BILL NUMBER: SB 261 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 29, 2009
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 Calderon, 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, An act to amend Sections 10004.5, 10631,
10814, and 10816 of, to add Section 10817 to, to add Chapter 5
(commencing with Section 10660) to Part 2.6 of Division 6 of, to
repeal Section 10802 of, to repeal and add Sections 10801, 10813,
10840, 10841, 10844, 10845, 10853, 10854, and 10855 of, and to repeal
and add Article 1 (commencing with Section 10820) and Article 2
(commencing with Section 10825) of Chapter 3 of Part 2.8 of Division
6 of, the Water Code, relating to water use.
LEGISLATIVE COUNSEL'S DIGEST
SB 261, as amended, Dutton. Water use.
use: water management plans.
(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 a retail
urban water supplier , as defined, to develop and
implement a water use efficiency and efficient water
resources management plan to reduce residential potable water use in
a specified manner an urban water conservation plan,
including prescribed components, or achieve
extraordinary water use efficiency high-
efficiency water use , as defined. The bill would impose
various requirements for the contents of these plans, and would
require an retail urban water supplier to update its water
conservation plan on a specified schedule. The retail
urban water supplier or the regional water management group, as
applicable, would be required to report its
submit reports for purposes of determining progress towards
achieving a prescribed water use efficiency and efficient
water resources management target in specified documents
water conservation goal .
The bill would require specified competitive grant and loan
programs to provide financial incentives to retail urban water
suppliers to support water use efficiency and local water resources
management measures.
The bill would enact the Comprehensive Urban Water
Efficiency Act of 2009. The bill also would require
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.
(2) The Agricultural Water Management Planning Act, until January
1, 1993, and thereafter only as specified, requires certain
agricultural water suppliers to prepare and adopt water management
plans.
This bill would substantially revise the act to require an
agricultural water supplier, as defined, to prepare and adopt an
agricultural water management plan with specified components on or
before December 31, 2012, and update that plan every 5 years, as
specified. An entity, as defined, that becomes an agricultural water
supplier after December 31, 2012, would be required to prepare and
adopt an agricultural water management plan within 2 years after
becoming an agricultural water supplier. The bill would require an
agricultural water supplier to submit copies of the plan, or provide
a specified written notice, to the department and other specified
entities. The bill would provide that an agricultural water supplier
is ineligible to receive specified state funds if the supplier does
not prepare, adopt, and submit the plan in accordance with the
requirements established by the bill.
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 10004.5 of the Water
Code is amended to read:
10004.5. (a) As part of the requirement of
the department to update The the
California Water Plan pursuant to subdivision (b) of Section 10004,
the department shall include in the plan a discussion of
various all of the following:
(1) Various strategies,
including, but not limited to, those relating to the development of
new water storage facilities, water conservation, water recycling,
desalination, conjunctive use, and water transfers that may be
pursued in order to meet the future water needs of the state.
The department shall also include a discussion of the
(2) The potential for alternative
water pricing policies to change current and projected uses.
The department shall include in the plan a discussion of the
(3) The potential advantages and
disadvantages of each strategy and an identification of all federal
and state permits, approvals, or entitlements that are anticipated to
be required in order to implement the various components of the
strategy.
(b) (1) As part of the requirement of the department to update the
California Water Plan pursuant to subdivision (b) of Section 10004,
the department shall include in the plan a strategy for the use and
application of agricultural water use efficiency management programs
and practices that achieve the reduction and reuse of applied water
and the reduction or elimination of the quantity of irrecoverable
water that flows to salt sinks.
(2) The strategy may include, but shall not be limited to, a
presentation of the costs and benefits of the efficiency improvements
in on-farm distribution systems. The department shall consult with
the Agricultural Water Management Council, academic experts, and
other stakeholders in the development of the strategy for the use and
application of agricultural water use efficiency management programs
and practices.
(3) The information required pursuant to this subdivision shall be
based, in part on a review of agricultural water management plans
submitted to the department pursuant to Part 2.8 (commencing with
Section 10800).
SECTION 1. SEC. 2. 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.
(l) Each retail urban water supplier, as defined in Section 10661,
shall develop and implement an urban water conservation plan in
accordance with Chapter 5 (commencing with Section 10660).
SEC. 2. SEC. 3. 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.
Article 1. Findings and Definitions
10660. (a) The Legislature finds and declares all of the
following:
(1) 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.
(2) Water conservation and water use efficiency are central
elements of the state's strategy to enhance water reliability,
restore ecosystems, and respond to a growing population.
(3) Water conservation and water use efficiency should be part of
a comprehensive solution that includes local resource development and
infrastructure improvements, including storage and conveyance, as
part of a statewide system that promotes economic and environmental
stability.
(4) Accomplishing water conservation and water use efficiency
goals will require statewide action by all water users, including
residential, commercial, industrial, and agricultural users, local
and regional planning agencies, state and federal agencies, chambers
of commerce, and business, commercial, and industrial professional
and trade associations.
(5) Efficient water use may be improved by 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.
(6) Efficient water management in California requires that urban
water suppliers attempt to match the water quality available from
different sources of water, including, but not limited to, recycled
water, with the corresponding water quality objectives required by
each beneficial use, including, but not limited to, municipal,
industrial, and agricultural uses.
(7) The Governor's mandate 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. The implementation of this goal should allow for
flexible implementation that encourages local and regional
implementation.
(8) 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.
