Amended in Senate August 7, 2014

Amended in Senate June 3, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2067


Introduced by Assembly Member Weber

February 20, 2014


An act to amend Sections 10608.42, 10621, 10631, and 10632 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 and to update its plan once every 5 years on or before December 31 in years ending in 5 and zero. 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. The bill would require each urban water supplier to submit its 2015 plan to the Department of Water Resources by July 1, 2016.

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.

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.

begin insert

This bill would incorporate additional changes to Section 10631 of the Water Code proposed by SB 1420 that would become operative if this bill and SB 1420 are both enacted and this bill is enacted last.

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:

P2    1

SECTION 1.  

Section 10608.42 of the Water Code is amended
2to read:

3

10608.42.  

(a) The department shall review the 2015 urban
4water management plans and report to the Legislature by July 1,
52017, on progress towards achieving a 20-percent reduction in
6urban water use by December 31, 2020. The report shall include
7recommendations on changes to water efficiency standards or
8urban water use targets to achieve the 20-percent reduction and to
9reflect updated efficiency information and technology changes.

10(b) A report to be submitted pursuant to subdivision (a) shall
11be submitted in compliance with Section 9795 of the Government
12Code.

13

SEC. 2.  

Section 10621 of the Water Code is amended to read:

P3    1

10621.  

(a) Each urban water supplier shall update its plan at
2least once every five years on or before December 31, in years
3ending in five and zero, except as provided in subdivision (d).

4(b) Every urban water supplier required to prepare a plan
5pursuant to this part shall, at least 60 days before the public hearing
6on the plan required by Section 10642, notify any city or county
7within which the supplier provides water supplies that the urban
8water supplier will be reviewing the plan and considering
9amendments or changes to the plan. The urban water supplier may
10consult with, and obtain comments from, any city or county that
11receives notice pursuant to this subdivision.

12(c) The amendments to, or changes in, the plan shall be adopted
13and filed in the manner set forth in Article 3 (commencing with
14Section 10640).

15(d) Each urban water supplier shall update and submit its 2015
16plan to the department by July 1, 2016.

17

SEC. 3.  

Section 10631 of the Water Code is amended to read:

18

10631.  

A plan shall be adopted in accordance with this chapter
19that shall do all of the following:

20(a) Describe the service area of the supplier, including current
21and projected population, climate, and other demographic factors
22affecting the supplier’s water management planning. The projected
23population estimates shall be based upon data from the state,
24regional, or local service agency population projections within the
25service area of the urban water supplier and shall be in five-year
26increments to 20 years or as far as data is available.

27(b) Identify and quantify, to the extent practicable, the existing
28and planned sources of water available to the supplier over the
29same five-year increments described in subdivision (a). If
30 groundwater is identified as an existing or planned source of water
31available to the supplier, all of the following information shall be
32included in the plan:

33(1) A copy of any groundwater management plan adopted by
34the urban water supplier, including plans adopted pursuant to Part
352.75 (commencing with Section 10750), or any other specific
36authorization for groundwater management.

37(2) A description of any groundwater basin or basins from which
38the urban water supplier pumps groundwater. For basins that a
39court or the board has adjudicated the rights to pump groundwater,
40a copy of the order or decree adopted by the court or the board and
P4    1a description of the amount of groundwater the urban water supplier
2has the legal right to pump under the order or decree. For basins
3that have not been adjudicated, information as to whether the
4department has identified the basin or basins as overdrafted or has
5projected that the basin will become overdrafted if present
6management conditions continue, in the most current official
7departmental bulletin that characterizes the condition of the
8groundwater basin, and a detailed description of the efforts being
9undertaken by the urban water supplier to eliminate the long-term
10overdraft condition.

11(3) A detailed description and analysis of the location, amount,
12and sufficiency of groundwater pumped by the urban water supplier
13for the past five years. The description and analysis shall be based
14on information that is reasonably available, including, but not
15limited to, historic use records.

16(4) A detailed description and analysis of the amount and
17location of groundwater that is projected to be pumped by the
18urban water supplier. The description and analysis shall be based
19on information that is reasonably available, including, but not
20limited to, historic use records.

21(c) (1) Describe the reliability of the water supply and
22vulnerability to seasonal or climatic shortage, to the extent
23practicable, and provide data for each of the following:

24(A) An average water year.

