BILL NUMBER: SB 261 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE APRIL 30, 2009
AMENDED IN SENATE APRIL 22, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senators Dutton and Ducheny
(Coauthors: Senators Correa, Hollingsworth, and Padilla)
FEBRUARY 24, 2009
An act to amend Section 10631 of, and to add Chapter 5 (commencing
with Section 10660) to Part 2.6 of Division 6 of, the Water Code,
relating to water use.
LEGISLATIVE COUNSEL'S DIGEST
SB 261, as amended, Dutton. Water use.
(1) Existing law requires the Department of Water Resources to
convene an independent technical panel to provide information to the
department and the Legislature on new demand management measures,
technologies, and approaches. "Demand management measures" means
those water conservation measures, programs, and incentives that
prevent the waste of water and promote the reasonable and efficient
use and reuse of available supplies. Existing law requires urban
water suppliers to prepare and adopt urban water management plans
with specified components.
This bill would require an urban water supplier to develop and
implement a water use efficiency and efficient water resources
management plan to reduce residential potable water use in a
specified manner or achieve extraordinary water use efficiency, as
defined. The urban water supplier or the regional water management
group, as applicable, would be required to report its progress
towards achieving a prescribed water use efficiency and efficient
water resources management target in specified documents.
The bill would enact the Comprehensive Urban Water Efficiency Act
of 2009. The board and the department, not later than April 1, 2010,
would be required to convene a task force to develop best management
practices for commercial, industrial, and institutional water uses
for the purpose of achieving a specified reduction in water use by
2020.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10631 of the Water Code is amended to read:
10631. A plan shall be adopted in accordance with this chapter
and shall do all of the following:
(a) Describe the service area of the supplier, including current
and projected population, climate, and other demographic factors
affecting the supplier's water management planning. The projected
population estimates shall be based upon data from the state,
regional, or local service agency population projections within the
service area of the urban water supplier and shall be in five-year
increments to 20 years or as far as data is available.
(b) Identify and quantify, to the extent practicable, the existing
and planned sources of water available to the supplier over the same
five-year increments described in subdivision (a). If groundwater is
identified as an existing or planned source of water available to
the supplier, all of the following information shall be included in
the plan:
(1) A copy of any groundwater management plan adopted by the urban
water supplier, including plans adopted pursuant to Part 2.75
(commencing with Section 10750), or any other specific authorization
for groundwater management.
(2) A description of any groundwater basin or basins from which
the urban water supplier pumps groundwater. For those basins for
which a court or the board has adjudicated the rights to pump
groundwater, a copy of the order or decree adopted by the court or
the board and a description of the amount of groundwater the urban
water supplier has the legal right to pump under the order or decree.
For basins that have not been adjudicated, information as to whether
the department has identified the basin or basins as overdrafted or
has projected that the basin will become overdrafted if present
management conditions continue, in the most current official
departmental bulletin that characterizes the condition of the
groundwater basin, and a detailed description of the efforts being
undertaken by the urban water supplier to eliminate the long-term
overdraft condition.
(3) A detailed description and analysis of the location, amount,
and sufficiency of groundwater pumped by the urban water supplier for
the past five years. The description and analysis shall be based on
information that is reasonably available, including, but not limited
to, historic use records.
(4) A detailed description and analysis of the amount and location
of groundwater that is projected to be pumped by the urban water
supplier. The description and analysis shall be based on information
that is reasonably available, including, but not limited to, historic
use records.
(c) (1) Describe the reliability of the water supply and
vulnerability to seasonal or climatic shortage, to the extent
practicable, and provide data for each of the following:
(A) An average water year.
(B) A single dry water year.
(C) Multiple dry water years.
(2) For any water source that may not be available at a consistent
level of use, given specific legal, environmental, water quality, or
climatic factors, describe plans to supplement or replace that
source with alternative sources or water demand management measures,
to the extent practicable.
