BILL NUMBER: AB 2175 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 4, 2008
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
( Principal coauthor: Assembly Member
Bass )
(Coauthors: Assembly Members Huffman, Jones, Krekorian,
Ruskin, and Wolk)
( Coauthor: Senator Kehoe
)
FEBRUARY 20, 2008
An act to add and repeal Section 65595.5 of the Government
Code, to amend Section 10631.5 of, and to
add Part 2.55 (commencing with Section 10608) to , and to repeal
and add Part 2.8 (commencing with Section 10800) of, Division
6 of, the Water Code, relating to water conservation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2175, as amended, Laird. Water conservation.
(1) Existing law establishes the Water Conservation in Landscaping
Act and requires the Department of Water Resources to update the
model water efficient landscape ordinance by regulation. Existing law
requires all rules and regulations of the department, except as
specified, to first be presented to the California Water Commission
and be effective only upon approval by the commission.
This bill would, until December 31, 2009, delete the requirement
that the commission be presented with and approve department
regulations relating to the model water efficient landscape
ordinance.
(1)
(2) Existing law requires the Department of
Water Resources department 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 July
31, 2020, each urban retail water supplier would be required
to achieve a minimum reduction from the base daily per capita water
use, as specified. The bill would also require each urban retail
water supplier to achieve at least 25%
50% of the targeted per capita reduction on or before
December 31, 2012, and 50% on or before December 31, 2015
July 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 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
The bill would require, by December 31, 2012, each
agricultural water supplier to implement water use efficiency best
management practices. The bill would require each agricultural water
supplier to report to the department, by December 31, 2010, and every
5 years thereafter , on the best management practices. The bill
would require the department to develop a methodology for quantifying
the efficiency of agricultural water use and require the department,
by December 31, 2010, to report to the Legislature on a proposed
methodology and a plan for implementation. The bill would make
related legislative findings and declarations and statements of
legislative intent.
(2)
(3) 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 2015 , and beginning January 1,
2013 2016 , would instead condition
these grants or loans made to urban or agricultural water suppliers
on the implementation of the requirements of paragraph (1)
(2) , above.
(4) Existing law establishes the Agricultural Water Management
Planning Act which, among other things, requires each agricultural
water supplier supplying more than 50,000 acre-feet of water directly
to customers to prepare a prescribed information report and to
prepare and adopt an agricultural water management plan, as
specified. Existing law specifies that the act remain operative only
until January 1, 1993, except that if an agricultural water supplier
fails to submit its required information report or agricultural water
management plan prior to January 1, 1993, it remains operative for
that supplier until it has submitted the report, or plan, or both.
This bill would repeal the act and establish a new Agricultural
Water Management Planning Act. The bill would require an agricultural
water supplier to prepare and adopt an agricultural water management
plan, as specified, by December 31, 2011, December 31, 2015, and on
or before December 31 every 5 years thereafter. The bill would
require each agricultural water supplier to make the proposed plan
available for public inspection. The bill would require the
department, by December 31 in the years ending in 7 or 2, to submit a
report to the Legislature summarizing the status of the adopted
plans.
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. Section 65595.5 is added to the
Government Code , to read:
65595.5. (a) In order to ensure timely implementation of water
conservation activities relating to landscaping, Section 161 of the
Water Code shall not apply to the adoption of department regulations
required pursuant to Section 65595.
(b) This section shall be repealed on January 1, 2010.
SECTION 1. SEC. 2. 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 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,
improves stream flows, and reduces greenhouse gas
emissions.
(e) The success of state and local water conservation programs to
increase efficiency of water use is best determined on the basis of
measurable outcomes related to water use or efficiency.
(e)
(f) 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)
(g) 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)
(h) 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.
10608.1. It is the intent of the Legislature, by the enactment of
this part, to do all of the following:
(a) Require all water suppliers to increase the efficiency of
water use to avoid waste and unreasonable use of this essential
resource.
(b) Establish a framework to meet the state targets for
agricultural and urban water conservation identified in the act
enacting this part and called for by the Governor.
(c) Measure increased efficiency of urban water use on a per
capita basis, reflecting different climate zones and previous
investments in water conservation programs.