25(B) Abegin delete single dryend deletebegin insert single-dryend insert water year.

26(C) begin deleteMultiple dry end deletebegin insertMultiple-dry end insertwater years.

27(2) For any water source that may not be available at a consistent
28level of use, given specific legal, environmental, water quality, or
29climatic factors, describe plans to supplement or replace that source
30with alternative sources or water demand management measures,
31to the extent practicable.

32(d) Describe the opportunities for exchanges or transfers of
33water on a short-term or long-term basis.

34(e) (1) Quantify, to the extent records are available, past and
35current water use, over the same five-year increments described
36in subdivision (a), and projected water use, identifying the uses
37among water use sectors, including, but not necessarily limited to,
38all of the following uses:

39(A) Single-family residential.

40(B) Multifamily.

P5    1(C) Commercial.

2(D) Industrial.

3(E) Institutional and governmental.

4(F) Landscape.

5(G) Sales to other agencies.

6(H) Saline water intrusion barriers, groundwater recharge, or
7conjunctive use, or any combination thereof.

8(I) Agricultural.

9(2) The water use projections shall be in the same five-year
10increments described in subdivision (a).

11(f) Provide a description of the supplier’s water demand
12management measures. This description shall include all of the
13following:

14(1) (A) For an urban retail water supplier, as defined in Section
1510608.12, a narrative description that addresses the nature and
16extent of each water demand management measure implemented
17over the past five years. The narrative shall describe the water
18demand management measures that the supplier plans to implement
19to achieve its water use targets pursuant to Section 10608.20.

20(B) The narrative pursuant to this paragraph shall include
21descriptions of the following water demand management measures:

22(i) Water waste prevention ordinances.

23(ii) Metering.

24(iii) Conservation pricing.

25(iv) Public education and outreach.

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

27(vi) Water conservation program coordination and staffing
28support.

29(vii) Other demand management measures that have a significant
30impact on water use as measured in gallons per capita per day,
31including innovative measures, if implemented.

32(2) For an urban wholesale water supplier, as defined in Section
3310608.12, a narrative description of the items in clauses (ii), (iv),
34(vi), and (vii) of subparagraph (B) of paragraph (1), and a narrative
35description of its distribution system asset management and
36wholesale supplier assistance programs.

37(g) Include a description of all water supply projects and water
38supply programs that may be undertaken by the urban water
39supplier to meet the total projected waterbegin delete useend deletebegin insert use,end insert as established
40pursuant to subdivision (a) of Section 10635. The urban water
P6    1supplier shall include a detailed description of expected future
2projects and programs that the urban water supplier may implement
3to increase the amount of the water supply available to the urban
4water supplier in average,begin delete single dry, and multiple dryend deletebegin insert single-dry,
5and multiple-dryend insert
water years. The description shall identify specific
6projects and include a description of the increase in water supply
7that is expected to be available from each project. The description
8shall include an estimate with regard to the implementation timeline
9for each project or program.

10(h) Describe the opportunities for development of desalinated
11water, including, but not limited to, ocean water, brackish water,
12and groundwater, as a long-term supply.

13(i) For purposes of this part, urban water suppliers that are
14members of the California Urban Water Conservation Council
15shall be deemed in compliance with the requirements of subdivision
16(f) by complying with all the provisions of the “Memorandum of
17Understanding Regarding Urban Water Conservation in
18California,” dated December 10, 2008, as it may be amended, and
19by submitting the annual reports required by Section 6.2 of that
20memorandum.

21(j) Urban water suppliers that rely upon a wholesale agency for
22a source of water shall provide the wholesale agency with water
23use projections from that agency for that source of water in
24five-year increments to 20 years or as far as data is available. The
25wholesale agency shall provide information to the urban water
26supplier for inclusion in the urban water supplier’s plan that
27identifies and quantifies, to the extent practicable, the existing and
28planned sources of water as required by subdivision (b), available
29from the wholesale agency to the urban water supplier over the
30same five-year increments, and during various water-year types
31in accordance with subdivision (c). An urban water supplier may
32rely upon water supply information provided by the wholesale
33agency in fulfilling the plan informational requirements of
34subdivisions (b) and (c).

35begin insert

begin insertSEC. 3.5.end insert  

end insert

begin insertSection 10631 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

36

10631.  

