BILL NUMBER: AB 1677	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2010
	AMENDED IN ASSEMBLY  MARCH 18, 2010

INTRODUCED BY   Assembly Member Caballero

                        JANUARY 25, 2010

   An act to amend Sections 29725 and 32330 of the Public Resources
Code, and to amend Sections 10608.20 and 10608.26 of the Water Code,
relating to public resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1677, as amended, Caballero. Public resources.
   Existing law imposes various water use reduction requirements that
apply to urban retail water suppliers and agricultural water
suppliers. The requirements include a requirement that the state
achieve a 20% reduction in urban per capita water use by December 31,
2020. For the purpose of meeting this goal, an urban retail water
supplier is required to develop urban water use targets and an
interim water use target by July 1, 2011, and to take other related
actions. Existing law requires an urban retail water supplier that
supplies water to a United States Department of Defense military
installation, for the purpose of preparing an implementation plan to
comply with these water use reduction provisions, to consider
 specified   the military installation's 
requirements  under a specified federal executive order  .
   Existing law requires an urban water supplier to prepare and
adopt, and update every 5 years, an urban water management plan.
Existing law grants a specified extension to an urban retail water
supplier for the adoption of an urban water management plan that is
due in 2010, to allow use of certain technical methodologies that the
Department of Water Resources is required to develop for purposes of
those water use reduction provisions.
   This bill would grant that extension to an urban wholesale water
supplier, as specified. The bill would revise the
requirements that apply to   delete the requir 
 ement that  an urban retail water supplier that supplies
water to that described military installation  by requiring
the supplier to consider the prior water conservation of that
military installation for the purpose of preparing that
implementation plan   consider the military installation'
s requirements under the specified federal executive order  .
   Existing law establishes in the Natural Resources Agency the
Sacramento-San Joaquin Delta Conservancy, to act as a primary state
agency to implement ecosystem restoration in the Sacramento-San
Joaquin Delta (Delta) and to support efforts that advance
environmental protection and the economic well-being of Delta
residents. Existing law specifies the composition of the board of the
conservancy, including 10 liaison advisers who serve in an advisory,
nonvoting capacity, including one representative of the United
States National Marine Fisheries Service, which is within the United
States Department of Commerce.
   This bill would delete the Secretary of the Interior as the
appointing entity and would, instead, designate the Secretary of
Commerce as the appointing entity.
    The Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992
(Delta Protection Act) creates the Delta Protection Commission and
requires the commission to prepare and adopt a comprehensive
long-term resource management plan for specified lands within the
Delta. The Delta Protection Act also requires the commission to
adopt, not later than July 1, 2011, an economic sustainability plan
containing specified elements and requires the commission to review
and, as determined to be necessary, amend the plan every 5 years. The
Delta Protection Act defines the term "local government" for its
purposes to include specified counties and cities.
   This bill would correct a misspelling in that definition.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 29725 of the Public Resources Code is amended
to read:
   29725.  "Local government" means the Counties of Contra Costa,
Sacramento, San Joaquin, Solano, and Yolo, and the Cities of
Sacramento, Stockton, Tracy, Antioch, Pittsburg, Isleton, Lathrop,
Brentwood, West Sacramento, and Oakley, and any other cities that may
be incorporated in the future in the primary zone.
  SEC. 2.  Section 32330 of the Public Resources Code is amended to
read:
   32330.  The board shall consist of 11 voting members and two
nonvoting members, appointed or designated as follows:
   (a) The 11 voting members of the board shall consist of all of the
following:
   (1) The Secretary of the Natural Resources Agency, or his or her
designee.
   (2) The Director of Finance, or his or her designee.
   (3) One member of the board or a designee who is appointed by the
Contra Costa County Board of Supervisors, who is a resident of that
county.
   (4) One member of the board or a designee who is appointed by the
Sacramento County Board of Supervisors, who is a resident of that
county.
   (5) One member of the board or a designee who is appointed by the
San Joaquin County Board of Supervisors, who is a resident of that
county.
   (6) One member of the board or a designee who is appointed by the
Solano County Board of Supervisors, who is a resident of that county.