(d) Require implementation of best management practices for
agricultural water users in the near term and, for future use,
develop a methodology to better measure the efficiency of
agricultural water use.
10608.1.5. This part does not reduce the total water used in
agricultural or urban sectors. This part does not affect agricultural
crop selection or industrial product selection.
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 2004 to 2008, inclusive, to reflect current
normal water use. water use during a base year or base
years determined by the department pursuant to subdivision (a) of
Section 10608.15 that best reflects current normal water use and, to
the extent feasible, is a base year of 2004 or later.
(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.
(d) "Critical best management practices" means those agricultural
practices that increase the efficiency of use and management of
agricultural water and are required of all agricultural water
suppliers.
(e) "Disadvantaged community" means a community with an annual
median household income that is less than 80 percent of the statewide
annual median household income.
(f) "Gross water use" means the total volume of treated or
untreated water entering the distribution system of an urban retail
water supplier and excludes agricultural water deliveries and
recycled water.
(e)
(g) "Locally cost effective" means that the present
value of the local benefits of implementing a water
conservation measure are an agricultural best
management practice is greater than or equal to the present
value of the local costs cost of
implementing that measure.
(f)
(h) "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)
(i) Except as otherwise indicated, "water supplier"
includes both means any 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
(1) An urban retail water supplier, either publicly or privately
owned, that directly or indirectly provides municipal water to more
than 3,000 end users or that supplies more than 3,000 acre-feet of
water annually.
(2) An urban wholesale water supplier, either publicly or
privately owned, that provides more than 3,000 acre-feet of water
annually at wholesale for municipal purposes.
(3) An agricultural water supplier,
either publicly or privately owned, providing water to more than
10,000 acres of agricultural land or supplying more than 10,000
acre-feet of agricultural water annually . 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)
(j) "Recycled water use" means any beneficial use of
recycled water which helps meet a retail urban
an urban retail water supplier's gross water use,
including groundwater recharge and injection.
(i)
(k) "Targeted percent reduction" means the percent
reduction in daily per capita water use required, pursuant to Section
10608.6, for an urban retail 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 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) (1) On or before December
July 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 not increase 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 retail 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 retail 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 retail 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:
(A) System water audits, leak detection and repair.
(B) Metering with commodity rates.
(C) Public information.
(D) School education programs.
(E) Conservation pricing.
(F) Conservation coordinator.
(G) Waste water Water waste
prohibition.
(3) In establishing the certification criteria for the demand
management measures in paragraph (2) and paragraph (2) of
subdivision (c) , 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.
(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.
(b) Each urban retail water supplier shall make incremental
progress by achieving at least 50 percent of the targeted per capital
reduction on or before July 31, 2015.
(c) An urban retail 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 retail
water supplier that selects the option of disaggregating its
water use:
(1) The urban retail 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 retail water supplier shall reduce its
commercial, industrial, and institutional per connection water use by
no less than 15 percent. An urban retail 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 , and the department
has certified compliance with, the demand management measure
for commercial, industrial, and institutional accounts pursuant to
Section 10631.
(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.
10608.7. The department shall develop criteria for allowable
adjustments to the targeted percent reduction or the base year
requirements described in Section 10608.6. The adjustments shall be
as follows:
(a) An urban retail water supplier may request an adjustment for
the targeted percent reduction due to either of the following:
(1) Substantial changes to the commercial, industrial, or
institutional water use in the supplier's district.
(2) Significant impacts to the essential operations of a
commercial, industrial, or institutional customer.
(b) An urban retail water supplier may request a base year
different from the base year or base years determined by the
department pursuant to Section 10608.15 due to either of the
following:
(1) Unique climactic conditions in the service area of the urban
retail water supplier during the base year or base years determined
by the department.
(2) Normal water deliveries for the supplier are not related to
normal climate conditions, but may be associated with drought
conditions if the supplier provides a backup water system during a
drought.
10608.8. (a) Urban retail 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. (a) Urban water suppliers that provide water exclusively
on a wholesale basis shall do both of the following:
10608.9. Urban wholesale water suppliers 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)
10608.9.5. State agencies shall reduce water use on
facilities they own or operate to support the local urban retail
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. (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 will not meet the statewide target
established pursuant to subdivision (a) of Section 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.
