Senate BillNo. 1262


Introduced by Senators Pavley and Wieckowski

February 18, 2016


An act to amend Section 66473.7 of the Government Code, and to amend Sections 10910 and 10911 of the Water Code, and relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

SB 1262, as introduced, Pavley. Water supply planning.

(1) Existing law requires a city or county that determines a project, as defined, is subject to the California Environmental Quality Act to identify certain water systems that may supply water for the project and to request those public water systems to prepare and approve a specified water supply assessment. Under existing law, if no public water system is identified, the city or county is required to prepare and approve the water supply assessment. Existing law provides that if, as a result of its assessment, the public water system or city or county concludes that its water supplies are, or will be, insufficient, the public water system or city or county is required to provide its plans for acquiring additional water supplies, as prescribed.

This bill would require a city or county that determines a project is subject to the California Environmental Quality Act to identify any water system whose service area includes the project site and any water system adjacent to the project site. This bill would require, if a water source for a proposed project includes water of a quality not sufficient to meet certain drinking water standards, that prescribed additional information be included in a water supply assessment. This bill, if no water system is identified, would require a city or county to prepare a technical report containing prescribed information. This bill would require a city or county to submit the technical report to the local agency formation commission with jurisdiction if the city or county concludes based on the technical report that it is feasible for a water system to provide water to the project. This bill, if the local agency formation commission declines to approve an annexation or extensive of service, would require the city or county to develop a water supply assessment for the project, as specified. By imposing new duties on cities and counties, this bill would impose a state-mandated local program.

Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. The act authorizes the State Water Resources Control Board to designate a basin as a probationary basin if the state board makes a certain determination and to develop an interim plan for the probationary basin.

This bill would provide that hauled water or groundwater from a probationary basin are not sources of water for the purposes of a water supply assessment. This bill would, if a water supply for a proposed project includes groundwater, require certain additional information to be included in the water supply assessment.

(2) Existing law, the Subdivision Map Act, establishes a statewide regulatory framework for controlling the subdividing of land. The act generally requires a subdivider to submit, and have approved by the city, county, or city and county in which the land is situated, a tentative map for subdivisions of land, as specified. Existing law requires a city or county to deny approval of a tentative map, or parcel map for which a tentative map was not required, if it makes certain findings relating to the proposed subdivision. Existing law requires a city or county to include as a condition in any tentative map that includes a subdivision a requirement that a sufficient water supply be available. Existing law requires proof of the availability of a sufficient water supply, as prescribed, and that the written verification of a public water system’s ability or inability to provide a sufficient water supply be supported by substantial evidence.

This bill would revise the definition of sufficient water supply to include additional factors relating to a proposed subdivision that relies in whole or in part on groundwater. This bill would provide that groundwater from a probationary basin is not a water supply for these purposes.

(3) 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

Section 66473.7 of the Government Code is
2amended to read:

3

66473.7.  

(a) For the purposes of this section, the following
4definitions apply:

5(1) “Subdivision” means a proposed residential development
6of more than 500 dwelling units, except that for a public water
7system that has fewer than 5,000 service connections, “subdivision”
8means any proposed residential development that would account
9for an increase of 10 percent or more in the number of the public
10water system’s existing service connections.

11(2) “Sufficient water supply” means the total water supplies
12available during normal, single-dry, and multiple-dry years within
13a 20-year projection that will meet the projected demand associated
14with the proposed subdivision, in addition to existing and planned
15future uses, including, but not limited to, agricultural and industrial
16uses. In determining “sufficient water supply,” all of the following
17factors shall be considered:

18(A) The availability of water supplies over a historical record
19of at least 20 years.

20(B) The applicability of an urban water shortage contingency
21analysis prepared pursuant to Section 10632 of the Water Code
22that includes actions to be undertaken by the public water system
23in response to water supply shortages.

P4    1(C) The reduction in water supply allocated to a specific water
2use sector pursuant to a resolution or ordinance adopted, or a
3contract entered into, by the public water system, as long as that
4resolution, ordinance, or contract does not conflict with Section
5354 of the Water Code.

