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 2409 HEARING DATE: June 9, 2010
AUTHOR: Nestande URGENCY: No
VERSION: April 6, 2010 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: No FISCAL: No
SUBJECT: Urban water suppliers: water shortage contingency
analysis.
BACKGROUND AND EXISTING LAW
Under the Urban Water Management Planning Act, urban water
agencies are to update their urban water management plans by
December 31 in years ending in 0 or 5. Among other things, the
update is to include an urban water shortage contingency
analysis, which describes the actions the urban water agency
would take in response to water supply shortages.
Under provisions of the water conservation provisions adopted
under the 2009-10 7th Extraordinary Session, an urban water
supplier water supplier is required to adopt one of four methods
for determining its urban water use targets. One of the options
is to use a method that is to be developed by the Department of
Water Resources (DWR) by December 31, 2010. Any urban water
supplier that decides to use the DWR method is granted an
extension to July 1, 2010 for adoption of its urban water
management plan update.
PROPOSED LAW
This bill would require urban water agencies, in developing the
water shortage contingency analysis for the urban water
management plan update, to analyze and define water features
that are artificially supplied with water, including ponds,
lakes, waterfalls, and fountains, separately from swimming pools
and spas
ARGUMENTS IN SUPPORT
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According to the sponsor, "AB 2409 aims to correct a dangerous
precedent in regulations adopted by the Department of Water
Resources. Those regulations combine in the definition of
'water feature' decorative fountains, ponds and streams with
swimming pools and spas for purposes of the Model Efficient
Water Landscape Ordinance. We are concerned that the 'water
feature' definition could be adopted by local agencies for
drought ordinances and inadvertently lead to swimming pools and
spas being ordered to shut down in certain emergency situations.
AB 2409 will resolve any confusion in this area by amending the
Urban Water Management Planning Act to provide that decorative
water features be treated separately from swimming pools and
spas."
ARGUMENTS IN OPPOSITION: None
COMMENTS
Pools A Poppin! There is a legitimate concern that local
agencies, in adopting water conservation ordinances, might lump
pools and spas in with other water features. The consequences
of such an action could be severe. For example, if a pool is
drained for an extensive period, the plaster bottom may become
ruined, leading to expensive repairs. More troubling, empty
pools often pop out of the ground, ruining not only the pool but
the surrounding hardscape.
What About Spray/Splash Parks? The California Park & Recreation
Society has asked for an amendment to include publicly operated
spray/splash parks in the same category of analysis as pools and
spas. Such parks do provide a low cost alternative to public
swimming pools. However, the damage associated with turning off
a spray park pale in comparison with the damage caused by
draining a pool or spa.
Timing Is Everything. Should this bill become enacted this
session, it would become in force the day after urban water
management plans are to be adopted. Plans adopted on time would
not have to comply with the provisions of this bill until the
update due in 2015. However, it is not unheard of for urban
water management plans, for a variety of reasons, to be adopted
a month or so late. As drafted, this bill would require such
late urban water management plans to be revised to comply with
the provisions of this bill, delaying adoption even later.
Similarly, any urban water supplier that decides to use the DWR
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method for complying with the recently enacted water
conservation bill, and takes advantage of the extension to July
1, 2010 for adoption of its urban water management plan update,
would similarly have to revise its water shortage contingency
analysis to comply with the provisions of this bill.
Consequently, some urban water management plans that are
currently being developed would have to comply with this bill,
others would not. The committee may wish to consider an
amendment to make the provisions of this bill apply equally to
all urban water management plans by delaying the application of
this bill to the urban water management plan update due December
31, 2015. (See Suggested Amendment)
SUGGESTED AMENDMENT
On page 3, line 18, delete "For" and insert:
Commencing with the urban water management plan update due
December 31, 2015, for
SUPPORT
California Spa & Pool Industry Education Council (Sponsor)
California Park & Recreation Society (If amended per above)
OPPOSITION
None Received
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