BILL NUMBER: AB 2175	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 22, 2008
	AMENDED IN SENATE  AUGUST 18, 2008
	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, and
Ruskin)
   (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,  to add Section 10014 to,  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  
January 1, 2010  , delete the requirement that the commission be
presented with and approve department regulations relating to the
model water efficient landscape ordinance. 
   (2) Existing law requires the department to update every 5 years
the plan for the orderly and coordinated control, protection,
conservation, development, and use of the water resources of the
state, known as the California Water Plan.  
   This bill would require the department to include in the
California Water Plan a report proposing a methodology for
quantifying the efficiency of on farm agricultural water use and
would also require the department to include in the plan, and every
update thereafter, other specified reports and assessments relating
to water use efficiency.  
   (2)
    (3)  Existing law requires the 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 10%
on or before December 31, 2015. By December 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 50% of the targeted per capita reduction on or before
December 31, 2015.
   The bill would require, by July 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, 2012, and thereafter in years ending
in 0 and years ending in 5, on the best management practices.
 The bill would require the department to develop a
methodology for quantifying the efficiency of onfarm 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.

   (3) 
    (4)  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 apply only until 
December 31, 2015   July 31, 2016 , and beginning
August 1, 2016, for urban retail water suppliers, and January 1,
2013, for agricultural water suppliers, would instead condition these
grants or loans made to urban retail or agricultural water suppliers
on the implementation of the requirements of paragraph (2), above.

   (4) 
    (5)  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 
 and would require an agricultural water supplier to update its
plan by December 31, 2015, and at least once 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 regulation, to determine the
appropriate size of an agricultural water supplier required to
prepare an agricultural water management plan, as specified. 
The bill would require the department, by December 31 in years ending
in 6 and years ending in 1, 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 remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
   SEC. 2.    Section 10014 is added to the  
Water Code   , to read:  
   10014.  (a) The department, as a part of the preparation of the
department's Bulletin No. 160-13, shall include in the California
Water Plan a report proposing a methodology for quantifying the
efficiency of on-farm agricultural water use and a plan for
implementation. The report shall include the estimated implementation
costs and the types of data needed to support the methodology.
   (b) The department, as a part of the preparation of the department'
s Bulletin No. 160-13, and every update thereafter, shall include in
the California Water Plan all of the following:
   (1) An assessment of the agricultural water use efficiency that
has been achieved over the previous five-year period, and an estimate
of the potential for agricultural water use efficiency in the
future.
   (2) A status report on the progress in meeting the urban
conservation targets established by Part 2.55 (commencing with
Section 10608) of Division 6.
   (3) An assessment of the commercial, industrial, and institutional
water use efficiency that has been achieved over the previous
five-year period, and an estimate of the potential for commercial,
industrial, and institutional water use efficiency in the future.
   (4) An evaluation of options to extend water use efficiency
planning and implementation to those who use self-supplied water.

   SEC. 2.   SEC. 3.   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) Reduced water use through conservation provides significant
energy and environmental benefits, can help protect water quality,
improves streamflows, and reduces greenhouse gas emissions.
   (d) 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) 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 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.
   10608.1.6.  (a) This part does not limit or otherwise affect the
application of Section 1011.
   (b) This part does not limit or otherwise affect the application
of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340), Chapter 4 (commencing with Section 11370), Chapter
4.5 (commencing with Section 11400), and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
      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 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) "Commercial water user" means a water user that provides or
distributes a product or service.  
   (c) 
    (d)  (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) 
    (e)  "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) 
    (f)  "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) 
    (g)  "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 use. 
   (h) "Industrial water user" means a water user that is primarily a
manufacturer or processor of materials as defined by the Standard
Industrial Classifications Code numbers 2000 through 3999.  

