BILL NUMBER: AB 2175 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2008
AMENDED IN SENATE JUNE 17, 2008
AMENDED IN ASSEMBLY MAY 23, 2008
AMENDED IN ASSEMBLY APRIL 8, 2008
INTRODUCED BY Assembly Members Laird and Feuer
(Coauthors: Assembly Members Huffman, Krekorian, Ruskin, and Wolk)
FEBRUARY 20, 2008
An act to amend Section 10631.5 of, and 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 amended, Laird. Water conservation.
(1) 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 state to achieve a 20% reduction in
urban per capita water use in California by December 31, 2020. The
bill would require the state to reduce per capita use by at least 5%
on or before December 31, 2012, and by 10% on or before December 31,
2015. By December 31, 2020, each urban retail water
supplier would be required to reduce its per capita water
use by 20%, except as provided. achieve a minimum
reduction from the base daily per capita water use, as specified. The
bill would also require each urban water supplier to achieve at
least 25% of the targeted per capita reduction on or before December
31, 2012, and 50% on or before December 31, 2015.
The bill would require the department, by December 31, 2009, to
establish a statewide numeric water conservation target for
agricultural water use that provides for a significant increase in
the efficiency of agricultural water use in California. By December
31, 2012, each agricultural water supplier would be required to adopt
numeric water conservation targets to be achieved by December 31,
2015, and December 31, 2020.
The bill would require the department to propose, adopt,
and submit to the Legislature a plan of action to meet the
state targets described above under certain circumstances. By April
30, 2009, the department would be required to prepare a preliminary
conservation report relating to water use reduction and conservation
savings. By December 31, 2010, the department would be required to
develop a methodology to estimate the numeric value of agricultural
water use efficiency. The bill would make related legislative
findings and declarations and statements of legislative intent.
(2) Existing law makes 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 or its successor agency conditioned on the
implementation of specified water demand management measures.
This bill would make this provision only apply until December 31,
2012, and beginning January 1, 2013, would instead condition these
grants or loans made to urban or agricultural water suppliers on the
implementation of the requirements of paragraph (1), above.
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 resource that the California
Constitution protects 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) In 2000, total water use in California was approximately 83
million acre-feet per year, based on an average water year. This
total water use consists of urban water use in the amount of 9
million acre-feet, agricultural water use in the amount of 34 million
acre-feet, and environmental water use in the amount of 40 million
acre-feet.
(d) Reduced water use through conservation provides significant
energy and environmental benefits, can help protect water quality,
and reduces greenhouse gas emissions.
(e) 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.
(f) The California Water Plan, updated in 2005, includes planning
scenarios that indicate that by 2030 urban water conservation can
reduce water demand by up to 3.1 million acre-feet per year and
agricultural water conservation can reduce net water use by up to
800,000 acre-feet of water per year.
(g) The Governor has called for a 20 percent per capita reduction
in urban water use statewide by 2020.
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 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) "Base daily per capita water use" means a daily per capita
water use during a representative year or an average of multiple
years from 2000 2004 to 2008,
inclusive, to reflect current normal water use.
(b) "California standard" means a specified level of daily per
capita water use for urban retail water suppliers, based on the
Department of Water Resources' most current map of Reference
EvapoTranspiration, and shall be:
(1) One hundred fifty gallons per capita daily (gpcd) water use if
the majority of the district residents are in Zones 1 to 5,
inclusive.
(2) One hundred sixty gpcd water use if the majority of the
district residents are in Zones 6 to 10, inclusive.
(3) One hundred seventy gpcd water use if the majority of the
district residents are in Zones 11 or greater.
(c) (1) "Daily per capita water use" means the gross water use in
a calendar year divided by the average number of residents during
that year divided by 365 days per year.
(2) For purposes of paragraph (1), the average number of residents
during that year shall be determined using federal, state, and
regional population reports supplemented with local information and
trend-based extrapolations.
(d) "Gross water use" means the sum of all metered and unmetered
water deliveries by an urban retail water supplier during a calendar
year, excluding agricultural water deliveries and recycled water.
(e) "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.
(f) "Water conservation" means the efficient management of water
resources for beneficial uses, preventing waste, or accomplishing
additional benefits with the same amount of water.
(g) Except as otherwise indicated, "water supplier" includes both
of the following:
(1) An urban water supplier, as defined in Section 106l7,
excluding suppliers that provide water exclusively on a wholesale
basis.
(2) An agricultural water supplier, either publicly or privately
owned, supplying 2,000 acre-feet or more of water annually for
agricultural purposes or serving 2,000 or more acres of agricultural
land. An agricultural water supplier includes a supplier or
contractor for water, regardless of the basis of right, which
distributes or sells water for ultimate resale to customers.