(9) 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, local watershed and
groundwater conditions, the mix of commercial, industrial, and
institutional uses, and year-to-year weather changes.
(10) Standardized data collection and analysis will be required to
track progress toward the statewide water conservation goal and
ensuring accountability among local and regional agencies.
(11) Goals pertaining to agricultural water use should recognize
that agricultural water use, like commercial and industrial water
use, is for a business purpose. Progress towards efficient
agricultural water use can best be achieved through the development
of best management practices that recognize local and regional
differences in climates, soils, cropping patterns, and cultural
practices.
(12) 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.
(13) Water use efficiency and local water resources management
should be undertaken for the purpose of enhancing watershed
sustainability.
(14) Conservation and water use efficiency programs should be
implemented in a manner that strengthens the water rights of
California communities. Implementation of programs for conservation
and water use efficiency in a manner that undermines the certainty
and security of water rights contradicts the mandate of Section 2 of
Article X of the California Constitution, which directs that the
water resources of California be put to beneficial use to the fullest
extent of which they are capable.
(b) Therefore, it is the intent of the Legislature, in enacting
this act, to do all of the following:
(1) Establish a statewide, transparent process to accomplish the
Governor's goal of a 20-percent per capita reduction in water usage
by 2020, which translates into a statewide goal of 1.74 million
acre-feet, and thereby improves statewide water supply reliability in
a time of periodic drought and population growth.
(2) Encourage better management practices in urban areas that
reduce per capita water use consistent with the Governor's goal on a
statewide, aggregate basis.
(3) Encourage maximum water use efficiency in the commercial,
institutional, industrial, and agricultural sectors to reduce overall
water use while maintaining and improving economic output and
productivity, thereby contributing to sustainable job growth and a
vibrant economy for the 21st century.
(4) Acknowledge that conservation, improved water use efficiency,
and development of local resources, such as water reuse, recycling,
desalination, multiple uses of water in the same watershed, and
stormwater capture, all contribute to better water management and all
should be credited against the goals established by local agencies
under this legislation.
(5) Acknowledge that incentive-based programs will be more
effective in improving water management than command and control
approaches.
(6) Recognize that "one size does not fit all" and seek to allow
local agencies the flexibility to tailor water use reduction efforts
that account for variations in local circumstances, including local
climate conditions, population growth, industrial composition,
characteristics of local watersheds and groundwater basins, and
previous conservation and water use efficiency efforts.
(7) Ensure accomplishment of the statewide conservation goal by
implementing an effective, transparent process for the reporting,
monitoring, and analysis of data on water use and water conservation
and efficiency measures and the progress of local agencies in meeting
long-term conservation and water use efficiency goals.
(8) Water conservation and water use efficiency should be just one
element of a comprehensive water supply solution for commercial,
institutional, and industrial water users, urban water users,
agricultural suppliers, and other water users in the state.
10661. Unless the context requires otherwise, the definitions set
forth in this section govern the construction of this chapter.
(a) "Baseline" means a retail urban water supplier's average total
residential water use in acre-feet during a fixed, 10-year period
ending in 2004 or later.
(b) "CII" means the use of water in commercial, industrial, and
institutional settings.
(c) "Form 38" means the Department of Water Resources Form Number
38, Public Water System Statistics.
(d) "High-efficiency water use" means net residential water use
within a retail urban water supplier's service area that does not
exceed the sum of both of the following:
(1) Fifty-five gallons per capita, per day for indoor residential
uses.
(2) Seventy 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) "Institute" means the California State University Water
Resources and Policy Initiative.
(f) "Local water resources management" means the use of
alternative sources of water that make the most efficient use of
water, including, but not limited to, any of the following:
(1) The capture of stormwater or rainwater.
(2) The use of recycled water.
(3) The desalination of brackish groundwater or seawater.
(4) The conjunctive use of surface water and groundwater in a
manner that is consistent with the safe yield of the groundwater
basin.
(5) 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.
(6) The recovery of losses in conveyance systems.
(7) The matching of the water quality available from different
sources of water, including recycled water, with the corresponding
water quality objectives required by each beneficial use, including
municipal, industrial, or agricultural uses.
(g) "Plan" means an urban water conservation plan required by this
chapter.
(h) "Regional water management group" has the same meaning as set
forth in Section 10537.
(i) "Reporting agency" means a retail urban water supplier, a
wholesale urban water supplier acting at the request and on behalf of
one or more retail urban water suppliers within its boundaries, or a
regional water management group acting at the request and on behalf
of one or more retail urban water suppliers within its boundaries, as
authorized by resolution of its governing board submitted to the
department.
(j) "Retail urban water supplier" is an urban water supplier, as
defined in Section 10617, that provides water service directly to
residential, commercial, industrial, and institutional customers.
(k) "Statewide aggregate water conservation goal" means the
Governor's statewide aggregate goal of a 20-percent reduction in
water use by 2020, which totals 1.74 million acre-feet of water.
(l) "Water conservation percentage" means the percentage
calculated pursuant to subparagraph (A) of paragraph (3) of
subdivision (a) of Section 10665.
(m) "Water use efficiency" means the efficient use of water as
that term is defined in Section 10613.
(n) "Wholesale urban water supplier" means a water supplier that
provides more than 3,000 acre-feet of water annually at wholesale for
municipal purposes.
Article 2. Urban Water Conservation Plans
10665. (a) (1) Except as provided in paragraph (2), each retail
urban water supplier shall, in its urban water management plan,
develop and implement an urban water conservation plan, in accordance
with this article.
