BILL ANALYSIS AB 2409 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2409 (Nestande) As Amended June 15, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(April 22, |SENATE: |33-0 |(June 17, | | | |2010) | | |2010) | ----------------------------------------------------------------- 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