6(D) The amount of water that the water supplier can reasonably
7rely on receiving from other water supply projects, such as
8conjunctive use, reclaimed water, water conservation, and water
9transfer, including programs identified under federal, state, and
10local water initiatives such as CALFED and Colorado River
11tentative agreements, to the extent that these water supplies meet
12the criteria of subdivision (d).

begin insert

13(E) If a proposed subdivision relies in whole or in part on
14groundwater, the following factors:

end insert
begin insert

15(i) For a basin for which a court or the State Water Resources
16Control Board has adjudicated the rights to pump groundwater,
17the order or decree adopted by the court or the State Water
18Resources Control Board.

end insert
begin insert

19(ii) For a basin that has not been adjudicated, as follows:

end insert
begin insert

20(I) For a basin designated as high- or medium-priority pursuant
21to Section 10722.4 of the Water Code, the most recently adopted
22or revised adopted groundwater sustainability plan.

end insert
begin insert

23(II) For a basin designated as low- or very-low priority pursuant
24to Section 10722.4 of the Water Code, information as to whether
25the Department of Water Resources has identified the basin or
26basins as overdrafted or has projected that the basin will become
27overdrafted if present management conditions continue.

end insert

28(3) “Public water system” means the water supplier that is, or
29may become as a result of servicing the subdivision included in a
30tentative map pursuant to subdivision (b), a public water system,
31as defined in Section 10912 of the Water Code, that may supply
32water for a subdivision.

33(b) (1) The legislative body of a city or county or the advisory
34agency, to the extent that it is authorized by local ordinance to
35approve, conditionally approve, or disapprove the tentative map,
36shall include as a condition in any tentative map that includes a
37subdivision a requirement that a sufficient water supply shall be
38available. Proof of the availability of a sufficient water supply
39shall be requested by the subdivision applicant or local agency, at
40the discretion of the local agency, and shall be based on written
P5    1verification from the applicable public water system within 90
2 days of a request.

3(2) If the public water system fails to deliver the written
4verification as required by this section, the local agency or any
5other interested party may seek a writ of mandamus to compel the
6public water system to comply.

7(3) If the written verification provided by the applicable public
8water system indicates that the public water system is unable to
9provide a sufficient water supply that will meet the projected
10demand associated with the proposed subdivision, then the local
11agency may make a finding, after consideration of the written
12verification by the applicable public water system, that additional
13water supplies not accounted for by the public water system are,
14or will be, available prior to completion of the subdivision that
15will satisfy the requirements of this section. This finding shall be
16made on the record and supported by substantial evidence.

17(4) If the written verification is not provided by the public water
18system, notwithstanding the local agency or other interested party
19securing a writ of mandamus to compel compliance with this
20section, then the local agency may make a finding that sufficient
21water supplies are, or will be, available prior to completion of the
22subdivision that will satisfy the requirements of this section. This
23finding shall be made on the record and supported by substantial
24evidence.

25(c) The applicable public water system’s written verification of
26its ability or inability to provide a sufficient water supply that will
27meet the projected demand associated with the proposed
28subdivision as required by subdivision (b) shall be supported by
29substantial evidence. The substantial evidence may include, but is
30not limited to, any of the following:

31(1) The public water system’s most recently adopted urban water
32management plan adopted pursuant to Part 2.6 (commencing with
33Section 10610) of Division 6 of the Water Code.

34(2) A water supply assessment that was completed pursuant to
35Part 2.10 (commencing with Section 10910) of Division 6 of the
36Water Code.

begin insert

37(3) A groundwater sustainability plan adopted pursuant to Part
382.74 (commencing with Section 10720) of Division 6 of the Water
39Code.

end insert
begin delete

40(3)

end delete

P6    1begin insert(4)end insert Other information relating to the sufficiency of the water
2supply that contains analytical information that is substantially
3similar to the assessment required by Section 10635 of the Water
4Code.

5(d) When the written verification pursuant to subdivision (b)
6relies on projected water supplies that are not currently available
7to the public water system, to provide a sufficient water supply to
8the subdivision, the written verification as to those projected water
9supplies shall be based on all of the following elements, to the
10extent each is applicable:

11(1) Written contracts or other proof of valid rights to the
12identified water supply that identify the terms and conditions under
13which the water will be available to serve the proposed subdivision.

