BILL NUMBER: AB 2153 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 19, 2008
AMENDED IN ASSEMBLY APRIL 8, 2008
AMENDED IN ASSEMBLY MARCH 24, 2008
INTRODUCED BY Assembly Members Krekorian and Hancock
( Coauthor: Assembly Member
Huffman )
FEBRUARY 20, 2008
An act to add Section 21150.10 to the Public Resources Code,
relating to water conservation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2153, as amended, Krekorian. Water conservation.
The California Environmental Quality Act (CEQA) requires a city or
county, if it determines that a project is subject to CEQA, to
identify any public water system that may supply water for the
project and to request those public water systems to prepare a
specific water supply assessment, except as otherwise specified. If
the city or county is unable to identify the water supply system, the
city or county is required to prepare the water supply assessment
after a prescribed consultation.
This bill would require a residential or commercial
construction building project that is subject to
CEQA and required by a lead agency to prepare a mitigated
negative declaration or an environmental impact report to
implement all feasible and cost-effective water efficiency measures.
The project would be required to mitigate its projected annual water
consumption, as specified. Affordable Defined
affordable housing projects and public building projects
would be exempted from this mitigation requirement. Public
building projects would be required to implement feasible and
cost-effective water efficiency that are required by the existing
building standards. The mitigation measures taken would be
subject to review and approval by reviewed,
approved, and monitored by the lead agency.
Because a lead agency, which includes a local agency, would be
required to review and approve those direct investments
, approve, and monitor the mitigation measures ,
this bill would increase the level of services provided by a local
agency, thereby imposing a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares
all of the following:
(1) Securing water supply reliability is vital to California's
business climate, as well as to the health of the agricultural
industry, environment, rural communities, and residents who continue
to face the possibility of severe water cutbacks during water
shortage periods.
(2) As water supply reliability decreases, diversions from already
stressed waterways and overdrafted groundwater basins increase,
resulting in significant environmental impacts.
(3) With increasing frequency, California's water agencies are
required to impose water rationing and water rate increases on their
residential and business customers due to reduced water supply
reliability.
(4) Water supply reliability for all regions of the state has been
declining in recent years due to climate change, ecosystem crisis in
the Sacramento-San Joaquin Delta and other waterways, extended
drought in the Colorado River Basin, contamination of groundwater
basins, and increasing demand for water to sustain growth in
California.
(5) In 2006, the Department of Water Resources issued a report on
climate change and California's water resources concluding that
climate change is likely to continue to have significant effects on
the state's water supply projects and the Sacramento-San Joaquin
Delta.
(6) Existing residents and businesses will be subject to
increasing water rates and assessments in order to maintain existing
levels of water supply reliability and adapt to the impacts of
climate change on water supplies.
(7) Disadvantaged communities in California will be
disproportionately impacted by reduction in water supply reliability
due to the lack of efficient water appliances and infrastructures, as
well as a reduced ability to pay increased rates for water supplies.
(8) With California's population expected to reach nearly 60
million people by the year 2050, California must accommodate millions
of more residents in the coming decades.
(9) New water demands will further decrease water supply
reliability and result in an additional financial burden to existing
residents and businesses and in significant environmental impacts if
the water demands are not mitigated.
(10) There are a variety of measures available to secure and
restore water supply reliability within California.
(11) Bulletin 160-05, the California Water Plan update, projects
that urban water conservation can reduce water demand by between two
and three million acre-feet of water per year by the year 2030.
(12) The plan also projects that recycled water can increase water
supplies by over one million acre-feet by the year 2030.
(13) Stormwater capture, groundwater treatment, greywater, and
infrastructure replacement have also been identified as potential
water supply reliability management tools.
(14) To avoid the significant environmental and economic impacts
associated with reduced water supply reliability, California must
accommodate growth while securing water supply reliability for the
benefits of the people, the economy, and the environment of
California.
(b) It is the intent of the Legislature to strengthen the process
pursuant to which local agencies avoid significant impacts and secure
water supply reliability within a region when considering projects
that increase the annual water consumption.
SEC. 2. This act shall be known and may be cited
as the Water Efficiency and Security Act.
SECTION 1. SEC. 3. Section 21150.10
is added to the Public Resources Code, to read:
21150.10. (a) A new residential or commercial building
construction project that is subject to this division shall
implement all feasible and cost-effective water efficiency measures
within the interior and exterior of the project .
(b) If, after implementing all feasible and cost-effective water
efficiency measures within the interior and exterior of the
project , the residential or commercial building will result in
any new residential or commercial annual water
consumption, as projected by its water supplier, the project shall
mitigate its projected annual water consumption , including
within the interior and exterior of the project , within the
same hydrologic region, through any of the following measures:
(1) Water efficiency measures including interior and exterior
water conservation.
(2) Infrastructure rehabilitation resulting in reduced water loss
due to leaking pipes or reduced need to flush pipe systems.
(3) Recycled water facilities.
(4) Groundwater remediation and treatment facilities.
(5) Stormwater capture facilities.
(6) Greywater systems.
(c) The mitigation measures taken pursuant to subdivision (b)
shall be subject to the review and approval of the lead
agency reviewed, approved, and monitored by the lead
agency in consultation with the water supplier .
(d) For the purpose of this section, mitigation measures shall
meet the all of all of the following
criteria:
(1) At least 40 percent of the mitigation of annual water
consumption shall be accomplished through projects that serve
disadvantaged communities within the same hydrologic region of the
proposed project.
(2) Programs or projects implemented to achieve mitigation shall
be real, have a life expectancy of at least 20
years , and have quantifiable results that
produce result in the capacity to make
available or decrease the demand for an amount of water equal
to the projected water usage annual water
consumption of the project.
(3) Programs and projects implemented to achieve the mitigation of
water usage annual water consumption
shall to the extent feasible , as determined by the lead agency,
minimize greenhouse gas emissions, minimize environmental
impact, reduce contaminated runoff, and provide environmental
benefit benefits .
(e) Mitigation measures undertaken pursuant to subdivision (b) may
be carried out in or serve affordable housing communities and
projects , or public buildings, including public education
facili ties .
(f) Notwithstanding subdivision (d), mitigation measures
undertaken pursuant to subdivision (b) for public buildings shall be
carried out on or serve existing publicly owned facilities with
priority given to public education facilities.
(f) Public building projects shall implement all feasible and
cost-effective water efficiency required by subdivision (a) that are
required by existing building standards, but shall be exempt from the
mitigation requirements set forth in subdivision (b).
(g) Affordable housing projects shall implement all feasible and
cost-effective water efficiency required by subdivision (a) ,
but shall be exempted from the mitigation requirements pursuant
to subdivision (b).
(h) For the purposes of this section, the following terms shall
have the following definitions:
(1) "Affordable housing project" means a housing project specified
in Section 50052.5 of the Health and Safety Code.
(2) "Disadvantaged community" has the same meaning as that set
forth in Section 75005.
(3) "Hydrologic region" has the same meaning as set forth in the
California Water Plan developed pursuant to Part 1.5 (commencing with
Section 10004) of Division 6 of the Water Code.
(4) "Public building" means a building owned and occupied by the
state, a county, a city, a regional agency, a school district, the
University of California, the California State University, or a
California Community College district.
SEC. 2. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B 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.