BILL NUMBER: SB 1478	CHAPTERED
	BILL TEXT

	CHAPTER  295
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2010
	PASSED THE SENATE  AUGUST 26, 2010
	PASSED THE ASSEMBLY  AUGUST 17, 2010
	AMENDED IN ASSEMBLY  AUGUST 16, 2010
	AMENDED IN ASSEMBLY  JUNE 14, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Committee on Natural Resources and Water (Senators
Pavley (Chair), Cogdill, Hollingsworth, Huff, Kehoe, Lowenthal,
Padilla, Simitian, and Wolk)
   (Principal coauthor: Assembly Member Caballero)

                        MARCH 2, 2010

   An act to amend Section 10608.20 of the Water Code, relating to
water conservation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1478, Committee on Natural Resources and Water. Water
conservation: urban water management.
   Existing law imposes various water use reduction requirements that
apply to urban retail water suppliers and agricultural water
suppliers, including a requirement that the state achieve a 20%
reduction in urban per capita water use by December 31, 2020. For the
purpose of meeting this goal, an urban retail water supplier is
required to develop urban water use targets and an interim water use
target by July 1, 2011, and to take other related actions.
   Existing law requires an urban water supplier to prepare and
adopt, and update every 5 years, an urban water management plan.
Existing law grants a specified extension to an urban retail water
supplier for the adoption of an urban water management plan that is
due in 2010, to allow use of certain technical methodologies that the
Department of Water Resources is required to develop for purposes of
those water use reduction provisions. Existing law requires an urban
retail water supplier that adopts an urban water management plan in
2010 that does not include those technical methodologies to amend the
plan by July 1, 2011, as specified.
   This bill would grant the extension for adoption of an urban water
management plan that is due in 2010 to an urban wholesale water
supplier to permit coordination between an urban wholesale water
supplier and urban retail water suppliers.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10608.20 of the Water Code is amended to read:
   10608.20.  (a) (1) Each urban retail water supplier shall develop
urban water use targets and an interim urban water use target by July
1, 2011. Urban retail water suppliers may elect to determine and
report progress toward achieving these targets on an individual or
regional basis, as provided in subdivision (a) of Section 10608.28,
and may determine the targets on a fiscal year or calendar year
basis.
   (2) It is the intent of the Legislature that the urban water use
targets described in paragraph (1) cumulatively result in a
20-percent reduction from the baseline daily per capita water use by
December 31, 2020.
   (b) An urban retail water supplier shall adopt one of the
following methods for determining its urban water use target pursuant
to subdivision (a):
   (1) Eighty percent of the urban retail water supplier's baseline
per capita daily water use.
   (2) The per capita daily water use that is estimated using the sum
of the following performance standards:
   (A) For indoor residential water use, 55 gallons per capita daily
water use as a provisional standard. Upon completion of the
department's 2016 report to the Legislature pursuant to Section
10608.42, this standard may be adjusted by the Legislature by
statute.
   (B) For landscape irrigated through dedicated or residential
meters or connections, water efficiency equivalent to the standards
of the Model Water Efficient Landscape Ordinance set forth in Chapter
2.7 (commencing with Section 490) of Division 2 of Title 23 of the
California Code of Regulations, as in effect the later of the year of
the landscape's installation or 1992. An urban retail water supplier
using the approach specified in this subparagraph shall use
satellite imagery, site visits, or other best available technology to
develop an accurate estimate of landscaped areas.
   (C) For commercial, industrial, and institutional uses, a
10-percent reduction in water use from the baseline commercial,
industrial, and institutional water use by 2020.
   (3) Ninety-five percent of the applicable state hydrologic region
target, as set forth in the state's draft 20x2020 Water Conservation
Plan (dated April 30, 2009). If the service area of an urban water
supplier includes more than one hydrologic region, the supplier shall
apportion its service area to each region based on population or
area.
   (4) A method that shall be identified and developed by the
department, through a public process, and reported to the Legislature
no later than December 31, 2010. The method developed by the
department shall identify per capita targets that cumulatively result
in a statewide 20-percent reduction in urban daily per capita water
use by December 31, 2020. In developing urban daily per capita water
