BILL NUMBER: AB 2067 CHAPTERED
BILL TEXT
CHAPTER 463
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2014
APPROVED BY GOVERNOR SEPTEMBER 19, 2014
PASSED THE SENATE AUGUST 14, 2014
PASSED THE ASSEMBLY AUGUST 18, 2014
AMENDED IN SENATE AUGUST 7, 2014
AMENDED IN SENATE JUNE 3, 2014
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, 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 toward 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.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10608.42 of the Water Code is amended to read:
10608.42. (a) The department shall review the 2015 urban water
management plans and report to the Legislature by July 1, 2017, 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 to
achieve the 20-percent reduction and to reflect updated efficiency
information and technology changes.
(b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 2. Section 10621 of the Water Code is amended to read:
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, except as provided in subdivision (d).
(b) Every urban water supplier required to prepare a plan pursuant
to this part shall, at least 60 days before 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).
(d) Each urban water supplier shall update and submit its 2015
plan to the department by July 1, 2016.
SEC. 3. 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 basins that 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, single-dry, and multiple-dry 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).
SEC. 3.5. 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 basins that 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.
(J) Distribution system water loss.
(2) The water use projections shall be in the same five-year
increments described in subdivision (a).
(3) (A) For the 2015 urban water management plan update, the
distribution system water loss shall be quantified for the most
recent 12-month period available. For all subsequent updates, the
distribution system water loss shall be quantified for each of the
five years preceding the plan update.
(B) The distribution system water loss quantification shall be
reported in accordance with a worksheet approved or developed by the
department through a public process. The water loss quantification
worksheet shall be based on the water system balance methodology
developed by the American Water Works Association.
(4) (A) If available and applicable to an urban water supplier,
water use projections may display and account for the water savings
estimated to result from adopted codes, standards, ordinances, or
transportation and land use plans identified by the urban water
supplier, as applicable to the service area.
(B) To the extent that an urban water supplier reports the
information described in subparagraph (A), an urban water supplier
shall do both of the following:
(i) Provide citations of the various codes, standards, ordinances,
or transportation and land use plans utilized in making the
projections.
(ii) Indicate the extent that the water use projections consider
savings from codes, standards, ordinances, or transportation and land
use plans. Water use projections that do not account for these water
savings shall be noted of that fact.
(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, single-dry, and multiple-dry 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) An urban water supplier that relies 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).
SEC. 4. Section 10632 of the Water Code is amended to read:
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
July 1, 2016, 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.
SEC. 5. Section 3.5 of this bill incorporates amendments to
Section 10631 of the Water Code proposed by both this bill and Senate
Bill 1420. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2015, (2) each
bill amends Section 10631 of the Water Code, and (3) this bill is
enacted after Senate Bill 1420, in which case Section 3 of this bill
shall not become operative.