Amended in Senate August 31, 2016

Amended in Senate August 19, 2016

Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2561

Introduced by Assembly Member Irwin

February 19, 2016

An act to amend and repeal Section 10912 of the Water Code, relating to water begin delete supply. end delete begin insert supply, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2561, as amended, Irwin. Water supply planning: projects: photovoltaic or wind energy generation facility.

Existing law requires a city or county that determines that a project, as defined, is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment.

Existing law defines “project” for purposes of these provisions as, among other things, a project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. For a public water system that has fewer than 5,000 service connections, existing law defines “project” as development that would account for a specified increase in the number of service connections. Existing law, until January 1, 2017, exempts from the definition of “project” a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually.

This bill begin delete would remove the January 1, 2017, sunset date, which would indefinitely exempt end delete begin insert would, until January 1, 2018, exempt end insert the above-described proposed photovoltaic or wind energy generation facilities from the definition of “project.” The bill would thereby extend the duties on local agencies with respect to determining whether a project is subject to the water supply assessment requirements, thereby imposing a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 10912 of the Water Code, as amended
by Section 1 of Chapter 588 of the Statutes of 2011, is amended
to read:

10912.  

For the purposes of this part, the following terms have
the following meanings:

(a) “Project” means any of the following:

(1) A proposed residential development of more than 500
dwelling units.

(2) A proposed shopping center or business establishment
employing more than 1,000 persons or having more than 500,000
square feet of floor space.

(3) A proposed commercial office building employing more
than 1,000 persons or having more than 250,000 square feet of
floor space.

(4) A proposed hotel or motel, or both, having more than 500
rooms.

(5) (A) Except as otherwise provided in subparagraph (B), a
proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons,
occupying more than 40 acres of land, or having more than 650,000
square feet of floor area.

(B) A proposed photovoltaic or wind energy generation facility
approved on or after October 8, 2011, is not a project if the facility
would demand no more than 75 acre-feet of water annually.

(6) A mixed-use project that includes one or more of the projects
specified in this subdivision.

(7) A project that would demand an amount of water equivalent
to, or greater than, the amount of water required by a 500 dwelling
unit project.

(b) If a public water system has fewer than 5,000 service
connections, then “project” means any proposed residential,
business, commercial, hotel or motel, or industrial development
that would account for an increase of 10 percent or more in the
number of the public water system’s existing service connections,
or a mixed-use project that would demand an amount of water
equivalent to, or greater than, the amount of water required by
residential development that would represent an increase of 10
percent or more in the number of the public water system’s existing
service connections.

(c) “Public water system” means a system for the provision of
piped water to the public for human consumption that has 3,000
or more service connections. A public water system includes all
of the following:

(1) Any collection, treatment, storage, and distribution facility
under control of the operator of the system that is used primarily
in connection with the system.

(2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with
the system.

(3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.

begin insert

(d) (d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2018, deletes or extends that
date.

end insert

begin delete

SEC. 2.  

Section 10912 of the Water Code, as added by Section
2 of Chapter 588 of the Statutes of 2011, is repealed.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10912 of the end insert begin insert Water Code end insert begin insert , as added by Section
2 of Chapter 588 of the Statutes of 2011, is amended to read: end insert

10912.  

For the purposes of this part, the following terms have
the following meanings:

(a) “Project” means any of the following:

(1) A proposed residential development of more than 500
dwelling units.

(2) A proposed shopping center or business establishment
employing more than 1,000 persons or having more than 500,000
square feet of floor space.

(3) A proposed commercial office building employing more
than 1,000 persons or having more than 250,000 square feet of
floor space.

(4) A proposed hotel or motel, or both, having more than 500
rooms.

(5) A proposed industrial, manufacturing, or processing plant,
or industrial park planned to house more than 1,000 persons,
occupying more than 40 acres of land, or having more than 650,000
square feet of floor area.

(6) A mixed-use project that includes one or more of the projects
specified in this subdivision.

(7) A project that would demand an amount of water equivalent
to, or greater than, the amount of water required by a 500 dwelling
unit project.

(b) If a public water system has fewer than 5,000 service
connections, then “project” means any proposed residential,
business, commercial, hotel or motel, or industrial development
that would account for an increase of 10 percent or more in the
number of the public water system’s existing service connections,
or a mixed-use project that would demand an amount of water
equivalent to, or greater than, the amount of water required by
residential development that would represent an increase of 10
percent or more in the number of the public water system’s existing
service connections.

(c) “Public water system” means a system for the provision of
piped water to the public for human consumption that has 3,000
or more service connections. A public water system includes all
of the following:

(1) Any collection, treatment, storage, and distribution facility
under control of the operator of the system that is used primarily
in connection with the system.

(2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with
the system.

(3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.

(d) This section shall become operative on January 1, begin delete 2017. end delete

begin insert 2018. end insert

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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begin insert SEC. 4. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to encourage the development of photovoltaic and wind
generation facilities to meet the state’s renewable portfolio
standard and greenhouse gas emission reduction goals, it is
necessary for this act to take effect immediately.

end insert