BILL NUMBER: AB 2175 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Laird and Feuer
FEBRUARY 20, 2008
An act to add Part 2.55 (commencing with Section 10608) to
Division 6 of the Water Code, relating to water conservation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2175, as introduced, Laird. Water conservation.
Existing law requires the Department of Water Resources to convene
an independent technical panel to provide information to the
department and the Legislature on new demand management measures,
technologies, and approaches. "Demand management measures" means
those water conservation measures, programs, and incentives that
prevent the waste of water and promote the reasonable and efficient
use and reuse of available supplies.
This bill would require the department to establish a numeric
water conservation target for the state, initially for 2030, that
provides for the maximum feasible and cost-effective increase in
water conservation. The department would be required, on or before
December 31, 2012, and not less than every 5 years thereafter, to
review and increase that water conservation target based on specified
information. The department would be required to establish interim
urban and agricultural water conservation targets for each hydrologic
region of the state.
The department would be required to establish and make available
to the public, on or before December 31, 2010, and every 5 years
thereafter, a list of technically feasible urban water conservation
measures. Urban water suppliers would be required to adopt those
water conservation measures that are locally cost effective or to
implement alternative measures that achieve equal or greater water
savings.
The department would be required to establish and make available
to the public, on or before December 31, 2012, and every 5 years
thereafter, a list of efficient agricultural water management
practices. Agricultural water suppliers would be required to adopt
those water management practices that are technically feasible and
cost effective for the local area or to implement alternative
measures that achieve equal or greater water savings.
The bill would authorize the department to require additional
water conservation measures or water management practices under
certain circumstances. The bill would make related legislative
findings and declarations and a statement of legislative intent.
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. Part 2.55 (commencing with Section 10608) is added to
Division 6 of the Water Code, to read:
PART 2.55. WATER CONSERVATION
CHAPTER 1. GENERAL DECLARATIONS AND POLICY
10608. The Legislature finds and declares all of the following:
(a) Water is a public trust resource in California that should be
protected against waste and unreasonable use.
(b) Growing population, climate change, and the need to protect
California's fish and wildlife make it essential that the state
manage its water resources as efficiently as possible.
(c) Reduced water use through conservation provides significant
energy and environmental benefits, can help protect water quality,
and reduces greenhouse gas emissions.
(d) Improvements in technology and management practices offer the
potential for increasing water conservation in California over time,
providing an essential water management tool to meet the need for
water for urban, agricultural, and environmental uses.
(e) The California Water Plan projects that urban water
conservation can reduce water demand by between 2 and 3 million
acre-feet of water per year by the year 2030 through feasible and
cost-effective measures. The plan also projects that agricultural
water conservation has the potential to provide up to 1 million
acre-feet of water per year by 2030 in additional water savings.
10608.1. It is the intent of the Legislature, by the enactment of
this part, to require all water suppliers to identify, adopt, and
implement the maximum feasible and cost-effective water conservation
measures to avoid waste and unreasonable use of this essential
resource.
CHAPTER 2. DEFINITIONS
10608.2. The following definitions apply to this part:
(a) "Locally cost effective" means that the present value of the
local benefits of implementing a water conservation measure are
greater than or equal to the present value of the local costs of
implementing that measure.
(b) "Water conservation" means those measures, programs, and
incentives that result in reduced demand, prevent the waste of water,
and promote the efficient use of available supplies.
(c) Except as otherwise indicated, "water supplier" includes both
of the following:
(1) An urban water supplier, as defined in Section 106l7.
(2) An agricultural water supplier, as defined in subdivision (b)
of Section 531.
CHAPTER 3. WATER CONSERVATION TARGETS
10608.4. (a) The department shall establish a numeric water
conservation target for California that provides for the maximum
feasible and cost-effective increase in water conservation. The
initial target shall be for the year 2030 and shall be not less than
a 3 million acre-feet of water reduction from current projected
demand in the absence of additional urban water conservation measures
and agricultural water management practices.
(b) On or before December 31, 2012, and not less than every five
years thereafter, the department shall review and may increase the
water conservation target, based on consideration of all relevant
information, including, but not limited to, estimates of maximum
feasible and locally cost-effective water conservation potential
determined pursuant to Sections 10608.8 and 10608.10.
