BILL ANALYSIS
AB 2153
Page 1
ASSEMBLY THIRD READING
AB 2153 (Krekorian)
As Amended May 19, 2008
Majority vote
NATURAL RESOURCES 5-3 APPROPRIATIONS 9-5
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|Ayes:|Hancock, Brownley, Laird, |Ayes:|Leno, Davis, DeSaulnier, |
| |Saldana, Wolk | |Furutani, Huffman, |
| | | |Karnette, Krekorian, |
| | | |Lieu, Nava |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|La Malfa, Aghazarian, |Nays:|Walters, Emmerson, La |
| |Keene | |Malfa, Nakanishi, Sharon |
| | | |Runner |
| | | | |
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SUMMARY : Amends the California Environmental Quality Act (CEQA)
to require every new residential or commercial building subject
to CEQA to implement all feasible and cost-effective water
efficiency measures, then mitigate its annual water consumption,
as projected by its water supplier. Specifically, this bill :
1)Requires mitigation measures to be implemented within the same
hydrologic region as the new building and provides mitigation
measures may include:
a) Water efficiency measures including interior and
exterior water conservation;
b) Infrastructure rehabilitation resulting in reduced water
loss due to leaking pipes or reduced need to flush pipe
systems;
c) Recycled water facilities;
d) Groundwater remediation and treatment facilities;
e) Stormwater capture facilities; and,
f) Greywater systems.
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2)Requires mitigation measures to meet the following criteria:
a) At least 40% of the mitigation shall be accomplished
through projects that serve disadvantaged communities;
b) Mitigation projects shall have a life expectancy of at
least 20 years and have quantifiable results that yield
water equal to the projected water usage of the project;
and,
c) Mitigation projects shall, to the extent feasible,
minimize greenhouse gas emissions, minimize environmental
impact, reduce contaminated runoff, and provide
environmental benefit.
3)Provides that affordable housing and public building projects
are subject to water efficiency requirements, but not
mitigation requirements.
EXISTING LAW :
1)Requires lead agencies with the principal responsibility for
carrying out or approving a proposed project to prepare a
negative declaration, mitigated negative declaration, or
environmental impact report (EIR) for this action, unless the
project is exempt from CEQA (CEQA includes various statutory
exemptions, as well as categorical exemptions in the CEQA
Guidelines). CEQA requires mitigation of significant effects
on the environment.
2)Exempts specified residential housing projects which meet
extensive criteria established to ensure the projects do not
have a significant effect on the environment. Generally, the
exemption is available to affordable agricultural housing
projects under 45 units, affordable urban housing projects
under 100 units, and urban infill housing projects under 100
units near a major transit stop.
3)Prohibits approval of a tentative or parcel map, or a
development agreement for a subdivision of property of more
than 500 residential units, unless the legislative body of a
city or county or the designated advisory agency provides
written verification from the applicable public water system
that a sufficient water supply is available or, in addition, a
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specified finding is made by the local agency that sufficient
water supplies are, or will be, available prior to completion
of the project.
4)Provides that whenever a city or county determines that a
project is subject to CEQA, the project must comply with the
provisions of law that evaluate the sufficiency of water
supplies.
5)Requires the California Energy Commission (CEC) to prescribe
energy conservation design standards for new residential and
new nonresidential buildings, and also prescribe water
efficiency standards for those buildings, provided the adopted
water efficiency standards are necessary to save energy.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potentially substantial costs, in the millions of
dollars annually statewide starting in 2008-09, to cities and
counties and other local lead agencies under CEQA to review and
approve project mitigation measures and to enforce the
mitigation process. These costs are covered by revenue
generated by CEQA-related fees imposed on project developers.
COMMENTS : Since California's last prolonged drought in the
early 1990's, Californians have taken numerous steps to promote
water conservation. In 1991, the Urban Water Management
Council's memorandum of understanding (MOU) was executed among
water agencies to promote "best management practices" for water
use efficiency. The next year, Congress passed the Central
Valley Project Improvement Act, which required agricultural
users to develop water conservation plans. In the decade that
followed, the vast majority of urban water agencies signed on to
the MOU; agricultural water agencies developed their own MOU;
the CALFED Bay Delta Program began implementing a water use
efficiency program; and, the Legislature passed laws requiring
urban water management plans to include water conservation
plans.
AB 1560 (Huffman), Chapter 532, Statutes of 2007, extended water
use efficiency efforts into the private sector, establishing
water use efficiency standards for new residential and
non-residential buildings, provided the water efficiency
standards are necessary to save energy. The CEC has concluded
that as much as 19% of electric energy load is related to the
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movement, treatment, and consumption of water and 39% of gas
load is related to heating water.
CEQA provides a process for evaluating the environmental effects
of applicable projects undertaken or approved by public
agencies. If a project is not exempt from CEQA, an initial
study is prepared to determine whether the project may have a
significant effect on the environment. If the initial study
shows that there would not be a significant effect on the
environment, the lead agency prepares a negative declaration.
If the initial study shows that the project may have a
significant effect on the environment, the lead agency prepares
an EIR.
Generally, an EIR must accurately describe the proposed project,
identify and analyze each significant environmental impact
expected to result from the proposed project, identify
mitigation measures to reduce those impacts to the extent
feasible, and evaluate a range of reasonable alternatives to the
proposed project. Prior to approving any project that has
received environmental review, an agency must make certain
findings. If mitigation measures are required or incorporated
into a project, the agency must adopt a reporting or monitoring
program to ensure compliance with those measures.
This bill proposes a novel application of the CEQA concept of
mitigation. Rather than having mitigation following
project-specific analysis and identification of significant
effects on the environment, this bill would require each new
building to mitigate any projected water use, on the basis that
net water consumption should be avoided for new construction as
a statewide matter, regardless of individual project details or
local circumstances.
What types of buildings would be subject to this bill? It is
difficult to generalize, but affordable housing projects and
limited infill housing projects, as well as individual
single-family homes, that are exempt from CEQA, would not be
subject to this bill. Multi-unit apartment and housing
developments, or commercial buildings, of any significant size
likely would be subject to the bill. In addition, even a
project that receives a negative declaration is "subject to
CEQA," so the bill may apply to a project otherwise determined
to have no significant effect on the environment. All qualified
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affordable housing projects and public building projects (local,
state, and schools) are exempt from the bill's mitigation
requirements.
What process will govern the selection and validation of
mitigation measures? As stated above, CEQA mitigation is
handled by the lead agency on a project-by-project basis.
Pursuant to the CEQA process, the proposed mitigation measures
would be subject to public review and comment, then approval by
the lead (public) agency. In approving the project, the agency
must adopt a reporting or monitoring program to ensure
compliance with those mitigation measures. The particular
mitigation measures likely would be selected by the project
developer and subject to review, approval, and monitoring by the
lead agency.
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
FN: 0004752