   (i) "Institutional water user" means a water-using establishment
dedicated to public service. This includes higher education
institutions, schools, courts, churches, hospitals, and government
facilities.  
   (g) 
    (j)  "Locally cost effective" means that the present
value of the local benefits of implementing an agricultural best
management practice is greater than or equal to the present value of
the local cost of implementing that measure. 
   (k) "Process water use" means a water use unique to a particular
industry for producing a product or service, excluding common water
uses for sanitation and restroom, cooling, landscaping, kitchen, and
laundry uses.  
   (h) 
    (l)  "Water conservation" means the efficient management
of water resources for beneficial uses, preventing waste, or
accomplishing additional benefits with the same amount of water.

   (1) 
    (m)   (1)    Except for state agencies
or as otherwise indicated, "water supplier" means any of the
following:
   (A) An urban retail water supplier, either publicly or privately
owned, that directly provides municipal water to more than 3,000 end
users or that supplies more than 3,000 acre-feet of water annually.
   (B) 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. 
   (C) 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, excluding recycled water. 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.  
   (C) An agricultural water supplier, as defined pursuant to Section
10818. 
   (2) A water supplier that falls under more than one definition in
paragraph (1) shall comply with the requirements governing each of
the corresponding water supply activities, as appropriate. 
   (j) 
    (n)  "Recycled water use" means any beneficial use of
recycled water which helps meet an urban retail water supplier's
gross water use, including the prorated share of pumped groundwater
or surface water  originated   originating 
from recycled water due to groundwater recharge or injection or
surface water reservoir augmentation. 
   (k) 
    (o)  "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  
SUPPLIERS 


   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 10 percent on or before December 31, 2015.
   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, 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  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) 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) 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.
The Legislature does not intend this part to restrict the
consideration, adoption, or implementation of urban best management
practices developed by the California Urban Water Conservation
Council or other entity after June 2007.
   (b) Each urban retail water supplier shall make incremental
progress by achieving at least 50 percent of the targeted per capita
reduction on or before December 31, 2015.
   (c) An urban retail water supplier may meet the required targeted
percent reduction either on an aggregated basis of daily per capita
water use, pursuant to subdivision (a), 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)  (A)    The urban retail
water supplier shall reduce its commercial, industrial, and
institutional per connection water use  by no less than 15
percent, unless the urban retail water supplier has previously
implemented demand management measures pursuant to subparagraph (B).
  , for water other than process water, by no less than
10 percent.  
   (3) Urban retail water suppliers, shall require best management
practices for process water that have been identified pursuant to
subdivision (d) of Section 10608.15.  
    (B) An urban retail water supplier may reduce the percent
reduction required in subparagraph (A) by 5 percent if the supplier
has implemented, by January 1, 2009, the demand management measure
for commercial, industrial, and institutional accounts pursuant to
Section 10631, and the department has certified that implementation.

   (d) All costs incurred pursuant to this part by a water utility
regulated by the Public Utilities Commission may be recoverable in
rates subject to review and approval by the Public Utilities
Commission, and may be recorded in a memorandum account and reviewed
for reasonableness by staff of the Public Utilities Commission. 
   10608.7.  (a) To implement the provisions of this part, urban
retail water suppliers shall provide technical assistance and
facilitate financing to commercial, industrial, and institutional
customers to promote the implementation of best management practices
for process water.
   (b) Urban retail water suppliers shall not require commercial,
industrial, and institutional water users to undertake conservation
measures regarding the use of process water that are not
cost-effective or that would result in unreasonable economic impacts.

