Amended in Senate June 3, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2067

Introduced by Assembly Member Weber

February 20, 2014

An act to amend begin delete Section end delete begin insert Sections 10608.42, 10621, end insert 10631 begin insert , and 10632 end insert of the Water Code, relating to water management.

LEGISLATIVE COUNSEL’S DIGEST

AB 2067, as amended, Weber. Urban water management plans.

Existing law, the Urban Water Management Planning Act, requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan begin insert and to update its plan once every 5 years on or before December 31 in years ending in 5 and zero end insert . The act requires the plan to, among other things, include a description of each water demand management measure that is currently being implemented, and an evaluation of specified water demand management measures that are not currently being implemented or scheduled for implementation.

The bill would instead require an urban retail water supplier and an urban wholesale water supplier to provide narratives describing the supplier’s water demand management measures, as provided. The bill would require, for urban retail water suppliers, the narrative to address the nature and extent of each water demand management measure implemented over the past 5 years and describe the water demand management measures that the supplier plans to implement to achieve its water use targets. begin insert The bill would require each urban water supplier to submit its 2015 plan to the Department of Water Resources by July 1, 2016. end insert

begin insert

Existing law imposes various water use reduction requirements that apply to urban retail water suppliers, including a requirement that the state achieve a 20% reduction in urban per capita water use by December 31, 2020. Existing law requires an urban retail water supplier to develop urban water use targets and to report to the Department of Water Resources its progress on meeting its urban water use target as a part of its urban water management plan. Existing law requires an urban wholesale water supplier to include in its urban water management plan an assessment of its measures, programs, and policies to help achieve the required water use reductions. Existing law requires, by December 31, 2016, the department to review the 2015 urban water management plans and report to the Legislature on the progress towards achieving the 20% reduction in urban water use.

end insert begin insert

The bill would extend the date by which the department is required to review the plans and report to the Legislature to July 1, 2017.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 10608.42 of the end insert begin insert Water Code end insert begin insert is amended
to read: end insert

10608.42.  

begin insert (a) end insert begin insert   end insert The department shall review the 2015 urban
water management plans and report to the Legislature by begin delete December
31, 2016 end delete begin insert July 1, 2017 end insert , on progress towards achieving a 20-percent
reduction in urban water use by December 31, 2020. The report
shall include recommendations on changes to water efficiency
standards or urban water use targets begin delete in order end delete to achieve the
20-percent reduction and to reflect updated efficiency information
and technology changes.

begin insert

(b) A report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795 of the Government
Code.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10621 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10621.  

(a) Each urban water supplier shall update its plan at
least once every five years on or before December 31, in years
ending in five and zero begin insert , except as provided in subdivision (d) end insert .

(b) Every urban water supplier required to prepare a plan
pursuant to this part shall, at least 60 days begin delete prior to end delete begin insert before end insert the public
hearing on the plan required by Section 10642, notify any city or
county within which the supplier provides water supplies that the
urban water supplier will be reviewing the plan and considering
amendments or changes to the plan. The urban water supplier may
consult with, and obtain comments from, any city or county that
receives notice pursuant to this subdivision.

(c) The amendments to, or changes in, the plan shall be adopted
and filed in the manner set forth in Article 3 (commencing with
Section 10640).

begin insert

(d) Each urban water supplier shall update and submit its 2015
plan to the department by July 1, 2016.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Section 10631 of the Water Code is amended to read:

10631.  

A plan shall be adopted in accordance with this chapter
that shall do all of the following:

(a) Describe the service area of the supplier, including current
and projected population, climate, and other demographic factors
affecting the supplier’s water management planning. The projected
population estimates shall be based upon data from the state,
regional, or local service agency population projections within the
service area of the urban water supplier and shall be in five-year
increments to 20 years or as far as data is available.

(b) Identify and quantify, to the extent practicable, the existing
and planned sources of water available to the supplier over the
same five-year increments described in subdivision (a). If
groundwater is identified as an existing or planned source of water
available to the supplier, all of the following information shall be
included in the plan:

(1) A copy of any groundwater management plan adopted by
the urban water supplier, including plans adopted pursuant to Part
2.75 (commencing with Section 10750), or any other specific
authorization for groundwater management.

(2) A description of any groundwater basin or basins from which
the urban water supplier pumps groundwater. For begin delete those end delete basins begin delete for
which end delete begin insert that end insert 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
urban water supplier 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
official departmental bulletin that characterizes the condition of
the groundwater basin, and a detailed description of the efforts
being undertaken by the urban water supplier to eliminate the
long-term overdraft condition.

(3) A detailed description and analysis of the location, amount,
and sufficiency of groundwater pumped by the urban water supplier
for the past five years. 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
urban water supplier. The description and analysis shall be based
on information that is reasonably available, including, but not
limited to, historic use records.

(c) (1) Describe the reliability of the water supply and
vulnerability to seasonal or climatic shortage, to the extent
practicable, and provide data for each of the following:

(A) An average water year.

(B) A single dry water year.

(C) Multiple dry water years.

(2) For any water source that may not be available at a consistent
level of use, given specific legal, environmental, water quality, or
climatic factors, describe plans to supplement or replace that source
with alternative sources or water demand management measures,
to the extent practicable.

(d) Describe the opportunities for exchanges or transfers of
water on a short-term or long-term basis.