(2) A retail urban water supplier that has achieved
high-efficiency water use or will achieve high-efficiency water use
by January 1, 2020, is not subject to the requirements of this
section.
(b) An urban water conservation plan shall include all of the
following components:
(1) A water use efficiency component, which shall include programs
to implement all of the following:
(A) (i) The "foundational best management practices" of Exhibit 1
to the Memorandum of Understanding Regarding Urban Water Conservation
in California, dated December 2008, in accordance with all of the
provisions of that memorandum of understanding.
(ii) The water savings goals contained in Exhibit 1 to the
Memorandum of Understanding Regarding Urban Water Conservation in
California, dated December 2008, including accomplishing the specific
measures listed in Section A of each best management practice, a set
of measures that achieve equal or greater water savings, or a set
water savings goals, as measured in gallons per capita per day.
(iii) A retail urban water supplier may, in lieu of programs
described in clause (i) or (ii), implement local or regional best
management practices that are collectively at least as effective as
those programs.
(B) Reporting on the implementation status of programs to replace
traditional outdoor landscaping with climate-appropriate landscaping,
or otherwise change patterns of water use in urban areas.
(C) For a retail urban water supplier subject to Section 526 or
527, a program that includes a schedule for accomplishing the
installation of metering that includes interim milestones, and a
financial plan or budget to achieve that schedule. A retail urban
water supplier that accelerates its schedule for accomplishing
metering of its entire service area ahead of the deadline stated in
Section 526 or 527, as applicable, shall be entitled to credits for
the water conserved by the accelerated implementation in calculating
the amount and percentage of water conserved by its conservation
plan. Nothing in this chapter shall be construed to require a retail
urban water supplier to accelerate its implementation of metering or
to penalize that supplier if it is in compliance with either Section
526 or 527.
(2) A local water resources management component, which shall
include both of the following:
(A) Consideration of changes in water use to better match the
water quality available from different sources of water with the
corresponding water quality objectives required by each beneficial
use.
(B) Consideration of programs to make use of alternative local
sources of water supply through local water resources management.
(3) A water efficiency planning component, which shall include all
of the following:
(A) Estimates of the annual quantity of water, in acre-feet, that
would be conserved by the plan by the year 2020 and thereafter, when
compared to baseline, and the percentage of that water conserved as
compared to baseline.
(i) In calculating the amount and percentage of conservation
pursuant to this subparagraph, credit shall be given for local water
resources management measures implemented after the baseline period.
(ii) The calculation shall also include an estimate of indoor
residential gallons used per capita per day, and an estimate of
outdoor residential water use, in terms of percentage of reference
evapotranspiration.
(iii) A retail urban water supplier may include in its calculation
of the annual quantity of water, in acre-feet, the amount of water
that would be conserved by the plan and the quantity of water that
would be conserved by implementing measures to conserve water used in
the CII sector, including, but not limited to, measures recommended
by the CII task force, if the retail urban water supplier's baseline
includes the use of water in the CII sector. In calculating water
conservation in the combined residential and CII sectors, a retail
urban water supplier may credit the quantity of water obtained from
local water resources management measures in calculating the total
quantity and percentage of water conservation.
(B) If applicable, an explanation of the reason it is not feasible
for the retail urban water supplier to have a water conservation
percentage of 20 percent or more of baseline water use by 2020, if
the plan will not meet that goal by 2020. The explanation may refer
to the inability to obtain voter approval of necessary expenditures
of funds, as required by Article XIII D of the California
Constitution, or any other financial constraints.
(C) Interim milestones for progress toward the estimates described
in subparagraph (A), for the years 2012, 2014, 2016, and 2018.
10666. A retail urban water supplier that will achieve
high-efficiency water use before January 1, 2020, shall include in
its urban water management plans for the years 2010, 2015, and 2020
documentation of its plan for achievement and maintenance of
high-efficiency water use, and is exempt from developing and
implementing an urban water conservation plan pursuant to this
article.
10667. Each retail urban water supplier shall fully implement its
water conservation plan in a timely fashion and shall include an
update of its water conservation plan in each of its urban water
management plan updates for the years 2010, 2015, and 2020.
10668. (a) If a retail urban water supplier achieves
high-efficiency water use, or adopts a plan that will achieve
high-efficiency water use, and subsequently fails to meet that
standard or fails to fully implement that plan in a subsequent
reporting period, the retail urban water supplier shall do all of the
following:
(1) Provide notice of its failure to the department within 90 days
of its submission of an urban water management plan to the
department that documents that failure.
(2) Prepare the water conservation plan required by this chapter
and submit that plan to the department within 90 days after the
notice provided pursuant to paragraph (1).
(3) Implement the water conservation plan in accordance with this
chapter.
(b) If a retail urban water supplier fails to meet an interim
milestone identified in its plan, it shall provide notice of its
failure to the department within 90 days of the interim milestone.
The retail urban water supplier, within 90 days after providing that
notice, shall submit a plan to the department to meet the next
interim milestone and shall implement that plan in a manner that
achieves the next interim milestone.
10669. Retail urban water suppliers may cooperate in developing
and implementing water use efficiency and local water resources
management projects and may agree among themselves as to the manner
in which to allocate credit for water conservation in the
implementation of those projects, in a manner that does not
double-count any water conserved through those projects.
