BILL ANALYSIS Ó SB 555 Page 1 SENATE THIRD READING SB 555 (Wolk) As Amended August 17, 2015 Majority vote SENATE VOTE: 36-2 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Water |10-3 |Levine, Dababneh, |Beth Gaines, | | | |Dodd, Cristina |Harper, Mathis | | | |Garcia, Gomez, Lopez, | | | | |Medina, Rendon, | | | | |Salas, Williams | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |12-4 |Gomez, Bloom, Bonta, |Bigelow, Gallagher, | | | |Calderon, Nazarian, |Jones, Wagner | | | |Eggman, Eduardo | | | | |Garcia, Holden, | | | | |Quirk, Rendon, Weber, | | | | |Wood | | | | | | | | | | | | ------------------------------------------------------------------ SB 555 Page 2 SUMMARY: Requires each urban retail water supplier, on or before July 1, 2017, and annually thereafter, to submit annual water loss audit (WLA) reports to the Department of Water Resources (DWR) as specified and requires DWR to post such WLAs and provide technical assistance. Specifically, this bill: 1)Requires DWR, by January 1, 2017, to adopt rules for standardizing and validating WLAs, including the method for submitting WLAs, and to update those rules within six months of a release of subsequent editions of the American Water Works Association's (AWWA's) Water Audits and Loss Control Programs Manual. 2)Requires DWR, as part of its rules, to specify the technical qualifications required of a person performing validations and the certification requirements for a person selected by an urban retail water supplier to provide validations of its own water loss audit report. 3)Defines validating, for the purpose of this bill, to mean a process whereby an urban water supplier uses a technical expert, who is identified by name and qualifications, to confirm the basis of all data entries and appropriately characterize the quality of the reported data by following the principles and terminology set out in the AWWA manual and free software. 4)Requires that on or before October 1, 2017, and on or before July 1 of each year thereafter, each urban retail water supplier shall submit a completed and validated WLA report for the previous calendar year. 5)Requires the State Water Resources Control Board (State Water SB 555 Page 3 Board), using funds available for the 2016-17 Fiscal Year, to contribute up to $400,000 towards procuring water loss audit report validation assistance for urban retail water suppliers. Allows water loss audit reports submitted on or before October 1, 2017, to be completed and validated utilizing this assistance. 6)Requires each WLA report to be accompanied by information identifying the steps taken to: increase the validity of data entered into the final audit; reduce the volume of apparent losses; and, reduce the volume of real losses. 7)Specifies that a chief financial officer, chief engineer, or general manager of the urban retail water supplier shall attest to the WLA. 8)Requires DWR to return incomplete, invalid, or unattested WLAs to the urban retail water supplier for resubmission within 90 days. 9)Requires DWR to post all validated WLAs on its Internet Web site and to otherwise make the WLAs available for public viewing. 10)Requires DWR, using available funds, to provide technical assistance to urban retail water suppliers regarding water loss detection programs. 11)Requires the State Water Board, no earlier than January 1, 2019, and no later than July 1, 2020, to adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. SB 555 Page 4 12)Requires the State Water Board to employ full life cycle cost accounting to evaluate the costs of meeting the performance standards. 13)Allows the State Water Board to consider establishing a minimum allowable water loss threshold that, if reached and maintained by an urban water supplier, would exempt the urban water supplier from further water loss reduction requirements. EXISTING LAW: 1)Requires all urban water suppliers to prepare and adopt Urban Water Management Plans (UWMPs), update them every five years, and submit them to DWR. Among other requirements, UWMPs must: a) Provide a description of the service area of the supplier; b) Identify and quantify water resources; and, c) Make water use projections. 2)Specifies that compliance with the Urban Water Management Planning Act is a prerequisite to receiving state funding for water projects and programs. 3)Requires, beginning with the 2015 update, that UWMPs contain a calculation of the distribution system water losses. 4)Requires distribution system water losses to be reported in accordance with a worksheet approved or developed by DWR using water loss calculations that are based on the water system balance methodology developed by the AWWA. FISCAL EFFECT: According to the Assembly Appropriations Committee: SB 555 Page 5 1)One-time General Fund (GF) costs of approximately $150,000 for DWR to develop the rules for standardizing and validating water loss audit reports and auditors. 