BILL NUMBER: SB 901 CHAPTERED
BILL TEXT
CHAPTER 881
FILED WITH SECRETARY OF STATE OCTOBER 16, 1995
APPROVED BY GOVERNOR OCTOBER 13, 1995
PASSED THE SENATE SEPTEMBER 15, 1995
PASSED THE ASSEMBLY SEPTEMBER 14, 1995
AMENDED IN ASSEMBLY SEPTEMBER 7, 1995
AMENDED IN ASSEMBLY AUGUST 21, 1995
AMENDED IN ASSEMBLY JULY 25, 1995
AMENDED IN ASSEMBLY JULY 5, 1995
AMENDED IN ASSEMBLY JUNE 8, 1995
AMENDED IN SENATE APRIL 24, 1995
AMENDED IN SENATE APRIL 17, 1995
INTRODUCED BY Senator Costa
(Coauthor: Assembly Member Setencich)
FEBRUARY 23, 1995
An act to amend Section 65302 of, and to add Section 65302.2 to,
the Government Code, to add Section 21151.9 to the Public Resources
Code, and to add Part 2.10 (commencing with Section 10910) to
Division 6 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 901, Costa. Water supply planning.
(1) Existing law regarding land use planning requires a general
plan to contain, among other elements, a conservation element,
including a portion regarding waters, and requires that portion of
the conservation element to be developed in coordination with any
countywide water agency and with all district and city agencies that
have developed, served, controlled, or conserved water for any
purpose for the county or city for which the plan is prepared.
This bill would require that coordination to include the
discussion and evaluation of any water supply and demand information
described in a specified provision of existing law, if that
information has been submitted by the water agency to the city or
county. The bill would also require a city or county, upon the
adoption or revision of its general plan, on or after January 1,
1996, to reference as a source document any urban water management
plan submitted to the city or county by a water agency.
(2) Existing law requires specified urban water suppliers to
prepare and submit urban water management plans to the Department of
Water Resources. Existing law requires specified public water
systems to provide city or county planning agencies, upon a city's or
county's proposed action to adopt or substantially amend a general
plan, with a copy of its urban water management plan and other
prescribed information.
This bill would require a city or county that determines that an
environmental impact report is required in connection with specified
projects that include certain courses of land use action to identify
water systems that provide water supplies for the proposed project.
The bill would require the city or county to request the identified
public water systems to make an assessment regarding water supplies,
as prescribed. The bill would require the public water system to
approve its assessment and submit the assessment to the city or
county not later than 30 days after the date on which the request was
received. By imposing requirements on cities, counties, and public
water systems, the bill would impose a state-mandated local program.
This bill would provide that procedures established by a San Diego
County regional planning and growth management review board for the
development and approval of a regional growth management strategy,
including a specified water coordination planning element, are deemed
to comply with the provisions of the bill, and would make related
legislative findings and declarations.
(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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65302 of the Government Code is amended to
read:
65302. The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
The plan shall include the following elements:
(a) A land use element which designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, including agriculture,
natural resources, recreation, and enjoyment of scenic beauty,
education, public buildings and grounds, solid and liquid waste
disposal facilities, and other categories of public and private uses
of land. The land use element shall include a statement of the
standards of population density and building intensity recommended
for the various districts and other territory covered by the plan.
The land use element shall identify areas covered by the plan which
are subject to flooding and shall be reviewed annually with respect
to those areas. The land use element shall designate, in a land use
category that provides for timber production, those parcels of real
property zoned for timberland production pursuant to the California
Timberland Productivity Act of 1982, Chapter 6.7 (commencing with
Section 51100) of Part 1 of Division 1 of Title 5.
(b) A circulation element consisting of the general location and
extent of existing and proposed major thoroughfares, transportation
routes, terminals, and other local public utilities and facilities,
all correlated with the land use element of the plan.
(c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
(d) A conservation element for the conservation, development, and
utilization of natural resources including water and its hydraulic
force, forests, soils, rivers and other waters, harbors, fisheries,
wildlife, minerals, and other natural resources. That portion of the
conservation element including waters shall be developed in
coordination with any countywide water agency and with all district
and city agencies which have developed, served, controlled or
conserved water for any purpose for the county or city for which the
plan is prepared. Coordination shall include the discussion and
evaluation of any water supply and demand information described in
Section 65352.5, if that information has been submitted by the water
agency to the city or county. The conservation element may also
cover:
(1) The reclamation of land and waters.
(2) Prevention and control of the pollution of streams and other
waters.
(3) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
(4) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
(5) Protection of watersheds.
(6) The location, quantity and quality of the rock, sand and
gravel resources.
(7) Flood control.
The conservation element shall be prepared and adopted no later
than December 31, 1973.