Article 3. Enforcement and Regulations
10670.(a) The department, or the institute pursuant to an
agreement with the department, shall develop an Internet Web site for
the purpose of reporting the information required by this chapter.
The cost of developing the Internet Web site may be funded from
unallocated bond revenues pursuant to paragraph (12) of subdivision
(a) of Section 75027 of the Public Resources Code, to the extent
those funds are available for this purpose.
(b) On or before December 31, 2012, and every two years
thereafter, each reporting agency shall report on the Internet Web
site developed pursuant to this section, its progress toward reaching
a water conservation percentage of 20 percent or more of baseline
water use by 2020. The reporting agency shall report the following
information:
(1) The data included in Form 38.
(2) The total population within the water supplier's service area,
as determined by the United States Census Bureau or a more recent
estimate by the California Department of Finance.
(c) Estimates of water conservation percentages contained in
initial and revised water conservation plans shall be uploaded to the
Internet Web site developed pursuant to this section.
10671. (a) The department shall contract with the institute to
evaluate urban water conservation plans pursuant to this chapter.
(b) The institute shall develop, through an open and public
process, all of the following:
(1) A description of the data in addition to the data collected on
Form 38, if any, required to be submitted by each retail urban water
supplier in order for the institute to determine whether California
is on track to meet the statewide aggregate water conservation goal.
The institute shall include an evaluation of the costs of collecting
this data to the state and to retail urban water suppliers.
(2) A description of the process and information needed to assure
the institute that the data submitted by each retail urban water
supplier are reasonably accurate and reliable to be included in the
estimate of progress toward the statewide aggregate water
conservation goal.
(3) A description of weather-normalizing factors, including, but
not limited to, any differences in evapotranspiration and rainfall in
the baseline period compared to the reporting period, that a retail
urban water agency may use in reporting water conservation data.
10672. (a) The institute shall calculate the total quantity of
water conserved contained in the 2010 urban water management plans
and report that statewide total to the Legislature on or before July
1, 2011.
(b) Reporting agencies shall upload the data needed for the
calculation in subdivision (a) to the Internet Web site developed
pursuant to Section 10675.
10673. A retail urban water supplier may consult with the
institute to perform a water conservation plan evaluation for the
retail urban water supplier that provides the retail urban water
supplier with recommendations regarding projects that would improve
the retail urban water supplier's water use efficiency or local water
resources management program to achieve high levels of water use
efficiency. These recommendations shall consider the availability of
financial and other assistance and shall maximize implementation of
locally cost-effective measures.
10674.(a) If the statewide total quantity of water conserved
contained in the urban water management plans submitted for the year
2010 is less than the statewide aggregate goal, as determined by the
institute, each retail urban water supplier that is not implementing
a plan to achieve high-efficiency water use, or a plan to achieve a
water conservation percentage equal to or greater than 20 percent of
baseline by 2020, shall prepare a revised water conservation plan and
submit that plan to the institute by December 31, 2012.
(b) A retail urban water supplier that is implementing a plan to
achieve high-efficiency water use, or a plan to achieve a water
conservation percentage equal to or greater than 20 percent of
baseline by the year 2020, may submit a revised water conservation
plan to the institute by December 31, 2012.
10675. (a) The institute shall calculate the total of all
estimates of water conserved, as submitted in urban water management
plans for the year 2010, for retail urban water suppliers that are
implementing a plan to
achieve high-efficiency water use or a water conservation percentage
equal to, or greater than, 20 percent of baseline by the year 2020.
The calculation shall include the estimates of water conserved that
is contained in all revised water conservation plans submitted by
December 31, 2012. The institute shall report the statewide total to
the Legislature on or before March 1, 2013.
(b) (1) If the statewide total in the report submitted pursuant to
subdivision (a), is less than the statewide aggregate goal, the
institute shall prepare a report, by July 1, 2013, on the cost of
achieving the statewide aggregate goal, which shall include all of
the following:
(A) Expenditures needed to achieve the statewide aggregate goal
that are not locally cost effective.
(B) The relative cost-effectiveness of water use efficiency
measures as compared to local water resources management measures for
different regions of California.
(C) Consideration of the potential contribution toward the
statewide aggregate goal from all feasible water conservation
measures in the CII sector, as recommended by the CII task force
pursuant to Article 3 (commencing with Section 10685).
(2) The institute shall update the report and present the updated
report to the Legislature on or before July 1, 2016.
(c) (1) If the statewide total in the report submitted pursuant to
subdivision (a) is less than the statewide aggregate goal, the
department, beginning on January 1, 2014, may adopt regulations to
achieve the statewide aggregate goal consistent with all of the
following requirements:
(A) Retail urban water suppliers that have adopted and are
implementing a plan to achieve high-efficiency water use, or a water
conservation percentage equal to or greater than 20 percent of
baseline by the year 2020, shall be exempt from the regulations.
(B) All other retail urban water suppliers shall be required by
the department to adopt water use efficiency measures or local water
resources management measures that will achieve the statewide
aggregate goal, based on the following criteria:
(i) The retail urban water supplier's water conservation
percentage.
(ii) A comparison of the retail urban water supplier's indoor
residential and outdoor residential water use with retail urban water
suppliers with similar populations and similar reference
evapotranspiration based on CIMIS.
(iii) Whether the retail urban water supplier has fully
implemented any recommendations for water use efficiency or local
water resources management measures made by the institute.
(iv) Consideration of any statewide recommendations for water use
efficiency or local water resources management measures proposed by
the institute.