   (7) One member of the board or a designee who is appointed by the
Yolo County Board of Supervisors, who is a resident of that county.
   (8) Two public members appointed by the Governor, subject to
confirmation by the Senate.
   (9) One public member appointed by the Senate Committee on Rules.
   (10) One public member appointed by the Speaker of the Assembly.
   (b) The two nonvoting members shall consist of a Member of the
Senate, appointed by the Senate Committee on Rules, and a Member of
the Assembly, appointed by the Speaker of the Assembly. The members
appointed under this subdivision shall meet with the conservancy and
participate in its activities to the extent that this participation
is not incompatible with their positions as Members of the
Legislature. The appointed members shall represent a district that
encompasses a portion of the Delta.
   (c) Ten liaison advisers who shall serve in an advisory, nonvoting
capacity shall consist of all of the following:
   (1) One representative of the United States Fish and Wildlife
Service, designated by the United States Secretary of the Interior.
   (2) One representative of the United States National Marine
Fisheries Service, designated by the United States Secretary of
Commerce.
   (3) One representative of the United States Bureau of Reclamation,
designated by the United States Secretary of the Interior.
   (4) One representative of the United States Army Corps of
Engineers, designated by the Commanding Officer, United States Army
Corps of Engineers, South Pacific Division.
   (5) A designee of the San Francisco Bay Conservation and
Development Commission for coordination purposes.
   (6) A designee of the State Coastal Conservancy for coordination
purposes.
   (7) A designee of the Suisun Resource Conservation District for
coordination purposes.
   (8) A designee of the Central Valley Flood Protection Board.
   (9) A designee of the Yolo Basin Foundation.
   (10) A designee of the Delta Protection Commission.
   (d) The public members appointed by the Governor shall serve for a
term of four years, with a two-term limit.
   (e) The locally appointed members and alternates shall serve at
the pleasure of the appointing board of supervisors.
   (f) The public members appointed by the Senate Committee on Rules
or the Speaker of the Assembly shall serve for a term of four years,
with a two-term limit.
   (g) The Members of the Senate and Assembly shall serve at the
pleasure of the appointing body.
   (h) Alternates may be appointed by the county boards of
supervisors.
  SEC. 3.  Section 10608.20 of the Water Code is amended to read:
   10608.20.  (a) (1) Each urban retail water supplier shall develop
urban water use targets and an interim urban water use target by July
1, 2011. Urban retail water suppliers may elect to determine and
report progress toward achieving these targets on an individual or
regional basis, as provided in subdivision (a) of Section 10608.28,
and may determine the targets on a  fiscal year or calendar
year   fiscal-year or calendar-year  basis.
   (2) It is the intent of the Legislature that the urban water use
targets described in paragraph (1) cumulatively result in a
20-percent reduction from the baseline daily per capita water use by
December 31, 2020.
   (b) An urban retail water supplier shall adopt one of the
following methods for determining its urban water use target pursuant
to subdivision (a):
   (1) Eighty percent of the urban retail water supplier's baseline
per capita daily water use.
   (2) The per capita daily water use that is estimated using the sum
of the following performance standards:
   (A) For indoor residential water use, 55 gallons per capita daily
water use as a provisional standard. Upon completion of the
department's 2016 report to the Legislature pursuant to Section
10608.42, this standard may be adjusted by the Legislature by
statute.
   (B) For landscape irrigated through dedicated or residential
meters or connections, water efficiency equivalent to the standards
of the Model Water Efficient Landscape Ordinance set forth in Chapter
2.7 (commencing with Section 490) of Division 2 of Title 23 of the
California Code of Regulations, as in effect the later of the year of
the landscape's installation or 1992. An urban retail water supplier
using the approach specified in this subparagraph shall use
satellite imagery, site visits, or other best available technology to
develop an accurate estimate of landscaped areas.
   (C) For commercial, industrial, and institutional uses, a
10-percent reduction in water use from the baseline commercial,
industrial, and institutional water use by 2020.
   (3) Ninety-five percent of the applicable state hydrologic region
target, as set forth in the state's draft 20x2020 Water Conservation
Plan (dated April 30, 2009). If the service area of an urban 
retail  water supplier includes more than one hydrologic region,
the supplier shall apportion its service area to each region based
on population or area.
   (4) A method that shall be identified and developed by the
department, through a public process, and reported to the Legislature
no later than December 31, 2010. The method developed by the
department shall identify per capita targets that cumulatively result
in a statewide 20-percent reduction in urban daily per capita water
use by December 31, 2020. In developing urban daily per capita water
use targets, the department shall do all of the following:
   (A) Consider climatic differences within the state.
   (B) Consider population density differences within the state.
   (C) Provide flexibility to communities and regions in meeting the
targets.
   (D) Consider different levels of per capita water use according to
plant water needs in different regions.
   (E) Consider different levels of commercial, industrial, and
institutional water use in different regions of the state.
   (F) Avoid placing an undue hardship on communities that have
implemented conservation measures or taken actions to keep per capita
water use low.
   (c) If the department adopts a regulation pursuant to paragraph
(4) of subdivision (b) that results in a requirement that an urban
retail water supplier achieve a reduction in daily per capita water
use that is greater than 20 percent by December 31, 2020, an urban
retail water supplier that adopted the method described in paragraph
(4) of subdivision (b) may limit its urban water use target to a
reduction of not more than 20 percent by December 31, 2020, by
adopting the method described in paragraph (1) of subdivision (b).
   (d) The department shall update the method described in paragraph
(4) of subdivision (b) and report to the Legislature by December 31,
2014. An urban retail water supplier that adopted the method
described in paragraph (4) of subdivision (b) may adopt a new urban
daily per capita water use target pursuant to this updated method.
   (e) An urban retail water supplier shall include in its urban
water management plan required pursuant to Part 2.6 (commencing with
Section 10610) due in 2010 the baseline daily per capita water use,
urban water use target, interim urban water use target, and
compliance daily per capita water use, along with the bases for
determining those estimates, including references to supporting data.