(h) "Recycled water use" means any beneficial use of recycled
water which helps meet a retail urban water supplier's gross water
use, including groundwater recharge and injection.
(i) "Targeted percent reduction" means the percent reduction in
daily per capita water use required, pursuant to Section 10608.6, for
an urban water supplier.
CHAPTER 3. URBAN WATER CONSERVATION TARGETS
10608.4. (a) The state shall achieve a 20-percent reduction in
urban per capita water use in California on or before December 31,
2020.
(b) The state shall make incremental progress towards the state
target specified in subdivision (a) by reducing per capita water use
by at least 5 percent on or before December 31, 2012, and by 10
percent on or before December 31, 2015.
(c) If the state target described in subdivision (a) or the
interim targets described in subdivision (b) are not met, the
department shall propose, adopt, and submit to the
Legislature a plan of action to meet the statewide target. The plan
shall specify the increased levels of water conservation, including
measures, programs, and policies to be implemented at the state and
local levels. The plans shall be submitted on or before December 31,
2013, December 31, 2016, and December 31, 2021.
(d) Based on its review of the information submitted pursuant to
Section 10608.6, the department may require urban water suppliers to
adopt specific water conservation measures if the reductions required
by Section 10608.6 are not achieved.
10608.6. (a) An urban retail water supplier may reduce the
percent reduction required in subdivision (d) by 5 percent if, by
January 1, 2009, the urban retail water supplier has implemented the
water demand management measures described in Section 10631. The
department shall develop criteria, with public input,
10608.6. (a) (1) On or before December 31, 2020,
all urban retail water suppliers shall achieve a minimum reduction
from the base daily per capita water use as follows:
(A) If an urban retail water supplier's base daily per capita
water use is less than or equal to 110 gallons per capita per day,
the urban retail water supplier shall, at a minimum, maintain its
base daily per capita water use.
(B) If an urban retail water supplier's base daily per capita
water use is more than 110 gallons per capita per day, but is less
than or equal to its California standard established pursuant to
subdivision (b) of Section 10608.2, the urban retail water supplier
shall, at a minimum, reduce its gallons per capita per day water use
by 5 percent.
(C) If an urban retail water supplier's base daily per capita
water use exceeds its California standard established pursuant to
subdivision (b) of Section 10608.2 by less than 20 percent, and by
January 1, 2009, the urban water supplier has implemented the water
demand management measures described paragraph (2), the urban retail
water supplier shall, at a minimum, reduce its gallons per capita per
day water use by the greater of the following:
(i) Fifteen percent or the percent reduction necessary to reach
the applicable California standard, whichever is less.
(ii) Five percent.
(D) If an urban retail water supplier's base daily per capita
water use exceeds its California standard established pursuant to
subdivision (b) of Section 10608.2 by less than 20 percent, and by
January 1, 2009, the urban water supplier has not implemented the
water demand management measures described in paragraph (2), the
urban retail water supplier shall, at a minimum, reduce its gallons
per capita per day water use by the greater of the following:
(i) The percent reduction necessary to reach the applicable
California standard.
(ii) Five percent.
(E) If an urban retail water supplier's base daily per capita
water use exceeds its California standard established pursuant to
subdivision (b) of Section 10608.2 by 20 percent or more, and by
January 1, 2009, the urban water supplier has implemented the water
demand management measures described in paragraph (2), the urban
retail water supplier shall, at a minimum, reduce its gallons per
capita per day water use by 15 percent.
(F) If an urban retail water supplier's base daily per capita
water use exceeds its California standard established pursuant to
subdivision (b) of Section 10608.2 by 20 percent or more, and by
January 1, 2009, the urban water supplier has not implemented the
water demand management measures described in paragraph (2), the
urban retail water supplier shall, at a minimum, reduce its gallons
per capita per day water use by 20 percent.
(2) The department shall
develop criteria, with public input, for certification of
compliance with the following demand management measures:
(1)
(A) System water audits, leak detection and repair.
(2)
(B) Metering with commodity rates.
(3)
(C) Public information.
(4)
(D) School education programs.
(5)
(E) Conservation pricing.
(6)
(F) Conservation coordinator.
(7)
(G) Wastewater prohibition.
(b)
(3) In establishing the certification criteria for the
demand management measures in subdivision (a)
paragraph (2) , the department shall consider the best
management practices described in the Memorandum of Understanding
Regarding Urban Water Conservation in California as last amended in
June 2007.
(c) On or before December 31, 2020, all urban retail water
suppliers shall achieve a minimum reduction from the base daily per
capita water use of 5 percent, unless an urban supplier's water use
is at 110 gallons per capita per day or less.
(d) On or before December 31, 2020, all urban retail water
suppliers with base daily per capita water use exceeding the
applicable California standard by 20 percent or more shall reduce
daily per capita water use by at least 20 percent.