(d) Describe the opportunities for exchanges or transfers of water
on a short-term or long-term basis.
(e) (1) Quantify, to the extent records are available, past and
current water use, over the same five-year increments described in
subdivision (a), and projected water use, identifying the uses among
water use sectors, including, but not necessarily limited to, all of
the following uses:
(A) Single-family residential.
(B) Multifamily.
(C) Commercial.
(D) Industrial.
(E) Institutional and governmental.
(F) Landscape.
(G) Sales to other agencies.
(H) Saline water intrusion barriers, groundwater recharge, or
conjunctive use, or any combination thereof.
(I) Agricultural.
(2) The water use projections shall be in the same five-year
increments described in subdivision (a).
(f) Provide a description of the supplier's water demand
management measures. This description shall include all of the
following:
(1) A description of each water demand management measure that is
currently being implemented, or scheduled for implementation,
including the steps necessary to implement any proposed measures,
including, but not limited to, all of the following:
(A) Water survey programs for single-family residential and
multifamily residential customers.
(B) Residential plumbing retrofit.
(C) System water audits, leak detection, and repair.
(D) Metering with commodity rates for all new connections and
retrofit of existing connections.
(E) Large landscape conservation programs and incentives.
(F) High-efficiency washing machine rebate programs.
(G) Public information programs.
(H) School education programs.
(I) Conservation programs for commercial, industrial, and
institutional accounts.
(J) Wholesale agency programs.
(K) Conservation pricing.
(L) Water conservation coordinator.
(M) Water waste prohibition.
(N) Residential ultra-low-flush toilet replacement programs.
(2) A schedule of implementation for all water demand management
measures proposed or described in the plan.
(3) A description of the methods, if any, that the supplier will
use to evaluate the effectiveness of water demand management measures
implemented or described under the plan.
(4) An estimate, if available, of existing conservation savings on
water use within the supplier's service area, and the effect of the
savings on the supplier's ability to further reduce demand.
(g) An evaluation of each water demand management measure listed
in paragraph (1) of subdivision (f) that is not currently being
implemented or scheduled for implementation. In the course of the
evaluation, first consideration shall be given to water demand
management measures, or combination of measures, that offer lower
incremental costs than expanded or additional water supplies. This
evaluation shall do all of the following:
(1) Take into account economic and noneconomic factors, including
environmental, social, health, customer impact, and technological
factors.
(2) Include a cost-benefit analysis, identifying total benefits
and total costs.
(3) Include a description of funding available to implement any
planned water supply project that would provide water at a higher
unit cost.
(4) Include a description of the water supplier's legal authority
to implement the measure and efforts to work with other relevant
agencies to ensure the implementation of the measure and to share the
cost of implementation.
(h) Include a description of all water supply projects and water
supply programs that may be undertaken by the urban water supplier to
meet the total projected water use as established pursuant to
subdivision (a) of Section 10635. The urban water supplier shall
include a detailed description of expected future projects and
programs, other than the demand management programs identified
pursuant to paragraph (1) of subdivision (f), that the urban water
supplier may implement to increase the amount of the water supply
available to the urban water supplier in average, single dry, and
multiple dry water years. The description shall identify specific
projects and include a description of the increase in water supply
that is expected to be available from each project. The description
shall include an estimate with regard to the implementation timeline
for each project or program.
(i) Describe the opportunities for development of desalinated
water, including, but not limited to, ocean water, brackish water,
and groundwater, as a long-term supply.
(j) Urban water suppliers that are members of the California Urban
Water Conservation Council and submit annual reports to that council
in accordance with the "Memorandum of Understanding Regarding Urban
Water Conservation in California," dated September 1991, may submit
the annual reports identifying water demand management measures
currently being implemented, or scheduled for implementation, to
satisfy the requirements of subdivisions (f), (g), and (l).