14(2) Copies of a capital outlay program for financing the delivery
15of a sufficient water supply that has been adopted by the applicable
16governing body.

17(3) Securing of applicable federal, state, and local permits for
18construction of necessary infrastructure associated with supplying
19a sufficient water supply.

20(4) Any necessary regulatory approvals that are required in order
21to be able to convey or deliver a sufficient water supply to the
22subdivision.

23(e) If there is no public water system, the local agency shall
24make a written finding of sufficient water supply based on the
25evidentiary requirements of subdivisions (c) and (d) and identify
26the mechanism for providing water to the subdivision.

27(f) In making any findings or determinations under this section,
28a local agency, or designated advisory agency, may work in
29conjunction with the project applicant and the public water system
30to secure water supplies sufficient to satisfy the demands of the
31proposed subdivision. If the local agency secures water supplies
32pursuant to this subdivision, which supplies are acceptable to and
33approved by the governing body of the public water system as
34suitable for delivery to customers, it shall work in conjunction
35with the public water system to implement a plan to deliver that
36water supply to satisfy the long-term demands of the proposed
37subdivision.

38(g) The written verification prepared under this section shall
39also include a description, to the extent that data is reasonably
40available based on published records maintained by federal and
P7    1state agencies, and public records of local agencies, of the
2reasonably foreseeable impacts of the proposed subdivision on the
3availability of water resources for agricultural and industrial uses
4within the public water system’s service area that are not currently
5receiving water from the public water system but are utilizing the
6same sources of water. To the extent that those reasonably
7foreseeable impacts have previously been evaluated in a document
8prepared pursuant to the California Environmental Quality Act
9 (Division 13 (commencing with Section 21000) of the Public
10Resources Code) or the National Environmental Policy Act (Public
11Law 91-190) for the proposed subdivision, the public water system
12may utilize that information in preparing the written verification.

13(h) begin insert(1)end insertbegin insertend insert Where a water supply for a proposed subdivision
14includes groundwater, the public water system serving the proposed
15subdivision shall evaluate, based on substantial evidence, the extent
16to which it or the landowner has the right to extract the additional
17groundwater needed to supply the proposed subdivision. Nothing
18in this subdivision is intended to modify state law with regard to
19groundwater rights.

begin insert

20(2) Groundwater from a basin designated by the State Water
21Resources Control Board as a probationary basin pursuant to
22Chapter 11 (commencing with Section 10735) of Part 2.74 of
23Division 6 of the Water Code is not considered as a water supply
24for the purposes of this section.

end insert

25(i) This section shall not apply to any residential project
26proposed for a site that is within an urbanized area and has been
27previously developed for urban uses, or where the immediate
28contiguous properties surrounding the residential project site are,
29or previously have been, developed for urban uses, or housing
30projects that are exclusively for very low and low-income
31households.

32(j) The determinations made pursuant to this section shall be
33consistent with the obligation of a public water system to grant a
34priority for the provision of available and future water resources
35or services to proposed housing developments that help meet the
36city’s or county’s share of the regional housing needs for lower
37income households, pursuant to Section 65589.7.

38(k) The County of San Diego shall be deemed to comply with
39this section if the Office of Planning and Research determines that
40all of the following conditions have been met:

P8    1(1) A regional growth management strategy that provides for a
2comprehensive regional strategy and a coordinated economic
3development and growth management program has been developed
4pursuant to Proposition C as approved by the voters of the County
5of San Diego in November 1988, which required the development
6of a regional growth management plan and directed the
7establishment of a regional planning and growth management
8review board.

9(2) Each public water system, as defined in Section 10912 of
10the Water Code, within the County of San Diego has adopted an
11urban water management plan pursuant to Part 2.6 (commencing
12with Section 10610) of the Water Code.

13(3) The approval or conditional approval of tentative maps for
14subdivisions, as defined in this section, by the County of San Diego
15and the cities within the county requires written communications
16to be made by the public water system to the city or county, in a
17format and with content that is substantially similar to the
18requirements contained in this section, with regard to the
19availability of a sufficient water supply, or the reliance on projected
20water supplies to provide a sufficient water supply, for a proposed
21subdivision.

