BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 555
          Author:   Wolk (D), et al.
          Amended:  9/1/15  
          Vote:     21  

           SENATE NATURAL RES. & WATER COMMITTEE:  8-0, 4/14/15
           AYES:  Pavley, Stone, Allen, Fuller, Hueso, Jackson, Monning,  
            Wolk
           NO VOTE RECORDED:  Hertzberg

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SENATE FLOOR:  36-2, 6/1/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Huff, Jackson, Lara,  
            Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen,  
            Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
           NOES:  Moorlach, Morrell
           NO VOTE RECORDED:  Hueso, Runner

           ASSEMBLY FLOOR:  71-5, 9/3/15 - See last page for vote
           
           SUBJECT:   Urban retail water suppliers: water loss management.


          SOURCE:    Author

          DIGEST:  This bill requires each urban retail water supplier, on  
          or before October 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.









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          Assembly Amendments add a requirement that the State Water  
          Resources Control Board (State Board) provide up to $400,000 for  
          validation assistance for urban retail water suppliers; and make  
          a number of clarifying changes.

          ANALYSIS:
          
          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 American Water Works  
            Association (AWWA).


          This bill:









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          1)Requires each urban retail water supplier, beginning October  
            1, 2017, and annually thereafter, to submit a completed and  
            validated water loss audit report to DWR for the previous year  
            (calendar or fiscal). 


          2)Requires each water loss audit report to be accompanied by  
            information identifying steps taken in the preceding year to  
            increase the validity of data entered into the final audit,  
            reduce the volume of apparent losses, and reduce the volume of  
            real losses.


          3)Requires DWR to deem incomplete and return to the urban retail  
            water supplier any final water loss audit report found by the  
            department to be incomplete, not validated, unattested, or  
            incongruent with known characteristics of water system  
            operations. A water supplier shall resubmit a completed water  
            loss audit report within 90 days of an audit being returned by  
            the department.


          4)Requires DWR to post all validated water loss audit reports on  
            its Internet Web site in a manner that allows for comparisons  
            across water suppliers. (a)


          5)Requires DWR, by January 1, 2017, to adopt rules for all of  
            the following:


             a)   The conduct of standardized water loss audits by urban  
               retail water suppliers in accordance with the method  
               adopted by the AWWA.


             b)   The process for validating a water loss audit report  
               prior to submitting the report to the department. 


             c)   The necessary qualifications of persons validating a  
               water loss audit report 








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             d)   The method of submitting a water loss audit report to  
               the department.


          6)Requires DWR to update the rules no later than six months  
            after the release of subsequent editions of the AWWA's Water  
            Audits and Loss Control Programs, Manual M36. 


          7)Requires the State Board, between January 1, 2019, and July 1,  
            2020, to adopt rules requiring urban retail water suppliers to  
            meet performance standards for the volume of water losses. 


          8)Requires the State 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.


          9)Requires DWR, using available funds, to provide technical  
            assistance to guide urban retail water suppliers' water loss  
            detection programs, including, but not limited to, metering  
            techniques, pressure management techniques, condition-based  
            assessment techniques for transmission and distribution  
            pipelines, and utilization of portable and permanent water  
            loss detection devices.


          Comments
          
          Is Water Loss a Real Problem?  It's hard to know.  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  








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            extent of its losses and unlikely that the agency will  
            implement practices to reduce these losses." (California Water  
            Plan Update 2013, Vol. 3, Ch. 3)

          Proponents point to a 2011 study prepared for the California  
          Public Utilities Commission Energy Division titled "Embedded  
          Energy in Water Pilot Programs Impact Evaluation."  Included in  
          that study was an evaluation of Southern California Edison's  
          Leak Detection pilot program.  However, the statewide estimates  
          of water losses and economically recoverable losses reported in  
          that study were essentially back of the envelope calculations;  
          based on year 2000 urban water use, "the commonly quoted  
          threshold for acceptable real losses in California of 10% of  
          volume supplied," and a 40% economically recoverable real losses  
          rate based on San Francisco Public Utilities Commission's  
          experience.  (Secondary Research For Water Leak Detection  
          Program And Water System Loss Control Study, December 2009).  
          Consequently, it is not clear whether those estimates of 840,000  
          acre feet/year (af/y) real losses and 350,000 af/y economically  
          recoverable real losses are reasonably accurate or not.

          Do any other states require this? According to the Center For  
          Neighborhood Technology:

            "In June of 2010, the Georgia Water Stewardship Act (the Act)  
            was signed into law in an effort to create a "culture of water  
            conservation" throughout the state of Georgia. One of the main  
            components of this legislation was a mandate requiring that  
            all utilities serving populations of 3,300 and above submit  
            annual water loss audits utilizing the American Water Works  
            Association (AWWA) and International Water Association (IWA)  
            water audit methodology (M36)."

            "Currently, Georgia has had 100% compliance from utilities for  
            every year that they have been required to submit the AWWA  
            water audits. It is interesting to note that some utilities  
            serving populations less than 3,300, while not included in  
            this mandate, are now using the auditing method voluntarily  
            after hearing positive anecdotes from their larger system  
            peers. The success of Georgia's program provides an effective  
            blueprint for other states and agencies in how to begin  
            providing support to their utilities in moving forward with  








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            best practices in water loss management." (Stepping Up Water  
            Loss Control: Lessons From The State Of Georgia, February  
            2014)

          Besides Georgia, it appears that some states have water loss  
          detection requirements of one type or another.  But none of  
          those states have programs as rigorous as Georgia's or as  
          proposed by this bill.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Assembly Appropriations Committee:

          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 website.


          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 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 SWRCB for water conservation activities that  
            are available fulfill these requirements.










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          5)Absorbable one-time costs to the State 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  
            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.




          SUPPORT:   (Verified9/3/15)


          Aclara
          California League of Conservation Voters
          Clean Water Action
          Coca-Cola Company
          Dignity Health
          Environment California
          Gap
          Heal the Bay
          Irvine Ranch Water District
          MillerCoors
          Natural Resources Defense Council
          Regional Water Authority
          San Diego County Water Authority
          Sierra Club California
          Sierra Nevada Brewing Co.
          Sonoma County Water Agency
          Symantec Corporation
          U.S. Green Building Council, California


          OPPOSITION:  (Verified  9/3/15)


          None received








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          ARGUMENTS IN SUPPORT:     According to the author, the author  
          asserts that "it is essential that all California communities  
          use existing water supplies as efficiently as possible.


          "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. One reason for the slow adoption of water  
          loss control methods is the unreliability of water loss audit  
          data. One CUWCC study found that 35% of water audit data  
          submitted by California water suppliers was invalid.


          "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  
          adaption goals."

           ASSEMBLY FLOOR:  71-5, 9/3/15
           AYES:  Achadjian, Alejo, Travis Allen, Baker, Bloom, Bonilla,  
            Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman,  
            Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty,  
            Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
           NOES:  Bigelow, Grove, Mathis, Obernolte, Patterson
           NO VOTE RECORDED:  Brough, Dahle, Hadley, Harper


          Prepared by:Dennis O'Connor / N.R. & W. / (916) 651-4116
          9/3/15 19:22:10








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