BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                    AB 49|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 49
          Author:   Feuer (D)
          Amended:  7/9/09 in Senate
          Vote:     21

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  7-3, 7/6/09
          AYES:  Pavley, Kehoe, Leno, Padilla, Simitian, Wiggins,  
            Wolk
          NOES:  Benoit, Hollingsworth, Huff
          NO VOTE RECORDED:  Cogdill

           ASSEMBLY FLOOR  :  43-30, 6/3/09 - See last page for vote


           SUBJECT  :    Water conservation

           SOURCE  :     Author


           DIGEST  :    This bill states the intent of the Legislature  
          to enact legislation to establish a 20 percent water  
          efficiency requirement for the year 2020 for agricultural  
          and urban water users.

           ANALYSIS  :    Existing law requires the Department of Water  
          Resources to undertake or administer various programs  
          related to water conservation.

           Background
           
          Under existing law, the California Water Plan is accepted  
          as the master plan that guides the orderly and coordinated  
                                                           CONTINUED





                                                                 AB 49
                                                                Page  
          2

          control, protection, conservation, development, management  
          and efficient utilization of the water resources of the  
          state.  The Department of Water Resources (DWR) is required  
          to update the Water Plan on or before December 31, 2003,  
          and every five years thereafter.  The plan shall include a  
          discussion of various strategies that may be pursued in  
          order to meet the future water needs of the state.

          The Urban Water Management Planning Act requires urban  
          water suppliers to prepare and submit Urban Water  
          Management Plans to DWR every five years on or before  
          December 31, in years ending in five and zero.  Among other  
          things, the plans are required to:

          1.Describe the reliability of the water supply by water  
            year type (average, single dry year, etc.) 

          2.Quantify, to the extent records are available, past,  
            current, and projected water use, identifying the uses  
            among water use sectors (residential, commercial, etc.).

          3.Describe each water demand management measure currently  
            being implemented, or scheduled for implementation.

          The Agricultural Water Management Planning Act required  
          agricultural water suppliers that supply more than 50,000  
          acre-feet of water annually to develop agricultural water  
          management plans by 1992.  Among other things, and to the  
          extent information was available, the reports were to  
          address the following:

          1.Current water conservation and reclamation practices  
            being used.

          2.Plans for changing current water conservation plans.

          3.Conservation educational services being used.

          4.Whether the supplier, through improved irrigation water  
            management, has a significant opportunity to do one or  
            both of the following:

          5.Save water by means of reduced evapotranspiration,  
            evaporation, or reduction of flows to unusable water  







                                                                 AB 49
                                                                Page  
          3

            bodies that fail to serve further beneficial uses.

          6.Reduce the quantity of highly saline or toxic drainage  
            water.

          Existing law makes the terms of, and eligibility for, a  
          water management grant or loan made to an urban water  
          supplier and awarded or administered by the department,  
          state board, or California Bay-Delta Authority or its  
          successor agency conditioned on the implementation of the  
          water demand management measures identified in the Urban  
          Water Management Planning Act.

          Under Federal law (Section 210 Public Law 97-293 of 1982)  
          all Central Valley Project contractors are required to  
          develop water conservation plans.  In 1993, the Central  
          Valley Project Improvement Act Section 3405(e) required the  
          Bureau of Reclamation to develop criteria to determine the  
          adequacy of the water conservation plans required by  
          Section 210.  The Bureau adopted the criteria in 1993 and  
          the most recent update was done in 2005.

          On February 28, 2008 Governor Schwarzenegger sent a letter  
          to Senators Perata, Steinberg, and Machado in response to  
          their concerns that his administration was unilaterally  
          beginning work on a "peripheral canal."  In that letter,  
          the Governor identified administrative actions he was  
          considering as part of a comprehensive solution in the  
          Delta.  Included in that letter was the following "key  
          element:"

               A plan to achieve a 20 percent reduction in per capita  
               water use statewide by 2020.  Conservation is one of  
               the key ways to provide water for Californians and  
               protect and improve the Delta ecosystem.  A number of  
               efforts are already underway to expand conservation  
               programs, but I plan to direct state agencies to  
               develop this more aggressive plan and implement it to  
               the extent permitted by current law.  I would welcome  
               legislation to incorporate this goal into statute.