22(l) Nothing in this section shall preclude the legislative body of
23a city or county, or the designated advisory agency, at the request
24of the applicant, from making the determinations required in this
25section earlier than required pursuant to subdivision (b).

26(m) Nothing in this section shall be construed to create a right
27or entitlement to water service or any specific level of water
28service.

29(n) Nothing in this section is intended to change existing law
30concerning a public water system’s obligation to provide water
31service to its existing customers or to any potential future
32customers.

33(o) Any action challenging the sufficiency of the public water
34system’s written verification of a sufficient water supply shall be
35governed by Section 66499.37.

36

SEC. 2.  

Section 10910 of the Water Code is amended to read:

37

10910.  

(a) Any city or county that determines that a project,
38as defined in Section 10912, is subject to the California
39Environmental Quality Act (Division 13 (commencing with Section
P9    121000) of the Public Resources Code) under Section 21080 of the
2Public Resources Code shall comply with this part.

3(b) The city or county, at the time that it determines whether an
4environmental impact report, a negative declaration, or a mitigated
5negative declaration is required for any project subject to the
6California Environmental Quality Act pursuant to Section 21080.1
7of the Public Resources Code, shall identify any water system
8begin insert whose service area includes the project site and any water system
9adjacent to the project siteend insert
that is, or may become as a result of
10supplying water to the project identified pursuant to this
11subdivision, a public water system, as defined in Section 10912,
12that may supply water for the project.begin delete If the city or county is not
13able to identify any public water system that may supply water for
14the project, the city or county shall prepare the water assessment
15required by this part after consulting with any entity serving
16domestic water supplies whose service area includes the project
17site, the local agency formation commission, and any public water
18system adjacent to the project site.end delete

19(c) (1) The city or county, at the time it makes the determination
20required under Section 21080.1 of the Public Resources Code,
21shall request each public water system identified pursuant to
22subdivision (b) to determine whether the projected water demand
23associated with a proposed project was included as part of the most
24recently adopted urban water management plan adopted pursuant
25to Part 2.6 (commencing with Section 10610).

26(2) If the projected water demand associated with the proposed
27project was accounted for in the most recently adopted urban water
28management plan, the public water system may incorporate the
29requested information from the urban water management plan in
30preparing the elements of the assessment required to comply with
31subdivisionsbegin delete (d),end delete (e), (f),begin delete and (g).end deletebegin insert (g), and (h).end insert

32(3) If the projected water demand associated with the proposed
33project was not accounted for in the most recently adopted urban
34water management plan, or the public water system has no urban
35water managementbegin delete plan,end deletebegin insert plan but the public water system end insertbegin insertis willing
36to supply water,end insert
the water supply assessment for the project shall
37include a discussion with regard to whether the public water
38system’s total projected water supplies available during normal,
39single dry, and multiple dry water years during a 20-year projection
40will meet the projected water demand associated with the proposed
P10   1project, in addition to the public water system’s existing and
2planned future uses, including agricultural and manufacturing uses.

begin delete

3(4) If the city or county is required to comply with this part
4pursuant to subdivision (b), the water supply assessment for the
5project shall include a discussion with regard to whether the total
6projected water supplies, determined to be available by the city or
7county for the project during normal, single dry, and multiple dry
8water years during a 20-year projection, will meet the projected
9water demand associated with the proposed project, in addition to
10existing and planned future uses, including agricultural and
11manufacturing uses.

end delete
begin insert

12(d) (1) If a water system is not identified pursuant to subdivision
13(b), or none of the water systems identified pursuant to subdivision
14(b) are willing to supply the water, the city or county shall prepare
15a technical report that includes all of the following:

end insert
begin insert

16(A) The name of each public water system that has a service
17area boundary within five miles of any boundary of the applicant’s
18proposed service area.

end insert
begin insert

19(B) An analysis of the feasibility of a water system identified
20pursuant to subdivision (b) annexing, connecting, or otherwise
21supplying domestic water to the project.