10608.10. It is anticipated that the actions required in this
part and the availability of state grant and loan programs will
result in approximately 500,000 acre-feet of agricultural water use
efficiency by 2020.
10608.12. (a) On or before December 31, 2012, an agricultural
water supplier shall implement water use efficiency best management
practices pursuant to subdivisions (b) and (c).
(b) To ensure that the limited available supplies of water in this
state are put to beneficial use to the fullest extent of which they
are capable, and to prevent waste, unreasonable use, or unreasonable
method of use, agricultural water suppliers shall implement all of
the following critical best management practices:
(1) Measure the volume of water delivered to customers with
sufficient accuracy to comply with subdivision (a) of Section 531.10
and implement volumetric pricing.
(2) Designate a water conservation coordinator who will develop
and implement the water management plan and prepare progress reports.
(3) Provide for the availability of water management services to
water users. These services may include, but are not limited to, all
of the following:
(A) Onfarm irrigation and drainage system evaluations.
(B) Normal year and real-time irrigation scheduling and crop
evapotranspiration information.
(C) Surface, ground, and drainage water quantity and quality data.
(D) Agricultural water management educational programs and
materials for farmers, staff, and the public.
(4) Adopt a pricing structure for water customers based at least
in part on quantity delivered.
(5) Evaluate the policies of agencies that provide the supplier
with water to identify the potential for institutional changes to
allow more flexible water deliveries and storage.
(6) Evaluate and improve the efficiencies of the supplier's pumps.
(c) Agricultural water suppliers shall implement additional best
management practices, including, but not limited to, all of the
following, if the measures are locally cost-effective and technically
feasible:
(1) Facilitate alternative land use for lands with exceptionally
high water duties or whose irrigation contributes to significant
problems, including drainage.
(2) Facilitate use of available recycled water that otherwise
would not be used beneficially, meets all health and safety criteria,
and does not cause harm to crops or soils.
(3) Facilitate the financing of capital improvements for onfarm
irrigation systems.
(4) Implement an incentive pricing structure that promotes one or
more of the following goals:
(A) More efficient water use at the farm level.
(B) Conjunctive use of groundwater.
(C) Appropriate increase of ground water recharge.
(D) Reduction in problem drainage.
(E) Improved management of environmental resources.
(F) Effective management of all water sources throughout the
season by adjusting seasonal rates based on current conditions.
(5) Line or pipe distribution systems and construct regulatory
reservoirs to increase distribution system flexibility and capacity,
decrease maintenance, and reduce seepage.
(6) Increase flexibility in water ordering by, and delivery to,
water customers within operational limits.
(7) Construct and operate supplier spill and tailwater recovery
systems.
(8) Increase planned conjunctive use of surface and ground water
within the supplier service area.
(9) Automate canal control structures.
(10) Facilitate or promote customer pump testing and evaluation.
(d) Agricultural water suppliers shall report to the department on
which best management practices have been implemented
and are planned to be implemented, an
estimate of the water savings that have occurred since the last
report, and an estimate of the water savings estimated to occur five
and 10 years in the future. If an agricultural water supplier
determines that a best management practice is not locally cost
effective or technically feasible, the supplier shall submit
information documenting that determination.
(e) The reports, confirmed by independent evaluation, shall be
submitted to the department on or before December 31, 2010, and every
five years thereafter. Agricultural water suppliers shall use a
standardized form provided by the department for the reports.
(f) Agricultural water supplier reporting requirements may be met
through the submission to the department of an agricultural water
management plan required pursuant to Section 10820, or developed for
the United States Bureau of Reclamation that is consistent with this
part.
(g) The department may update the best management practices
required pursuant to subdivisions (b) and (c), in consultation with
the Agricultural Water Management Council, the United States Bureau
of Reclamation, and after technical and public input provided
pursuant to subdivision (d) of Section 10608.15.
