BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                       CONSENT


          Bill No:  AB 1896
          Author:   V. Manuel Pérez (D)
          Amended:  4/7/14 in Assembly
          Vote:     21

           
           SENATE NATURAL RESOURCES AND WATER COMMITTEE  :  9-0, 6/10/14
          AYES:  Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,  
            Monning, Wolk

           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  6-0, 6/25/14
          AYES:  Hill, Gaines, Hancock, Jackson, Leno, Pavley
          NO VOTE RECORDED:  Fuller

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  75-0, 5/19/14 - See last page for vote


           SUBJECT  :    Coachella Valley Water District:  nonpotable water  
          use

           SOURCE  :     Coachella Valley Water District


           DIGEST  :    This bill adds landscaped common areas of residential  
          developments maintained by a homeowners 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.

           ANALYSIS  :    

                                                                CONTINUED





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          Existing law:

          1. Requires under the California Constitution Article X, Section  
             2 of requires the prevention of waste or unreasonable use of  
             water.  It further provides that the right to water does not  
             extend to water that is wasted or unreasonably used.

          2. 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 CVWD determines that suitable nonpotable  
             water is available, as specified, and other requirements are  
             met.

          This bill:

          1. Extends, for the CVWD, the application of Article X, Section  
             2 to landscaped common areas of residential developments  
             maintained by a homeowner's association.

          2. Makes legislative findings about the challenges of water  
             management in the Coachella Valley. 

           Background
           
           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  
          significantly-sized aquifer is in a state of overdraft.  Because  
          of this, the CVWD, the sponsor of this 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  







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          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/4/14)

          Coachella Valley Water District (source)
          Association of California Water Agencies
          City of Palm Desert
          Desert Valleys Builders Association

           ARGUMENTS IN SUPPORT  :    According to the Desert Valley Builders  
          Association this bill, "will allow the CVWD to, when cost  
          effective, transition the landscaped common areas of residential  
          developments maintained by homeowners associations to the use of  
          non-potable water for irrigation.  
           
          "The Coachella Valley's aquifer is in a state of overdraft.   
          While the CVWD has instituted an aggressive replenishment  
          program to replenish the aquifer, additional, meaningful  
          opportunities for groundwater still exist.  The best public  
          policy is to reduce demand on the aquifer by substituting the  
          use of ground water for non-potable water when doing so is  
          cost-effective and feasible.







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          "Substituting ground water for non-potable water will not only  
          reduce demand on the aquifer, but has the added benefit of  
          helping to replenish the aquifer as up to 40% of the non-potable  
          water used in lieu of groundwater will percolate back into the  
          aquifer."


           ASSEMBLY FLOOR  :  75-0, 5/19/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,  
            Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden,  
            Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,  
            Maienschein, Medina, Melendez, Mullin, Muratsuchi, Olsen, Pan,  
            Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,  
            Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,  
            Williams, Yamada, Atkins
          NO VOTE RECORDED:  Donnelly, Mansoor, Nazarian, Nestande,  
            Vacancy


          RM:d  8/4/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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