BILL ANALYSIS AB 2409 Page 1 Date of Hearing: March 23, 2010 ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE Jared William Huffman, Chair AB 2409 (Nestande) - As Amended: April 6, 2010 SUBJECT : Urban Water Suppliers: Water Shortage Contingency Analysis SUMMARY : Requires water contingency analyses included in urban water management plans to analyze and define water features artificially supplied with water, such as ponds, lakes, waterfalls and fountains, separately from swimming pools and spas. EXISTING LAW : 1)Requires Urban Water Management Plans to include an urban water shortage contingency analysis, with required elements identifying stages of actions to be taken in response to water supply shortages, and including mandatory actions to be taken against certain water use practices during water shortages. 2)Requires the Department of Water Resources (DWR) to update the state model water efficient landscaping ordinance through regulation by January 1, 2009, and requires all local agencies by January 1, 2010 to adopt the updated model ordinance or another ordinance at least as effective. Makes the updated model ordinance effective within the jurisdiction of a local agency if the local agency has not adopted it's own ordinance by January 1, 2010. The model ordinance defines water features to include ponds, lakes, waterfalls, fountains, artificial streams, spas and swimming pools (where water is artificially supplied). 3)Requires a 20% reduction in urban per capita water use in California by December 31, 2020. Requires the state to make incremental progress towards this goal by reducing per capita water use by at least 10% on or before December 31, 2015. Requires each urban retail water supplier to develop urban water use targets and an interim urban water use target. FISCAL EFFECT : Unknown COMMENTS : AB 2409 Page 2 Background : The Water Conservation in Landscaping Act, (AB 325 of 1990), required DWR to appoint and work with an advisory task force to develop a state model local water efficiency in landscaping ordinance, and required each local agency to adopt a water efficiency in landscaping ordinance by January 1, 1993, or to adopt findings as to why an ordinance was unnecessary. AB 2717 (Laird), enacted in 2004, requested the California Urban Water Conservation Council to convene a stakeholder workgroup to make recommendations on water efficiency in urban landscaping. The task force report was released in December of 2005 and contained 43 recommendations. AB 1881 (Laird), enacted in 2006, enacted a number of the recommendations of the task force, required DWR to update the model ordinance by January 1, 2009 by regulation, and required local agencies by January 1, 2010 to adopt the updated model ordinance or another ordinance at least as effective in achieving water conservation and efficiency. If a local agency does not adopt its own ordinance by January 1, 2010, then the model ordinance automatically takes effect within that local jurisdiction. DWR's new regulations updating the model water efficiency landscaping ordinance became effective on September 10, 2009, and are contained in the California Code of Regulations, Title 23, 490-495.1. The regulations, among other things, require applicants for new construction and landscape rehabilitation projects to submit a landscaping documentation package to the local agency. The landscaping documentation package is required to include specified elements, including a water budget calculation, with a maximum applied water allowance and an estimated total water use. Section 491(qqq) of the regulations defines "water feature" as follows: Water feature means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. AB 2409 Page 3 Water for urban landscaping comprises approximately 1/3rd of urban water use, or 3 million acre feet of water annually. The Legislature last year in SBX7 7 (Steinberg) enacted a requirement that the state reduce statewide urban water use by 20% by 2020. Purpose : The specific concern which this bill seeks to address is the fear that swimming pools and spas could be ordered to be shut down and drained if local agencies tie their drought response initiatives to the updated model water efficiency landscaping ordinance now in effect through much of the state. The sponsors indicate that requiring pools and spas to be drained for an extended period of time may cause damage to the pool. They also assert that the legislative history of AB 1881, and the goals and objectives of the law, do not show any evidence of legislative intent that pools and spas be included within the model ordinance. This bill, as introduced, would have statutorily invalidated a regulation adopted by DWR in updating the model water efficient landscaping ordinance. The concerns raised by the sponsors of this bill relate primarily to the actions that local agencies may require as part of their drought response initiatives. The model water efficiency in landscaping ordinance is not focused specifically on drought response, but relates more to the design of new construction and landscape rehabilitation projects. From a policy perspective, an argument could be made that it is appropriate that pools and spas be included in the model water efficiency ordinance for purposes of water budgeting, if the water budgeting element is to accurately reflect all anticipated outdoor urban water use, particularly in light of the Legislature's overall goals to reduce urban water use. To more directly address the concern of the sponsors, without statutorily amending DWR's model water efficiency ordinance regulations, this bill as amended focuses more narrowly on concerns with local requirements that may be imposed as part of a drought response initiative. As amended, this bill requires water contingency analyses developed as part of urban water management plans to analyze and define "water features" separately from pools and spas. This approach addresses the concern that agencies not simply lump these all together, when pools and spas may warrant different considerations, but does not prohibit a local agency from requiring appropriate water AB 2409 Page 4 conservation measures related to either water features or pools and spas. REGISTERED SUPPORT / OPPOSITION : Support California Spa & Pool Industry Education Council (sponsor) Opposition Planning and Conservation League (to prior version) Sierra Club California (to prior version) Analysis Prepared by : Diane Colborn / W., P. & W. / (916) 319-2096