BILL NUMBER: AB 1249 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
INTRODUCED BY Assembly Member Salas
FEBRUARY 22, 2013
An act to amend Section 10910 of 10541 of,
and to add Section 10545 to, the Water Code, relating to
public water systems water quality .
LEGISLATIVE COUNSEL'S DIGEST
AB 1249, as amended, Salas. Public water systems: water
supply assessments. Integrated regional water
management plans: nitrate contamination.
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.
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.
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.
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.
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.
This bill would make a technical, nonsubstantive change to this
requirement.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10541 of the Water
Code is amended to read:
10541. (a) The department shall develop project solicitation and
evaluation guidelines for the application of funds made available
pursuant to Section 75026 of the Public Resources Code, to enable
broad and diverse participation in integrated regional water
management plan development and refinement.
(b) The department shall conduct two public meetings to consider
public comments prior to finalizing the guidelines. The department
shall publish the draft solicitation and evaluation guidelines on its
Internet Web site at least 30 days before the public meetings. One
meeting shall be conducted at a location in northern California and
one meeting shall be conducted at a location in southern California.
Upon adoption, the department shall transmit copies of the guidelines
to the fiscal committees and the appropriate policy committees of
the Legislature. To the extent feasible, each state agency shall
provide outreach to disadvantaged communities to promote access to
and participation in those meetings.
(c) The department shall consult with the board, the California
regional water quality control boards, the State Department of Public
Health, the Department of Fish and Game
Wildlife , the California Bay-Delta Authority or its successor,
and other state agencies with water management responsibility and
authority in the development of the guidelines.
(d) The department may periodically review and update the
guidelines to accommodate changes in funding sources, statutory
requirements, new commonly accepted management practices, and changes
in state water management policy. Any guideline changes shall be
made with appropriate consultation with other state agencies and
public review pursuant to subdivisions (b) and (c).
(e) The guidelines shall require that integrated regional water
management plans include all of the following:
(1) Consideration of all of the resource management strategies
identified in the California Water Plan, as updated by department
Bulletin No. 160-2005 and future updates.
(2) Consideration of objectives in the appropriate basin plan or
plans and strategies to meet applicable water quality standards.
(3) Description of the major water-related objectives and
conflicts within a region.
(4) Measurable regional objectives and criteria for developing
regional project priorities.
(5) An integrated, collaborative, multibenefit approach to
selection and design of projects and programs.
(6) Identification and consideration of the water-related needs of
disadvantaged communities in the area within the boundaries of the
plan.
(7) Performance measures and monitoring to demonstrate progress
toward meeting regional objectives.
(8) A plan for implementation and financing of identified projects
and programs.
(9) Consideration of greenhouse gas emissions of identified
programs and projects.
(10) Evaluation of the adaptability to climate change of water
management systems in the region.
(11) Documentation of data and technical analyses used in the
development of the plan.
(12) A process to disseminate data and information related to the
development and implementation of the plan.
(13) A process to coordinate water management projects and
activities of participating local agencies and local stakeholders to
avoid conflicts and take advantage of efficiencies.
(14) If an area within the boundaries of the plan has been
identified as a nitrate high-risk area by the state board, the plan
shall include an explanation of how the plan addresses the nitrate
contamination or, if the plan does not address the nitrate
contamination, an explanation of why the plan does not address the
nitrate contamination.
(14)
(15) Any other matters identified by the department.
(f) The guidelines shall include standards for identifying a
region for the purpose of developing or modifying an integrated
regional water management plan. At a minimum, a region shall be a
contiguous geographic area encompassing the service areas of multiple
local agencies, and shall be defined to maximize opportunities for
integration of water management activities. The department shall
develop a process to approve the composition of a region for the
purposes of Sections 75026, 75027, and 75028 of the Public Resources
Code.
(g) The guidelines shall require that the development and
implementation of an integrated regional water management plan
include a public process that provides outreach and an opportunity to
participate in plan development and implementation to appropriate
local agencies and stakeholders, as applicable to the region,
including all of the following:
(1) Wholesale and retail water purveyors, including a local
agency, mutual water company, or a water corporation as defined in
Section 241 of the Public Utilities Code.
(2) Wastewater agencies.
(3) Flood control agencies.
(4) Municipal and county governments and special districts.
(5) Electrical corporations, as defined in Section 218 of the
Public Utilities Code.
(6) Native American tribes that have lands within the region.
(7) Self-supplied water users, including agricultural, industrial,
residential, park districts, school districts, colleges and
universities, and others.