end insert
begin insert

22(C) An analysis of the long-term feasibility of creating a new
23water system to serve the project, including, but not limited to,
24projecting the capacity of anticipated ratepayers to sustain a water
25system if there is the potential that water treatment will be required
26in the foreseeable future.

end insert
begin insert

27(D) A description of all actions taken by the city or county to
28secure a supply of domestic water from an existing public water
29system for the project.

end insert
begin insert

30(E) A description of all actions taken by the project proponent
31to pursue a contract for managerial or operational oversight from
32an existing public waster system.

end insert
begin insert

33(2) If the city or county concludes, based on the technical report
34prepared pursuant to paragraph (1), that it is feasible for a water
35system identified pursuant to subdivision (b) to provide water to
36the project, the city or county shall submit their technical report
37to the local agency formation commission with jurisdiction over
38the project.

end insert
begin insert

39(3) If the local agency formation commission declines to approve
40an annexation or extension of service, the city or county shall
P11   1develop a water supply assessment for the project that includes a
2discussion on whether the total projected water supplies,
3determined to be available by the city or county for the project
4during normal, single dry, or multiple dry water years during a
520-year projection, will meet the projected water demand
6associated with the proposed project, in addition to existing and
7planned future uses, including agricultural and manufacturing
8uses.

end insert
begin delete

9(d)

end delete

10begin insert(end insertbegin inserte)end insert (1) The assessment required by this section shall include
11an identification of any existing water supply entitlements, water
12rights, or water service contracts relevant to the identified water
13supply for the proposed project, and a description of the quantities
14of water received in prior years by the public water system, or the
15city or county if either is required to comply with this part pursuant
16to subdivisionbegin delete (b),end deletebegin insert (d),end insert under the existing water supply entitlements,
17water rights, or water service contracts.

18(2) An identification of existing water supply entitlements, water
19rights, or water service contracts held by the public water system,
20or the city or county if either is required to comply with this part
21pursuant to subdivisionbegin delete (b),end deletebegin insert (d),end insert shall be demonstrated by providing
22information related to all of the following:

23(A) Written contracts or other proof of entitlement to an
24identified water supply.

25(B) Copies of a capital outlay program for financing the delivery
26of a water supply that has been adopted by the public water system.

27(C) Federal, state, and local permits for construction of necessary
28infrastructure associated with delivering the water supply.

29(D) Any necessary regulatory approvals that are required in
30order to be able to convey or deliver the water supply.

begin delete

31(e)

end delete

32begin insert(f)end insert If no water has been received in prior years by the public
33water system, or the city or county if either is required to comply
34with this part pursuant to subdivisionbegin delete (b),end deletebegin insert (d),end insert under the existing
35water supply entitlements, water rights, or water service contracts,
36the public water system, or the city or county if either is required
37to comply with this part pursuant to subdivisionbegin delete (b),end deletebegin insert (d),end insert shall also
38include in its water supply assessment pursuant to subdivision (c),
39an identification of the other public water systems or water service
40contractholders that receive a water supply or have existing water
P12   1supply entitlements, water rights, or water service contracts, to the
2same source of water as the public water system, or the city or
3county if either is required to comply with this part pursuant to
4subdivisionbegin delete (b),end deletebegin insert (d),end insert has identified as a source of water supply
5within its water supply assessments.

begin delete

6(f)

end delete

7begin insert(end insertbegin insertg)end insert If a water supply for a proposed project includes
8groundwater, the following additional information shall be included
9in the water supply assessment:

10(1) A review of any information contained in the urban water
11management plan relevant to the identified water supply for the
12proposed project.

