BILL NUMBER: AB 1896 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 7, 2014
PASSED THE ASSEMBLY MAY 19, 2014
AMENDED IN ASSEMBLY APRIL 7, 2014
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 19, 2014
An act to amend Sections 32601 and 32602 of the Water Code,
relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 1896, V. Manuel Pérez. Coachella Valley Water District:
nonpotable water use.
Existing law, the County Water District Law, governs the
operations of the Coachella Valley Water District. Existing law
prohibits a person or local public agency from using, within the
district's service area, water from any source that is suitable for
potable domestic use for nonpotable uses for cemeteries, parks,
highway landscaped areas, new industrial facilities, and golf course
irrigation if the board of directors of the district determines that
suitable nonpotable water is available, as specified, and other
requirements are met.
This bill would add the use of potable domestic water for
landscaped common areas of residential developments maintained by a
homeowner's association as a prohibited use if the board of directors
of the district determines that suitable nonpotable water is
available.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Coachella Valley Water
District.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The Coachella Valley aquifer is in a state of overdraft with
an urgent need to conserve and efficiently use potable quality
groundwater.
(b) Expanded nonpotable water use for landscaping is a key part in
a regional water plan for the Coachella Valley.
(c) Existing law requires that the Board of Directors of the
Coachella Valley Water District determine that nonpotable water can
be supplied at a reasonable cost and requires that the board include
in the determination of providing nonpotable water at a designated
site that the present and projected costs of supplying and delivering
nonpotable water will be cost effective at a cost comparable to, or
less than, the cost of supplying potable domestic water.
SEC. 2. Section 32601 of the Water Code is amended to read:
32601. (a) The Legislature hereby finds and declares that the use
of potable domestic water for nonpotable uses for cemeteries, parks,
highway landscaped areas, new industrial facilities, landscaped
common areas of residential developments maintained by a homeowner's
association, and golf course irrigation is a waste and an
unreasonable use of the water within the meaning of Section 2 of
Article X of the California Constitution, if nonpotable water,
including recycled water, is available under all of the following
conditions as determined by the board, after notice to any person or
local public agency that may be ordered to use nonpotable water or to
cease using potable water and a hearing held by the board if
requested by the person or local public agency:
(1) The board determines that the source of nonpotable water is of
adequate quality for the proposed use and is available for that use.
In determining adequate quality, the board shall consider all
relevant factors, including, but not limited to, food and employee
safety, and level and types of specific constituents in the
nonpotable water affecting the use, on a user-by-user basis. In
addition, the board shall consider the effect of the use of
nonpotable water in lieu of potable water on the generation of
hazardous waste and on the quality of wastewater discharges subject
to permit.
(2) The board determines that the nonpotable water may be
furnished for the proposed use at a reasonable cost to the user. In
determining reasonable cost, the board shall consider all relevant
factors, including, but not limited to, the present and projected
costs of supplying, delivering, and treating potable domestic water
for the proposed use and the present and projected costs of supplying
and delivering nonpotable water for that use, and finds that the
cost of supplying the nonpotable water is comparable to, or less
than, the cost of supplying potable domestic water.
(3) The State Department of Public Health determines that the use
of nonpotable water from the proposed source will not be detrimental
to public health.
(4) The California regional water quality control board determines
that the use of nonpotable water from the proposed source will
comply with any applicable water quality control plan.
(5) The board determines that the use of nonpotable water for the
proposed use will not adversely affect groundwater rights, will not
degrade water quality, and is determined not to be injurious to plant
life, fish, and wildlife.
(b) In making the determination described in subdivision (a), the
board shall consider the impact of the cost and quality of the
nonpotable water on each individual user.
(c) The board may require a person or public agency to furnish
information that the board determines to be relevant to making the
determinations described in subdivision (a).
SEC. 3. Section 32602 of the Water Code is amended to read:
32602. Notwithstanding any other provision of law, but subject to
the other requirements of this part, no person or local public
agency shall use water within the district's service area from any
source that is suitable for potable domestic use for nonpotable uses
for cemeteries, parks, highway landscaped areas, new industrial
facilities, landscaped common areas of residential developments
maintained by a homeowner's association, and golf course irrigation,
if the board, in accordance with Section 32601, determines that
suitable nonpotable water is available.
SEC. 4. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances in the service area of the
Coachella Valley Water District.