BILL NUMBER: AB 2409	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2010
	AMENDED IN ASSEMBLY  APRIL 6, 2010

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

                        FEBRUARY 19, 2010

   An act to amend Section 10632 of the Water Code, relating to urban
water management.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2409, as amended, Nestande. 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 each urban water supplier to
update its urban water management plan at least once every 5 years on
or before December 31, in years ending in 5 and zero.  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  ,   commencing with the urban water
management plan update due on December 31, 2015,  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.

   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 10632 of the Water Code is amended to read:
   10632.  (a) The plan shall provide an urban water shortage
contingency analysis that includes each of the following elements
that are within the authority of the urban water supplier:
   (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   that  are applicable to
each stage.
   (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.
   (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.
   (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.
   (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.
   (6) Penalties or charges for excessive use, where applicable.
   (7) An analysis of the impacts of each of the actions and
conditions described in 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.
   (8) A draft water shortage contingency resolution or ordinance.
   (9) A mechanism for determining actual reductions in water use
pursuant to the urban water shortage contingency analysis.
   (b)  For   Commencing   with the
urban water management plan update due December 31, 2015, 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.