(2) The department's regulations shall, to the greatest extent
practicable and consistent with achieving the statewide aggregate
goal, maximize the use of local cost-effective measures and shall not
require any retail urban water supplier to have a water conservation
percentage greater than 20 percent of baseline.
Article 4. Commercial, Industrial, and Institutional Water
Conservation
10685. (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 meeting a statewide goal of at least a 20-percent reduction
in potable water use in the CII sector by the year 2020, as compared
to statewide water use by that sector for the year 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.
(c) On or before April 1, 2010, the department shall enter into an
agreement providing for the funding of the operations of the task
force by its participants.
(d) The director, after consultation with the chairperson of the
board, may designate a chairperson of the task force.
(e) Any recommendation of the task force, in the report required
pursuant to subdivision (f), shall be endorsed by two-thirds of the
members of the task force and minority reports shall be included in
the report.
(f) On or before April 1, 2011, the task force shall submit a
report to the board and the department, which shall include a
discussion of at least all of 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 local water
resources management measures in the CII sector.
(5) An evaluation of the differences between process water and
product water.
(6) 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.
(7) 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.
(8) 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.
(9) The economic viability of any proposals developed by the task
force and whether these proposals would create sustainable green
collar jobs.
(10) An evaluation of institutional and economic barriers to
increased water use efficiency and local water resources management
in the CII sector.
(11) An evaluation of whether it is feasible to reduce water use
statewide in the CII sector by at least 20 percent by the year 2020
and, if the reduction is feasible, whether that reduction would be in
the public interest.
(12) 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 and reflects past investments in water use efficiency
and local water resources management.
(13) An evaluation of 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.
10686. Each retail urban water supplier shall consider the
adoption of best management practices recommended by the CII task
force no later than December 31, 2011, and, by March 1, 2012, shall
submit to the institute a report describing the actions, if any, that
the water supplier has taken based on the recommendations of the CII
task force.
Article 5. Regional Implementation
10690. A wholesale urban water supplier may, with the written
consent of retail urban water suppliers within its service area,
undertake to perform any or all planning, reporting, and
implementation functions under this chapter for those retail urban
water suppliers that consent to those activities. Any data or reports
shall provide information both for the wholesale urban water
supplier and for consenting retail urban water suppliers.
10691. (a) A regional water management group may, with the written
consent of its member agencies, undertake any or all planning,
reporting, and implementation functions under this chapter for the
member agencies that consent to those activities. Any data or reports
shall provide information both for the regional water management
group and for consenting wholesale and retail urban water suppliers.
(b) A regional water management group that agrees to undertake
planning, reporting, and implementation functions for member agencies
shall be entitled to a preference of 20 percent in competitive grant
and loan programs. That preference shall only be awarded to projects
that are identified in the integrated regional water management plan
adopted by the regional water management group.
Article 6. Miscellaneous Provisions
10695. (a) Notwithstanding any other provision of law, all
competitive grant or loan programs administered by the department,
the board, or the California Bay-Delta Authority, or its successor
agency, for integrated regional water management programs or water
conservation programs shall provide financial incentives to the
following retail urban water suppliers to support water use
efficiency and local water resources management measures:
(1) Retail urban water suppliers that adopt and document
implementation of a plan to achieve high-efficiency water use.
(2) Retail urban water suppliers that adopt and document
implementation of a plan to achieve a water conservation percentage
that exceed 20 percent of baseline shall be entitled to preference
for grants or loans over retail urban water suppliers that do not
exceed 20 percent of baseline.
(3) Retail urban water suppliers that adopt and document
implementation of a plan to achieve a water conservation percentage
that exceed 20 percent of baseline prior to ____ , shall be entitled
to preference for grants or loans over retail urban water suppliers
that do not adopt such a plan.
(4) Retail urban water suppliers serving disadvantaged areas, for
which the median income of the retail urban water supplier's service
area is less than 80 percent of the statewide median, shall be
entitled to a preference at least equal to that provided to retail
urban water suppliers that adopt and document implementation of a
plan to achieve water conservation percentage that exceed 20 percent
of baseline.
(5) Retail urban water suppliers proposing to implement other
measures that may be needed to achieve the statewide aggregate goal.
(b) The department, the board, and the California Bay-Delta
Authority, or its successor agency, may adopt competitive criteria to
implement this section.
10696. (a) This chapter does not subject a retail urban water
supplier to regulation by the department, if the retail urban water
supplier has adopted and begun to implement its water conservation
plan in good faith and the retail urban water supplier meets any of
the following criteria:
(1) Is unable to implement its water conservation plan as a result
of an order from a court of competent jurisdiction.
(2) Is delayed in implementing its water conservation plan as a
result of a decision of a court of competent jurisdiction that
invalidates an element of the water conservation plan, or the
financing or regulatory permitting of an element of the plan.
(3) Has been unsuccessful in attempting to raise any additional
revenues needed to implement all or a portion of its water
conservation plan after the completion of the procedures required by
Article XIII D of the California Constitution.
(b) Notwithstanding subdivision (a), any retail urban water
supplier that is prevented from implementing its water conservation
plan as a result of the conditions identified in paragraphs (1) to
(3), inclusive, of subdivision (a) shall continue to actively
implement all remaining elements of its water conservation plan.
10697. Water use efficiency and local water resources management
measures adopted and implemented pursuant to this part are water
conservation measures subject to the protections provided under
Section 1011.