13(2) begin insert(A)end insertbegin insertend insert A description of any groundwater basin or basins from
14which the proposed project will be supplied.begin delete Forend delete

15begin insert(B)end insertbegin insertend insertbegin insertForend insert those basins for which a court or the board has
16adjudicated the rights to pump groundwater, a copy of the order
17or decree adopted by the court or the board and a description of
18the amount of groundwater the public water system, or the city or
19county if either is required to comply with this part pursuant to
20subdivisionbegin delete (b),end deletebegin insert (d),end insert has the legal right to pump under the order or
21decree. begin delete For basins that have not been adjudicated, information as
22to whether the department has identified the basin or basins as
23overdrafted or has projected that the basin will become overdrafted
24if present management conditions continue, in the most current
25bulletin of the department that characterizes the condition of the
26groundwater basin, and a detailed description by the public water
27system, or the city or county if either is required to comply with
28this part pursuant to subdivision (b), of the efforts being undertaken
29in the basin or basins to eliminate the long-term overdraft
30condition.end delete

begin insert

31(C) For a basin that has not been adjudicated that is a basin
32designated as high- or medium-priority pursuant to Section
3310722.4, information regarding the following:

end insert
begin insert

34(i) Whether the department has identified the basin as being
35subject to critical conditions of overdraft pursuant to Section
3612924.

end insert
begin insert

37(ii) Whether the board has designated the basin as a
38probationary basin pursuant to Chapter 11 (commencing with
39Section 10735) of Part 2.74.

end insert
begin insert

P13   1(iii) If a groundwater sustainability agency has adopted a
2groundwater sustainability plan or submitted an alternative plan,
3a copy of that plan.

end insert
begin insert

4(D) For a basin that has not been adjudicated that is a basin
5designated as low- or very-low priority pursuant to Section
610722.4, information as to whether the department has identified
7the basin or basins as overdrafted or has projected that the basin
8will become overdrafted if present management conditions
9continue, in the most current bulletin of the department that
10characterizes the condition of the groundwater basin, and a
11detailed description by the public water system, or the city or
12 county if either is required to comply with this part pursuant to
13subdivision (d), of the efforts being undertaken in the basin or
14basins to eliminate the long-term overdraft condition.

end insert

15(3) A detailed description and analysis of the amount and
16location of groundwater pumped by the public water system, or
17the city or county if either is required to comply with this part
18pursuant to subdivisionbegin delete (b),end deletebegin insert (d),end insert for the past five years from any
19groundwater basin from which the proposed project will be
20supplied. The description and analysis shall be based on
21information that is reasonably available, including, but not limited
22to, historic use records.

23(4) A detailed description and analysis of the amount and
24location of groundwater that is projected to be pumped by the
25public water system, or the city or county if either is required to
26comply with this part pursuant to subdivisionbegin delete (b),end deletebegin insert (d),end insert from any
27basin from which the proposed project will be supplied. The
28description and analysis shall be based on information that is
29reasonably available, including, but not limited to, historic use
30records.

31(5) An analysis of the sufficiency of the groundwater from the
32basin or basins from which the proposed project will be supplied
33to meet the projected water demand associated with the proposed
34project. A water supply assessment shall not be required to include
35the information required by this paragraph if the public water
36system determines, as part of the review required by paragraph
37(1), that the sufficiency of groundwater necessary to meet the initial
38and projected water demand associated with the project was
39addressed in the description and analysis required by paragraph
40(4) of subdivision (b) of Section 10631.

begin delete

P14   1(g)

end delete

2begin insert(end insertbegin inserth)end insert (1) Subject to paragraph (2), the governing body of each
3public water system shall submit the assessment to the city or
4county not later than 90 days from the date on which the request
5was received. The governing body of each public water system,
6or the city or county if either is required to comply with this act
7pursuant to subdivisionbegin delete (b),end deletebegin insert (d),end insert shall approve the assessment
8prepared pursuant to this section at a regular or special meeting.

9(2) Prior to the expiration of the 90-day period, if the public
10water system intends to request an extension of time to prepare
11and adopt the assessment, the public water system shall meet with
12the city or county to request an extension of time, which shall not
13exceed 30 days, to prepare and adopt the assessment.

