BILL ANALYSIS
AB 2409
Page 1
Date of Hearing: March 23, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 2409 (Nestande) - As Amended: April 6, 2010
SUBJECT : Urban Water Suppliers: Water Shortage Contingency
Analysis
SUMMARY : Requires water contingency analyses included in urban
water management plans to analyze and define water features
artificially supplied with water, such as ponds, lakes,
waterfalls and fountains, separately from swimming pools and
spas.
EXISTING LAW :
1)Requires Urban Water Management Plans to include an urban
water shortage contingency analysis, with required elements
identifying stages of actions to be taken in response to water
supply shortages, and including mandatory actions to be taken
against certain water use practices during water shortages.
2)Requires the Department of Water Resources (DWR) to update the
state model water efficient landscaping ordinance through
regulation by January 1, 2009, and requires all local agencies
by January 1, 2010 to adopt the updated model ordinance or
another ordinance at least as effective. Makes the updated
model ordinance effective within the jurisdiction of a local
agency if the local agency has not adopted it's own ordinance
by January 1, 2010. The model ordinance defines water
features to include ponds, lakes, waterfalls, fountains,
artificial streams, spas and swimming pools (where water is
artificially supplied).
3)Requires a 20% reduction in urban per capita water use in
California by December 31, 2020. Requires the state to make
incremental progress towards this goal by reducing per capita
water use by at least 10% on or before December 31, 2015.
Requires each urban retail water supplier to develop urban
water use targets and an interim urban water use target.
FISCAL EFFECT : Unknown
COMMENTS :
AB 2409
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Background : The Water Conservation in Landscaping Act, (AB 325
of 1990), required DWR to appoint and work with an advisory task
force to develop a state model local water efficiency in
landscaping ordinance, and required each local agency to adopt a
water efficiency in landscaping ordinance by January 1, 1993, or
to adopt findings as to why an ordinance was unnecessary. AB
2717 (Laird), enacted in 2004, requested the California Urban
Water Conservation Council to convene a stakeholder workgroup to
make recommendations on water efficiency in urban landscaping.
The task force report was released in December of 2005 and
contained 43 recommendations. AB 1881 (Laird), enacted in 2006,
enacted a number of the recommendations of the task force,
required DWR to update the model ordinance by January 1, 2009 by
regulation, and required local agencies by January 1, 2010 to
adopt the updated model ordinance or another ordinance at least
as effective in achieving water conservation and efficiency. If
a local agency does not adopt its own ordinance by January 1,
2010, then the model ordinance automatically takes effect within
that local jurisdiction.
DWR's new regulations updating the model water efficiency
landscaping ordinance became effective on September 10, 2009,
and are contained in the California Code of Regulations, Title
23, 490-495.1. The regulations, among other things, require
applicants for new construction and landscape rehabilitation
projects to submit a landscaping documentation package to the
local agency. The landscaping documentation package is required
to include specified elements, including a water budget
calculation, with a maximum applied water allowance and an
estimated total water use.
Section 491(qqq) of the regulations defines "water feature" as
follows:
Water feature means a design element where open water performs
an aesthetic or recreational function. Water features include
ponds, lakes, waterfalls, fountains, artificial streams, spas
and swimming pools (where water is artificially supplied). The
surface area of water features is included in the high water use
hydrozone of the landscape area. Constructed wetlands used for
on-site wastewater treatment or stormwater best management
practices that are not irrigated and used solely for water
treatment or stormwater retention are not water features and,
therefore, are not subject to the water budget calculation.
AB 2409
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Water for urban landscaping comprises approximately 1/3rd of
urban water use, or 3 million acre feet of water annually. The
Legislature last year in SBX7 7 (Steinberg) enacted a
requirement that the state reduce statewide urban water use by
20% by 2020.
Purpose : The specific concern which this bill seeks to address
is the fear that swimming pools and spas could be ordered to be
shut down and drained if local agencies tie their drought
response initiatives to the updated model water efficiency
landscaping ordinance now in effect through much of the state.
The sponsors indicate that requiring pools and spas to be
drained for an extended period of time may cause damage to the
pool. They also assert that the legislative history of AB 1881,
and the goals and objectives of the law, do not show any
evidence of legislative intent that pools and spas be included
within the model ordinance.
This bill, as introduced, would have statutorily invalidated a
regulation adopted by DWR in updating the model water efficient
landscaping ordinance. The concerns raised by the sponsors of
this bill relate primarily to the actions that local agencies
may require as part of their drought response initiatives. The
model water efficiency in landscaping ordinance is not focused
specifically on drought response, but relates more to the design
of new construction and landscape rehabilitation projects. From
a policy perspective, an argument could be made that it is
appropriate that pools and spas be included in the model water
efficiency ordinance for purposes of water budgeting, if the
water budgeting element is to accurately reflect all anticipated
outdoor urban water use, particularly in light of the
Legislature's overall goals to reduce urban water use.
To more directly address the concern of the sponsors, without
statutorily amending DWR's model water efficiency ordinance
regulations, this bill as amended focuses more narrowly on
concerns with local requirements that may be imposed as part of
a drought response initiative. As amended, this bill requires
water contingency analyses developed as part of urban water
management plans to analyze and define "water features"
separately from pools and spas. This approach addresses the
concern that agencies not simply lump these all together, when
pools and spas may warrant different considerations, but does
not prohibit a local agency from requiring appropriate water
AB 2409
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conservation measures related to either water features or pools
and spas.
REGISTERED SUPPORT / OPPOSITION :
Support
California Spa & Pool Industry Education Council (sponsor)
Opposition
Planning and Conservation League (to prior version)
Sierra Club California (to prior version)
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096