CHAPTER 5. QUANTIFYING AGRICULTURAL WATER USE EFFICIENCY
10608.14. The department shall develop a methodology for
quantifying the efficiency of agricultural water use. On or before
December 31, 2010, the department shall report to the Legislature on
a proposed methodology and a plan for implementation. The plan shall
include the estimated implementation costs and the types of data
needed to support the methodology. To the extent the methodology is
based on the ratio of evapotranspiration to applied water, the
department shall estimate the costs to collect and compile all of the
following data:
(a) Surface water diversion and farm delivery information required
pursuant to Section 5103.
(b) Evapotranspiration within an agricultural water supplier
boundary using best available methods and technologies.
(c) Groundwater use from approved groundwater management plans and
other available sources.
CHAPTER 5. 6. GENERAL
CONSERVATION ACTIONS GENERAL PROVISIONS
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 , including consideration of
different base years for different regions according to regional
hydrologic differences. An urban retail water supplier shall use the
base year or years determined by the department to calculate base
daily per capita water use .
(2) An A compilation an
d 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 ,
pursuant to the requirements of this part .
(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, both all
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.
(3) The recommended urban and agricultural programs or measures
described in subdivisions (c) and (d).
(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.
(c) On or before December 31, 2011, the department, in
consultation with the state board, shall submit to the Legislature a
plan of action to meet the required statewide target for water use
efficiency established pursuant to subdivision (a) of Section 10608.4
for urban water conservation, and the anticipated statewide target
for water use efficiency established pursuant to subdivision (a) of
Section 10608.10 for agricultural water conservation. The plan shall
be based on the consideration of all relevant information including,
but not limited to, information provided pursuant to Sections
10608.06 and 10608.12. The plan shall recommend the measures,
programs, policies, and regulatory authority that are needed at the
state and local levels to meet the statewide targets for water use
efficiency.
(d) On or before December 31, 2016, and December 31, 2021, the
department, in consultation with the state board, shall submit to the
Legislature a progress report on meeting the required water use
efficiency target for 2015 and 2020 pursuant to subdivision (a) of
Section 10608.4 for urban water conservation, and the anticipated
water use efficiency target pursuant to subdivision (a) of Section
10608.10 for agricultural water conservation. The department shall
recommend the increased levels of water conservation, including
measures, programs, policies and regulatory authority, that are
needed at the state and local levels to meet the statewide targets
for water use efficiency.
(e) All best management practices, methodologies, criteria, and
guidelines shall be adopted or revised only after the department
conducts a series of public hearings and workshops to allow
participation of the diverse geographical areas and interest of the
state.
(f) Water suppliers may comply with this part regionally if the
increased water savings are equal to or greater than the savings that
would occur if implemented individually by the retailers in the
region.
10608.17. (a) Beginning January 1,
2013 2016 , the terms of, and eligibility for,
a water management grant or loan made to urban or
agricultural retail 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.
(b) Beginning January 1, 2013, the terms of, and eligibility for,
a water management grant or loan made to 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.
(c) Notwithstanding subdivision (a), the department shall
determine that an urban retail water supplier is eligible for a water
management grant or loan even though the supplier has not met the
per capita reductions required pursuant to Section 10608.6, if the
urban retail 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 achieving the per capita reductions.
The supplier may request grant or loan funds to achieve the per
capita reductions to the extent the request is consistent with the
eligibility requirements applicable to the water management funds.
(d) Notwithstanding subdivision (b), the department shall
determine that an agricultural water supplier is eligible for a water
management grant or loan even though the supplier is not
implementing all of the best management practices described in
Section 10608.12, if the agricultural 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 best management practices. The supplier may request grant or loan
funds to implement the best management practices to the extent the
request is consistent with the eligibility requirements applicable to
the water management funds.
(e) Notwithstanding subdivision (a), the department shall
determine that an urban retail water supplier is eligible for a water
management grant or loan even though the supplier has not met the
per capita reductions required pursuant to Section 10608.6, if the
urban retail water supplier has submitted to the department for
approval documentation demonstrating that their entire service area
qualifies as a disadvantaged community.
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.
10608.20. (a) Nothing in this part shall preclude the department
or board from taking action authorized under Section 275.
(b) The policies, targets, and requirements of this part and any
criteria, plan of action, target, report, methodology, or guideline
prepared by the department pursuant to this part may be considered in
a proceeding under Section 275.