10698. Costs incurred by the department and the institute pursuant
to this chapter may be funded from unallocated bond revenues
pursuant to paragraph (12) of subdivision (a) of Section 75027 of the
Public Resources Code, to the extent those funds are available for
those purposes.
10699. This chapter shall be liberally construed to achieve its
purpose, specifically achieving the statewide aggregate goal of a 20
percent reduction in urban water use, in a manner that provides the
greatest possible flexibility and discretion to local agencies and
that protects water rights to the fullest extent possible.
SEC. 4. Section 10801 of the Water Code
is repealed.
10801. The Legislature finds and declares as follows:
(a) The waters of the state are a limited and renewable resource.
(b) The Constitution requires that water in the state be used in a
reasonable and beneficial way.
(c) Urban water districts, which represent more than 22,000,000
Californians and use less than 12 percent of the water consumed in
the state, are required by Part 2.6 (commencing with Section 10610)
to submit water management plans.
(d) More than 84 percent of the water used in the state is used
for agricultural purposes.
(e) The conservation of agricultural water supplies are of great
statewide concern.
(f) There is a great amount of reuse of delivered water, both
inside and outside the water service areas.
(g) Significant noncrop beneficial uses are associated with
agricultural water use, including streamflows and wildlife habitat.
(h) Significant opportunities exist in some areas, through
improved irrigation water management, to conserve water or to reduce
the quantity of highly saline or toxic drainage water.
(i) Changes in water management practices shall be carefully
planned and implemented to minimize adverse effects on other
beneficial uses currently being served.
(j) Agricultural water suppliers that receive water from the
federal Central Valley Project are required by federal law to develop
and implement water conservation plans.
(k) Agricultural water users applying for a permit to appropriate
water from the State Water Resources Control Board are required to
develop and implement water conservation plans.
SEC. 5. Section 10801 is added to the
Water Code , to read:
10801. The Legislature finds and declares all of the following:
(a) Agriculture is an important sector of California's economy.
With 88,000 farms and ranches, California's agricultural industry is
a nearly thirty-six billion six hundred million dollar
($36,600,000,000) industry and generates one hundred billion dollar
($100,000,000,000) in related economic activity. California has
ranked as the top agricultural producing state in the nation for more
than 50 years.
(b) California agriculture encompasses more than 350 plant and
animal commodities.
(c) In 2000, an estimated 9.6 million acres of cropland in
California was irrigated with approximately 34.2 million acre-feet of
applied water.
(d) California growers and water suppliers have implemented
state-of-the-art design, delivery, and management practices to
increase production efficiency and conserve water. One indicator of
improvement in agricultural water use efficiency is that agricultural
production per unit of applied water for 32 important crops
increased by 38 percent from 1980 to 2000. Inflation-adjusted gross
crop revenue per unit of applied water increased by 11 percent during
that same period.
(e) The Agricultural Water Management Planning Act and the
Agricultural Water Suppliers Efficient Water Management Practices Act
(Part 2.9 (commencing with Section 10900)) established guidance for
improving agricultural water use efficiency and, in 2005, the
Agricultural Water Council was established to improve water use
efficiency through the implementation of efficient water management
practices.
(f) Grower and water supplier investments, university-based
research, field station studies, and cooperative extension
demonstration projects have contributed to improvements in water
supply delivery and on-farm water management practices.
(g) The implementation of agricultural water use efficiency
management practices depends on many interrelated factors, including
the commitment of public and private investment, technical
feasibility, cost-effectiveness, and the availability of technical
assistance. Further investments in research and demonstration will be
critical to identifying options to extend water use efficiency
achievements in planning and implementation relating to agricultural
water delivery systems and on-farm water use.
(h) Significant noncrop beneficial uses are associated with
agricultural water use, including streamflows and wildlife habitat.
(i) Changes in water management practices should be carefully
planned and implemented to minimize adverse impacts on other
beneficial uses.
SEC. 6. Section 10802 of the Water Code
is repealed.
10802. The Legislature finds and declares that it is the policy
of the state as follows:
(a) The conservation of water shall be pursued actively to protect
both the people of the state and their water resources.
(b) The conservation of agricultural water supplies shall be an
important criterion in public decisions on water.
(c) Agricultural water suppliers, who determine that a significant
opportunity exists to conserve water or reduce the quantity of
highly saline or toxic drainage water, shall be required to develop
water management plans to achieve conservation of water.
SEC. 7. Section 10813 of the Water Code
is repealed.
10813. "Person" means any individual, firm, association,
organization, partnership, business, trust, corporation, company,
public agency, or any agency of such an entity.
SEC. 8. Section 10813 is added to the
Water Code , to read:
10813. "Entity" means an association, ditch company,
investor-owned utility, mutual water company, or public agency.
SEC. 9. Section 10814 of the Water Code
is amended to read:
10814. "Plan" means an agricultural water management plan
prepared pursuant to this part. A plan shall describe and
evaluate reasonable and practical efficient uses and conservation
activities. The components of the plan may vary according to an area'
s characteristics and its capabilities to conserve and use water
efficiently. The plan shall address measures for agricultural water
management as set forth in Article 2 (commencing with Section 10830)
of Chapter 3. In addition, a strategy and time schedule for
implementation shall be included in the plan.
