project,
or an integrated regional water management plan, developed pursuant
to Section 75026 of the Public Resources Code, solely on the basis
that one or more of the agencies participating in the project or plan
is not implementing all of the water demand management measures
described in subdivision (f) of Section 10631.
(b)
(c) In establishing guidelines pursuant to the specific
funding authorization for any water management grant or loan program
subject to this section, the administering agency
agency administering the grant or loan program shall do
the following:
(1) Consider the conservation measures described in the Memorandum
of Understanding Regarding Urban Water Conservation in California as
well as alternative conservation approaches that provide equal or
greater water savings.
(1) Include in the guidelines the eligibility requirements
developed by the department pursuant to subdivision (b).
(2) Provide that if the department determines that the
documentation submitted pursuant to paragraph (4) of subdivision (a)
fails to demonstrate that a water demand management measure is not
locally cost effective, the administering agency shall do both of the
following:
(A) Notify the urban water supplier within 120 days that the
documentation does not satisfy the requirements for an exemption.
(B) Include a detailed statement prepared by the department to
support the determination described in subparagraph (A).
(c)
(d) The urban water supplier may submit to the
department copies of its annual reports and other relevant documents
to assist the department in determining whether the urban water
supplier is implementing or scheduling the implementation of water
demand management activities. In addition, for urban water suppliers
that are signatories to the Memorandum of Understanding Regarding
Urban Water Conservation in California and submit biennial reports to
the California Urban Water Conservation Council in accordance with
the memorandum, the department may use these reports to assist in
tracking the implementation of water demand management measures.
SEC. 3. Section 10631.7 is added to the Water Code, to read:
10631.7. The department shall convene an independent technical
panel to provide recommendations to the Legislature on potential
amendments to subdivision (f) of Section 10631 to reflect new
conservation measures, technologies, and approaches. The panel shall
consist of no more than seven members and shall be convened
no later than January 1, 2009. The department shall select the panel
members to reflect a balanced representation of experts. The panel
shall include, but is not limited to, representation from retail
water systems, environmental organizations, the business community,
and academia. , who shall be selected by the
department to reflect a balanced representation of
experts. The panel shall have at least one, but no more than two,
representatives from each of the following: retail water suppliers,
environmental organizations, the business commun ity,
wholesale water suppliers, and academia. The panel shall be convened
by January 1, 2009, and shall report to the Legislature no later than
January 1, 2010, and every five years thereafter.
SEC. 4. Section 10644 of the Water Code is amended to read:
10644. (a) An urban water supplier shall submit to the
department, the California State Library, and any city or county
within which the supplier provides water supplies a copy of its plan
no later than 30 days after adoption. Copies of amendments or changes
to the plans shall be submitted to the department, the California
State Library, and any city or county within which the supplier
provides water supplies within 30 days after adoption.
(b) The department shall prepare and submit to the Legislature, on
or before December 31, in the years ending in six and one, a report
summarizing the status of the plans adopted pursuant to this part.
The report prepared by the department shall identify the
outstanding exemplary elements of the individual
plans. The department shall provide a copy of the report to each
urban water supplier that has submitted its plan to the department.
The department shall also prepare reports and provide data for any
legislative hearings designed to consider the effectiveness of plans
submitted pursuant to this part.
(c) (1) For the purpose of identifying the outstanding
exemplary elements of the individual plans, the
department shall identify in the report those water demand management
measures adopted and implemented by specific urban water suppliers,
and identified pursuant to subdivision (f) of Section 10631, that
achieve a standard of excellence in water conservation that result in
water savings significantly above the compliance levels established
in the Memorandum of Understanding Regarding Urban Water Conservation
in California. The department shall prominently highlight those
specific urban water suppliers and water demand management measures
in the report.
(2) The department shall include in the report recommendations
regarding proposed changes to this part based on the results achieved
by the implementation of those water demand management measures
described in paragraph (1).
(3) The department shall make available to the public a definition
of what constitutes a standard of excellence in water conservation
that results in water savings significantly above the compliance
levels established in the Memorandum of Understanding Regarding Urban
Water Conservation in California.
SEC. 5. Section 10644 of the Water Code
is amended to read:
10644. (a) An urban water supplier shall submit to the
department, the California State Library, and any city or county
within which the supplier provides water supplies
entities listed in subdivision (b) a copy of its plan no later
than 30 days after adoption. Copies of amendments or changes to the
plans shall be submitted to the department, the California
State Library, and any city or county within which the supplier
provides water supplies entities listed in subdivision
(b) within 30 days after adoption.
(b) An urban water supplier shall file a copy of its plan and
amendments or changes with each of the following entities:
(1) The department.
(2) Any city or county within which the urban water supplier
provides water supplies.
(3) Any groundwater management entity within which the urban water
supplier extracts or provides water supplies.
(4) Any agricultural water supplier within which district the
urban water supplier provides water supplies.
(5) Any city or county library within which district the urban
water supplier provides water supplies.
(6) The California State Library.
(7) Any local agency formation commission within which county the
urban water supplier provides water supplies.
(b)
(c) The department shall prepare and submit
to the Legislature, on or before December 31, in the years ending in
six and or one, a report summarizing
the status of the plans adopted pursuant to this part. The report
prepared by the department shall identify the outstanding
exemplary elements of the individual plans. The
department shall provide a copy of the report to each urban water
supplier that has submitted its plan to the department. The
department shall also prepare reports and provide data for any
legislative hearings designed to consider the effectiveness of plans
submitted pursuant to this part.
(d) (1) For the purpose of identifying the exemplary elements of
the individual plans, the department shall identify in the report
those water demand management measures adopted and implemented by
specific urban water suppliers, and identified pursuant to
subdivision (f) of Section 10631, that achieve a standard of
excellence in water conservation that result in water savings
significantly above the compliance levels established in the
Memorandum of Understanding Regarding Urban Water Conservation in
California. The department shall prominently highlight those specific
urban water suppliers and water demand management measures in the
report.
(2) The department shall include in the report recommendations
regarding proposed changes to this part based on the results achieved
by the implementation of those water demand management measures
described in paragraph (1).
(3) The department shall make available to the public a definition
of what constitutes a standard of excellence in water conservation
that results in water savings significantly above the compliance
levels established in the Memorandum of Understanding Regarding Urban
Water Conservation in California.
SEC. 6. Section 5 of this bill incorporates
amendments to Section 10644 of the Water Code proposed by both this
bill and SB 862. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2008, (2) each
bill amends Section 10644 of the Water Code, and (3) this bill is
enacted after SB 862, in which case Section 4 of this bill shall not
become operative.