(k) Urban water suppliers that rely upon a wholesale agency for a
source of water shall provide the wholesale agency with water use
projections from that agency for that source of water in five-year
increments to 20 years or as far as data is available. The wholesale
agency shall provide information to the urban water supplier for
inclusion in the urban water supplier's plan that identifies and
quantifies, to the extent practicable, the existing and planned
sources of water as required by subdivision (b), available from the
wholesale agency to the urban water supplier over the same five-year
increments, and during various water-year types in accordance with
subdivision (c). An urban water supplier may rely upon water supply
information provided by the wholesale agency in fulfilling the plan
informational requirements of subdivisions (b) and (c).
(l) (1) Each urban water supplier or, upon resolution of its
governing board submitted to the department, each regional water
management group acting on behalf of the urban water suppliers within
the group's boundaries, shall develop and implement a water use
efficiency and efficient water resources management plan unless that
urban water supplier engages in extraordinary water use efficiency as
defined in subdivision (d) of Section 10663.
(2) A water use efficiency and efficient water resources
management plan shall accomplish one or both of the following:
(A) Reduce total residential potable water use by 2020 by a total
of 20 percent as compared to the 2020 projection in the agency's 2005
urban water management plan, which reduction shall include water
conservation measures already included in the 2005 urban water
management plan.
(B) Achieve, by 2020, extraordinary water use efficiency as
defined in subdivision (d) of Section 10663.
(3) The plan shall include interim milestones for each
even-numbered year for progress towards achieving the 2020 water use
efficiency and efficient water resources management target as
required by paragraph (2).
(4) Every two years, each reporting agency shall report its
progress toward reaching the 2020 water use efficiency and efficient
water resources management target. The reporting agency shall include
in the report, and in its urban water management plan or its report
to the California Urban Water Conservation Council, the following
information:
(A) The data included in the department's form 38 entitled "Public
Water System Statistics."
(B) The total population within the urban water supplier's service
area, as determined by the United States Census Bureau.
(C) The total quantities of stormwater, recycled water, treated
groundwater, desalinated seawater, water previously used within the
watershed, and other alternative sources of water that are delivered
to customers or stored either in surface reservoirs or underground
for future use.
(D) Assuming not more than 70 gallons per capita per day of indoor
water use, the estimated quantity of water used for outdoor
landscape irrigation expressed as a percentage of reference
evapotranspiration for the urban water supplier's service area based
on historic CIMIS data as outlined in the state's model water
efficient landscape ordinance.
(5) Each reporting agency may evaluate progress in implementing
the plan by using the metrics it considers to be most appropriate for
its circumstances. In calculating progress towards the 2020 water
use efficiency and efficient water resources management target, an
urban water supplier may offset its use of potable water by the
quantities of water used as part of efficient water resources
management as defined in subdivision (c) of Section 10663.
(6) The 2020 water use efficiency and efficient water resources
management target shall replace previous qualification standards
related to meeting water conservation requirements.
(7) If an urban water supplier fails to meet an interim milestone
identified in its plan, it shall report its failure to the department
on the following March 1. The urban water supplier, within 90 days
thereafter, shall submit a plan to the department to meet the next
interim milestone. If the urban water supplier fails to meet that
interim milestone, it shall be subject to a penalty of 20 percent of
available points in any competitive grant or loan program awarded or
administered by the department, the board, or the California
Bay-Delta Authority until the urban water supplier satisfies an
interim milestone in a timely manner, provided that the urban water
supplier shall have a minimum of two years from the date on which it
submits the plan to the department to meet the next interim
milestone.
SEC. 2. Chapter 5 (commencing with Section 10660) is added to Part
2.6 of Division 6 of the Water Code, to read:
CHAPTER 5. URBAN WATER EFFICIENCY
10660. This chapter shall be known and may be cited as the
Comprehensive Urban Water Efficiency Act of 2009.