   (c) Water use efficiency best management practices for process
water uses shall recognize the necessary use of water for producing
the product or service. 
    10608.7.  10608.8.   The department
shall develop criteria for adjustments to the targeted percent
reduction or the base year requirements described in Section 10608.6.
The adjustments shall include, but not be limited to, both of the
following circumstances:
   (a) An adjustment for the targeted percent reduction due to any of
the following:
   (1) Substantial changes to the commercial, industrial, or
institutional water use in the supplier's district that have occurred
since the base year.
   (2) Unreasonable impacts to the operations of a commercial,
industrial, or institutional customer that would result from
implementation of conservation measures that are not cost effective
for the customer.
   (3) Unreasonable impacts on residential customers residing in
water districts that have a significantly higher percentage of
commercial, industrial, or institutional water use.
   (b) An adjustment for a base year different from the base year or
base years determined by the department pursuant to Section 10608.15
due to unique climatic conditions in the service area of the urban
retail water supplier during the base year or base years determined
by the department, or other unique water management circumstances.
    10608.8.   10608.9.   (a) Urban retail
water suppliers shall report to the department and the state board on
their progress in reaching the targeted percent reduction  and
implementation of the commercial, industrial, and institutional water
use efficiency best management practices  . Reports shall be
submitted on or before July 31, 2011, July 31, 2016, and July 31,
2021.
   (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 
, and a methodology for measuring the change in per capita use,
 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) Current daily per capita water use.
   (5) Current population served.
   (6) Estimated 2020 population served by the urban water supplier,
as defined in subdivision (i) of Section 10608.2.
   (7) Acre-foot water savings estimated for the current year
attributed to the targeted percent reductions.
   (8) Acre-foot water savings estimated for the year 2020 attributed
to the targeted percent reductions. 
   (9) An assessment of how the implementation of commercial,
industrial, and institutional water use efficiency best management
practices have and will affect commercial, industrial, and
institutional operations within the district, including estimated
water savings, if any. 
    10608.9.  10608.10.   Urban wholesale
water suppliers shall do both of the following:
   (a) 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.
   (b) Provide technical assistance to their urban water suppliers to
help achieve the water use reductions required by this part.
    10608.9.5.   10608.11.    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 
 SUPPLIERS 


   10608.10.  As part of the update to the California Water Plan
pursuant to Section 10004, the department shall include an estimate
of the agricultural water use efficiency that has been achieved over
the previous five-year period and an estimate of the potential for
agricultural water use efficiency in the future. 
   10608.12.  (a) On or before July 31, 2012, an agricultural water
supplier shall implement water use efficiency best management
practices pursuant to subdivisions (b) and (c).
    (b) 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 to implement volumetric pricing pursuant to paragraph (4).
   (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   water, groundwater
 , 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) Adopt a pricing structure for water customers based at least
in part on quantity delivered. The pricing structure may provide
separate rates for the quantity of water necessary to meet the
consumptive needs of a crop and any water in excess of those
consumptive needs.  
   (4) 
    (5)  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 groundwater 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) 
    (6)  Line or pipe distribution systems and construct
regulatory reservoirs to increase distribution system flexibility and
capacity, decrease maintenance, and reduce seepage. 
   (6) 
    (7)  Increase flexibility in water ordering by, and
delivery to, water customers within operational limits. 
   (7) 
    (8)  Construct and operate supplier spill and tailwater
recovery systems. 
   (8) 
    (9)  Increase planned conjunctive use of surface and
ground water within the supplier service area. 
   (9) 
    (10)  Automate canal control structures. 
   (10) 
    (11)  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 to occur five and 10 years in the future. 
 and an assessment of how the implementation of those best
management practices have affected, and will affect, agricultural
operations within the district, including estimated water savings, if
any.  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 shall be submitted to the department on or before
December 31, 2012, and thereafter in years ending in zero and years
ending in five. 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)   (e)  of
Section 10608.15. 
      CHAPTER 5.  QUANTIFYING AGRICULTURAL WATER USE EFFICIENCY


   10608.14.  The department shall develop a methodology for
quantifying the efficiency of onfarm 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. 
      CHAPTER  6.   5.   GENERAL PROVISIONS


   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) A compilation and 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, all of the following: 

    (1) A status report on the progress in meeting the urban
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) 
    (b)  (1) 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 urban water use efficiency established pursuant to subdivision
(a) of Section 10608.4. The plan shall be based on the consideration
of all relevant information including, but not limited to,
information provided pursuant to Section 10608.6. The plan shall
recommend the measures, programs, policies, and regulatory authority
that are needed at the state and local levels to meet the statewide
target for urban water use efficiency.
   (2)  (A)    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. The department shall recommend the increased levels
  to the Legislature a progress report on the following:
 
