BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1896
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          ASSEMBLY THIRD READING
          AB 1896 (V. Manuel Pérez)
          As Amended  April 7, 2014
          Majority vote 

           ENVIRONMENTAL SAFETY      6-0   APPROPRIATIONS      16-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Alejo, Dahle, Bloom,      |Ayes:|Gatto, Bigelow,           |
          |     |Gomez, Lowenthal, Ting    |     |Bocanegra, Bradford, Ian  |
          |     |                          |     |Calderon, Campos, Eggman, |
          |     |                          |     |Gomez, Holden, Jones,     |
          |     |                          |     |Linder, Pan, Quirk,       |
          |     |                          |     |Ridley-Thomas, Wagner,    |
          |     |                          |     |Weber                     |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Adds landscaped common areas of residential  
          developments maintained by a homeowner's association to those  
          entities within the Coachella Valley Water District (CVWD)  
          service area for which a person or local public agency is  
          prohibited from using potable water for nonpotable uses.   
          Specifically,  this bill  : 

          1)Adds landscaped common areas of residential developments  
            maintained by a homeowner's association to those entities  
            within the CVWD service area for which a person or local  
            public agency is prohibited from using potable water for  
            nonpotable uses if the Board of Directors of the CVWD (Board)  
            determines that suitable nonpotable water is available. 

          2)Makes legislative findings regarding the overdraft status of  
            the Coachella Valley aquifer; stating that expanded nonpotable  
            water use for landscaping is a key part in a regional water  
            plan for the Coachella Valley; and, regarding existing  
            requirements on the Board to manage nonpotable and potable  
            domestic water.

          3)Adds, within the CVWD service area, landscaped common areas of  
            residential developments to the list of entities whose use of  
            potable water for nonpotable uses is considered a waste and  
            unreasonable use of water within the meaning of the California  
            Constitution Article X Section 2 if nonpotable water is  








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            available, under specified conditions.  

           EXISTING LAW  :

          1)Provides that the right to use water does not extend to waste  
            or unreasonable use of the water. (California Constitution  
            Article X Section 2)  

          2)Provides that, within CVWD's service area, the use of potable  
            domestic water for nonpotable uses for cemeteries, parks,  
            highway landscaped areas, new industrial facilities, and golf  
            course irrigation is a waste and an unreasonable use of water  
            within the meaning of the California Constitution Article X  
            Section 2 if nonpotable water is available that meets  
            specified conditions, including quantity, quality, and cost,  
            as determined by the CVWD. (Water Code Section 32601)

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, no direct state costs.  Any costs incurred by the  
          CVWD to enforce this prohibition would be covered by local water  
          user fee revenue.

           COMMENTS  :   

          Need for the bill:  According to the author, "The Coachella  
          Valley aquifers are over-drafted and CVWD and other area water  
          districts have aggressive and expanding replenishment programs  
          in place? The 2006 non-potable bill identified five areas in  
          which non-potable water could be substituted for domestic  
          quality groundwater:  cemeteries, parks, highway landscaped  
          areas, new industrial facilities, and golf course irrigation?  
          Since homeowner associations (HOA) are frequently managers of  
          private golf courses, it simply makes sense to request the  
          Legislature to expand the list to include common landscaped  
          areas managed by the homeowner's associations to be added to the  
          mandate to use non-potable water when it is available and after  
          a public discussing in the Board for each development is held."

          Groundwater in the Coachella Valley:  According to the CVWD,  
          groundwater is the source of virtually all drinking water and  
          other domestic water in the Coachella Valley.  Potable water is  
          currently utilized for many nonpotable purposes, including  
          irrigation for golf courses and other outdoor landscaping.  CVWD  
          states that as a result, the Coachella Valley's  








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          significantly-sized aquifer is in a state of overdraft.  Because  
          of this, the CVWD, the sponsors of the bill, are seeking to  
          limit nonpotable uses of potable water if there is suitable  
          nonpotable water available.   
           
          A waste or an unreasonable use of water:  In California, the use  
          of potable domestic water for nonpotable purposes is a waste or  
          unreasonable use within the meaning of the California  
          Constitution Article X Section 2 if nonpotable water is  
          available that meets specific conditions.  Those conditions  
          include that the nonpotable water is of adequate quality, is  
          furnished at a reasonable cost, meets public health  
          requirements, will not adversely affect downstream water rights,  
          and will not degrade the environment.  This means that if  
          nonpotable water is available that meets the conditions  
          established in statute, and a water user instead uses potable  
          water for the uses limited by statute, the water rights  
          associated with the potable water are at risk of violating  
          California Constitution Article X Section 2.
           
           Current limitations on uses of potable domestic water:  SB 1557  
          (Ducheny), Chapter 67, Statutes of 2006, prohibits a person or  
          local public agency from using, within the CVWD's service area,  
          water from any source that is suitable for potable domestic use  
          for specified nonpotable uses if the Board determines, after  
          notice and an opportunity for hearing, that suitable nonpotable  
          water is available, as specified, and other requirements are  
          met.  SB 1577 listed cemeteries, parks, highway landscaped  
          areas, new industrial facilities, and golf course irrigation as  
          entities prohibited from using potable water if nonpotable water  
          is available.  

          This bill seeks to add landscaped common areas of residential  
          developments maintained by a homeowner's association to those  
          entities within the CVWD service area for which a person or  
          local public agency is prohibited from using potable water for  
          nonpotable uses.


           Analysis Prepared by  :    Shannon McKinney / E.S. & T.M. / (916)  
          319-3965


                                                                FN: 0003363








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