BILL NUMBER: AB 55	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jeffries

                        DECEMBER 4, 2008

   An act to amend Section 10912 of the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 55, as introduced, Jeffries. Water supply planning.
   (1) Existing law requires a city or county that determines a
project is subject to the California Environmental Quality Act to
identify any public water system that may supply water for the
project and to request those public water systems to prepare a
specified water supply assessment. If no public water system is
identified, the city or county is required to prepare the water
supply assessment.
   Existing law defines "project" for purposes of the above
provisions as, among other things, a proposed residential development
of more than 500 dwelling units or a shopping center or business
establishment, commercial office building, hotel or motel,
industrial, manufacturing, or processing plant, industrial park, or
mixed-use project, that is of a specified size, or a project that
would demand an amount of water equivalent to, or greater than, the
amount of water required by a 500 dwelling unit project.
   This bill would revise that definition of "project" to provide
that specified business, commercial, hotel or motel, industrial,
manufacturing, and mixed-use developments are within the scope of
that definition only if the projected water demand of the development
would be equivalent to, or greater than, the amount of water
required by a 500 dwelling unit project, as determined by the public
water system.
   The bill, by revising the definition of "project," would impose
new duties on local agencies with respect to determining whether a
project is subject to the water supply assessment requirements,
thereby imposing a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10912 of the Water Code is amended to read:
   10912.  For the purposes of this part, the following terms have
the following meanings:
   (a) "Project" means any of the following:
   (1) A proposed residential development of more than 500 dwelling
units.
    (2)     Any of the following developments,
only if the projected water demand of the development would be
equivalent to, or greater than, the amount of water required by a 500
dwelling unit project, as determined by the public water system:
 
   (2) 
    (A)  A proposed shopping center or business
establishment employing more than 1,000 persons or having more than
500,000 square feet of floor space. 
   (3) 
    (B)  A proposed commercial office building employing
more than 1,000 persons or having more than 250,000 square feet of
floor space. 
   (4) 
    (C)  A proposed hotel or motel, or both, having more
than 500 rooms. 
   (5) 
    (D)  A proposed industrial, manufacturing, or processing
plant, or industrial park planned to house more than 1,000 persons,
occupying more than 40 acres of land, or having more than 650,000
square feet of floor area. 
   (6) 
    (E)  A mixed-use project that includes one or more of
the projects specified in this subdivision. 
   (7) 
    (3)  A project that would demand an amount of water
equivalent to, or greater than, the amount of water required by a 500
dwelling unit project.
   (b) If a public water system has fewer than 5,000 service
connections, then "project" means any proposed residential, business,
commercial, hotel or motel, or industrial development that would
account for an increase of 10 percent or more in the number of the
public water system's existing service connections, or a mixed-use
project that would demand an amount of water equivalent to, or
greater than, the amount of water required by residential development
that would represent an increase of 10 percent or more in the number
of the public water system's existing service connections.
   (c) "Public water system" means a system for the provision of
piped water to the public for human consumption that has 3000 or more
service connections. A public water system includes all of the
following:
   (1) Any collection, treatment, storage, and distribution facility
under control of the operator of the system which is used primarily
in connection with the system.
   (2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with the
system.
   (3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.