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          |SENATE RULES COMMITTEE            |                  AB 2409|
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                                    CONSENT


          Bill No:  AB 2409
          Author:   Nestande (R), et al
          Amended:  6/15/10 in Senate
          Vote:     21

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  7-0, 6/9/10
          AYES:  Pavley, Cogdill, Huff, Kehoe, Lowenthal, Padilla,  
            Wolk
          NO VOTE RECORDED:  Hollingsworth, Simitian

           ASSEMBLY FLOOR  :  74-0, 4/22/10 (Consent) - See last page  
            for vote


           SUBJECT  :    Urban water suppliers:  water shortage  
          contingency

           SOURCE  :     California Spa & Pool Industry Education  
          Council


           DIGEST  :    This bill requires, commencing with the urban  
          water management plan update due December 31, 2015, 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.

           ANALYSIS  :    

          Existing law

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                                                               AB 2409
                                                                Page  
          2

          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 percent 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 percent  
             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.

          This bill requires, commencing with the urban water  
          management plan update due December 31, 2015, 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.

           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  

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                                                               AB 2409
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          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, Sections 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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

          SUPPORT  :   (Verified  6/14/10)

          California Spa & Pool Industry Education Council (source) 
          California Park and Recreation Society

           ARGUMENTS IN SUPPORT  :    According tot eh 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  

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                                                               AB 2409
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          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."


           ASSEMBLY FLOOR  : 
          AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Bradford,  
            Brownley, Buchanan, Charles Calderon, Carter, Chesbro,  
            Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  
            Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,  
            Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Blumenfield, Caballero, Huber, Huffman,  
            Norby, Vacancy


          CTW:do  6/15/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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