BILL ANALYSIS
AB 300
Page 1
Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 300 (Caballero) - As Amended: April 20, 2009
Policy Committee: Local
GovernmentVote:7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill allows a homebuilder to receive credit for voluntary
water demand management measures that it incorporates into large
residential developments, and to pay a fee to reduce projected
water demand of their project, until January 1, 2020.
Specifically, this bill:
1)Requires a local agency to reduce the anticipated water demand
from a residential development project of 500 or more units,
based on the project applicant's inclusion of "voluntary water
demand management measures," until January 1, 2020.
2)Defines "voluntary water demand management measures" to
include smart irrigation controllers, waterless urinals,
ultralow flow and dual flow toilets, recycled water
facilities, rainwater capture and reuse facilities, and any
other measure that prevents waste or promotes reasonable and
efficient use and reuse of available water supplies.
3)Allows a developer to mitigate water demand associated with
proposed residential subdivision by paying into the water
supplier's "Voluntary Water Demand Mitigation Fund" to pay for
water conservation measures that do not supplant other such
measures.
FISCAL EFFECT
Minor, absorbable costs the Department of Water Resources.
COMMENTS
AB 300
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1)Rationale. The author contends this bill responds to local
agencies' failure, when estimating future water demand
associated with a housing development, to consider
homebuilders' use of water-saving devices. The author
believes this bill will encourage water conservation in new
homes by requiring local agencies to account for voluntary
conservation measures when quantifying a project's water
demand. The author further contends the bill will achieve
this encouragement without additional costs to state or local
government.
2)Background. Existing law prohibits approval of a subdivision
of property of more than 500 dwelling units, except as
specified, unless local government or the designated advisory
agency provides written verification from the applicable
public water system that a sufficient water supply will be
available prior to completion of the project. The law also
requires a water supplier to assess future water supply
whenever a city or county determines that a project, as
defined, is subject to the California Environmental Quality
Act (CEQA). Urban water suppliers must prepare Urban Water
Management Plans.
3)Supporters , including the California Building Industry
Association (this bill's sponsor) argue that home builders
have long included water conserving measures in residential
developments for which local agencies have not given them
adequate credit. They claim this bill will encourage the
inclusion of such measures by ensuring developers receive
credit for the water conservation achieved by such measures.
4)Opponents, though there are none registered against the bill
as currently written, are concerned that the bill fails to
ensure that the water conservation measures will be realized
and maintained by future home owners.
5)Related Legislation.
a) AB 1480 (Krekorian) provides alternative measures by
which a local agency may determine a large residential
development has sufficient water supply, similar to this
bill. AB 1408 passed Natural Resources 5-2 and is
currently set to be heard by this committee.
b) SB 610 (Costa, Chapter 643, Statutes of 2001) requires a
AB 300
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water supplier for a property that requires local
government to perform a review under the California
Environmental Quality Act (CEQA) to assess future water
supply sufficiency, upon the city or county's request.
c) SB 221 (Kuehl, Chapter 642, Statutes of 2001) prohibits
a local government from approving a development agreement
that includes a subdivision of more than 500 units unless
the developer can verifiably demonstrate that the
subdivision has 20-year water supplies.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081