10661. In enacting this chapter, the Legislature intends to
accomplish all of the following purposes:
(a) To increase urban and residential water use efficiency and
efficient water resources management in California in order to
improve water supply reliability in light of periodic drought and
population growth.
(b) To encourage the efficient use of local sources of water, such
as stormwater, recycled water, desalinated water, or treated water
that can either be substituted for potable water or blended as part
of municipal and industrial water supplies, and to increase multiple
uses of water within the same watershed.
(c) To increase water use efficiency and efficient water resources
management in California to contribute to sustainable job growth and
a vibrant economy for the 21st century.
10662. The Legislature hereby finds and declares all of the
following:
(a) California's growing population, periodic and serious drought
conditions, and the need to protect California's fish and wildlife
resources require that Californians adopt reasonable water efficiency
measures that improve water supply reliability.
(b) Efficient water use includes the development of alternative
local sources of water supplies, such as stormwater, recycled water,
desalinated water, and treated water, that reduce the demand for
imported water. Efficient water use also encourages multiple uses of
water within a single watershed or region.
(c) Efficient water management in California requires that urban
water suppliers attempt to match water quality to the requirements of
each beneficial use.
(d) The Governor's call for a 20-percent reduction in statewide,
urban per capita water use is an important component of a
comprehensive package of water management strategies necessary to
ensure sufficient water supplies for California's residential and
commercial uses.
(e) The implementation of this goal should allow for flexible
implementation that provides for the option of regional or local
implementation.
(f) Existing, well-established water management planning
processes, including integrated regional water management plans,
should be utilized to provide for the most effective, cooperative,
efficient, and expedient progress toward the 20-percent statewide
goal.
(g) General statutory direction to state, regional, and local
implementing agencies should allow for implementation that reflects
the need to take into account unique local factors, including housing
density and lot sizes, climatic conditions, the mix of commercial,
industrial, and institutional uses, and year-to-year weather changes.
(h) To date, statewide water conservation data are inadequate for
the purpose of assessing past and ongoing conservation efforts.
Standardized data collection and analysis will provide the best means
for tracking progress toward the statewide water conservation goal
and ensuring accountability among local and regional agencies.
(i) Goals pertaining to commercial and industrial water uses
should recognize the very different commercial and industrial uses
among regions and local agencies and should not unreasonably combine
the factors of commercial uses and population. Progress toward
commercial and industrial water conservation can best be achieved
through the development of best management practices and local and
regional engagement with local commercial and industrial operations.
(j) Any per capita water use goals should be utilized in a fair,
appropriate, and productive manner at the statewide and regional
level and should be applied in a manner that accounts for the unique
factors associated with individual agency conditions.
(k) Water use efficiency and efficient water resources management
efforts should be undertaken for the purpose of enhancing watershed
sustainability.
(l) Statutory revisions and administrative actions that provide
direction for the implementation of the urban water use conservation
goal should be crafted in a manner that will not affect or imperil
existing water rights.
10663. (a) Unless the context requires otherwise, the definitions
set forth in this section govern the construction of this chapter.
(b) "CII" means the use of water in commercial, industrial, and
institutional settings.
(c) "Efficient water resources management" means the use of
alternative sources of water that make the most efficient use of
potable or imported water, such as the capture of stormwater or
rainwater, the use of recycled water, the desalination of brackish
groundwater, the conjunctive use of surface water and groundwater in
a manner that is consistent with the safe yield of the groundwater
basin, the reuse of water multiple times in a watershed, provided
that the total credits for that water do not exceed the quantity of
water reused, or the matching of water quality with the needs of a
specific water use.
(d) "Extraordinary water use efficiency" means residential water
use that meets both of the following criteria:
(1) The use of less than 70 gallons per person per day for indoor
residential uses, or other standard for indoor residential uses that
may be adopted by the California Urban Water Conservation Council.
(2) The use of less than 70 percent of reference
evapotranspiration as determined by historic CIMIS data as outlined
in the state's model water efficient landscape ordinance for outdoor
residential uses.
