Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1249


Introduced by Assembly Member Salas

February 22, 2013


An act to amend Sectionbegin delete 10910 ofend deletebegin insert 10541 of, and to add Section 10545 to,end insert the Water Code, relating tobegin delete public water systemsend deletebegin insert water qualityend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1249, as amended, Salas. begin deletePublic water systems: water supply assessments.end deletebegin insert Integrated regional water management plans: nitrate contamination.end insert

begin insert

Existing law, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative bond act approved by the voters as Proposition 84 at the November 7, 2006, statewide general election, authorized the issuance of bonds in the amount of $5,388,000,000 for the purposes of financing a safe drinking water, water quality and supply, flood control, and resource protection program. Existing law, with regard to those bond funds, makes available to the Department of Water Resources, $1,000,000,000 for grants for projects that assist local public agencies to meet the long term water needs of the state including the delivery of safe drinking water and the protection of water quality and the environment. The act requires that eligible projects implement integrated regional water management plans that meet specified criteria and requires the department to give preference to certain proposals.

end insert
begin insert

Existing law, the Integrated Regional Water Management Planning Act, authorizes a regional water management group, as defined, to prepare and adopt an integrated regional water management plan. The act requires the Department of Water Resources to develop and adopt guidelines for the preparation of integrated regional water management plans used to apply for the above-described Proposition 84 funds.

end insert
begin insert

This bill would require an integrated regional water management plan to include an explanation of how the plan addresses nitrate contamination, or an explanation of why the plan does not address nitrate contamination, if an area within the boundaries of the plan has been identified as a nitrate high-risk area by the State Water Resources Control Board.

end insert
begin insert

The bill would require the department when selecting projects for the above-described funds to establish a preference for projects that implement integrated regional water management plans that address nitrate impacts in areas identified as nitrate high-risk areas.

end insert
begin delete

Existing law requires a city or county that determines a project is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment.

end delete
begin delete

This bill would make a technical, nonsubstantive change to this requirement.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 10541 of the end insertbegin insertWater Codeend insertbegin insert is amended to
2read:end insert

3

10541.  

(a) The department shall develop project solicitation
4and evaluation guidelines for the application of funds made
5available pursuant to Section 75026 of the Public Resources Code,
6to enable broad and diverse participation in integrated regional
7water management plan development and refinement.

8(b) The department shall conduct two public meetings to
9consider public comments prior to finalizing the guidelines. The
10department shall publish the draft solicitation and evaluation
11guidelines on its Internet Web site at least 30 days before the public
12meetings. One meeting shall be conducted at a location in northern
13California and one meeting shall be conducted at a location in
14southern California. Upon adoption, the department shall transmit
P3    1copies of the guidelines to the fiscal committees and the appropriate
2policy committees of the Legislature. To the extent feasible, each
3state agency shall provide outreach to disadvantaged communities
4to promote access to and participation in those meetings.

5(c) The department shall consult with the board, the California
6regional water quality control boards, the State Department of
7Public Health, the Department of Fish andbegin delete Gameend deletebegin insert Wildlifeend insert, the
8California Bay-Delta Authority or its successor, and other state
9agencies with water management responsibility and authority in
10the development of the guidelines.

11(d) The department may periodically review and update the
12guidelines to accommodate changes in funding sources, statutory
13requirements, new commonly accepted management practices,
14and changes in state water management policy. Any guideline
15changes shall be made with appropriate consultation with other
16state agencies and public review pursuant to subdivisions (b) and
17(c).

18(e) The guidelines shall require that integrated regional water
19management plans include all of the following:

20(1) Consideration of all of the resource management strategies
21identified in the California Water Plan, as updated by department
22Bulletin No. 160-2005 and future updates.

23(2) Consideration of objectives in the appropriate basin plan or
24plans and strategies to meet applicable water quality standards.

25(3) Description of the major water-related objectives and
26conflicts within a region.

27(4) Measurable regional objectives and criteria for developing
28regional project priorities.

29(5) An integrated, collaborative, multibenefit approach to
30selection and design of projects and programs.

