BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 555| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 555 Page 2 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: SB 555 Page 3 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 SB 555 Page 4 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 SB 555 Page 5 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 SB 555 Page 6 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. SB 555 Page 7 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 SB 555 Page 8 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 SB 555 Page 9 **** END ****