BILL ANALYSIS
AB 2409
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2409 (Nestande)
As Amended June 15, 2010
Majority vote
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|ASSEMBLY: |74-0 |(April 22, |SENATE: |33-0 |(June 17, |
| | |2010) | | |2010) |
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Original Committee Reference: W.,P. & W.
SUMMARY : Requires urban water agencies in preparing water
contingency analyses included in urban water management plans
(UWMPs) to analyze and define water features artificially
supplied with water, such as ponds, lakes, waterfalls and
fountains, separately from swimming pools and spas.
The Senate amendments make the requirements of this bill
applicable commencing with UWMP updates due December 31, 2015.
EXISTING LAW requires UWMPs 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.
UWMPs are required to be updated every five years.
AS PASSED BY THE ASSEMBLY , this bill required urban water
agencies, in preparing water contingency analyses included in
UWMPs, to analyze and define water features artificially
supplied with water, such as ponds, lakes, waterfalls and
fountains, separately from swimming pools and spas.
FISCAL EFFECT : This bill is nonfiscal.
COMMENTS : This bill seeks to address a concern that the
definition of water feature included in the state model water
efficient landscape ordinance, which includes both decorative
water features and pools and spas, not be adopted by urban water
agencies in the development of their drought response plans.
The concern is that if pools and spas are lumped together with
other water features and treated the same, the plans could
inadvertently lead to swimming pools and spas being ordered to
be drained and shut down in drought emergencies. According to
AB 2409
Page 2
the sponsors of this bill, requiring pools and spas to be
drained for an extended period of time may cause serious damage
to the pool. This bill attempts to avoid this problem by
amending the Urban Water Management Planning Act to require that
decorative water features be treated separately from swimming
pools and spas. However, by requiring that pools and spas be
treated separately, this bill does not prohibit a local agency
from requiring appropriate water conservation measures related
to either water features or pools and spas. The Senate
amendments delay application of this bill's requirements to the
UWMP update due December 31, 2015, in order to ensure that the
requirements apply uniformly to all UWMPs required to be updated
by that date.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0004858