A plan shall be adopted in accordance with this chapter
37that shall do all of the following:

38(a) Describe the service area of the supplier, including current
39and projected population, climate, and other demographic factors
40affecting the supplier’s water management planning. The projected
P7    1population estimates shall be based upon data from the state,
2regional, or local service agency population projections within the
3service area of the urban water supplier and shall be in five-year
4increments to 20 years or as far as data is available.

5(b) Identify and quantify, to the extent practicable, the existing
6and planned sources of water available to the supplier over the
7same five-year increments described in subdivision (a). If
8 groundwater is identified as an existing or planned source of water
9available to the supplier, all of the following information shall be
10included in the plan:

11(1) A copy of any groundwater management plan adopted by
12the urban water supplier, including plans adopted pursuant to Part
132.75 (commencing with Section 10750), or any other specific
14authorization for groundwater management.

15(2) A description of any groundwater basin or basins from which
16the urban water supplier pumps groundwater. Forbegin delete thoseend delete basinsbegin delete for
17whichend delete
begin insert thatend insert a court or the board has adjudicated the rights to pump
18groundwater, a copy of the order or decree adopted by the court
19or the board and a description of the amount of groundwater the
20urban water supplier has the legal right to pump under the order
21or decree. For basins that have not been adjudicated, information
22as to whether the department has identified the basin or basins as
23overdrafted or has projected that the basin will become overdrafted
24if present management conditions continue, in the most current
25official departmental bulletin that characterizes the condition of
26the groundwater basin, and a detailed description of the efforts
27being undertaken by the urban water supplier to eliminate the
28long-term overdraft condition.

29(3) A detailed description and analysis of the location, amount,
30and sufficiency of groundwater pumped by the urban water supplier
31for the past five years. The description and analysis shall be based
32on information that is reasonably available, including, but not
33limited to, historic use records.

34(4) A detailed description and analysis of the amount and
35location of groundwater that is projected to be pumped by the
36urban water supplier. The description and analysis shall be based
37on information that is reasonably available, including, but not
38limited to, historic use records.

P8    1(c) (1) Describe the reliability of the water supply and
2vulnerability to seasonal or climatic shortage, to the extent
3practicable, and provide data for each of the following:

4(A) An average water year.

5(B) Abegin delete single dryend deletebegin insert single-dryend insert water year.

6(C) begin deleteMultiple dry end deletebegin insertMultiple-dry end insertwater years.

7(2) For any water source that may not be available at a consistent
8level of use, given specific legal, environmental, water quality, or
9climatic factors, describe plans to supplement or replace that source
10with alternative sources or water demand management measures,
11to the extent practicable.

12(d) Describe the opportunities for exchanges or transfers of
13water on a short-term or long-term basis.

14(e) (1) Quantify, to the extent records are available, past and
15current water use, over the same five-year increments described
16in subdivision (a), and projected water use, identifying the uses
17among water use sectors, including, but not necessarily limited to,
18all of the following uses:

19(A) Single-family residential.

20(B) Multifamily.

21(C) Commercial.

22(D) Industrial.

23(E) Institutional and governmental.

24(F) Landscape.

25(G) Sales to other agencies.

26(H) Saline water intrusion barriers, groundwater recharge, or
27conjunctive use, or any combination thereof.

28(I) Agricultural.

begin insert

29(J) Distribution system water loss.

end insert

30(2) The water use projections shall be in the same five-year
31increments described in subdivision (a).

begin insert

32(3) (A) For the 2015 urban water management plan update,
33the distribution system water loss shall be quantified for the most
34recent 12-month period available. For all subsequent updates, the
35distribution system water loss shall be quantified for each of the
36five years preceding the plan update.

end insert
begin insert

37(B) The distribution system water loss quantification shall be
38reported in accordance with a worksheet approved or developed
39by the department through a public process. The water loss
40quantification worksheet shall be based on the water system
P9    1balance methodology developed by the American Water Works
2Association.

end insert
begin insert

3(4) (A) If available and applicable to an urban water supplier,
4water use projections may display and account for the water
5savings estimated to result from adopted codes, standards,
6ordinances, or transportation and land use plans identified by the
7urban water supplier, as applicable to the service area.

end insert
begin insert

8(B) To the extent that an urban water supplier reports the
9information described in subparagraph (A), an urban water
10supplier shall do both of the following:

end insert
begin insert

11(i) Provide citations of the various codes, standards, ordinances,
12or transportation and land use plans utilized in making the
13projections.

end insert
begin insert

14(ii) Indicate the extent that the water use projections consider
15savings from codes, standards, ordinances, or transportation and
16land use plans. Water use projections that do not account for these
17water savings shall be noted of that fact.

end insert

18(f) Provide a description of the supplier’s water demand
19management measures. This description shall include all of the
20following:

begin delete

21(1) A description of each water demand management measure
22that is currently being implemented, or scheduled for
23implementation, including the steps necessary to implement any
24proposed measures, including, but not limited to, all of the
25following:

26(A) Water survey programs for single-family residential and
27multifamily residential customers.