SEC. 2. SEC. 3. Section 10631.5 of
the Water Code is amended to read:
10631.5. (a) (1) Beginning January 1, 2009, until December 31,
2012 2015 , 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.
(5) (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 their entire service area
qualifies as a disadvantaged community.
(B) For purposes of this paragraph, "disadvantaged community"
means a community with an annual median household income that is less
than 80 percent of the statewide annual median household income.
(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.
SEC. 4. Part 2.8 (commencing with Section 10800)
of Division 6 of the Water Code is repealed.
SEC. 5. Part 2.8 (commencing with Section 10800)
is added to Division 6 of the Water Code , to
read:
PART 2.8. AGRICULTURAL WATER MANAGEMENT PLANNING
CHAPTER 1. GENERAL DECLARATIONS AND POLICY
10800. This part shall be known and may be cited as the
Agricultural Water Management Planning Act.
10801. The Legislature finds and declares all of the following:
(a) The waters of the state are a limited and renewable resource.
(b) The California Constitution requires that water in the state
be used in a reasonable and beneficial manner.
(c) Urban water districts are required to adopt water management
plans.
(d) More than three-fourths of the water used in the state is used
for agricultural purposes.
(e) The conservation of agricultural water supplies is of great
statewide concern.
(f) There is a great amount of reuse of delivered water, both
inside and outside the water service areas.
(g) Significant noncrop beneficial uses are associated with
agricultural water use, including streamflows and wildlife habitat.
(h) Significant opportunities exist in some areas, through
improved irrigation water management, to conserve water or to reduce
the quantity of highly saline or toxic drainage water.
(i) Changes in water management practices should be carefully
planned and implemented to minimize adverse effects on other
beneficial uses currently being served.
(j) Agricultural water suppliers that receive water from the
Central Valley Project are required by federal law to prepare and
implement water conservation plans.
(k) Agricultural water users applying for a permit to appropriate
water from the board are required to prepare and implement water
conservation plans.
10802. The Legislature finds and declares that all of the
following are the policies of the state:
(a) The conservation of water shall be pursued actively to protect
both the people of the state and the state's water resources.
(b) The conservation of agricultural water supplies shall be an
important criterion in public decisions with regard to water.
(c) Agricultural water suppliers shall be required to prepare
water management plans to achieve conservation of water.
CHAPTER 2. DEFINITIONS
10810. Unless the context otherwise requires, the definitions set
forth in this chapter govern the construction of this part.
10811. "Agricultural water management plan" or "plan" means an
agricultural water management plan prepared pursuant to this part.
10812. "Agricultural water supplier" has the same meaning as
defined in Section 10608.2.
10813. "Customer" means a purchaser of water from a water
supplier who uses water for agricultural purposes.
10814. "Person" means any individual, firm, association,
organization, partnership, business, trust, corporation, company,
public agency, or any agency of that entity.
10815. "Public agency" means any city, county, city and county,
special district, or other public entity.
10816. "Urban water supplier" has the same meaning as defined in
Section 10617.
10817. "Water conservation" means the efficient management of
water resources for beneficial uses, preventing waste, or
accomplishing additional benefits with the same amount of water.
CHAPTER 3. AGRICULTURAL WATER MANAGEMENT PLANS
Article 1. General Provisions
10820. (a) An agricultural water supplier shall prepare and adopt
an agricultural water management plan in the manner set forth in
this chapter on or before December 31, 2011, December 31, 2015, and
on or before December 31 every five years thereafter.
(b) Every supplier that becomes an agricultural water supplier
after December 31, 2012, shall adopt an agricultural water management
plan within one year after the date it has become an agricultural
water supplier.
(c) A water supplier that indirectly provides water to customers
for agricultural purposes shall not prepare a plan pursuant to this
part without the consent of each agricultural water supplier that
directly provides that water to its customers.
10821. (a) An agricultural water supplier shall update its plan
at least once every five years on or before December 31, in years
ending in zero and five.