2)Annual GF costs of approximately $150,000 for DWR to review urban water supplier audit reports and post the reports on its Internet Web site. 3)Increased annual GF costs shifts of between $150,000 and $200,000 to provide technical assistance to urban water suppliers on water loss detection programs. This bill requires DWR to provide technical assistance with existing resources. However, DWR indicates this cost is not absorbable and would require reductions in existing programs. 4)Absorbable one-time costs for the State Water Board to consult with DWR to develop water loss metrics and performance standards. The 2015-16 Budget Act provides $833,000 (special fund) and two positions to the State Water Board for water conservation activities that are available to fulfill these requirements. 5)Absorbable one-time costs to the State Water Board of up to $400,000 (Drinking Water State Revolving Fund) for its contribution towards procuring water loss audit report validation assistance for urban water suppliers. It is presumed the urban water suppliers will be responsible SB 555 Page 6 for their validation costs after the first year. The author may wish to clarify that the urban water supplier is responsible for its ongoing validations costs after the 2016-17 year. COMMENTS: This bill seeks to increase water use efficiency by requiring water suppliers to document and control water losses from their systems through annual audit reports to DWR. This bill also directs DWR to set audit standards and provide technical assistance. This bill also requires the State Water Board to provide funding for validation assistance to urban water suppliers for the first audits due under this bill and then to later adopt rules requiring urban retail water suppliers to meet performance standards. According to the California Water Plan, in its discussion on urban water use efficiency, the amount of water lost due to leakage in the distribution system of the state's water suppliers is not well known. This is largely due to the fact that not all water suppliers perform regular water loss audits. If water audits are not conducted, it is difficult for a water agency to know the extent of its losses and unlikely that the agency will implement practices to reduce these losses. The author advises that California's water supply is under intense pressure from climate change, increasing population, and aging infrastructure and that the financial demands from communities around the state for additional water and wastewater currently exceeds the available state and federal budgetary resources. The author advises that despite the availability of free audit software and the establishment of a Best Management Practice for water loss by the California Urban Water Conservation Council (CUWCC), urban water suppliers have been slow to realize the full potential of water loss control. The author posits that one reason for the slow adoption of water loss control methods is the unreliability of water loss audit SB 555 Page 7 data and cites to a CUWCC study that found that 35% of water audit data submitted by California water suppliers was invalid. The author concludes that by requiring urban water suppliers to report system audit results and directing DWR to set audit standards, while providing the necessary technical assistance, water suppliers will achieve effective water loss control and contribute to California's water management, climate mitigation and climate adaptation goals. Supporters state that water lost from leaks and breaks in urban water suppliers' distribution systems is a significant problem in California. Supporters add that a 2010 study conducted for the California Public Utilities Commission estimated that 10% of urban water (870,000 acre-feet) is lost to leaks and that 40% of that water (350,000 acre-feet) could be cost-effectively recovered through pressure management, leak repair, and targeted pipe replacement. Other supporters state that conducting annual water loss audits will help California achieve its goal of reducing urban water use 20% by 2020 and that water conservation is a key strategy to make the best use of our limited water supplies. The August 17, 2015, amendments to this bill removed all known opposition. Prior legislation has also focused on distribution system water losses. SB 1420 (Wolk), Chapter 490, Statutes of 2014 requires, among other provisions, that beginning with the 2015 update UWMPs are to contain a distribution system water loss calculation. Analysis Prepared by: Tina Leahy / W., P., & W. / (916) 319-2096 FN: SB 555 Page 8 0001676