14(3) If the public water system fails to request an extension of
15time, or fails to submit the assessment notwithstanding the
16extension of time granted pursuant to paragraph (2), the city or
17county may seek a writ of mandamus to compel the governing
18body of the public water system to comply with the requirements
19of this part relating to the submission of the water supply
20assessment.

begin delete

21(h)

end delete

22begin insert(end insertbegin inserti)end insert Notwithstanding any other provision of this part, if a project
23has been the subject of a water supply assessment that complies
24with the requirements of this part, no additional water supply
25assessment shall be required for subsequent projects that were part
26of a larger project for which a water supply assessment was
27completed and that has complied with the requirements of this part
28and for which the public water system, or the city or county if
29either is required to comply with this part pursuant to subdivision
30begin delete (b),end deletebegin insert (d),end insert has concluded that its water supplies are sufficient to meet
31the projected water demand associated with the proposed project,
32in addition to the existing and planned future uses, including, but
33not limited to, agricultural and industrial uses, unless one or more
34of the following changes occurs:

35(1) Changes in the project that result in a substantial increase
36in water demand for the project.

37(2) Changes in the circumstances or conditions substantially
38affecting the ability of the public water system, or the city or county
39if either is required to comply with this part pursuant to subdivision
40begin delete (b),end deletebegin insert (d),end insert to provide a sufficient supply of water for the project.

P15   1(3) Significant new information becomes availablebegin delete whichend deletebegin insert thatend insert
2 was not known and could not have been known at the time when
3the assessment was prepared.

begin insert

4(j) For the purposes of this section, the following are not
5considered as a source of water:

end insert
begin insert

6(1) Hauled water.

end insert
begin insert

7(2) Groundwater from a basin designated by the board as a
8probationary basin pursuant to Chapter 11 (commencing with
9Section 10735) of Part 2.74.

end insert
begin insert

10(k) If a water supply for a proposed project includes water of
11a quality not sufficient to meet all primary and secondary drinking
12water standards, the following additional information shall be
13included in the water supply assessment:

end insert
begin insert

14(1) A detailed description of the concentration of contaminants.

end insert
begin insert

15(2) The proposed method for treating, blending, or otherwise
16ensuring that the water will meet drinking water quality standards.

end insert
begin insert

17(3) The project cost to achieve drinking water quality.

end insert
begin insert

18(4) An analysis of the affordability of water for the project’s
19anticipated residents.

end insert
20

SEC. 3.  

Section 10911 of the Water Code is amended to read:

21

10911.  

(a) If, as a result of its assessment, the public water
22system concludes that its water supplies are, or will be, insufficient,
23the public water system shall provide to the city or county its plans
24for acquiring additional water supplies, setting forth the measures
25that are being undertaken to acquire and develop those water
26supplies. If the city or county, if either is required to comply with
27this part pursuant to subdivisionbegin delete (b),end deletebegin insert (d) of Section 10910,end insert
28 concludes as a result of its assessment, that water supplies are, or
29will be, insufficient, the city or county shall include in its water
30supply assessment its plans for acquiring additional water supplies,
31setting forth the measures that are being undertaken to acquire and
32develop those water supplies. Those plans may include, but are
33not limited to, information concerning all of the following:

34(1) The estimated total costs, and the proposed method of
35financing the costs, associated with acquiring the additional water
36supplies.

37(2) All federal, state, and local permits, approvals, or
38entitlements that are anticipated to be required in order to acquire
39and develop the additional water supplies.

P16   1(3) Based on the considerations set forth in paragraphs (1) and
2(2), the estimated timeframes within which the public water system,
3or the city or county if either is required to comply with this part
4pursuant to subdivisionbegin delete (b),end deletebegin insert (d) of Section 10910,end insert expects to be
5able to acquire additional water supplies.

6(b) The city or county shall include the water supply assessment
7provided pursuant to Section 10910, and any information provided
8pursuant to subdivision (a), in any environmental document
9prepared for the project pursuant to Division 13 (commencing with
10Section 21000) of the Public Resources Code.

11(c) The city or county may include in any environmental
12document an evaluation of any information included in that
13environmental document provided pursuant to subdivision (b).
14The city or county shall determine, based on the entire record,
15whether projected water supplies will be sufficient to satisfy the
16demands of the project, in addition to existing and planned future
17uses. If the city or county determines that water supplies will not
18be sufficient, the city or county shall include that determination
19in its findings for the project.

20

SEC. 4.  

If the Commission on State Mandates determines that
21this act contains costs mandated by the state, reimbursement to
22local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.



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