BILL NUMBER: AB 685 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 13, 2012
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN SENATE JULY 11, 2011
AMENDED IN SENATE JUNE 30, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
INTRODUCED BY Assembly Member Eng
(Coauthors: Assembly Members Fong and V. Manuel Pérez)
(Coauthor: Senator Wolk)
FEBRUARY 17, 2011
An act to amend Section 10540 of, and to add
Section 106.3 to , the Water Code, relating to
water.
LEGISLATIVE COUNSEL'S DIGEST
AB 685, as amended, Eng. State water policy : regional
water management planning .
(1) Existing
Existing law establishes various state water policies,
including the policy that the use of water for domestic purposes is
the highest use of water.
This bill would declare that it is the policy of the state that
every human being has the right to safe, clean,
affordable, and accessible water adequate for human
consumption, cooking, and sanitary purposes , that is
adequate for the health and well-being of the individual and family
. The bill would require, on and after January 1,
2012 2013 , all relevant state agencies,
including the Department of Water Resources, the State Water
Resources Control Board, the California regional water quality
control boards, and the State Department of Public Health, to
implement advance the implementation of
this state policy upon revising existing, and upon adopting or
establishing new, policies, regulations, and grant
funding criteria when those policies, regulations, and
grant criteria affect are pertinent to
the rights established by the bill, as uses
of water described above.
(2) The Integrated Regional Water Management Planning Act of 2002
authorizes a regional water management group, as defined, to prepare
and adopt an integrated regional water management plan. The act
authorizes a regional water management group to coordinate its
planning activities to address or incorporate into its plan various
actions of its members relating to water resource planning.
This bill would additionally authorize a regional water management
group to coordinate its planning activities to address or
incorporate into its plan a basin plan developed and adopted by a
California regional water quality control board.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 106.3 is added to the Water Code, to read:
106.3. It is the policy of the state that every human being has
the right to safe, clean, affordable, and accessible water
adequate for human consumption, cooking, and sanitary
purposes , that is adequate for the health and well-being of
the individual and family .
(a) On and after January 1, 2012 2013
, all relevant state agencies, including the department, the
board, the California regional water quality control boards, and the
State Department of Public Health, shall implement
advance the implementation of this policy upon revising
existing, and upon adopting or establishing new, policies,
regulations, and grant funding criteria
when those policies, regulations, and criteria affect the
rights established are pertinent to the uses of water
described in this section.
(b) This section does shall not
expand any obligation of the state to provide water or to
require the state's expenditure of additional
resources beyond the obligations that may exist pursuant to
subdivision (a) , nor shall it infringe on any causes of action
that exist independently of this section .
(c) This section shall not apply to water supplies
for individuals and not for new development.
(d) This section does not create or impose any additional duties
or responsibilities on any public water system.
SEC. 2. Section 10540 of the Water Code is
amended to read:
10540. (a) A regional water management group may prepare and
adopt an integrated regional water management plan in accordance with
this part.
(b) A regional water management group may coordinate its planning
activities to address or incorporate all or part of any of the
following actions of its members into its plan:
(1) Groundwater management planning pursuant to Part 2.75
(commencing with Section 10750) or other specific groundwater
management authority.
(2) Urban water management planning pursuant to Part 2.6
(commencing with Section 10610).
(3) The preparation of a water supply assessment required pursuant
to Part 2.10 (commencing with Section 10910).
(4) Agricultural water management planning pursuant to Part 2.8
(commencing with Section 10800).
(5) City and county general planning pursuant to Section 65350 of
the Government Code.
(6) Stormwater resource planning that is undertaken pursuant to
Part 2.3 (commencing with Section 10560).
(7) A basin plan developed and adopted pursuant to Section 13240.
(8) Other water resource management planning, including flood
protection, watershed management planning, and multipurpose program
planning.
(c) At a minimum, all plans shall address all of the following:
(1) Protection and improvement of water supply reliability,
including identification of feasible agricultural and urban water use
efficiency strategies.
(2) Identification and consideration of the drinking water quality
of communities within the area of the plan.
(3) Protection and improvement of water quality within the area of
the plan, consistent with the relevant basin plan.
(4) Identification of any significant threats to groundwater
resources from overdrafting.
(5) Protection, restoration, and improvement of stewardship of
aquatic, riparian, and watershed resources within the region.
(6) Protection of groundwater resources from contamination.
(7) Identification and consideration of the water-related needs of
disadvantaged communities in the area within the boundaries of the
plan.
(d) This section does not obligate a local agency to fund the
implementation of any project or program.