BILL NUMBER: AB 1465 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hill
FEBRUARY 27, 2009
An act to amend Sections 10631, 10631.5, and 10633 of the Water
Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 1465, as introduced, Hill. Urban water management planning.
(1) Existing law requires every urban water supplier to prepare
and adopt an urban water management plan, in accordance with
specified requirements, for submission to the Department of Water
Resources and other entities. An urban water supplier is required to
provide information relating to the supplier's water demand
management measures.
This bill would revise provisions relating to the information that
the urban water supplier is required to include in the plan with
regard to water demand management measures. The bill would require
the urban water supplier to describe in the plan the opportunities
for development of recycled water supplies, including opportunities
for nonpotable and indirect potable reuse, and the opportunities for
stormwater recapture and reuse as a long-term water supply.
(2) Existing law, with certain exceptions, requires 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,
the State Water Resources Control Board, or the California Bay-Delta
Authority or its successor agency, to be conditioned on the
implementation of the water demand management measures identified in
the supplier's urban water management plan.
This bill would require the department to determine that an urban
water supplier is eligible for a water management grant or loan,
despite a failure to implement all of the water demand management
measures identified in the urban water management plan, if the
supplier submits to the department for approval documentation
demonstrating that the supplier's proposed water demand management
measures provide a level of water savings that is equivalent to the
savings provided by the implementation of measures identified in the
plan or that the supplier lacks the authority to implement one or
more of those measures.
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 10631 of the Water Code is amended to read:
10631. A plan shall be adopted in accordance with this chapter
and shall do all of the following:
(a) Describe the service area of the supplier, including current
and projected population, climate, and other demographic factors
affecting the supplier's water management planning. The projected
population estimates shall be based upon data from the state,
regional, or local service agency population projections within the
service area of the urban water supplier and shall be in five-year
increments to 20 years or as far as data is available.
(b) Identify and quantify, to the extent practicable, the existing
and planned sources of water available to the supplier over the same
five-year increments described in subdivision (a). If groundwater is
identified as an existing or planned source of water available to
the supplier, all of the following information shall be included in
the plan:
(1) A copy of any groundwater management plan adopted by the urban
water supplier, including plans adopted pursuant to Part 2.75
(commencing with Section 10750), or any other specific authorization
for groundwater management.
(2) A description of any groundwater basin or basins from which
the urban water supplier pumps groundwater. For those basins for
which a court or the board has adjudicated the rights to pump
groundwater, a copy of the order or decree adopted by the court or
the board and a description of the amount of groundwater the urban
water supplier has the legal right to pump under the order or decree.
For basins that have not been adjudicated, information as to whether
the department has identified the basin or basins as overdrafted or
has projected that the basin will become overdrafted if present
management conditions continue, in the most current official
departmental bulletin that characterizes the condition of the
groundwater basin, and a detailed description of the efforts being
undertaken by the urban water supplier to eliminate the long-term
overdraft condition.
(3) A detailed description and analysis of the location, amount,
and sufficiency of groundwater pumped by the urban water supplier for
the past five years. The description and analysis shall be based on
information that is reasonably available, including, but not limited
to, historic use records.
(4) A detailed description and analysis of the amount and location
of groundwater that is projected to be pumped by the urban water
supplier. The description and analysis shall be based on information
that is reasonably available, including, but not limited to, historic
use records.
(c) (1) Describe the reliability of the water supply and
vulnerability to seasonal or climatic shortage, to the extent
practicable, and provide data for each of the following:
(A) An average water year.
(B) A single dry water year.
(C) Multiple dry water years.
(2) For any water source that may not be available at a consistent
level of use, given specific legal, environmental, water quality, or
climatic factors, describe plans to supplement or replace that
source with alternative sources or water demand management measures,
to the extent practicable.
(d) Describe the opportunities for exchanges or transfers of water
on a short-term or long-term basis.
(e) (1) Quantify, to the extent records are available, past and
current water use, over the same five-year increments described in
subdivision (a), and projected water use, identifying the uses among
water use sectors, including, but not necessarily limited to, all of
the following uses:
(A) Single-family residential.
(B) Multifamily.
(C) Commercial.
