BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2409
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2409 (Nestande)
          As Amended  June 15, 2010
          Majority vote
           
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          |ASSEMBLY:  |74-0 |(April 22,      |SENATE: |33-0 |(June 17,      |
          |           |     |2010)           |        |     |2010)          |
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           Original Committee Reference:    W.,P. & W.

          SUMMARY  :  Requires urban water agencies in preparing water  
          contingency analyses included in urban water management plans  
          (UWMPs) to analyze and define water features artificially  
          supplied with water, such as ponds, lakes, waterfalls and  
          fountains, separately from swimming pools and spas.

           The Senate amendments  make the requirements of this bill  
          applicable commencing with UWMP updates due December 31, 2015.

           EXISTING LAW  requires UWMPs 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.   
          UWMPs are required to be updated every five years.

           AS PASSED BY THE ASSEMBLY  , this bill required urban water  
          agencies, in preparing water contingency analyses included in  
          UWMPs, to analyze and define water features artificially  
          supplied with water, such as ponds, lakes, waterfalls and  
          fountains, separately from swimming pools and spas.

           FISCAL EFFECT  :  This bill is nonfiscal.

           COMMENTS  :  This bill seeks to address a concern that the  
          definition of water feature included in the state model water  
          efficient landscape ordinance, which includes both decorative  
          water features and pools and spas, not be adopted by urban water  
          agencies in the development of their drought response plans.   
          The concern is that if pools and spas are lumped together with  
          other water features and treated the same, the plans could  
          inadvertently lead to swimming pools and spas being ordered to  
          be drained and shut down in drought emergencies.  According to  








                                                                  AB 2409
                                                                  Page  2

          the sponsors of this bill, requiring pools and spas to be  
          drained for an extended period of time may cause serious damage  
          to the pool.  This bill attempts to avoid this problem by  
          amending the Urban Water Management Planning Act to require that  
          decorative water features be treated separately from swimming  
          pools and spas.  However, by requiring that pools and spas be  
          treated separately, this bill does not prohibit a local agency  
          from requiring appropriate water conservation measures related  
          to either water features or pools and spas.  The Senate  
          amendments delay application of this bill's requirements to the  
          UWMP update due December 31, 2015, in order to ensure that the  
          requirements apply uniformly to all UWMPs required to be updated  
          by that date.


           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096      

                                                              FN:  0004858