          This bill states the intent of the Legislature to enact  
          legislation to establish a 20 percent water efficiency  
          requirement for the year 2020 for agricultural and urban  







                                                                 AB 49
                                                                Page  
          4

          water users.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified - reflects prior version)

          Metropolitan Water District of Southern California (source)  

          Natural Resources Defense Council (source) 
          Aerospace Cancer Museum of Education
          Amigo de los Rios
          CA ReLeaf
          California League of Conservation Voters
          California Sportfishing Protection Alliance
          California State Grange
          California Striped Bass Association West Delta Chapter
          California Urban Forests Council
          Central Basin Municipal Water District 
          City of Los Angeles
          Clean Up Rocketdyne
          Clean Water Action
          Contra Costa Water District
          Defenders of Wildlife
          Diablo Valley Fly Fishermen
          Environmental Defense Fund
          Environmental Entrepreneurs
          Food and Water Watch
          Friends of the River
          Green Plumbers USA
          Heal the Bay
          Inland Empire Utilities Agency
          Irvine Ranch Water District
          Mountains Recreation and Conservation Authority
          National Parks Conservation Association
          Northern California/Nevada Council Federation of Fly  
          Fishers
          Pacific Coast Federation of Fishermen's Associations
          Pacific Institute
          Sierra Club California
          Sierra Nevada Alliance
          Sonoma County Water Agency
          The Bay Institute
          Three Valleys Municipal Water District







                                                                 AB 49
                                                                Page  
          5

          TreePeople
          Upper San Gabriel Valley Municipal Water District
          Water 4 Fish
          West Basin Municipal Water District

           OPPOSITION :    (Verified - reflects prior version)

          Agricultural Council of California
          Association of California Water Agencies 
          California Association of Nurseries and Garden Centers
          California Association of Wheat Growers
          California Association of Winegrape Growers
          California Bean Shippers
          California Cattlemen's Association
          California Chamber of Commerce
          California Citrus Mutual
          California Cotton Growers and Ginners Associations
          California Farm Bureau Federation
          California Grain and Feed
          California League of Food Processors
          California Manufacturers and Technology Association
          California Nevada Soft Drink Association
          California Pear Growers
          California Retailers Association
          California Rice Commission
          California State Floral Association
          California Warehouse Association
          Chemical Industry Council of California
          City of Lakewood 
          Family Winemakers of California
          Friant Water Authority
          Grocery Manufacturers Association
          Imperial Irrigation District
          Industrial Environmental Association
          Irrigation Association
          Kern County Water Agency
          Modesto Irrigation District
          Nisei Farmers League
          Northern California Water Association
          Pacific Egg and Poultry Association
          Regional Council of Rural Counties
          Santa Barbara Technology and Industry Association
          Solano County Water Agency
          Tule River Association







                                                                 AB 49
                                                                Page  
          6

          Valley Ag Water Coalition
          Western Growers 
          Western States Petroleum Association
          Wine Institute


           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Beall, Blumenfield, Brownley, Buchanan,  
            Carter, Chesbro, Coto, Davis, De La Torre, De Leon, Eng,  
            Evans, Feuer, Fong, Fuentes, Furutani, Hall, Hayashi,  
            Hernandez, Hill, Huffman, Jones, Krekorian, Lieu, Bonnie  
            Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez,  
            Portantino, Price, Ruskin, Salas, Saldana, Skinner,  
            Solorio, Swanson, Torlakson, Torres, Torrico, Bass
          NOES:  Adams, Anderson, Arambula, Bill Berryhill, Tom  
            Berryhill, Blakeslee, Conway, Cook, DeVore, Duvall,  
            Emmerson, Fuller, Gaines, Garrick, Gilmore, Hagman,  
            Harkey, Huber, Jeffries, Knight, Logue, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Silva, Smyth, Audra Strickland,  
            Tran, Villines
          NO VOTE RECORDED:  Block, Caballero, Charles Calderon,  
            Fletcher, Galgiani, Miller, Yamada


          CTW:nl  7/10/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****