BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 555


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          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                  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 









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          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  








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            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. 









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          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:








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          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  








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            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  








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          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:  








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