   (f) When calculating per capita values for the purposes of this
chapter, an urban retail water supplier shall determine population
using federal, state, and local population reports and projections.
   (g) An urban retail water supplier may update its 2020 urban water
use target in its 2015 urban water management plan required pursuant
to Part 2.6 (commencing with Section 10610).
   (h) (1) The department, through a public process and in
consultation with the California Urban Water Conservation Council,
shall develop technical methodologies and criteria for the consistent
implementation of this part, including, but not limited to, both of
the following:
   (A) Methodologies for calculating base daily per capita water use,
baseline commercial, industrial, and institutional water use,
compliance daily per capita water use, gross water use, service area
population, indoor residential water use, and landscaped area water
use.
   (B) Criteria for adjustments pursuant to subdivisions (d) and (e)
of Section 10608.24.
   (2) The department shall post the methodologies and criteria
developed pursuant to this subdivision on its Internet Web site, and
make written copies available, by October 1, 2010. An urban retail
water supplier shall use the methods developed by the department in
compliance with this part.
   (i) (1) The department shall adopt regulations for implementation
of the provisions relating to process water in accordance with
subdivision (l) of Section 10608.12, subdivision (e) of Section
10608.24, and subdivision  (d)   (c)  of
Section 10608.26.
   (2) The initial adoption of a regulation authorized by this
subdivision is deemed to address an emergency, for purposes of
Sections 11346.1 and 11349.6 of the Government Code, and the
department is hereby exempted for that purpose from the requirements
of subdivision (b) of Section 11346.1 of the Government Code. After
the initial adoption of an emergency regulation pursuant to this
subdivision, the department shall not request approval from the
Office of Administrative Law to readopt the regulation as an
emergency regulation pursuant to Section 11346.1 of the Government
Code.
   (j) (1) An urban retail water supplier is granted an extension to
July 1, 2011, for adoption of an urban water management plan pursuant
to Part 2.6 (commencing with Section 10610) due in 2010 to allow the
use of technical methodologies developed by the department pursuant
to paragraph (4) of subdivision (b) and subdivision (h). An urban
retail water supplier that adopts an urban water management plan due
in 2010 that does not use the methodologies developed by the
department pursuant to subdivision (h) shall amend the plan by July
1, 2011, to comply with this part.
   (2) An urban wholesale water supplier whose urban water management
plan prepared pursuant to Part 2.6 (commencing with Section 10610)
was due and not submitted in 2010 is granted an extension to July 1,
2011, to allow the use of technical methodologies referenced in
paragraph (1).
  SEC. 4.  Section 10608.26 of the Water Code is amended to read:
   10608.26.  (a) In complying with this part, an urban retail water
supplier shall conduct at least one public hearing to accomplish all
of the following:
   (1) Allow community input regarding the urban retail water
supplier's implementation plan for complying with this part.
   (2) Consider the economic impacts of the urban retail water
supplier's implementation plan for complying with this part.
   (3) Adopt a method, pursuant to subdivision (b) of Section
10608.20, for determining its urban water use target.
   (b) In complying with this part, an urban retail water supplier
may meet its urban water use target through efficiency improvements
in any combination among its customer sectors. An urban retail water
supplier shall avoid placing a disproportionate burden on any
customer sector. 
   (c) For an urban retail water supplier that supplies water to a
United States Department of Defense military installation, the urban
retail water supplier's implementation plan for complying with this
part shall consider the prior water conservation of that military
installation under federal Executive Order 13514 and any subsequent
presidential executive order governing water conservation by federal
agencies.  
   (d) 
    (c)  (1) Any ordinance or resolution adopted by an urban
retail water supplier after the effective date of this section shall
not require existing customers as of the effective date of this
section, to undertake changes in product formulation, operations, or
equipment that would reduce process water use, but may provide
technical assistance and financial incentives to those customers to
implement efficiency measures for process water. This section shall
not limit an ordinance or resolution adopted pursuant to a
declaration of drought emergency by an urban retail water supplier.
   (2) This part shall not be construed or enforced so as to
interfere with the requirements of Chapter 4 (commencing with Section
113980) to Chapter 13 (commencing with Section 114380), inclusive,
of Part 7 of Division 104 of the Health and Safety Code, or any
requirement or standard for the protection of public health, public
safety, or worker safety established by federal, state, or local
government or recommended by recognized standard setting
organizations or trade associations.