BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2175| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 2175 Page 2 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. AB 2175 Page 3 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 AB 2175 Page 4 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. AB 2175 Page 5 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 AB 2175 Page 6 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 AB 2175 Page 7 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 **** END ****