(8) Environmental stewardship organizations, including watershed
groups, fishing groups, land conservancies, and environmental groups.
(9) Community organizations, including landowner organizations,
taxpayer groups, and recreational interests.
(10) Industry organizations representing agriculture, developers,
and other industries appropriate to the region.
(11) State, federal, and regional agencies or universities, with
specific responsibilities or knowledge within the region.
(12) Disadvantaged community members and representatives,
including environmental justice organizations, neighborhood councils,
and social justice organizations.
(13) Any other interested groups appropriate to the region.
(h) The guidelines shall require integrated regional water
management plans to be developed through a collaborative process that
makes public both of the following:
(1) The process by which decisions are made in consultation with
the persons or entities identified in subdivision (g).
(2) The manner in which a balance of interested persons or
entities representing different sectors and interests listed in
subdivision (g) have been or will be engaged in the process described
in this subdivision, regardless of their ability to contribute
financially to the plan.
(i) The guidelines shall provide for a process for the
development, periodic review, updating, and amending of integrated
regional water management plans. The department shall establish
eligibility requirements for the project funding, that provide
sufficient time for the updating of plans as necessary to reflect
changes in the guidelines.
SEC. 2. Section 10545 is added to the
Water Code , to read:
10545. When selecting projects pursuant to Section 75026 of the
Public Resources Code, the department shall provide a preference for
projects that implement integrated regional water management plans
that address nitrate impacts in areas that have been identified by
the state board as nitrate high-risk areas, including projects that
provide safe drinking water to small disadvantaged communities.
SECTION 1. Section 10910 of the Water Code is
amended to read:
10910. (a) Any city or county that determines that a project, as
defined in Section 10912, is subject to the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) under Section 21080 of the Public Resources
Code shall comply with this part.
(b) The city or county, at the time it determines whether an
environmental impact report, a negative declaration, or a mitigated
negative declaration is required for any project subject to the
California Environmental Quality Act pursuant to Section 21080.1 of
the Public Resources Code, shall identify any water system that is,
or may become as a result of supplying water to the project
identified pursuant to this subdivision, a public water system, as
defined in Section 10912, that may supply water for the project. If
the city or county is not able to identify any public water system
that may supply water for the project, the city or county shall
prepare the water assessment required by this part after consulting
with any entity serving domestic water supplies whose service area
includes the project site, the local agency formation commission, and
any public water system adjacent to the project site.
(c) (1) The city or county, at the time it makes the determination
required under Section 21080.1 of the Public Resources Code, shall
request each public water system identified pursuant to subdivision
(b) to determine whether the projected water demand associated with a
proposed project was included as part of the most recently adopted
urban water management plan adopted pursuant to Part 2.6 (commencing
with Section 10610).
(2) If the projected water demand associated with the proposed
project was accounted for in the most recently adopted urban water
management plan, the public water system may incorporate the
requested information from the urban water management plan in
preparing the elements of the assessment required to comply with
subdivisions (d), (e), (f), and (g).
(3) If the projected water demand associated with the proposed
project was not accounted for in the most recently adopted urban
water management plan, or the public water system has no urban water
management plan, the water supply assessment for the project shall
include a discussion with regard to whether the public water system's
total projected water supplies available during normal, single dry,
and multiple dry water years during a 20-year projection will meet
the projected water demand associated with the proposed project, in
addition to the public water system's existing and planned future
uses, including agricultural and manufacturing uses.
(4) If the city or county is required to comply with this part
pursuant to subdivision (b), the water supply assessment for the
project shall include a discussion with regard to whether the total
projected water supplies, determined to be available by the city or
county for the project during normal, single dry, and multiple dry
water years during a 20-year projection, will meet the projected
water demand associated with the proposed project, in addition to
existing and planned future uses, including agricultural and
manufacturing uses.
(d) (1) The assessment required by this section shall include an
identification of any existing water supply entitlements, water
rights, or water service contracts relevant to the identified water
supply for the proposed project, and a description of the quantities
of water received in prior years by the public water system, or the
city or county if either is required to comply with this part
pursuant to subdivision (b), under the existing water supply
entitlements, water rights, or water service contracts.
(2) An identification of existing water supply entitlements, water
rights, or water service contracts held by the public water system,
or the city or county if either is required to comply with this part
pursuant to subdivision (b), shall be demonstrated by providing
information related to all of the following:
(A) Written contracts or other proof of entitlement to an
identified water supply.
