BILL ANALYSIS ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2009-2010 Regular Session | | | ----------------------------------------------------------------- BILL NO: AB 2409 HEARING DATE: June 9, 2010 AUTHOR: Nestande URGENCY: No VERSION: April 6, 2010 CONSULTANT: Dennis O'Connor DUAL REFERRAL: No FISCAL: No SUBJECT: Urban water suppliers: water shortage contingency analysis. BACKGROUND AND EXISTING LAW Under the Urban Water Management Planning Act, urban water agencies are to update their urban water management plans by December 31 in years ending in 0 or 5. Among other things, the update is to include an urban water shortage contingency analysis, which describes the actions the urban water agency would take in response to water supply shortages. Under provisions of the water conservation provisions adopted under the 2009-10 7th Extraordinary Session, an urban water supplier water supplier is required to adopt one of four methods for determining its urban water use targets. One of the options is to use a method that is to be developed by the Department of Water Resources (DWR) by December 31, 2010. Any urban water supplier that decides to use the DWR method is granted an extension to July 1, 2010 for adoption of its urban water management plan update. PROPOSED LAW This bill would require urban water agencies, in developing the water shortage contingency analysis for the urban water management plan update, to analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas ARGUMENTS IN SUPPORT 1 According to the sponsor, "AB 2409 aims to correct a dangerous precedent in regulations adopted by the Department of Water Resources. Those regulations combine in the definition of 'water feature' decorative fountains, ponds and streams with swimming pools and spas for purposes of the Model Efficient Water Landscape Ordinance. We are concerned that the 'water feature' definition could be adopted by local agencies for drought ordinances and inadvertently lead to swimming pools and spas being ordered to shut down in certain emergency situations. AB 2409 will resolve any confusion in this area by amending the Urban Water Management Planning Act to provide that decorative water features be treated separately from swimming pools and spas." ARGUMENTS IN OPPOSITION: None COMMENTS Pools A Poppin! There is a legitimate concern that local agencies, in adopting water conservation ordinances, might lump pools and spas in with other water features. The consequences of such an action could be severe. For example, if a pool is drained for an extensive period, the plaster bottom may become ruined, leading to expensive repairs. More troubling, empty pools often pop out of the ground, ruining not only the pool but the surrounding hardscape. What About Spray/Splash Parks? The California Park & Recreation Society has asked for an amendment to include publicly operated spray/splash parks in the same category of analysis as pools and spas. Such parks do provide a low cost alternative to public swimming pools. However, the damage associated with turning off a spray park pale in comparison with the damage caused by draining a pool or spa. Timing Is Everything. Should this bill become enacted this session, it would become in force the day after urban water management plans are to be adopted. Plans adopted on time would not have to comply with the provisions of this bill until the update due in 2015. However, it is not unheard of for urban water management plans, for a variety of reasons, to be adopted a month or so late. As drafted, this bill would require such late urban water management plans to be revised to comply with the provisions of this bill, delaying adoption even later. Similarly, any urban water supplier that decides to use the DWR 2 method for complying with the recently enacted water conservation bill, and takes advantage of the extension to July 1, 2010 for adoption of its urban water management plan update, would similarly have to revise its water shortage contingency analysis to comply with the provisions of this bill. Consequently, some urban water management plans that are currently being developed would have to comply with this bill, others would not. The committee may wish to consider an amendment to make the provisions of this bill apply equally to all urban water management plans by delaying the application of this bill to the urban water management plan update due December 31, 2015. (See Suggested Amendment) SUGGESTED AMENDMENT On page 3, line 18, delete "For" and insert: Commencing with the urban water management plan update due December 31, 2015, for SUPPORT California Spa & Pool Industry Education Council (Sponsor) California Park & Recreation Society (If amended per above) OPPOSITION None Received 3