use targets, the department shall do all of the following:
   (A) Consider climatic differences within the state.
   (B) Consider population density differences within the state.
   (C) Provide flexibility to communities and regions in meeting the
targets.
   (D) Consider different levels of per capita water use according to
plant water needs in different regions.
   (E) Consider different levels of commercial, industrial, and
institutional water use in different regions of the state.
   (F) Avoid placing an undue hardship on communities that have
implemented conservation measures or taken actions to keep per capita
water use low.
   (c) If the department adopts a regulation pursuant to paragraph
(4) of subdivision (b) that results in a requirement that an urban
retail water supplier achieve a reduction in daily per capita water
use that is greater than 20 percent by December 31, 2020, an urban
retail water supplier that adopted the method described in paragraph
(4) of subdivision (b) may limit its urban water use target to a
reduction of not more than 20 percent by December 31, 2020, by
adopting the method described in paragraph (1) of subdivision (b).
   (d) The department shall update the method described in paragraph
(4) of subdivision (b) and report to the Legislature by December 31,
2014. An urban retail water supplier that adopted the method
described in paragraph (4) of subdivision (b) may adopt a new urban
daily per capita water use target pursuant to this updated method.
   (e) An urban retail water supplier shall include in its urban
water management plan due in 2010 pursuant to Part 2.6 (commencing
with Section 10610) the baseline daily per capita water use, urban
water use target, interim urban water use target, and compliance
daily per capita water use, along with the bases for determining
those estimates, including references to supporting data.
   (f) When calculating per capita values for the purposes of this
chapter, an urban retail water supplier shall determine population
using federal, state, and local population reports and projections.
   (g) An urban retail water supplier may update its 2020 urban water
use target in its 2015 urban water management plan required pursuant
to Part 2.6 (commencing with Section 10610).
   (h) (1) The department, through a public process and in
consultation with the California Urban Water Conservation Council,
shall develop technical methodologies and criteria for the consistent
implementation of this part, including, but not limited to, both of
the following:
   (A) Methodologies for calculating base daily per capita water use,
baseline commercial, industrial, and institutional water use,
compliance daily per capita water use, gross water use, service area
population, indoor residential water use, and landscaped area water
use.
   (B) Criteria for adjustments pursuant to subdivisions (d) and (e)
of Section 10608.24.
   (2) The department shall post the methodologies and criteria
developed pursuant to this subdivision on its Internet Web site, and
make written copies available, by October 1, 2010. An urban retail
water supplier shall use the methods developed by the department in
compliance with this part.
   (i) (1) The department shall adopt regulations for implementation
of the provisions relating to process water in accordance with
subdivision (l) of Section 10608.12, subdivision (e) of Section
10608.24, and subdivision (d) of Section 10608.26.
   (2) The initial adoption of a regulation authorized by this
subdivision is deemed to address an emergency, for purposes of
Sections 11346.1 and 11349.6 of the Government Code, and the
department is hereby exempted for that purpose from the requirements
of subdivision (b) of Section 11346.1 of the Government Code. After
the initial adoption of an emergency regulation pursuant to this
subdivision, the department shall not request approval from the
Office of Administrative Law to readopt the regulation as an
emergency regulation pursuant to Section 11346.1 of the Government
Code.
   (j) (1) An urban retail water supplier is granted an extension to
July 1, 2011, for adoption of an urban water management plan pursuant
to Part 2.6 (commencing with Section 10610) due in 2010 to allow the
use of technical methodologies developed by the department pursuant
to paragraph (4) of subdivision (b) and subdivision (h). An urban
retail water supplier that adopts an urban water management plan due
in 2010 that does not use the methodologies developed by the
department pursuant to subdivision (h) shall amend the plan by July
1, 2011, to comply with this part.
   (2) An urban wholesale water supplier whose urban water management
plan prepared pursuant to Part 2.6 (commencing with Section 10610)
was due and not submitted in 2010 is granted an extension to July 1,
2011, to permit coordination between an urban wholesale water
supplier and urban retail water suppliers.