BILL NUMBER: AB 2153 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 22, 2008
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 , with certain exceptions, require a
residential or commercial building project that is subject to CEQA to
implement all feasible and cost-effective water efficiency measures.
The project would be required to mitigate its projected annual water
consumption, as specified. 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
reviewed, approved, and monitored by the lead agency. The lead
agency, in consultation with a water supplier, would be authorized to
deem a residential or commercial building project to be in
compliance with the mitigation requirement if the lead agency
determines that compliance by the building project with a local
program would result in equivalent or greater mitigation of the
building project's water supply impacts.
Because a lead agency, which includes a local agency, would be
required to review, 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.
SEC. 3. Section 21150.10 is added to the Public Resources Code, to
read:
21150.10. (a) A new residential or commercial building 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 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 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) (A) Programs or projects implemented to achieve
mitigation shall have a life expectancy of at least 20 years and have
quantifiable results that result in the capacity to make available
or decrease the demand for an amount of water equal to the projected
annual water consumption of the project.
(B) Notwithstanding subparagraph (A), if the costs of implementing
the programs or projects that result in the required quantifiable
result are more than 1 percent of the total price of the commercial
or residential building, the new residential or commercial building
project shall only be required to implement programs or projects
that, in total, cost no more than 1 percent of the total price of the
commercial or residential buildings and that, to the maximum extent
feasible, approach the quantifiable result specified in subparagraph
(A).
(C) Notwithstanding subparagraph (A), if the new residential or
commercial building project only replaces an existing residential or
commercial building, the project shall only be required to implement
programs or projects to mitigate the amount of water consumed by the
new residential or commercial building project that exceeds the
annual average water consumption, for the proceeding five years, of
the residential or commercial building being replaced.
(3) Programs and projects implemented to achieve the mitigation of
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 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 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.
(i) If a lead agency, in consultation with a water supplier,
determines that a local program applicable to the new residential or
commercial building project achieves equivalent results in water
supply reliability as, or greater results in water supply reliability
than, required by this section, the lead agency may deem the new
residential or commercial building project to be in compliance with
this section if the building project complies with the requirements
of the local program.
(j) This section does not limit a local agency's authority to
implement local programs related to water supply reliability.
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.