31(6) Identification and consideration of the water-related needs
32of disadvantaged communities in the area within the boundaries
33of the plan.

34(7) Performance measures and monitoring to demonstrate
35progress toward meeting regional objectives.

36(8) A plan for implementation and financing of identified
37projects and programs.

38(9) Consideration of greenhouse gas emissions of identified
39programs and projects.

P4    1(10) Evaluation of the adaptability to climate change of water
2management systems in the region.

3(11) Documentation of data and technical analyses used in the
4development of the plan.

5(12) A process to disseminate data and information related to
6the development and implementation of the plan.

7(13) A process to coordinate water management projects and
8activities of participating local agencies and local stakeholders to
9avoid conflicts and take advantage of efficiencies.

begin insert

10(14) If an area within the boundaries of the plan has been
11identified as a nitrate high-risk area by the state board, the plan
12 shall include an explanation of how the plan addresses the nitrate
13contamination or, if the plan does not address the nitrate
14contamination, an explanation of why the plan does not address
15the nitrate contamination.

end insert
begin delete

16(14)

end delete

17begin insert(15)end insert Any other matters identified by the department.

18(f) The guidelines shall include standards for identifying a region
19for the purpose of developing or modifying an integrated regional
20water management plan. At a minimum, a region shall be a
21contiguous geographic area encompassing the service areas of
22multiple local agencies, and shall be defined to maximize
23 opportunities for integration of water management activities. The
24department shall develop a process to approve the composition of
25a region for the purposes of Sections 75026, 75027, and 75028 of
26the Public Resources Code.

27(g) The guidelines shall require that the development and
28implementation of an integrated regional water management plan
29include a public process that provides outreach and an opportunity
30to participate in plan development and implementation to
31appropriate local agencies and stakeholders, as applicable to the
32region, including all of the following:

33(1) Wholesale and retail water purveyors, including a local
34agency, mutual water company, or a water corporation as defined
35in Section 241 of the Public Utilities Code.

36(2) Wastewater agencies.

37(3) Flood control agencies.

38(4) Municipal and county governments and special districts.

39(5) Electrical corporations, as defined in Section 218 of the
40Public Utilities Code.

P5    1(6) Native American tribes that have lands within the region.

2(7) Self-supplied water users, including agricultural, industrial,
3residential, park districts, school districts, colleges and universities,
4and others.

5(8) Environmental stewardship organizations, including
6watershed groups, fishing groups, land conservancies, and
7environmental groups.

8(9) Community organizations, including landowner
9organizations, taxpayer groups, and recreational interests.

10(10) Industry organizations representing agriculture, developers,
11and other industries appropriate to the region.

12(11) State, federal, and regional agencies or universities, with
13specific responsibilities or knowledge within the region.

14(12) Disadvantaged community members and representatives,
15including environmental justice organizations, neighborhood
16councils, and social justice organizations.

17(13) Any other interested groups appropriate to the region.

18(h) The guidelines shall require integrated regional water
19management plans to be developed through a collaborative process
20that makes public both of the following:

21(1) The process by which decisions are made in consultation
22with the persons or entities identified in subdivision (g).

23(2) The manner in which a balance of interested persons or
24entities representing different sectors and interests listed in
25subdivision (g) have been or will be engaged in the process
26described in this subdivision, regardless of their ability to contribute
27financially to the plan.

28(i) The guidelines shall provide for a process for the
29development, periodic review, updating, and amending of
30integrated regional water management plans. The department shall
31establish eligibility requirements for the project funding, that
32provide sufficient time for the updating of plans as necessary to
33reflect changes in the guidelines.

34begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 10545 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert

begin insert
35

begin insert10545.end insert  

When selecting projects pursuant to Section 75026 of
36the Public Resources Code, the department shall provide a
37preference for projects that implement integrated regional water
38management plans that address nitrate impacts in areas that have
39been identified by the state board as nitrate high-risk areas,
P6    1including projects that provide safe drinking water to small
2disadvantaged communities.

end insert
begin delete
3

SECTION 1.  

Section 10910 of the Water Code is amended to
4read:

5

10910.  