   (i) Progress in meeting the required water use efficiency target
for the years 2015 and 2020 pursuant to subdivision (a) of Section
10608.4 for urban water conservation.  
   (ii) Progress in implementing commercial, industrial, and
institutional water use efficiency best management practices pursuant
to Section 10608.9, including an assessment of how the
implementation of the commercial, industrial, and institutional water
use efficiency best management practices have and will affect
commercial, industrial, and institutional operations, including
estimated water savings, if any. 
    (B)     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 target for urban water
use efficiency. 
   (d) 
    (c)  On or before December 31, 2013, December 31, 2016,
and December 31, 2021, the department, in consultation with the state
 board, shall submit to the Legislature a report on the
estimated agricultural water savings that have occurred and will
occur, based on subdivision (d) of Section 10608.12.  
board, shall submit to the Legislature a report on the agricultural
best management practices that have been implemented and are planned
to be implemented and an assessment of how the implementation of
those best management practices have and will affect agricultural
operations, including estimated water savings, if any.  

   (e) 
    (d)  All best management practices  , 
 for agricultural water use and for commercial, industrial, and
institutional water use, and  methodologies, criteria, and
guidelines pursuant to this part shall be adopted or revised only
after the department conducts public hearings to allow participation
of the diverse geographical areas and interest of the state. 

   (f) 
    (e)  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. 
   (f) This part shall not apply to water use by an agricultural
water supplier that is party to the Quantification Settlement
Agreement, as defined in subdivision (a) of Section 1 of Chapter 617
of the Statutes of 2002, during the period that the Quantification
Settlement Agreement remains in effect. 
   10608.17.  (a) Beginning August 1, 2016, the terms of, and
eligibility for, a water management grant or loan made to urban
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.
   SEC. 3.   SEC. 4.   Section 10631.5 of
the Water Code is amended to read:
   10631.5.  (a) (1) Beginning January 1, 2009, until 
December 31, 2015,   July 31, 2016,  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.   SEC. 5.   Part 2.8 (commencing
with Section 10800) of Division 6 of the Water Code is repealed.
   SEC. 5.   SEC. 6.   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) The conservation of agricultural water supplies is of great
statewide concern.
   (e) There is a great amount of reuse of delivered water, both
inside and outside the water service areas.
   (f) Significant noncrop beneficial uses are associated with
agricultural water use, including streamflows and wildlife habitat.
   (g) 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.
   (h) Changes in water management practices should be carefully
planned and implemented to minimize adverse effects on other
beneficial uses currently being served.
   (i) Agricultural water suppliers that receive water from the
Central Valley Project are required by federal law to prepare and
implement water conservation plans.
   (j) 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   10818  .
   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


   10818.  (a) The department shall, by regulation, no later than
July 31, 2010, determine the appropriate size of an agricultural
water supplier required to prepare an agricultural water management
plan pursuant to this part. The size may be determined based on the
quantity of water supplied, the acreage of the service area, the
number of customers in the service area, or any other objective
criteria that the department deems appropriate.
   (b) In developing the regulations required by this section, the
department shall consider all the following:
   (1) The amount of water delivered by the supplier.
   (2) The number of customers of the supplier.
   (3) The acreage of the supplier's service area.
   (4) The technical and financial capacity of the supplier to
prepare a plan and implement best management practices.
   (5) The potential contribution of the plan and best management
practices to the improvement of the local and regional efficiency of
agricultural water use.
   (c) (1) The department may conduct a survey of entities that
supply water for agricultural purposes to gather, assess, and analyze
data, and recommend the appropriate minimum size of an agricultural
water supplier.
   (2) The department shall, in finalizing its regulations, consult
with those agricultural water suppliers that would meet or narrowly
exceed the recommended threshold, as well as other interested
parties. 
   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,   2011,  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
 on or before December 31, 2015, and thereafter  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) 
    (c)  Describe previous water management activities.

   (e) 
    (d)  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 meet
             or exceed the requirements of this part.

      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 six and
years ending in one, 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
  10843  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.