28(B) Residential plumbing retrofit.

29(C) System water audits, leak detection, and repair.

30(D) Metering with commodity rates for all new connections and
31retrofit of existing connections.

32(E) Large landscape conservation programs and incentives.

33(F) High-efficiency washing machine rebate programs.

34(G) Public information programs.

35(H) School education programs.

36(I) Conservation programs for commercial, industrial, and
37institutional accounts.

38(J) Wholesale agency programs.

39(K) Conservation pricing.

40(L) Water conservation coordinator.

P10   1(M) Water waste prohibition.

2(N) Residential ultra-low-flush toilet replacement programs.

3(2) A schedule of implementation for all water demand
4management measures proposed or described in the plan.

5(3) A description of the methods, if any, that the supplier will
6use to evaluate the effectiveness of water demand management
7measures implemented or described under the plan.

8(4) An estimate, if available, of existing conservation savings
9on water use within the supplier’s service area, and the effect of
10the savings on the supplier’s ability to further reduce demand.

11(g) An evaluation of each water demand management measure
12listed in paragraph (1) of subdivision (f) that is not currently being
13implemented or scheduled for implementation. In the course of
14the evaluation, first consideration shall be given to water demand
15management measures, or combination of measures, that offer
16lower incremental costs than expanded or additional water supplies.
17This evaluation shall do all of the following:

18(1) Take into account economic and noneconomic factors,
19including environmental, social, health, customer impact, and
20technological factors.

21(2) Include a cost-benefit analysis, identifying total benefits and
22total costs.

23(3) Include a description of funding available to implement any
24planned water supply project that would provide water at a higher
25unit cost.

26(4) Include a description of the water supplier’s legal authority
27to implement the measure and efforts to work with other relevant
28agencies to ensure the implementation of the measure and to share
29the cost of implementation.

end delete
begin insert

30(1) (A) For an urban retail water supplier, as defined in Section
3110608.12, a narrative description that addresses the nature and
32extent of each water demand management measure implemented
33over the past five years. The narrative shall describe the water
34demand management measures that the supplier plans to implement
35to achieve its water use targets pursuant to Section 10608.20.

end insert
begin insert

36(B) The narrative pursuant to this paragraph shall include
37descriptions of the following water demand management measures:

end insert
begin insert

38(i) Water waste prevention ordinances.

end insert
begin insert

39(ii) Metering.

end insert
begin insert

40(iii) Conservation pricing.

end insert
begin insert

P11   1(iv) Public education and outreach.

end insert
begin insert

2(v) Programs to assess and manage distribution system real
3loss.

end insert
begin insert

4(vi) Water conservation program coordination and staffing
5support.

end insert
begin insert

6(vii) Other demand management measures that have a
7significant impact on water use as measured in gallons per capita
8per day, including innovative measures, if implemented.

end insert
begin insert

9(2) For an urban wholesale water supplier, as defined in Section
1010608.12, a narrative description of the items in clauses (ii), (iv),
11(vi), and (vii) of subparagraph (B) of paragraph (1), and a
12narrative description of its distribution system asset management
13and wholesale supplier assistance programs.

end insert
begin delete

14(h)

end delete

15begin insert(g)end insert Include a description of all water supply projects and water
16supply programs that may be undertaken by the urban water
17supplier to meet the total projected waterbegin delete useend deletebegin insert use,end insert as established
18pursuant to subdivision (a) of Section 10635. The urban water
19supplier shall include a detailed description of expected future
20projects andbegin delete programs, other than the demand management
21programs identified pursuant to paragraph (1) of subdivision (f),end delete