(b) An agricultural water supplier required to prepare a plan
pursuant to this part shall notify each city or county within which
the supplier provides water supplies that the agricultural water
supplier will be preparing the plan or reviewing the plan and
considering amendments or changes to the plan. The agricultural water
supplier may consult with, and obtain comments from, each city or
county that receives notice pursuant to this subdivision.
(c) The amendments to, or changes in, the plan shall be adopted
and submitted in the manner set forth in Article 3 (commencing with
Section 10840).
Article 2. Contents of Plans
10825. (a) It is the intent of the Legislature in enacting this
part to allow levels of water management planning commensurate with
the numbers of customers served and the volume of water supplied.
(b) This part does not require the implementation of water
conservation programs or practices that are not locally cost
effective.
10826. A plan shall be adopted in accordance with this chapter.
That plan shall do all of the following:
(a) Describe the agricultural water supplier and the service area,
including all of the following:
(1) History and size of the service area.
(2) Location of the service area and its water management
facilities.
(3) Terrain and soils.
(4) Climate.
(5) Operating rules and regulations.
(6) Water delivery measurements or calculations.
(7) Water rate schedules and billing.
(8) Water shortage allocation policies.
(b) Describe the quantity and quality of water resources of the
agricultural water supplier, including all of the
following:
(1) Surface water supply.
(2) Groundwater supply.
(3) Other water supplies.
(4) Source water quality monitoring practices.
(5) Water uses within the agricultural water supplier's service
area, including all of the following:
(A) Agricultural.
(B) Environmental.
(C) Recreational.
(D) Municipal and industrial.
(E) Groundwater recharge.
(F) Transfers and exchanges.
(G) Other water uses.
(6) Drainage from the water supplier service area.
(7) Water accounting, including all of the following:
(A) Quantifying the water supplier's water supplies.
(B) Tabulating water uses.
(C) Overall water budget.
(8) Water supply reliability.
(c) Include an analysis, based on available information, of the
effect of climate change on future water supplies.
(d) Describe previous water management activities.
(e) Include in the plan the water use efficiency information
required pursuant to Section 10608.12.
10827. Agricultural water suppliers that are members of the
Agricultural Water Management Council, and that submit water
management plans to that council in accordance with the "Memorandum
of Understanding Regarding Efficient Water Management Practices By
Agricultural Water Suppliers In California," dated January 1, 1999,
may submit the water management plans identifying water demand
management measures currently being implemented, or scheduled for
implementation, to satisfy the requirements of Section 10826.
10828. (a) Agricultural water suppliers that are required to
submit water conservation plans to the United States Bureau of
Reclamation pursuant to either the Central Valley Project Improvement
Act (Public Law 102-575) or the Reclamation Reform Act of 1982, or
both, may submit those water conservation plans to satisfy the
requirements of Section 10826, if both of the following apply:
(1) The agricultural water supplier has adopted and submitted the
water conservation plan to the United States Bureau of Reclamation
within the previous four years.
(2) The United States Bureau of Reclamation has accepted the water
conservation plan as adequate.
(b) This part does not require agricultural water suppliers that
are required to submit water conservation plans to the United States
Bureau of Reclamation pursuant to either the Central Valley Project
Improvement Act (Public Law 102-575) or the Reclamation Reform Act of
1982, or both, to prepare and adopt water conservation plans
according to a schedule that is different from that required by the
United States Bureau of Reclamation.
10829. An agricultural water supplier may satisfy the
requirements of this part by adopting an urban water management plan
pursuant to Part 2.6 (commencing with Section 10610) or by
participation in areawide, regional, watershed, or basinwide water
management planning if those plans will reduce preparation costs and
contribute to the achievement of conservation and efficient water
use.
Article 3. Adoption and Implementation of Plans
10840. Every agricultural water supplier shall prepare its plan
pursuant to Article 2 (commencing with Section 10825).
10841. Prior to adopting a plan, the agricultural water supplier
shall make the proposed plan available for public inspection, and
shall hold a public hearing on the plan. Prior to the hearing, notice
of the time and place of hearing shall be published within the
jurisdiction of the publicly owned agricultural water supplier
pursuant to Section 6066 of the Government Code. A privately owned
agricultural water supplier shall provide an equivalent notice within
its service area. After the hearing, the plan shall be adopted as
prepared or as modified during or after the hearing.
