BILL NUMBER: AB 2046 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2008
INTRODUCED BY Assembly Member Jones
FEBRUARY 19, 2008
An act to amend Section Sections 10631 and
10910 of the Water Code, relating to water supply.
LEGISLATIVE COUNSEL'S DIGEST
AB 2046, as amended, Jones. Water supply assessments: groundwater.
(1) Existing law requires a city or county that determines a
project, as defined, 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. If no public water system is
identified, the city or county is required to prepare the water
supply assessment. Existing law requires, if a water supply for a
proposed project includes groundwater, that certain additional
information be included in the water supply assessment, including a
detailed description and analysis of the amount and location of
groundwater that is projected to be pumped and 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.
This bill would require the water supply assessment to
exclude from include only the amount of
groundwater projected to be pumped and the groundwater included in
the sufficiency analysis any source of groundwater
that has not been determined by the State
Department of Public Health or a local health officer to
have meet standards applicable for the proposed use or
that has been treated to the treatment standard applicable to
the proposed use. By imposing new duties on cities and counties and
local health officers with respect to that determination, this bill
would impose a state-mandated local program.
(2) The Urban Water Management Planning Act requires urban water
suppliers to prepare and adopt urban water management plans for
submission to the Department of Water Resources. The act requires
that if groundwater is identified as an existing or planned source of
water available to the urban water supplier, that certain
information be included in the plan.
This bill would provide that if groundwater is identified as an
existing or planned source of water available to the urban water
supplier, the plan would only be permitted to include the amount of
groundwater that has been determined by the State Department of
Public Health or a local health officer to meet standards applicable
for the proposed use or that has been treated to the treatment
standard applicable to the proposed use. By imposing new duties on
cities and counties that are urban water suppliers, this bill would
impose a state-mandated local program.
(2)
(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.
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. 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 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) If groundwater is identified as an existing or planned source
of water available to the supplier pursuant to subdivision (b), the
plan shall only include the amount of groundwater that has been
determined by the State Department of Public Health or a local health
officer as meeting standards applicable for the proposed use or that
has been treated to the treatment standard applicable to the
proposed use.
(c)
(d) (1) 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:
(A) An average water year.
(B) A single dry water year.
(C) Multiple dry water years.
(2) 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)
(e) Describe the opportunities for exchanges or
transfers of water on a short-term or long-term basis.
(e)
(f) (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 described in subdivision (a).
(f)
(g) 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)
(h) An evaluation of each water demand management
measure listed in paragraph (1) of subdivision (f)
(g) 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)
(i) 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)
(g) , 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)
(j) Describe the opportunities for development of
desalinated water, including, but not limited to, ocean water,
brackish water, and groundwater, as a long-term supply.
(j)
(k) 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) and (h) .
(k)
(l) Urban water suppliers that rely upon a wholesale
agency for a source of water shall provide the wholesale agency with
water use projections from that agency for that source of water in
five-year increments to 20 years or as far as data is available. The
wholesale agency shall provide information to the urban water
supplier for inclusion in the urban water supplier's plan that
identifies and quantifies, to the extent practicable, the existing
and planned sources of water as required by subdivision (b),
available from the wholesale agency to the urban water supplier over
the same five-year increments, and during various water-year types in
accordance with subdivision (c). An urban water supplier may rely
upon water supply information provided by the wholesale agency in
fulfilling the plan informational requirements of subdivisions (b)
and (c).
SECTION 1. SEC. 2. 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 supply 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) The water supply assessment required by this section shall
exclude from only include the amount of
groundwater projected to be pumped as described in paragraph (4) of
subdivision (f), and the groundwater included in the sufficiency
analysis described in paragraph (5) of subdivision (f), any
source of groundwater that has not that has been
determined by the State Department of Public Health or a local
health officer to have as meeting standards
applicable for the proposed use or to been treated to the
treatment standard applicable to the proposed use.
(h) (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.
(i) 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 that was not
known and could not have been known at the time when the assessment
was prepared.
SEC. 2. SEC. 3. 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.