BILL NUMBER: AB 2409	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2010

INTRODUCED BY   Assembly Member Nestande
   (Principal coauthor: Assembly Member Hill)

                        FEBRUARY 19, 2010

    An act to add Section 65598 to the Government Code,
relating to local planning.   An act to amend Section
10632 of the Water Code, relating to urban water management. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2409, as amended, Nestande.  Water Conservation in
Landscaping Act: terms.   Urban water suppliers: water
shortage contingency analysis.  
   Existing law, the Urban Water Management Planning Act, requires an
urban water supplier, as defined, to prepare and adopt an urban
water management plan for submission to the Department of Water
Resources and other entities, in accordance with prescribed
requirements. The act requires an urban water management plan to
include, among other things, an urban water shortage contingency
analysis. The urban water shortage contingency analysis is required
to include various elements relating to water supply availability
during water shortages and interruptions.  
   This bill would require an urban water supplier, for purposes of
developing a water shortage contingency analysis, to analyze and
define water features that are artificially supplied with water,
including ponds, lakes, waterfalls, and fountains, separately from
swimming pools and spas, as defined.  
   Under the Water Conservation in Landscaping Act, the Department of
Water Resources is required to draft a model local water efficient
landscape ordinance and to update it, to the extent funds are
appropriated. Existing law provides that the model ordinance is
applicable within the jurisdiction of a local agency if, by January
1, 2010, the local agency has not adopted its own water efficient
landscape ordinance or the updated model ordinance. 

   This bill would require any model ordinance and any ordinance
adopted pursuant to the above provisions to exclude from the
definition of the term "water feature," swimming pools and spas.

   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 10632 of the   Water
Code   is amended to read: 
   10632.   (a)    The plan shall provide an urban
water shortage contingency analysis  which  
that  includes each of the following elements  which
  that  are within the authority of the urban water
supplier: 
   (a) 
    (1)  Stages of action to be undertaken by the urban
water supplier in response to water supply shortages, including up to
a 50 percent reduction in water supply, and an outline of specific
water supply conditions which are applicable to each stage. 
   (b) 
    (2)  An estimate of the minimum water supply available
during each of the next three water years based on the driest
three-year historic sequence for the agency's water supply. 
   (c) 
    (3)  Actions to be undertaken by the urban water
supplier to prepare for, and implement during, a catastrophic
interruption of water supplies including, but not limited to, a
regional power outage, an earthquake, or other disaster. 
   (d) 
    (4)  Additional, mandatory prohibitions against specific
water use practices during water shortages, including, but not
limited to, prohibiting the use of potable water for street cleaning.

   (e) 
    (5)  Consumption reduction methods in the most
restrictive stages. Each urban water supplier may use any type of
consumption reduction methods in its water shortage contingency
analysis that would reduce water use, are appropriate for its area,
and have the ability to achieve a water use reduction consistent with
up to a 50 percent reduction in water supply. 
   (f) 
    (6)  Penalties or charges for excessive use, where
applicable. 
   (g) 
    (7)  An analysis of the impacts of each of the actions
and conditions described in  subdivisions (a) to (f)
  paragraphs (1) to (6)  , inclusive, on the
revenues and expenditures of the urban water supplier, and proposed
measures to overcome those impacts, such as the development of
reserves and rate adjustments. 
   (h) 
    (8)  A draft water shortage contingency resolution or
ordinance. 
   (i) 
    (9)  A mechanism for determining actual reductions in
water use pursuant to the urban water shortage contingency analysis.

   (b) For purposes of developing the water shortage contingency
analysis pursuant to subdivision (a), the urban water supplier shall
analyze and define water features that are artificially supplied with
water, including ponds, lakes, waterfalls, and fountains, separately
from swimming pools and spas, as defined in subdivision (a) of
Section 115921 of the Health and Safety Code.  
  SECTION 1.    Section 65598 is added to the
Government Code, to read:
   65598.  Any model ordinance adopted pursuant to this article and
any ordinance adopted pursuant to Chapter 599 of the Statutes of 2009
shall exclude from the definition of the term "water feature,"
swimming pools and spas.