10842. An agricultural water supplier shall implement the plan
adopted pursuant to this chapter in accordance with the schedule set
forth in its plan, as determined by the governing body of the
agricultural water supplier.
10843. (a) An agricultural water supplier shall submit to the
entities identified in subdivision (b) a copy of its plan no later
than 30 days after the adoption of the plan. Copies of amendments or
changes to the plans shall be submitted to the entities identified in
subdivision (b) within 30 days after the adoption of the amendments
or changes.
(b) An agricultural water supplier shall submit a copy of its plan
and amendments or changes to the plan to each of the following
entities:
(1) The department.
(2) Any city, county, or city and county within which the
agricultural water supplier provides water supplies.
(3) Any groundwater management entity within which jurisdiction
the agricultural water supplier extracts or provides water supplies.
(4) Any urban water supplier within which jurisdiction the
agricultural water supplier provides water supplies.
(5) Any city or county library within which jurisdiction the
agricultural water supplier provides water supplies.
(6) The California State Library.
(7) Any local agency formation commission serving a county within
which the agricultural water supplier provides water supplies.
10844. (a) Not later than 30 days after the date of adopting its
plan, the agricultural water supplier shall make the plan available
for public review on the agricultural water supplier's Internet Web
site.
(b) An agricultural water supplier that does not have an Internet
Web site shall submit to the department, not later than 30 days after
the date of adopting its plan, a copy of the adopted plan in an
electronic format. The department shall make the plan available for
public review on the department's Internet Web site.
10845. (a) The department shall prepare and submit to the
Legislature, on or before December 31, in the years ending in seven
or two, a report summarizing the status of the plans adopted pursuant
to this part.
(b) The report prepared by the department shall identify the
outstanding elements of any plan adopted pursuant to this part. The
report shall include an evaluation of the effectiveness of this part
in promoting efficient agricultural water management practices and
recommendations relating to proposed changes to this part, as
appropriate.
(c) The department shall provide a copy of the report to each
agricultural water supplier that has submitted its plan to the
department. The department shall also prepare reports and provide
data for any legislative hearing designed to consider the
effectiveness of plans submitted pursuant to this part.
(d) This section does not authorize the department, in preparing
the report, to approve, disapprove, or critique individual plans
submitted pursuant to this part.
CHAPTER 4. MISCELLANEOUS PROVISIONS
10850. (a) Any action or proceeding to attack, review, set aside,
void, or annul the acts or decisions of an agricultural water
supplier on the grounds of noncompliance with this part shall be
brought pursuant to Section 1085 of the Code of Civil Procedure, and
the court's review of compliance or noncompliance with this part
shall extend to whether the plan, or portion thereof, or revision
thereto, substantially complies with the requirements of this part.
(b) An action or proceeding alleging failure to adopt a plan shall
be commenced within 18 months after that adoption is required by
this part.
(c) Any action or proceeding alleging that a plan, or action taken
pursuant to the plan, does not comply with this part shall be
commenced within 120 days after submitting the plan or amendments to
the plan to entities in accordance with Section 10844 or the taking
of that action.
(d) In an action or proceeding to attack, review, set aside, void,
or annul the acts or decisions of an agricultural water supplier
made pursuant to this part at a properly noticed public hearing, the
issues raised shall be limited to those raised in the public hearing,
or in written correspondence delivered to the agricultural water
supplier prior to, or at, the public hearing, except if the court
finds either of the following:
(1) The issue could not have been raised at the public hearing by
a person exercising reasonable diligence.
(2) The body conducting the public hearing prevented the issue
from being raised at the public hearing.
10851. The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) does
not apply to the preparation and adoption of plans pursuant to this
part. This part does not exempt projects for implementation of the
plan or for expanded or additional water supplies from the California
Environmental Quality Act.
10852. An agricultural water supplier that does not prepare,
adopt, and submit its agricultural water management plan in
accordance with this part is ineligible to receive funds made
available pursuant to any program administered by the board, the
department, or the California Bay-Delta Authority until the
agricultural water management plan is submitted pursuant to this
part.