BILL NUMBER: SB 1420 CHAPTERED
BILL TEXT
CHAPTER 490
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2014
APPROVED BY GOVERNOR SEPTEMBER 19, 2014
PASSED THE SENATE AUGUST 19, 2014
PASSED THE ASSEMBLY AUGUST 18, 2014
AMENDED IN ASSEMBLY AUGUST 14, 2014
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Wolk
FEBRUARY 21, 2014
An act to amend Sections 10631 and 10644 of the Water Code,
relating to water management.
LEGISLATIVE COUNSEL'S DIGEST
SB 1420, Wolk. Water management: 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. Existing law requires an urban water
management plan to quantify, past and current water use, and
projected water use, identifying the uses among water use sectors,
including, among others, commercial, agricultural, and industrial
uses. Existing law requires an urban water supplier to submit copies
of its plan and copies of amendments or changes to the plan to
certain entities, including the Department of Water Resources.
This bill would require an urban water management plan to quantify
and report on distribution system water loss. The bill would
authorize water use projections to display and account for the water
savings estimated to result from adopted codes, standards,
ordinances, or transportation and land use plans, when that
information is available and applicable to an urban water supplier.
The bill would require the plan, or amendments to the plan, to be
submitted electronically to the department and include any
standardized forms, tables, or displays specified by the department.
This bill would incorporate additional changes to Section 10631 of
the Water Code proposed by AB 2067 that would become operative if
this bill and AB 2067 are both enacted and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 those basins for
which 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
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 description of each water demand management measure that is
currently being implemented, or scheduled for implementation,
including the steps necessary to implement any proposed measures,
including, but not limited to, all of the following:
(A) Water survey programs for single-family residential and
multifamily residential customers.
(B) Residential plumbing retrofit.
(C) System water audits, leak detection, and repair.
(D) Metering with commodity rates for all new connections and
retrofit of existing connections.
(E) Large landscape conservation programs and incentives.
(F) High-efficiency washing machine rebate programs.
(G) Public information programs.
(H) School education programs.
(I) Conservation programs for commercial, industrial, and
institutional accounts.
(J) Wholesale agency programs.
(K) Conservation pricing.
(L) Water conservation coordinator.
(M) Water waste prohibition.
(N) Residential ultra-low-flush toilet replacement programs.
(2) A schedule of implementation for all water demand management
measures proposed or described in the plan.
(3) A description of the methods, if any, that the supplier will
use to evaluate the effectiveness of water demand management measures
implemented or described under the plan.
(4) An estimate, if available, of existing conservation savings on
water use within the supplier's service area, and the effect of the
savings on the supplier's ability to further reduce demand.
(g) An evaluation of each water demand management measure listed
in paragraph (1) of subdivision (f) that is not currently being
implemented or scheduled for implementation. In the course of the
evaluation, first consideration shall be given to water demand
management measures, or combination of measures, that offer lower
incremental costs than expanded or additional water supplies. This
evaluation shall do all of the following:
(1) Take into account economic and noneconomic factors, including
environmental, social, health, customer impact, and technological
factors.
(2) Include a cost-benefit analysis, identifying total benefits
and total costs.
(3) Include a description of funding available to implement any
planned water supply project that would provide water at a higher
unit cost.
(4) Include a description of the water supplier's legal authority
to implement the measure and efforts to work with other relevant
agencies to ensure the implementation of the measure and to share the
cost of implementation.
(h) 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, other than the demand management programs identified
pursuant to paragraph (1) of subdivision (f), 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.
(i) Describe the opportunities for development of desalinated
water, including, but not limited to, ocean water, brackish water,
and groundwater, as a long-term supply.
(j) 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 subdivisions (f) and
(g) 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.
(k) 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. 1.5. 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. 2. Section 10644 of the Water Code is amended to read:
10644. (a) (1) An urban water supplier shall submit to the
department, the California State Library, and any city or county
within which the supplier provides water supplies a copy of its plan
no later than 30 days after adoption. Copies of amendments or changes
to the plans shall be submitted to the department, the California
State Library, and any city or county within which the supplier
provides water supplies within 30 days after adoption.
(2) The plan, or amendments to the plan, submitted to the
department pursuant to paragraph (1) shall be submitted
electronically and shall include any standardized forms, tables, or
displays specified by the department.
(b) (1) Notwithstanding Section 10231.5 of the Government Code,
the department shall prepare and submit to the Legislature, on or
before December 31, in the years ending in six and one, a report
summarizing the status of the plans adopted pursuant to this part.
The report prepared by the department shall identify the exemplary
elements of the individual plans. The department shall provide a copy
of the report to each urban water supplier that has submitted its
plan to the department. The department shall also prepare reports and
provide data for any legislative hearings designed to consider the
effectiveness of plans submitted pursuant to this part.
(2) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
(c) (1) For the purpose of identifying the exemplary elements of
the individual plans, the department shall identify in the report
water demand management measures adopted and implemented by specific
urban water suppliers, and identified pursuant to Section 10631, that
achieve water savings significantly above the levels established by
the department to meet the requirements of Section 10631.5.
(2) The department shall distribute to the panel convened pursuant
to Section 10631.7 the results achieved by the implementation of
those water demand management measures described in paragraph (1).
(3) The department shall make available to the public the standard
the department will use to identify exemplary water demand
management measures.
SEC. 3. Section 1.5 of this bill incorporates amendments to
Section 10631 of the Water Code proposed by both this bill and
Assembly Bill 2067. 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 Assembly Bill 2067, in which case Section 1 of this
bill shall not become operative.