(D) Industrial.
(E) Institutional and governmental.
(F) Landscape.
(G) Sales to other agencies.
(H) Saline water intrusion barriers, groundwater recharge, or
conjunctive use, or any combination thereof.
(I) Agricultural.
(2) The water use projections shall be in the same five-year
increments described in subdivision (a).
(f) Provide a description of the supplier's water demand
management measures. This description shall include all of the
following:
(1) A description of each water demand management measure that is
currently being implemented, or scheduled for implementation,
including the steps necessary to implement any proposed measures,
including, but not limited to, all of the following:
(A) Water survey programs for single-family residential and
multifamily residential customers.
(B) Residential plumbing retrofit.
(C) System water audits, leak detection, and repair.
(D) Metering with commodity rates for all new connections and
retrofit of existing connections.
(E) Large landscape conservation programs and incentives.
(F) High-efficiency washing machine rebate programs.
(G) Public information programs.
(H) School education programs.
(I) Conservation programs for commercial, industrial, and
institutional accounts.
(J) Wholesale agency programs.
(K) Conservation pricing.
(L) Water conservation coordinator.
(M) Water waste prohibition.
(N) Residential ultra-low-flush toilet replacement programs.
(2) A schedule of implementation for all water demand management
measures proposed or described in the plan.
(3) A description of the methods, if any, that the supplier will
use to evaluate the effectiveness of water demand management measures
implemented or described under the plan.
(4) An estimate, if available, of existing conservation savings on
water use within the supplier's service area, and the effect of the
savings on the supplier's ability to further reduce demand.
(g) An evaluation of each water demand management measure listed
in paragraph (1) of subdivision (f) that is not currently being
implemented or scheduled for implementation. In the course of the
evaluation, first consideration shall be given to water demand
management measures, or combination of measures, that offer lower
incremental costs than expanded or additional water supplies. This
evaluation shall do all of the following:
(1) Take into account economic and noneconomic factors, including
environmental, social, health, customer impact, and technological
factors.
(2) Include a cost-benefit analysis, identifying total benefits
and total costs.
(3) Include a description of funding available to implement any
planned water supply project that would provide water at a higher
unit cost.
(4) Include a description of the water supplier's legal authority
to implement the measure and efforts to work with other relevant
agencies to ensure the implementation of the measure and to share the
cost of implementation.
(f) Establish the goal of the urban water supplier for demand
management through implementation of the measures identified in this
subdivision, alternative equivalent demand management measures, or an
overall reduction in gallons per capita per day of urban water use.
The urban water supplier shall provide all of the following:
(1) A description of each water demand management measure that is
currently being implemented, or scheduled for implementation.
Measures may include, but are not limited to, the following:
(A) Utility operations programs, including programs relating to
conservation coordination, water waste prevention, wholesale agency
assistance, pricing, metering, and water loss control.
(B) Education and information programs, including programs
relating to school education and public information.
(C) Residential programs, including programs relating to
residential assistance, landscape water surveys, high efficiency
clothes washer incentives, ordinances, and low-flow toilet
incentives.
(D) Commercial, institutional, and industrial programs, including
programs relating to device-based incentives, audits, and process
improvement incentives.
(E) Landscape programs, including programs relating to water
budgets, water use surveys, and financial incentives.
(2) A schedule of implementation for all water demand management
measures proposed or described in the plan.
(3) An estimate of the water savings or reduction in gallons per
capita per day of urban water use that will be achieved through
implementation of the proposed demand management measures.
(4) A description of the methods, if any, that the supplier will
use to evaluate the effectiveness of water demand management measures
implemented or described in the plan.
(g) Evaluate any alternative demand management measures being
implemented by the supplier to provide a level of water savings that
is equivalent to the savings provided by implementation of the water
demand management measures listed in paragraph (1) of subdivision
(f).
(h) Evaluate each water demand management measure listed in
paragraph (1) of subdivision (f) that is not currently being
implemented or scheduled for implementation due to lack of legal
authority or lack of cost effectiveness.