(e) (1) Quantify, to the extent records are available, past and
current water use, over the same five-year increments described
in subdivision (a), and projected water use, identifying the uses
among water use sectors, including, but not necessarily limited to,
all of the following uses:

(A) Single-family residential.

(B) Multifamily.

(C) Commercial.

(D) Industrial.

(E) Institutional and governmental.

(F) Landscape.

(G) Sales to other agencies.

(H) Saline water intrusion barriers, groundwater recharge, or
conjunctive use, or any combination thereof.

(I) Agricultural.

(2) The water use projections shall be in the same five-year
increments described in subdivision (a).

(f) Provide a description of the supplier’s water demand
management measures. This description shall include all of the
following:

(1) (A) For an urban retail water supplier, as defined in Section
10608.12, a narrative description that addresses the nature and
extent of each water demand management measure implemented
over the past five years. The narrative shall describe the water
demand management measures that the supplier plans to implement
to achieve its water use targets pursuant to Section 10608.20.

(B) The narrative pursuant to this paragraph shall include
descriptions of the following water demand management measures:

(i) Water waste prevention ordinances.

(ii) Metering.

(iii) Conservation pricing.

(iv) Public education and outreach.

(v) Programs to assess and manage distribution system real loss.

(vi) Water conservation program coordination and staffing
support.

(vii) Other demand management measures that have a significant
impact on water use as measured in gallons per capita per day,
including innovative measures, if implemented.

(2) For an urban wholesale water supplier, as defined in Section
10608.12, a narrative description of the items in clauses (ii), (iv),
(vi), and (vii) of subparagraph (B) of paragraph (1), and a narrative
description of its distribution system asset management and
wholesale supplier assistance programs.

(g) Include a description of all water supply projects and water
supply programs that may be undertaken by the urban water
supplier to meet the total projected water use as established
pursuant to subdivision (a) of Section 10635. The urban water
supplier shall include a detailed description of expected future
projects and programs that the urban water supplier may implement
to increase the amount of the water supply available to the urban
water supplier in average, begin delete single-dry, and multiple-dry end delete begin insert single dry,
and multiple dry end insert water years. The description shall identify specific
projects and include a description of the increase in water supply
that is expected to be available from each project. The description
shall include an estimate with regard to the implementation timeline
for each project or program.

(h) Describe the opportunities for development of desalinated
water, including, but not limited to, ocean water, brackish water,
and groundwater, as a long-term supply.

(i) For purposes of this part, urban water suppliers that are
members of the California Urban Water Conservation Council
shall be deemed in compliance with the requirements of subdivision
(f) by complying with all the provisions of the “Memorandum of
Understanding Regarding Urban Water Conservation in
California,” dated December 10, 2008, as it may be amended, and
by submitting the annual reports required by Section 6.2 of that
memorandum.

(j) Urban water suppliers that rely upon a wholesale agency for
a source of water shall provide the wholesale agency with water
use projections from that agency for that source of water in
five-year increments to 20 years or as far as data is available. The
wholesale agency shall provide information to the urban water
supplier for inclusion in the urban water supplier’s plan that
identifies and quantifies, to the extent practicable, the existing and
planned sources of water as required by subdivision (b), available
from the wholesale agency to the urban water supplier over the
same five-year increments, and during various water-year types
in accordance with subdivision (c). An urban water supplier may
rely upon water supply information provided by the wholesale
agency in fulfilling the plan informational requirements of
subdivisions (b) and (c).

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 10632 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10632.  

(a) The plan shall provide an urban water shortage
contingency analysis that includes each of the following elements
that are within the authority of the urban water supplier:

(1) Stages of action to be undertaken by the urban water supplier
in response to water supply shortages, including up to a 50 percent
reduction in water supply, and an outline of specific water supply
conditions that are applicable to each stage.

(2) An estimate of the minimum water supply available during
each of the next three water years based on the driest three-year
historic sequence for the agency’s water supply.

(3) Actions to be undertaken by the urban water supplier to
prepare for, and implement during, a catastrophic interruption of
water supplies including, but not limited to, a regional power
outage, an earthquake, or other disaster.

(4) Additional, mandatory prohibitions against specific water
use practices during water shortages, including, but not limited to,
prohibiting the use of potable water for street cleaning.

(5) Consumption reduction methods in the most restrictive
stages. Each urban water supplier may use any type of consumption
reduction methods in its water shortage contingency analysis that
would reduce water use, are appropriate for its area, and have the
ability to achieve a water use reduction consistent with up to a 50
percent reduction in water supply.

(6) Penalties or charges for excessive use, where applicable.

(7) An analysis of the impacts of each of the actions and
conditions described in paragraphs (1) to (6), inclusive, on the
revenues and expenditures of the urban water supplier, and
proposed measures to overcome those impacts, such as the
development of reserves and rate adjustments.

(8) A draft water shortage contingency resolution or ordinance.

(9) A mechanism for determining actual reductions in water use
pursuant to the urban water shortage contingency analysis.

(b) Commencing with the urban water management plan update
due begin delete December 31, 2015 end delete begin insert July 1, 2016 end insert , for purposes of developing
the water shortage contingency analysis pursuant to subdivision
(a), the urban water supplier shall analyze and define water features
that are artificially supplied with water, including ponds, lakes,
waterfalls, and fountains, separately from swimming pools and
spas, as defined in subdivision (a) of Section 115921 of the Health
and Safety Code.