10608.6. On or before December 31, 2012, the department shall
establish interim urban and agricultural water conservation targets
for the years 2015, 2020, and 2025, and every five years thereafter,
based on the information identified pursuant to Section 10608.4, for
each hydrologic region of the state, that reflect the unique
conditions of each region and include consideration of relative per
capita water consumption, agricultural economics, and conservation
and water use efficiency measures adopted prior to the establishment
of state and regional water conservation targets. The regional
targets shall be designed to cumulatively achieve the statewide water
conservation target established and updated pursuant to Section
10608.4.
10608.8. (a) On or before December 31, 2010, and every five years
thereafter, the department shall establish and make available to the
public a list of technically feasible urban water conservation
measures available to meet the urban water conservation targets
established pursuant to Sections 10608.4 and 10608.6. In developing
the list, the department shall consider all relevant information,
including, but not limited to, information provided by the
independent technical panel established pursuant to Section 10631.7.
(b) On or before December 31, 2012, and every five years
thereafter, an urban water supplier shall either adopt those water
conservation measures identified in subdivision (a) that are locally
cost effective, or implement alternative measures that achieve equal
or greater water savings. An urban water supplier shall adopt a
numeric water conservation target, based on the proposed water
conservation measures, for 2012 and every five years thereafter. An
urban water supplier shall submit documentation indicating that a
water conservation measure is not locally cost effective, as
applicable.
(c) On or before December 31, 2014, and every two years
thereafter, an urban water supplier shall submit a report to the
department, confirmed by independent evaluation, that identifies the
basis for its adopted water conservation target and its progress in
reaching the target.
(d) Based on its review of the report submitted pursuant to
subdivision (c) and the related independent evaluation, the
department may require additional water conservation measures if the
department determines the proposed target is not consistent with
subdivision (a) or there is insufficient progress in meeting the
target.
10608.10. (a) On or before December 31, 2012, and every five
years thereafter, the department shall establish and make available
to the public a list of efficient agricultural water management
practices available to meet the agricultural water conservation
targets established pursuant to Sections 10608.4 and 10608.6.
(b) On or before December 31, 2015, and every five years
thereafter, an agricultural water supplier shall either adopt those
water management practices established pursuant to subdivision (a)
that are both technically feasible and cost effective for the local
area, or implement alternative measures that achieve equal or greater
water savings. An agricultural water supplier shall adopt a numeric
water conservation target, based on the proposed water management
practices, for 2015 and every five years thereafter. An agricultural
water supplier shall submit documentation indicating that a water
management practice is not locally feasible or not locally cost
effective, as applicable.
(c) On or before December 31, 2015, and every five years
thereafter, an agricultural water supplier shall submit a report to
the department, confirmed by independent evaluation, that identifies
the basis of its adopted water conservation target and its progress
in reaching the target.
(d) Based on its review of the report submitted pursuant to
subdivision (c) and the related independent evaluation, the
department may require additional water management practices if the
department determines the proposed target is not consistent with
subdivision (a) or there is insufficient progress in meeting the
target.
10608.12. To the extent that the aggregate of the water
conservation targets established pursuant to Sections 10608.8 and
10608.10 does not meet the state targets identified in Sections
10608.4 and 10608.6, the department shall propose and adopt a plan of
action to meet the state targets. This plan shall specify the
increased levels of water conservation that need to be implemented at
the state and local level, in addition to the locally cost-effective
water conservation measures or water management practices proposed
pursuant to Section 10608.8 or 10608.10.
10608.14. Water suppliers may comply with Sections 10608.8 and
10608.10 individually or regionally and the requirements may be met
through the submission of an urban water management plan or
agricultural water management plan that is consistent with this part.
10608.16. (a) The department shall develop methodologies and
guidelines as necessary to implement this part.
(b) All state water conservation targets, methodologies, and
guidelines, and lists of feasible water conservation measures or
water management practices established pursuant to this part, shall
be established only after the department, or at the department's
request, the California Water Commission, conducts a series of public
hearings and workshops to allow participation of the diverse
geographical areas and interest of the state.
10608.18. (a) The Legislature hereby finds and declares that the
development, adoption, and implementation of water conservation
targets as provided in this part is an issue of statewide
significance that is critical to the effective implementation of
integrated regional water management in California.
(b) It is the intent of the Legislature that funds made available
by Section 75026 of the Public Resources Code should be expended,
consistent with Division 43 (commencing with Section 75001) of the
Public Resources Code and upon appropriation by the Legislature, for
grants and direct expenditures to implement this part.