(e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
(f) A noise element which shall identify and appraise noise
problems in the community. The noise element shall recognize the
guidelines established by the Office of Noise Control in the State
Department of Health Services and shall analyze and quantify, to the
extent practicable, as determined by the legislative body, current
and projected noise levels for all of the following sources:
(1) Highways and freeways.
(2) Primary arterials and major local streets.
(3) Passenger and freight on-line railroad operations and ground
rapid transit systems.
(4) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
(5) Local industrial plants, including, but not limited to,
railroad classification yards.
(6) Other ground stationary noise sources identified by local
agencies as contributing to the community noise environment.
Noise contours shall be shown for all of these sources and stated
in terms of community noise equivalent level (CNEL) or day-night
average level (Ldn). The noise contours shall be prepared on the
basis of noise monitoring or following generally accepted noise
modeling techniques for the various sources identified in paragraphs
(1) to (6), inclusive.
The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any. The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.
(g) A safety element for the protection of the community from any
unreasonable risks associated with the effects of seismically induced
surface rupture, ground shaking, ground failure, tsunami, seiche,
and dam failure; slope instability leading to mudslides and
landslides; subsidence, liquefaction and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
the Public Resources Code, and other geologic hazards known to the
legislative body; flooding; and wild land and urban fires. The
safety element shall include mapping of known seismic and other
geologic hazards. It shall also address evacuation routes, peakload
water supply requirements, and minimum road widths and clearances
around structures, as those items relate to identified fire and
geologic hazards. Prior to the periodic review of its general plan
and prior to preparing or revising its safety element, each city and
county shall consult the Division of Mines and Geology of the
Department of Conservation and the Office of Emergency Services for
the purpose of including information known by and available to the
department and the office required by this subdivision.
To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
At least 45 days prior to adoption or amendment of the safety
element, each county and city shall submit to the Division of Mines
and Geology of the Department of Conservation one copy of a draft of
the safety element or amendment and any technical studies used for
developing the safety element. The division may review drafts
submitted to it to determine whether they incorporate known seismic
and other geologic hazard information, and report its findings to the
planning agency within 30 days of receipt of the draft of the safety
element or amendment pursuant to this subdivision. The legislative
body shall consider the division's findings prior to final adoption
of the safety element or amendment unless the division's findings are
not available within the above prescribed time limits or unless the
division has indicated to the city or county that the division will
not review the safety element. If the division's findings are not
available within those prescribed time limits, the legislative body
may take the division's findings into consideration at the time it
considers future amendments to the safety element. Each county and
city shall provide the division with a copy of its adopted safety
element or amendments. The division may review adopted safety
elements or amendments and report its findings. All findings made by
the division shall be advisory to the planning agency and
legislative body.
SEC. 2. Section 65302.2 is added to the Government Code, to read:
65302.2. Upon the adoption, or revision, of a city or county's
general plan, on or after January 1, 1996, the city or county shall
utilize as a source document any urban water management plan
submitted to the city or county by a water agency.
SEC. 3. Section 21151.9 is added to the Public Resources Code, to
read:
21151.9. Whenever a city or county determines that an
environmental impact report is required in connection with a project,
as defined in Section 10913, and described in Section 10910, of the
Water Code, it shall comply with Part 2.10 (commencing with Section
10910) of Division 6 of the Water Code.
SEC. 4. Part 2.10 (commencing with Section 10910) is added to
Division 6 of the Water Code, to read:
PART 2.10. WATER SUPPLY PLANNING TO SUPPORT EXISTING AND
PLANNED FUTURE USES
10910. (a) Any city or county that determines that an
environmental impact report is required in connection with a project,
as defined in Section 10913, shall comply with this part if, as part
of the approval of the project, either of the following is required:
(1) The adoption of a specific plan, if the city or county has not
previously complied with this part for the project in question.
(2) An amendment to, or revision of, the land use element of a
general plan, or a specific plan, that will result in a net increase
in the stated population density or building intensity to provide for
additional development.
(b) Notwithstanding subdivision (a), only a project that will
result in a net increase in the stated population density or building
intensity that has been identified in connection with the revision
of any part of a general plan is subject to the requirements imposed
by this part, if the project has not previously complied with this
part.
(c) The city or county shall, at the time that it submits a notice
of preparation pursuant to Section 21080.4 of the Public Resources
Code, identify any water system that is, or may become, a public
water system, as defined in Section 10912, that may supply water for
the project.