(e) On or before December 31, 2020, all urban retail water
suppliers with base daily per capita water use exceeding the
applicable California standard by less than 20 percent shall reduce
daily per capita water use to equal the applicable California
standard or by 5 percent, whichever percentage is greater.
(f)
(b) Each urban water supplier shall make incremental
progress by achieving at least 25 percent of the targeted per capita
reduction on or before December 31, 2012, and achieving 50 percent on
or before December 31, 2015.
(g)
(c) An urban water supplier may report on the targeted
percent reduction either on an aggregated basis of daily per capita
water use that includes all water uses in a supplier's district, or
by disaggregating between residential per capita water use and
commercial, industrial, and institutional per connection water use.
The following requirements apply to an urban water supplier that
selects the option of disaggregating its water use:
(1) The urban water supplier shall use its aggregate water use for
purposes of determining the applicable California standard on which
to base its targeted per capita reduction for its residential water
use.
(2) The urban water supplier shall reduce its commercial,
industrial, and institutional per connection water use by no less
than 15 percent. An urban water supplier may reduce the percent
reduction required in this paragraph by 5 percent if, by January 1,
2009, the supplier has implemented conservation programs for
commercial, industrial, and institutional accounts pursuant to
Section 10631.
(h)
(d) Upon written application to the department, an urban
retail water supplier may request adjustment to its targeted percent
reduction. The department shall develop criteria for the approval of
the following adjustments:
(1) Unique climatic conditions.
(2) Substantial changes to the commercial, industrial, and
institutional water use in the supplier's district.
(3) Unique conditions associated with an urban water supplier's
current water deliveries.
(4) Technical or economic infeasibility for commercial,
industrial, and institutional customers.
10608.8. (a) Urban water suppliers shall report to the department
and the state board on their incremental progress in reaching the
targeted percent reduction. Reports shall be submitted on or before
December 31, 2010, December 31, 2012, December 31, 2015, and December
31, 2020.
(b) Reports may be submitted as part of the urban water management
plans required pursuant to Section 10631.
(c) The reports shall be submitted using a standardized form
developed by the department and shall include the following
information:
(1) Baseline year or years.
(2) Baseline daily per capita water use.
(3) Targeted percent reduction.
(4) Acre-foot water savings attributed to the targeted percent
reduction.
(5) Current daily per capita water use.
(6) Current population served.
(7) Estimated 2020 population served by the urban water supplier,
as defined in subdivision (e) of Section 10602.
(8) Acre-foot water savings estimated for the current year and for
the year 2020 attributed to the targeted percent reductions.
(9) Acre-foot water savings estimated for the year 2020 attributed
to the targeted percent reductions.
10608.9. State
10608.9. (a) Urban water suppliers that provide
water exclusively on a wholesale basis shall do both of the
following:
(1) Include in the urban water management plans required pursuant
to Part 2.6 (commencing with Section 10610) an assessment of their
present and proposed future measures, programs, and policies to help
achieve the water use reductions required by this part.
(2) Provide technical assistance to their urban water suppliers to
help achieve the water use reductions required by this part.
(b) State agencies shall reduce
water use on facilities they own or operate to support the local
urban water supplier in meeting the targeted percent reduction in
daily per capita water use.
CHAPTER 4. AGRICULTURAL WATER CONSERVATION TARGETS
10608.10. (a) On or before December 31, 2009, the department
shall establish a statewide numeric water conservation target for
agricultural water use that provides for a significant increase in
the efficiency of agricultural water use in California. The initial
target shall be for December 31, 2020, and shall be not less than
500,000 acre-feet of net water reduction from projected demand in the
absence of additional agricultural water conservation practices, not
otherwise attributed to land use changes.
(b) On or before December 31, 2012, each agricultural water
supplier shall adopt numeric water conservation targets to be
achieved by December 31, 2015, and December 31, 2020, and report to
the department on those targets. An agricultural water supplier shall
review and update the targets every five years thereafter. The
target shall be based on reductions that can be achieved by water
management practices that are both technically feasible and locally
cost effective, or implementation of alternative measures that
achieve equal or greater water savings.
(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 targets and its progress
in reaching the targets. If an agricultural water supplier determines
that a water management practice is not locally cost effective or
technically feasible, the supplier shall submit information
documenting that determination.
(d) Agricultural water supplier reporting requirements may be met
through the submission to the department of an agricultural water
management plan developed for the Agricultural Water Management
Council or the United States Bureau of Reclamation that is consistent
with this part.
10608.12. To the extent that the
10608.12. (a) The department shall submit to the
Legislature a plan of action to meet the statewide target established
pursuant to subdivision (a) of Section 10608.10 if either of the
following conditions are met:
(1) The aggregate of the
agricultural water conservation targets established by agricultural
water suppliers pursuant to subdivision (b) of Section 10608.10
do will not meet the statewide target
established pursuant to subdivision (a) of Section 10608.10,
the department shall propose and adopt a plan of action to meet the
statewide target. This 10608.10.