(B) Copies of a capital outlay program for financing the delivery
of a water supply that has been adopted by the public water system.
(C) Federal, state, and local permits for construction of
necessary infrastructure associated with delivering the water supply.
(D) Any necessary regulatory approvals that are required in order
to be able to convey or deliver the water supply.
(e) If no water has been received in prior years by the public
water system, or the city or county if either is required to comply
with this part pursuant to subdivision (b), under the existing water
supply entitlements, water rights, or water service contracts, the
public water system, or the city or county if either is required to
comply with this part pursuant to subdivision (b), shall also include
in its water supply assessment pursuant to subdivision (c), an
identification of the other public water systems or water service
contractholders that receive a water supply or have existing water
supply entitlements, water rights, or water service contracts, to the
same source of water as the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), has identified as a source of water supply within
its water supply assessments.
(f) If a water supply for a proposed project includes groundwater,
the following additional information shall be included in the water
supply assessment:
(1) A review of any information contained in the urban water
management plan relevant to the identified water supply for the
proposed project.
(2) A description of any groundwater basin or basins from which
the proposed project will be supplied. For those basins for which a
court or the board has adjudicated the rights to pump groundwater, a
copy of the order or decree adopted by the court or the board and a
description of the amount of groundwater the public water system, or
the city or county if either is required to comply with this part
pursuant to subdivision (b), has the legal right to pump under the
order or decree. For basins that have not been adjudicated,
information as to whether the department has identified the basin or
basins as overdrafted or has projected that the basin will become
overdrafted if present management conditions continue, in the most
current bulletin of the department that characterizes the condition
of the groundwater basin, and a detailed description by the public
water system, or the city or county if either is required to comply
with this part pursuant to subdivision (b), of the efforts being
undertaken in the basin or basins to eliminate the long-term
overdraft condition.
(3) A detailed description and analysis of the amount and location
of groundwater pumped by the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), for the past five years from any groundwater basin
from which the proposed project will be supplied. The description and
analysis shall be based on information that is reasonably available,
including, but not limited to, historic use records.
(4) A detailed description and analysis of the amount and location
of groundwater that is projected to be pumped by the public water
system, or the city or county if either is required to comply with
this part pursuant to subdivision (b), from any basin from which the
proposed project will be supplied. The description and analysis shall
be based on information that is reasonably available, including, but
not limited to, historic use records.
(5) An analysis of the sufficiency of the groundwater from the
basin or basins from which the proposed project will be supplied to
meet the projected water demand associated with the proposed project.
A water supply assessment shall not be required to include the
information required by this paragraph if the public water system
determines, as part of the review required by paragraph (1), that the
sufficiency of groundwater necessary to meet the initial and
projected water demand associated with the project was addressed in
the description and analysis required by paragraph (4) of subdivision
(b) of Section 10631.
(g) (1) Subject to paragraph (2), the governing body of each
public water system shall submit the assessment to the city or county
not later than 90 days from the date on which the request was
received. The governing body of each public water system, or the city
or county if either is required to comply with this act pursuant to
subdivision (b), shall approve the assessment prepared pursuant to
this section at a regular or special meeting.
(2) Prior to the expiration of the 90-day period, if the public
water system intends to request an extension of time to prepare and
adopt the assessment, the public water system shall meet with the
city or county to request an extension of time, which shall not
exceed 30 days, to prepare and adopt the assessment.
(3) If the public water system fails to request an extension of
time, or fails to submit the assessment notwithstanding the extension
of time granted pursuant to paragraph (2), the city or county may
seek a writ of mandamus to compel the governing body of the public
water system to comply with the requirements of this part relating to
the submission of the water supply assessment.
(h) Notwithstanding any other provision of this part, if a project
has been the subject of a water supply assessment that complies with
the requirements of this part, no additional water supply assessment
shall be required for subsequent projects that were part of a larger
project for which a water supply assessment was completed and that
has complied with the requirements of this part and for which the
public water system, or the city or county if either is required to
comply with this part pursuant to subdivision (b), has concluded that
its water supplies are sufficient to meet the projected water demand
associated with the proposed project, in addition to the existing
and planned future uses, including, but not limited to, agricultural
and industrial uses, unless one or more of the following changes
occurs:
(1) Changes in the project that result in a substantial increase
in water demand for the project.
(2) Changes in the circumstances or conditions substantially
affecting the ability of the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), to provide a sufficient supply of water for the
project.
(3) Significant new information becomes available which was not
known and could not have been known at the time when the assessment
was prepared.