BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2175|
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                                 THIRD READING


          Bill No:  AB 2175
          Author:   Laird (D), et al
          Amended:  8/27/08 in Senate
          Vote:     21

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  5-3, 8/22/08
          AYES:  Steinberg, Kehoe, Kuehl, Margett, Migden
          NOES:  Hollingsworth, Cogdill, Machado

           SENATE APPROPRIATIONS COMMITTEE  :  9-6, 8/7/08 
          AYES:  Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,  
            Ridley-Thomas, Simitian, Yee
          NOES:  Cox, Aanestad, Ashburn, Dutton, Runner, Wyland

           ASSEMBLY FLOOR  :  48-30, 5/28/08 - See last page for vote


           SUBJECT  :    Water conservation

           SOURCE  :     Natural Resources Defense Council


           DIGEST  :    This bill requires the state to achieve a 20  
          percent reduction in urban per capita water use by December  
          31, 2020 and also requires agricultural water suppliers to  
          implement water use efficiency best management practices by  
          July 31, 2012.

           Senate Floor Amendments  of 8/22/08 delete the definition of  
          agricultural water supplier of 10,000 acre feet or acres,  
          require the Department of Water Resources to determine the  
          appropriate size of a agricultural water supplier required  
                                                           CONTINUED





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          to prepare a agricultural water management plan and  
          implement the water use efficiency requirements of the  
          bill, add definitions for commercial, industrial,  
          commercial, and process water use and make other revisions.

           Senate Floor Amendments  of 8/18/08 (1) require the state to  
          achieve a 20 percent reduction in urban per capita water  
          use by December 31, 2020, (2) requires agricultural water  
          suppliers to implement water use efficiency best management  
          practices by July 31, 2012, (3) requires the Department of  
          Water Resources to develop a methodology to quantify  
          on-farm water use efficiency and report to the Legislature  
          on the methodology and an implementation plan by December  
          31, 2010, (4) requires agricultural water suppliers to  
          develop and implement agricultural water management plans  
          every five years, (5) makes a number of declarations and  
          statements of policy regarding water conservation and the  
          implementation of this bill; and (6) exempts the Department  
          of Water Resource from presenting its draft regulations  
          updating the model landscape ordinance to the California  
          Water Commission.

           ANALYSIS  :    

           Existing Law
           
          1.Establishes the Water Conservation in Landscaping Act and  
            requires the Department of Water Resources (DWR) to  
            update the model water efficient landscape ordinance by  
            regulation.

          2.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

          3.Requires DWR to convene an independent technical panel to  
            provide information to the DWR 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.








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          4.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 DWR, state board, or  
            California Bay-Delta Authority or its successor agency  
            conditioned on the implementation of specified water  
            demand management measures.

          5.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.

          6.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:

          1.Until December 31, 2009, deletes the requirement that the  
            California Water Commission be presented with and approve  
            the DWR's regulations related to the model water  
            efficient landscape ordinance.

          2.Adds a new part to the Water Code pertaining to water  
            conservation that includes legislative findings and  
            declarations, definitions, provisions pertaining to urban  
            water conservation, provisions pertaining to agricultural  
            water conservation, quantifying agricultural water use  
            efficiently, and general provisions.

          3.Starting January 1, 2016, amends the eligibility for  
            water management grants or loans made to urban water  
            suppliers and awarded or administered by DWR, State Water  
            Resources Control Board (SWRCB), or the California  
            Bay-Delta Authority, or its successor agency on the  
            implementation of conservation provisions required in  
            this bill.

          4.Repeals the existing Agricultural Water Management  







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            Planning Act and establish a new act by the same name.

          5.Requires DWR, by regulation, to determine the appropriate  
            size of a agricultural water supplier required to prepare  
            a agricultural water management plan and implement the  
            water use efficiency requirements of the bill.

          6.Revises the option for urban water suppliers to  
            disaggregate their water use for purposes of meeting the  
            requirements of the bill, by also requiring the process  
            water be disaggregated from all other CII water which may  
            include water used for landscaping, sanitation or  
            cooling.

          7.Requires urban retail water suppliers to provide  
            technical assistance and facilitate financing for CII  
            customers.