(2) The aggregate of the agricultural water conservation targets
established by agricultural water suppliers pursuant to subdivision
(b) of Section 10608.10 are not met.
(b) This plan shall
specify the increased levels of water conservation, including
measures, programs, and policies, that need to be implemented at the
state and local levels. This increased level of conservation shall be
supported by state funding or federal funding, if provided, because
of the broad public benefits.
(c) The plans shall be submitted on or before December 31, 2013,
December 31, 2016, and December 31, 2021.
CHAPTER 5. GENERAL CONSERVATION ACTIONS
10608.14. Water suppliers may comply with this part individually
or regionally.
10608.15. (a) On or before April 30, 2009, the department shall
prepare a preliminary conservation report that includes, but is not
limited to, all of the following:
(1) A proposed base year or base years for measurement of the
20-percent per capita reduction.
(2) An assessment of current urban per capita water use.
(3) An estimate of the water conservation savings from current and
future urban and agricultural conservation activities.
(b) Beginning with the year 2013, and every five years thereafter,
the department shall include in the update of the California Water
Plan, pursuant to Section 10004, a both of
the following:
(1) A status report on the
progress in meeting the conservation targets established by this
part.
(2) An evaluation of options to extend water use efficiency
planning and implementation to those who use self-supplied water.
(c) On or before December 31, 2013, December 31, 2016, and
December 31, 2021, the department shall review and may increase the
targets for urban and agricultural water conservation, and shall
update the plans for achieving the conservation targets, based on the
consideration of all relevant information.
(d) Based on its review of the information provided in this part,
the department may require agricultural and urban water suppliers to
adopt additional water conservation or management practices if there
is insufficient progress in meeting the targets identified in this
part.
10608.16. (a) The department shall develop methodologies and
guidelines as necessary to implement this part.
(b) On or before December 31, 2010, in order to better quantify
agricultural water use efficiency, the department shall develop a
methodology to estimate the numeric value of agricultural water use
efficiency. The methodology shall include, but not be limited to, the
following information:
(1) Surface water diversion and farm delivery information required
pursuant to Section 5103.
(2) Evapotranspiration within a district boundary using best
available methods and technologies.
(3) Groundwater use from approved groundwater management plans and
other available sources.
(c) All state water conservation targets, methodologies, and
guidelines 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.
10608.17. Beginning January 1, 2013, the terms of, and
eligibility for, a water management grant or loan made to urban or
agricultural water suppliers and awarded or administered by the
department, state board, or California Bay-Delta Authority or its
successor agency shall be conditioned on the implementation of this
part.
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 to implement this part. In the allocation of funding, it is
the intent of the Legislature that the department give consideration
to disadvantaged communities to assist in implementing the
requirements of this part.
(c) It is the intent of the Legislature that funds made available
by Section 75041 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
direct expenditures to implement this part.
SEC. 2. Section 10631.5 of the Water Code is amended to read:
10631.5. (a) (1) Beginning January 1, 2009, until December 31,
2012, 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 or its
successor agency shall be conditioned on the implementation of the
water demand management measures described in 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 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 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. If the department determines
that the documentation submitted by the urban water supplier fails to
demonstrate that a water demand management measure is not locally
cost effective, the department shall notify the urban water supplier
and the agency administering the grant or loan program within 120
days that the documentation does not satisfy the requirements for an
exemption, and include in that notification a detailed statement to
support the determination.
(B) For purposes of this paragraph, "not locally cost effective"
means that the 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 or its successor agency, and after
soliciting public comment regarding eligibility requirements, 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.
(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 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 consisting
of two or more urban water suppliers that achieves the level of
conservation or 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. Urban water
suppliers may also request a regional agency authorized to plan and
implement water conservation to assist in or administer regional
water conservation programs. The urban water supplier or regional
agency administering the regional program shall provide participating
urban water suppliers and the department with data to demonstrate
that the regional program is consistent with this clause. The
department shall review the data to determine whether the urban water
suppliers in the regional program are meeting the eligibility
requirements.
(B) The department may require additional information for any
determination pursuant to this section.
(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
Section 10631.
(c) In establishing guidelines pursuant to the specific funding
authorization for any water management grant or loan program subject
to this section, the agency administering the grant or loan program
shall include in the guidelines the eligibility requirements
developed by the department pursuant to subdivision (b).
(d) Upon receipt of a water management grant or loan application
by an agency administering a grant and loan program subject to this
section, the agency shall request an eligibility determination from
the department with respect to the requirements of this section. The
department shall respond to the request within 60 days of the
request.
(e) 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.
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CORRECTIONS Text--Pages 7 and 9.
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