(a) Any city or county that determines that a project,
6as defined in Section 10912, is subject to the California
7Environmental Quality Act (Division 13 (commencing with Section
821000) of the Public Resources Code) under Section 21080 of the
9Public Resources Code shall comply with this part.

10(b) The city or county, at the time it determines whether an
11environmental impact report, a negative declaration, or a mitigated
12negative declaration is required for any project subject to the
13California Environmental Quality Act pursuant to Section 21080.1
14of the Public Resources Code, shall identify any water system that
15is, or may become as a result of supplying water to the project
16identified pursuant to this subdivision, a public water system, as
17defined in Section 10912, that may supply water for the project.
18If the city or county is not able to identify any public water system
19that may supply water for the project, the city or county shall
20prepare the water assessment required by this part after consulting
21with any entity serving domestic water supplies whose service
22area includes the project site, the local agency formation
23commission, and any public water system adjacent to the project
24site.

25(c) (1) The city or county, at the time it makes the determination
26required under Section 21080.1 of the Public Resources Code,
27shall request each public water system identified pursuant to
28subdivision (b) to determine whether the projected water demand
29associated with a proposed project was included as part of the most
30recently adopted urban water management plan adopted pursuant
31to Part 2.6 (commencing with Section 10610).

32(2) If the projected water demand associated with the proposed
33project was accounted for in the most recently adopted urban water
34management plan, the public water system may incorporate the
35requested information from the urban water management plan in
36preparing the elements of the assessment required to comply with
37subdivisions (d), (e), (f), and (g).

38(3) If the projected water demand associated with the proposed
39project was not accounted for in the most recently adopted urban
40water management plan, or the public water system has no urban
P7    1water management plan, the water supply assessment for the project
2shall include a discussion with regard to whether the public water
3system’s total projected water supplies available during normal,
4single dry, and multiple dry water years during a 20-year projection
5will meet the projected water demand associated with the proposed
6project, in addition to the public water system’s existing and
7planned future uses, including agricultural and manufacturing uses.

8(4) If the city or county is required to comply with this part
9pursuant to subdivision (b), the water supply assessment for the
10project shall include a discussion with regard to whether the total
11projected water supplies, determined to be available by the city or
12county for the project during normal, single dry, and multiple dry
13water years during a 20-year projection, will meet the projected
14water demand associated with the proposed project, in addition to
15existing and planned future uses, including agricultural and
16manufacturing uses.

17(d) (1) The assessment required by this section shall include
18an identification of any existing water supply entitlements, water
19rights, or water service contracts relevant to the identified water
20supply for the proposed project, and a description of the quantities
21of water received in prior years by the public water system, or the
22city or county if either is required to comply with this part pursuant
23to subdivision (b), under the existing water supply entitlements,
24water rights, or water service contracts.

25(2) An identification of existing water supply entitlements, water
26rights, or water service contracts held by the public water system,
27or the city or county if either is required to comply with this part
28pursuant to subdivision (b), shall be demonstrated by providing
29information related to all of the following:

30(A) Written contracts or other proof of entitlement to an
31identified water supply.

32(B) Copies of a capital outlay program for financing the delivery
33of a water supply that has been adopted by the public water system.

34(C) Federal, state, and local permits for construction of necessary
35infrastructure associated with delivering the water supply.

36(D) Any necessary regulatory approvals that are required in
37order to be able to convey or deliver the water supply.

38(e) If no water has been received in prior years by the public
39water system, or the city or county if either is required to comply
40with this part pursuant to subdivision (b), under the existing water
P8    1supply entitlements, water rights, or water service contracts, the
2public water system, or the city or county if either is required to
3comply with this part pursuant to subdivision (b), shall also include
4in its water supply assessment pursuant to subdivision (c), an
5identification of the other public water systems or water service
6contractholders that receive a water supply or have existing water
7supply entitlements, water rights, or water service contracts, to the
8same source of water as the public water system, or the city or
9county if either is required to comply with this part pursuant to
10subdivision (b), has identified as a source of water supply within
11its water supply assessments.

