BILL ANALYSIS                                                                                                                                                                                                    





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2009-2010 Regular Session                    |
          |                                                                 |
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          BILL NO: AB 1465                   HEARING DATE: July 6, 2009  
          AUTHOR: Hill                       URGENCY: No  
          VERSION: June 30, 2009             CONSULTANT: Dennis O'Connor  
          DUAL REFERRAL: No                  FISCAL: Yes  
          SUBJECT: Urban water management planning.  
          
          BACKGROUND AND EXISTING LAW

          Under the Urban Water Management Planning Act, urban water  
          agencies are required to develop and adopt urban water  
          management plans by December 31, in years ending in 0 and 5.  

          1.Among other things, urban water management plans are to  
            describe specific elements of the supplier's water demand  
            management measures, such as:
                 Water survey programs for residential customers.
                 Residential plumbing retrofit.
                 System water audits, leak detection, and repair.
                 Metering with commodity based rates.
                 Conservation pricing.
                 Large landscape conservation programs and incentives.
                 High-efficiency washing machine rebate programs.
                 Public information and school education programs.
                 Conservation programs for commercial, industrial, and  
               institutional accounts.
                 Water conservation coordinator.
                 Residential ultra-low-flush toilet replacement programs.

            Urban water management plans are further required to provide  
            an evaluation of each of the above listed water demand  
            management measures that are not being implemented or  
            scheduled for implementation. In the course of the evaluation,  
            first consideration is to be given to water demand management  
            measures, or combination of measures, that offer lower  
            incremental costs than expanded or additional water supplies.

            Urban water suppliers that are members of the California Urban  
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            Water Conservation Council (CUWCC) and that submit annual  
            reports to that council in accordance with the "Memorandum of  
            Understanding Regarding Urban Water Conservation in  
            California," (MOU) dated September 1991, may submit the annual  
            reports identifying water demand management measures currently  
            being implemented, or scheduled for implementation, to satisfy  
            the requirements described above.

            On December 10, 2008, CUWCC significantly amended their MOU.   
            Among other things, the MOU was restructured to both increase  
            the required level of urban water conservation and to provide  
            significantly greater flexibility in how urban water suppliers  
            are to meet those requirements.  Essentially, the MOU shifted  
            from a "check-list" approach to actions required to achieve  
            "best" levels of conservation, like that required under the  
            Urban Water Management Planning Act, to an "outcomes based"  
            approach, which allows agencies to determine the most  
            appropriate strategy to achieve the same or higher level of  
            conservation.

          1.Urban water management plans are also required to provide a  
            description and quantification of specific potential uses of  
            recycled water.

          PROPOSED LAW
          
          This bill would provide that urban water suppliers that are  
          members of the California Urban Water Conservation Council, that  
          are complying with all the provisions of the updated MOU, and  
          are submitting the annual reports required by that MOU, shall be  
          deemed to be in compliance with the above listed requirements  
          the Urban Water Management Planning Act.

          This bill would also require that the description and  
          quantification of specific potential uses of recycled water  
          address the potential for indirect potable reuse of recycled  
          water.

          ARGUMENTS IN SUPPORT

          According to the author, "Last December, the CUWCC revised and  
          updated its BMPs.  The intent was to incorporate advances in  
          conservation practices and to provide a more flexible set of  
          BMPs that will allow urban water agencies to tailor their BMPs  
          to better fit their local circumstances.  The revised BMPs  
          include Foundational BMPs, relating to utilities operations and  
          education, and Programmatic BMPs, organized into residential,  
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          commercial, industrial and institutional, and landscape  
          categories.  Water agencies may also chose "Flex-Track"  
          activities that provide water savings at least equal to or more  
          than the savings that would be achieved through the foundational  
          and programmatic BMPs.  AB 1465 incorporates the updated BMPs  
          into state law."

          ARGUMENTS IN OPPOSITION: None

          COMMENTS: None
          
          SUGGESTED AMENDMENTS: None

          SUPPORT
          San Diego County Water Authority (Sponsor)
          Association of California Water Agencies
          California Landscape Contractors Association
          California Municipal Utilities Association
          California Special Districts Association
          East Bay Municipal Utility District
          Irvine Ranch Water District
          Metropolitan Water District of Southern California
          Southern California Water Committee

          OPPOSITION
          None Received





















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