(d) The city or county, at the time it submits a notice of
preparation, shall request each public water system identified
pursuant to subdivision (c) to assess whether the projected water
demand associated with a proposed project described in subdivision
(a) or (b) was included as part of the most recently adopted urban
water management plan adopted pursuant to Part 2.6 (commencing with
Section 10610). As part of that assessment, the public water system
shall indicate whether its total projected water supplies available
during normal, single-dry, and multiple-dry water years included in
the 20-year projection contained in the urban water management plan
will meet the projected water demand associated with the proposed
project, in addition to the public water system's existing and
planned future uses.
(e) The governing body of each public water system shall approve
the assessment prepared pursuant to subdivision (d), at a regular or
special meeting and submit the assessment to the city or county not
later than 30 days after the date on which the request was received.
(f) If the public water system that receives a request pursuant to
subdivision (d) fails to submit its assessment to the city or county
within the 30 days provided in subdivision (e), it shall be assumed,
without a request for a specific extension of time, that the public
water system has no information to submit.
10911. (a) If, as a result of its assessment, the public water
system concludes that its water supplies are, or will be,
insufficient, the public water system shall provide to the city or
county its plans for acquiring additional water supplies, setting
forth the measures that are being undertaken to acquire and develop
those water supplies. Those plans may include, but are not limited
to, information concerning all of the following:
(1) The estimated total costs, and the proposed method of
financing the costs, associated with acquiring the additional water
supplies.
(2) All federal, state, and local permits, approvals, or
entitlements that are anticipated to be required in order to acquire
and develop the additional water supplies.
(3) Based on the considerations set forth in paragraphs (1) and
(2), the estimated timeframes within which the public water system
expects to be able to acquire additional water supplies.
(b) The lead agency shall include in the environmental impact
report the water supply assessment provided to the lead agency by the
public water system pursuant to Section 10910, and any information
provided pursuant to subdivision (a), except that the assessment and
information shall not exceed 10 standard typewritten pages in length
unless the lead agency determines that additional information is
appropriate.
(c) The lead agency may include in the environmental impact report
an evaluation of any information included in the environmental
impact report provided pursuant to subdivision (b). The lead agency
shall determine, based on the entire record, whether projected water
supplies will be sufficient to satisfy the demands of the proposed
project, in addition to existing and planned future uses. If the
lead agency determines that water supplies will not be sufficient,
the lead agency shall include that determination in its findings
pursuant to Section 21081 of the Public Resources Code.
10912. For the purposes of this part, "public water system" means
a system for the provision of piped water to the public for human
consumption that has 3000 or more service connections. A public
water system includes all of the following:
(a) Any collection, treatment, storage, and distribution facility
under control of the operator of the system which is used primarily
in connection with the system.
(b) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with the
system.
(c) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.
10913. A project, for the purposes of this part, means any of the
following activities for which an application has been submitted to
a city or county:
(a) A proposed residential development of more than 500 dwelling
units.
(b) A proposed shopping center or business establishment employing
more than 1,000 persons or having more than 500,000 square feet of
floor space.
(c) A proposed commercial office building employing more than
1,000 persons or having more than 250,000 square feet of floor space.
(d) A proposed hotel or motel, or both, having more than 500
rooms.
(e) A proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons, occupying
more than 40 acres or land, or having more than 650,000 square feet
of floor area.
(f) A mixed-use project that would demand an amount of water
equivalent to, or greater than, the amount of water required by a
500-dwelling-unit project.
10914. (a) Nothing in this part is intended to create a right or
entitlement to water service or any specific level of water service.
(b) Nothing in this part is intended to either impose, expand, or
limit any duty concerning the obligation of a public water system to
provide certain service to its existing customers or to any future
potential customers.
(c) Nothing in this part is intended to modify or otherwise change
existing law with respect to projects which are not subject to this
part.
(d) This part applies only to a project for which a notice of
preparation is submitted on or after January 1, 1996.
10915. (a) The Legislature finds and declares all of the
following:
(1) The voters of the County of San Diego, in November 1988,
approved Proposition C, a measure that required the development of a
regional growth management plan and directed the establishment of a
regional planning and growth management review board.
(2) The County of San Diego and the cities in the county, by
agreement, designated the San Diego Association of Governments as
that review board.
(3) A regional growth management strategy that provides for a
comprehensive regional strategy and a coordinated economic
development and growth management program has been developed pursuant
to Proposition C.
(4) The regional growth management strategy includes a water
element to coordinate planning for water that is consistent with the
requirements of this part.
(5) The San Diego County Water Authority, by agreement with the
San Diego Association of Governments in its capacity as the review
board, uses the association's most recent regional growth forecasts
for planning purposes and to implement the water element of the
strategy.
(b) The procedures established by the review board for the
development and approval of the regional growth management strategy,
including the water element and any certification process established
to ensure that a general plan is consistent with that element, are
deemed to comply with the requirements of this part.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.