22begin insert programsend insert that the urban water supplier may implement to increase
23the amount of the water supply available to the urban water supplier
24in average, single-dry, and multiple-dry water years. The
25description shall identify specific projects and include a description
26of the increase in water supply that is expected to be available
27from each project. The description shall include an estimate with
28regard to the implementation timeline for each project or program.

begin delete

29(i)

end delete

30begin insert(h)end insert Describe the opportunities for development of desalinated
31water, including, but not limited to, ocean water, brackish water,
32and groundwater, as a long-term supply.

begin delete

33(j)

end delete

34begin insert(i)end insert For purposes of this part, urban water suppliers that are
35members of the California Urban Water Conservation Council
36shall be deemed in compliance with the requirements of
37begin delete subdivisionsend deletebegin insert subdivisionend insert (f)begin delete and (g)end delete by complying with all the
38provisions of the “Memorandum of Understanding Regarding
39Urban Water Conservation in California,” dated December 10,
P12   12008, as it may be amended, and by submitting the annual reports
2required by Section 6.2 of that memorandum.

begin delete

3(k) Urban

end delete

4begin insert(j)end insertbegin insertend insertbegin insertAn urbanend insert waterbegin delete suppliersend deletebegin insert supplierend insert thatbegin delete relyend deletebegin insert reliesend insert upon a
5wholesale agency for a source of water shall provide the wholesale
6agency with water use projections from that agency for that source
7of water in five-year increments to 20 years or as far as data is
8available. The wholesale agency shall provide information to the
9urban water supplier for inclusion in the urban water supplier’s
10plan that identifies and quantifies, to the extent practicable, the
11existing and planned sources of water as required by subdivision
12(b), available from the wholesale agency to the urban water supplier
13over the same five-year increments, and during various water-year
14types in accordance with subdivision (c). An urban water supplier
15may rely upon water supply information provided by the wholesale
16agency in fulfilling the plan informational requirements of
17subdivisions (b) and (c).

18

SEC. 4.  

Section 10632 of the Water Code is amended to read:

19

10632.  

(a) The plan shall provide an urban water shortage
20contingency analysis that includes each of the following elements
21that are within the authority of the urban water supplier:

22(1) Stages of action to be undertaken by the urban water supplier
23in response to water supply shortages, including up to a 50 percent
24reduction in water supply, and an outline of specific water supply
25conditions that are applicable to each stage.

26(2) An estimate of the minimum water supply available during
27each of the next three water years based on the driest three-year
28historic sequence for the agency’s water supply.

29(3) Actions to be undertaken by the urban water supplier to
30prepare for, and implement during, a catastrophic interruption of
31water supplies including, but not limited to, a regional power
32outage, an earthquake, or other disaster.

33(4) Additional, mandatory prohibitions against specific water
34use practices during water shortages, including, but not limited to,
35prohibiting the use of potable water for street cleaning.

36(5) Consumption reduction methods in the most restrictive
37stages. Each urban water supplier may use any type of consumption
38reduction methods in its water shortage contingency analysis that
39would reduce water use, are appropriate for its area, and have the
P13   1ability to achieve a water use reduction consistent with up to a 50
2percent reduction in water supply.

3(6) Penalties or charges for excessive use, where applicable.

4(7) An analysis of the impacts of each of the actions and
5conditions described in paragraphs (1) to (6), inclusive, on the
6revenues and expenditures of the urban water supplier, and
7proposed measures to overcome those impacts, such as the
8development of reserves and rate adjustments.

9(8) A draft water shortage contingency resolution or ordinance.

10(9) A mechanism for determining actual reductions in water use
11pursuant to the urban water shortage contingency analysis.

12(b) Commencing with the urban water management plan update
13due July 1, 2016, for purposes of developing the water shortage
14contingency analysis pursuant to subdivision (a), the urban water
15supplier shall analyze and define water features that are artificially
16supplied with water, including ponds, lakes, waterfalls, and
17fountains, separately from swimming pools and spas, as defined
18in subdivision (a) of Section 115921 of the Health and Safety Code.

19begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

Section 3.5 of this bill incorporates amendments to
20Section 10631 of the Water Code proposed by both this bill and
21Senate Bill 1420. It shall only become operative if (1) both bills
22are enacted and become effective on or before January 1, 2015,
23(2) each bill amends Section 10631 of the Water Code, and (3)
24this bill is enacted after Senate Bill 1420, in which case Section 3
25of this bill shall not become operative.

end insert


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