          8.Shifts the volumetric pricing agricultural best  
            management from a requirement to an option for suppliers  
            if it is not cost -effective or technically feasible.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee analysis:

                          Fiscal Impact (in thousands)

           Major Provisions                2008-09     2009-10     
           2010-11   Fund

           DWR implementation       $65       $1,300$90General

          SWRCB: water rights hearings                      costs  
          incurred in 2015-16                               Special*
            at earliest  

          *Water Rights Fund

           SUPPORT  :   (Verified  8/28/08)

          Natural Resources Defense Council (source)
          California Landscape Contractors Assoc.







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          California League for Environmental Enforcements Now
          California League of Conservation Voters
          City of Long Beach Water Dept
          City of Los Angeles, Mayors Office  
          Contra Costa Water District
          Defenders of Wildlife
          East Bay Municipal Water District
          Environmental Entrepreneurs
          Environmental Defense Fund
          Environmental Entrepreneurs (E2) 
          Food and Water Watch 
          Friends of the River
          Green Plumbers USA
          Heal the Bay 
          League of Women Voters of California
          Lieutenant Governor John Garamendi
          Long Beach Water Department, with amendments
          Marin Municipal Water District
          Metropolitan Water District of Southern California
          Olivenhain Municipal Water District, if amended
          Planning and Conservation League
          San Diego County Water Agency
          Santa Clara Valley Water District
          Sierra Club California
          Sierra Nevada Alliance
          Sonoma County Water Agency 
          The Bay Area Council
          The Bay Institute
          TreePeople
          Tuolumne River Trust

           OPPOSITION  :    (Verified  8/28/08)

          Agricultural Council of California
          Associations of California Water Agencies
          California Agricultural Irrigation Association 
          California Association of Winegrape Growers
          California Bean Shippers Assoc.
          California Cattleman's Association 
          California Chamber of Commerce
          California Citrus Mutual
          California Cotton Ginners Assoc.
          California Farm Bureau Federation
          California Grain and Feed Assoc







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          California Grape and Tree Fruit League
          California League of Food Processors
          California Seed Association
          California State Floral Assoc.
          California Tomato Growers Assoc.
          California Warehouse Assoc.
          Casitas Municipal Water District
          City of Benecia
          City of Fairfield
          City of Fountain Valley
          City of Vacaville 
          Coachella Valley WD
          Desert Water Agency
          El Dorado Irrigation District
          Friant Water Authority
          Hi-Desert Water District
          Imperial Irrigation District
          Kern County Water Agency
          Kings River Conservation District
          Kings River Water Association 
          Modesto Irrigation District
          Municipal Water Dist. of Organ County
          Nisei Farmers League
          Pacific Egg and Poultry Association
          San Luis & Delta Mendota Water Authority
          Solano County Water Agency
          Solano Irrigation District
          Valley Ag Water Coalition
          Western Growers
          Western States Petroleum Assoc
                    

           ASSEMBLY FLOOR  : 
          AYES:  Beall, Berg, Blakeslee, Brownley, Caballero, Charles  
            Calderon, Carter, Coto, Davis, De La Torre, De Leon,  
            DeSaulnier, Dymally, Eng, Evans, Feuer, Fuentes,  
            Furutani, Hancock, Hayashi, Hernandez, Horton, Huffman,  
            Jones, Karnette, Krekorian, Laird, Leno, Levine, Lieber,  
            Lieu, Ma, Mendoza, Mullin, Nava, Nunez, Plescia,  
            Portantino, Price, Ruskin, Salas, Saldana, Smyth,  
            Solorio, Swanson, Torrico, Wolk, Bass
          NOES:  Adams, Aghazarian, Anderson, Arambula, Benoit, Cook,  
            DeVore, Duvall, Emmerson, Fuller, Gaines, Galgiani,  
            Garcia, Garrick, Houston, Huff, Jeffries, Keene, La  







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            Malfa, Maze, Nakanishi, Niello, Parra, Sharon Runner,  
            Silva, Spitzer, Strickland, Tran, Villines, Walters
          NO VOTE RECORDED:  Berryhill, Soto


          CTW:do  8/28/08   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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