SEC. 10. Section 10816 of the Water
Code is amended to read:
10816. "Agricultural water supplier" or "supplier" means
a supplier, either publicly or privately owned, supplying more than
50,000 acre-feet of water annually for agricultural purposes. An
agricultural water supplier includes a supplier or contractor for
water, regardless of the basis of right, which distributes or sells
for ultimate resale to customers an entity that
annually sells or delivers water directly to customers that, in the
aggregate, irrigate 35,000 or more acres of land used for
agricultural purposes .
SEC. 11. Section 10817 is added to the
Water Code , to read:
10817. "Water use efficiency" means the use of practices,
techniques, and technologies that improve efficiency in the use of
water.
SEC. 12. Article 1 (commencing with Section 10820)
of Chapter 3 of Part 2.8 of Division 6 of the Water Code
is repealed.
SEC. 13. Article 1 (commencing with Section 10820)
is added to Chapter 3 of Part 2.8 of Division 6 of the
Water Code , to read:
Article 1. General Provisions
10820. (a) An agricultural water supplier shall prepare and adopt
an agricultural water management plan in the manner set forth in
this chapter on or before December 31, 2012.
(b) Each entity that becomes an agricultural water supplier after
December 31, 2012, shall prepare and adopt an agricultural water
management plan within two years after the date it has become an
agricultural water supplier.
(c) An agricultural water supplier indirectly providing water
shall not include planning elements in its water management plan, as
provided in Article 2 (commencing with Section 10825), that would be
applicable to agricultural water suppliers or public agencies
directly providing water, or to their customers, without the consent
of those suppliers or public agencies.
(d) (1) An agricultural water supplier may satisfy the
requirements of this part by adopting an urban water management plan
pursuant to Part 2.6 (commencing with Section 10610) or by
participation in areawide, regional, watershed, or basinwide water
management planning if those plans will reduce preparation costs and
contribute to the achievement of conservation and efficient
agricultural water use.
(2) An agricultural water supplier shall coordinate the
preparation of its plan with other appropriate agencies in the area,
including, but not limited to, other water suppliers that share a
common source, water management agencies, and relevant public
agencies, to the extent practicable.
(e) An agricultural water supplier may prepare the plan with its
own staff, by contract, or in cooperation with other governmental
agencies.
10821. (a) An agricultural water supplier shall update its plan
at least once every five years on or before December 31, in years
ending in zero and five.
(b) An agricultural water supplier required to prepare a plan
pursuant to this part shall notify each city or county within which
the supplier provides water supplies that the agricultural water
supplier will be preparing the plan or reviewing the plan and
considering amendments or changes to the plan. The agricultural water
supplier may consult with, and obtain comments from, each city or
county that receives notice pursuant to this subdivision.
(c) The amendments to, or changes in, the plan shall be adopted
and submitted in the manner set forth in Article 3 (commencing with
Section 10840).
SEC. 14. Article 2 (commencing with Section 10825)
of Chapter 3 of Part 2.8 of Division 6 of the Water Code
is repealed.
SEC. 15. Article 2 (commencing with Section 10825)
is added to Chapter 3 of Part 2.8 of Division 6 of the
Water Code , to read:
Article 2. Contents of Reports and Plans
10825. (a) It is the intent of the Legislature, in enacting this
part, to allow levels of water management planning commensurate with
the numbers of customers served and the volume of water supplied.
(b) This part does not require the implementation of water use
efficiency management programs or practices that are not locally cost
effective and technically feasible.
10826. An agricultural water management plan shall be adopted in
accordance with this chapter and shall include all of the following:
(a) A description of the agricultural water supplier and the
service area, including all of the following:
(1) History and size of the service area.
(2) Location of the service area and its water management
facilities.
(3) Terrain and soils.
(4) Climate.
(5) Operating rules and regulations.
(6) Water delivery measurements or calculations.
(7) Water rate schedules and billing.
(8) Water shortage allocation policies.
(b) A description of the quantity and quality of water resources
of the agricultural water supplier, including all of the following:
(1) Surface water supply.
(2) Groundwater supply.
(3) Other water supplies.
(4) Source water quality monitoring practices.
(5) Water uses within the agricultural water supplier's service
area, including all of the following:
(A) Agricultural.
(B) Environmental.
(C) Recreational.
(D) Municipal and industrial.
(E) Groundwater recharge.
(F) Transfers and exchanges.
(G) Other water uses.
(6) Drainage from the water supplier service area.
(7) Water accounting, including all of the following:
(A) Quantifying the water supplier's water supplies.
(B) Tabulating water uses.
(C) Overall water budget.
(8) Water supply reliability.
(c) A description of water use efficiency management practices
that have been implemented by the agricultural water supplier since
the last submitted plan or plan update.
(d) An estimate of the quantity of applied water recovered and
reused within the service area of the supplier, since the last
submitted plan or plan update.
(e) An estimate of the reduction in the amount of irrecoverable
applied water, if any, since the last submitted plan or plan update.
(f) Documentation of any determination by the supplier that a
water use efficiency management practice is not locally cost
effective or technically feasible.
(g) (1) Identification of all locally cost-effective and
technically feasible water use efficiency management practices that
the agricultural water supplier plans to implement in the five-year
period following the adoption of the plan.
(2) Water use efficiency management practices that shall be
considered for implementation pursuant to paragraph (1) include, but
are not limited to, all of the following:
(A) Measurement of the volume of water delivered to customers with
sufficient accuracy to comply with subdivision (a) of Section
531.10.
(B) Designation of a water conservation coordinator who will
develop and implement the water management plan and prepare progress
reports.