(e) "Potable water" means raw water that, upon treatment required
to meet minimum safe drinking water standards, may be delivered to
retail customers for municipal and industrial uses.
(f) "Regional water management group" has the same meaning as set
forth in Section 10539.
(g) "Reporting agency" means either an urban water supplier or a
regional water management group acting on behalf of the urban water
suppliers within its boundaries, as authorized by resolution of its
governing board submitted to the department.
(h) "Water use efficiency" means the efficient use of water as
that term is defined in Section 10613.
10665. (a) The board and the department, not later than April 1,
2010, shall convene a task force consisting of experts to develop for
the CII sector best management practices that are intended to result
in a statewide target of at least a 20-percent reduction in potable
water use in the CII sector by 2020 as compared to statewide water
use by that sector in 2005.
(b) The task force shall be composed of representatives of the
board, the department, urban water suppliers located in all of the
regions used as part of the California Water Plan task force, trade
groups representing the CII sector, and environmental groups. Members
of the task force shall be selected by the director, after
consultation with the chairperson of the board. Operations of the
task force may be funded by the participants, or by the California
Urban Water Conservation Council. The task force shall submit a
report to the board and the department no later than April 1, 2011.
The director, after consultation with the chairperson of the board,
may designate a chairperson of the task force. Any recommendation of
the task force shall be endorsed by all members of the task force.
(c) The task force report shall include a discussion of at least
the following subjects:
(1) Metrics that are appropriate for use in evaluating the use of
water in the CII sector.
(2) An evaluation of the appropriate quantities of water needed
for cooling in manufacturing processes.
(3) An evaluation of the appropriate quantities of water needed as
an ingredient in manufactured goods or for use in manufacturing
processes.
(4) The cost-effectiveness of water use efficiency and efficient
water resources management measures in the CII sector.
(5) An evaluation of the potential use of stormwater, recycled
water, treated water, desalinated water, or other alternative sources
of water in the CII sector, together with appropriate credits for
that use.
(6) An evaluation of the manner in which regional projects could
provide significant supplies of stormwater, recycled water, treated
water, desalinated water, or other alternative sources of water to
the CII sector.
(7) An evaluation of the need for offsite public infrastructure to
provide sufficient supplies of stormwater, recycled water, treated
water, desalinated water, or other alternative sources of water to
the CII sector.
(8) The economic viability of any proposals developed by the task
force and whether these proposals would create sustainable green
collar jobs.
(9) An evaluation of institutional and economic barriers to
increased water use efficiency and efficient water resources
management in the CII sector.
(10) An evaluation of whether it is feasible to reduce water use
statewide in the CII sector by at least 20 percent by 2020 and, if
the reduction is feasible, whether that reduction would be in the
public interest.
(11) The identification of appropriate best management practices
that should be implemented in order to achieve a feasible reduction
in water use statewide in the CII sector that is consistent with the
public interest.
(d) The task force report shall also evaluate the feasibility and
cost-effectiveness of encouraging commercial, industrial, and
institutional facilities to implement best management practices that
can readily be transferred from residential settings to commercial or
institutional settings, including the use of high-efficiency
toilets, low-flow showerheads, smart irrigation controllers, and
climate-appropriate landscaping.
(e) The department may enter into agreements with task force
participants or the California Urban Water Conservation Council to
fund the state's costs to carry out the duties of the task force. If
the department determines, before May 1, 2010, that revenues pursuant
to existing reimbursement agreements are insufficient to fund those
costs, the department shall impose a fee on urban water suppliers in
an amount sufficient to fund the costs.
10667. This chapter shall be liberally construed to achieve its
purpose, specifically achieving the water efficiency and efficient
water resource management goal set forth in subdivision (l) of
Section 10631 in a manner that provides the greatest possible
flexibility and discretion to local agencies and that protects water
rights to the fullest extent possible.