12(f) If a water supply for a proposed project includes
13groundwater, the following additional information shall be included
14in the water supply assessment:

15(1) A review of any information contained in the urban water
16management plan relevant to the identified water supply for the
17proposed project.

18(2) A description of any groundwater basin or basins from which
19the proposed project will be supplied. For those basins for which
20a court or the board has adjudicated the rights to pump
21groundwater, a copy of the order or decree adopted by the court
22or the board and a description of the amount of groundwater the
23public water system, or the city or county if either is required to
24comply with this part pursuant to subdivision (b), has the legal
25right to pump under the order or decree. For basins that have not
26been adjudicated, information as to whether the department has
27identified the basin or basins as overdrafted or has projected that
28the basin will become overdrafted if present management
29conditions continue, in the most current bulletin of the department
30that characterizes the condition of the groundwater basin, and a
31detailed description by the public water system, or the city or
32county if either is required to comply with this part pursuant to
33subdivision (b), of the efforts being undertaken in the basin or
34basins to eliminate the long-term overdraft condition.

35(3) A detailed description and analysis of the amount and
36location of groundwater pumped by the public water system, or
37the city or county if either is required to comply with this part
38pursuant to subdivision (b), for the past five years from any
39groundwater basin from which the proposed project will be
40supplied. The description and analysis shall be based on
P9    1information that is reasonably available, including, but not limited
2to, historic use records.

3(4) A detailed description and analysis of the amount and
4location of groundwater that is projected to be pumped by the
5public water system, or the city or county if either is required to
6comply with this part pursuant to subdivision (b), from any basin
7from which the proposed project will be supplied. The description
8and analysis shall be based on information that is reasonably
9available, including, but not limited to, historic use records.

10(5) An analysis of the sufficiency of the groundwater from the
11basin or basins from which the proposed project will be supplied
12to meet the projected water demand associated with the proposed
13project. A water supply assessment shall not be required to include
14the information required by this paragraph if the public water
15system determines, as part of the review required by paragraph
16(1), that the sufficiency of groundwater necessary to meet the initial
17and projected water demand associated with the project was
18addressed in the description and analysis required by paragraph
19(4) of subdivision (b) of Section 10631.

20(g) (1) Subject to paragraph (2), the governing body of each
21public water system shall submit the assessment to the city or
22county not later than 90 days from the date on which the request
23was received. The governing body of each public water system,
24or the city or county if either is required to comply with this act
25pursuant to subdivision (b), shall approve the assessment prepared
26pursuant to this section at a regular or special meeting.

27(2) Prior to the expiration of the 90-day period, if the public
28water system intends to request an extension of time to prepare
29and adopt the assessment, the public water system shall meet with
30the city or county to request an extension of time, which shall not
31exceed 30 days, to prepare and adopt the assessment.

32(3) If the public water system fails to request an extension of
33time, or fails to submit the assessment notwithstanding the
34extension of time granted pursuant to paragraph (2), the city or
35county may seek a writ of mandamus to compel the governing
36body of the public water system to comply with the requirements
37of this part relating to the submission of the water supply
38assessment.

39(h) Notwithstanding any other provision of this part, if a project
40has been the subject of a water supply assessment that complies
P10   1with the requirements of this part, no additional water supply
2assessment shall be required for subsequent projects that were part
3of a larger project for which a water supply assessment was
4completed and that has complied with the requirements of this part
5and for which the public water system, or the city or county if
6either is required to comply with this part pursuant to subdivision
7(b), has concluded that its water supplies are sufficient to meet the
8projected water demand associated with the proposed project, in
9addition to the existing and planned future uses, including, but not
10limited to, agricultural and industrial uses, unless one or more of
11the following changes occurs:

12(1) Changes in the project that result in a substantial increase
13in water demand for the project.

14(2) Changes in the circumstances or conditions substantially
15affecting the ability of the public water system, or the city or county
16if either is required to comply with this part pursuant to subdivision
17(b), to provide a sufficient supply of water for the project.

18(3) Significant new information becomes available which was
19not known and could not have been known at the time when the
20assessment was prepared.

end delete


O

    98