(h)
(i) Include a description of all water supply projects
and water supply programs that may be undertaken by the urban water
supplier to meet the total projected water use as established
pursuant to subdivision (a) of Section 10635. The urban water
supplier shall include a detailed description of expected future
projects and programs, other than the demand management programs
identified pursuant to paragraph (1) of subdivision (f), that the
urban water supplier may implement to increase the amount of the
water supply available to the urban water supplier in average,
single-dry, and multiple-dry water years. The description shall
identify specific projects and include a description of the increase
in water supply that is expected to be available from each project.
The description shall include an estimate with regard to the
implementation timeline for each project or program.
(i)
(j) Describe the opportunities for development of
desalinated water, including, but not limited to, ocean water,
brackish water, and groundwater, as a long-term supply.
(k) Describe the opportunities for development of recycled water
supplies, including opportunities for nonpotable and indirect potable
reuse as a long-term water supply.
(l) Describe the opportunities for stormwater capture and reuse as
a long-term water supply.
(j)
(m) Urban water suppliers that are members of the
California Urban Water Conservation Council and submit annual reports
to that council in accordance with the "Memorandum of Understanding
Regarding Urban Water Conservation in California," dated
September 1991 December 2008 , may submit the
annual reports identifying water demand management measures currently
being implemented, or scheduled for implementation, to satisfy the
requirements of subdivisions (f) and ,
(g) , and (h) .
(k)
(n) Urban water suppliers that rely upon a wholesale
agency for a source of water shall provide the wholesale agency with
water use projections from that agency for that source of water in
five-year increments to 20 years or as far as data is available. The
wholesale agency shall provide information to the urban water
supplier for inclusion in the urban water supplier's plan that
identifies and quantifies, to the extent practicable, the existing
and planned sources of water as required by subdivision (b),
available from the wholesale agency to the urban water supplier over
the same five-year increments, and during various water-year types in
accordance with subdivision (c). An urban water supplier may rely
upon water supply information provided by the wholesale agency in
fulfilling the plan informational requirements of subdivisions (b)
and (c).
SEC. 2. Section 10631.5 of the Water Code is amended to read:
10631.5. (a) (1) Beginning January 1, 2009, 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 supplier's proposed
water demand management measures provide a level of water savings
that is equivalent to the savings provided by the implementation of
the water demand management measures listed in Section 10631, that a
water demand management measure is not cost effective, or that the
supplier lacks the authority to implement one or more of
those water demand management measures. If the department determines
that the documentation submitted by the urban water supplier fails to
meet these criteria , 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.
(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. The
urban water supplier 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. 3. Section 10633 of the Water Code is amended to read:
10633. The plan shall provide, to the extent available,
information on recycled water and its potential for use as a water
source in the service area of the urban water supplier. The
preparation of the plan shall be coordinated with local water,
wastewater, groundwater, and planning agencies that operate within
the supplier's service area, and shall include all of the following:
(a) A description of the wastewater collection and treatment
systems in the supplier's service area, including a quantification of
the amount of wastewater collected and treated and the methods of
wastewater disposal.
(b) A description of the quantity of treated wastewater that meets
recycled water standards, is being discharged, and is otherwise
available for use in a recycled water project.
(c) A description of the recycled water currently being used in
the supplier's service area, including, but not limited to, the type,
place, and quantity of use.
(d) A description and quantification of the potential uses of
recycled water, including, but not limited to, agricultural
irrigation, landscape irrigation, wildlife habitat enhancement,
wetlands, industrial reuse, groundwater recharge
indirect potable reuse , and other appropriate uses, and a
determination with regard to the technical and economic feasibility
of serving those uses.
(e) The projected use of recycled water within the supplier's
service area at the end of 5, 10, 15, and 20 years, and a description
of the actual use of recycled water in comparison to uses previously
projected pursuant to this subdivision.
(f) A description of actions, including financial incentives,
which may be taken to encourage the use of recycled water, and the
projected results of these actions in terms of acre-feet of recycled
water used per year.
(g) A plan for optimizing the use of recycled water in the
supplier's service area, including actions to facilitate the
installation of dual distribution systems, to promote recirculating
uses, to facilitate the increased use of treated wastewater that
meets recycled water standards, and to overcome any obstacles to
achieving that increased use.