(C) Provision of water management services to water users. These
services may include, but are not limited to, all of the following:
(i) On-farm irrigation and drainage system evaluations.
(ii) Normal year and real-time irrigation scheduling and crop
evapotranspiration information.
(iii) Surface water, groundwater, and drainage water quantity and
quality data.
(iv) Agricultural water management educational programs and
materials for farmers, staff, and the public.
(h) An evaluation of the policies of agencies that provide the
supplier with water to identify the potential for institutional
changes to allow more flexible water deliveries and storage.
(i) An evaluation of the efficiencies of the supplier's pumps.
(j) Facilitation of alternative land uses for lands with
exceptionally high water duties or the irrigation of which
contributes to significant problems, including drainage.
(k) Facilitation of the use of available recycled water that
otherwise would not be used beneficially, if the use of the recycled
water meets all state health and safety standards, and does not harm
crops or soils.
(l) Facilitation of the financing of capital improvements for
on-farm irrigation systems.
(m) Adoption of a pricing structure for water customers based, at
least in part, on the quantity of water delivered.
10828. Agricultural water suppliers that are members of the
Agricultural Water Management Council, and that submit water
management plans to that council in accordance with the "Memorandum
of Understanding Regarding Efficient Water Management Practices By
Agricultural Water Suppliers In California," dated January 1, 1999,
may submit the water management plans identifying water use
efficiency management practices currently being implemented, or
scheduled for implementation, to satisfy the requirements of Section
10826.
10829. (a) Agricultural water suppliers that are required to
submit water conservation plans to the United States Bureau of
Reclamation pursuant to either the Central Valley Project Improvement
Act (Public Law 102-575) or the Reclamation Reform Act of 1982, or
both, may submit those water conservation plans to satisfy the
requirements of Section 10826, if both of the following apply:
(1) The agricultural water supplier has adopted and submitted the
water conservation plan to the United States Bureau of Reclamation
within the previous four years.
(2) The United States Bureau of Reclamation has accepted the water
conservation plan as adequate.
(b) Notwithstanding subdivision (a) of Section 10821, this part
does not require agricultural water suppliers that are required to
submit water conservation plans to the United States Bureau of
Reclamation pursuant to either the Central Valley Project Improvement
Act (Public Law 102-575) or the Reclamation Reform Act of 1982, or
both, to prepare and adopt water conservation plans according to a
schedule that is different from that required by the United States
Bureau of Reclamation.
SEC. 16. Section 10840 of the Water
Code is repealed.
10840. Every agricultural water supplier required to prepare a
water management plan pursuant to subdivision (d) of Section 10821
shall prepare its plan pursuant to Section 10826.
SEC. 17. Section 10840 is added to the
Water Code , to read:
10840. Every agricultural water supplier shall prepare its plan
pursuant to Article 2 (commencing with Section 10825).
SEC. 18. Section 10841 of the Water
Code is repealed.
10841. (a) An agricultural water supplier required to prepare a
plan may consult with, and obtain comments from, any public agency or
state agency or any person who has special expertise with respect to
water conservation and reclamation and management methods and
techniques.
(b) In order to assist agricultural water suppliers in obtaining
needed expertise as provided for in subdivision (a), the department,
upon request of an agricultural water supplier, shall provide the
supplier with a list of persons or agencies having expertise or
experience in the development of water management plans.
(c) The department shall prepare by July 1, 1988, an outline of
model informational reports and water management plans which an
agricultural water supplier may use in complying with the
requirements of this part.
SEC. 19. Section 10841 is added to the
Water Code , to read:
10841. An agricultural water supplier required to prepare a plan
may consult with, and obtain comments from, any public agency or any
person who has special expertise with respect to water use efficiency
and reclamation and management methods and techniques.
SEC. 20. Section 10844 of the Water
Code is repealed.
10844. An agricultural water supplier shall file with the
department a copy of its plan no later than 30 days after adoption.
Copies of amendments or changes to the plans shall be filed with the
department within 30 days after adoption.
Not later than January 1, 1993, the department shall prepare and
submit to the Legislature a report summarizing the status of the
plans adopted pursuant to this part.
SEC. 21. Section 10844 is added to the
Water Code , to read:
10844. (a) Not later than 30 days after the date of adopting its
plan, an agricultural water supplier shall provide written notice to
the entities listed in subdivision (b) that the plan is available for
public review on its Internet Web site. If the agricultural water
supplier does not have an Internet Web site, it shall submit to the
entities listed in subdivision (b), a copy of the adopted initial or
updated plan not later than 30 days after the date of adopting its
plan.
(b) An agricultural water supplier shall submit a copy of its
plan, or provide written notice pursuant to subdivision (a), to each
of the following entities:
(1) The department.
(2) Any city, county, or city and county within which the
agricultural water supplier provides water supplies.
(3) Any groundwater management entity within which jurisdiction
the agricultural water supplier extracts or provides water supplies.
(4) Any urban water supplier within which jurisdiction the
agricultural water supplier provides water supplies.
(5) Any city or county library within which jurisdiction the
agricultural water supplier provides water supplies.
(6) The California State Library.
(7) Any local agency formation commission serving a county within
which the agricultural water supplier provides water supplies.
SEC. 22. Section 10845 of the Water
Code is repealed.
10845. The adoption of a plan or submission of a report as
specified in subdivision (d) of Section 10821 satisfies any
requirements of state statute, regulation, or order, including those
of the State Water Resources Control Board, for the preparation of
water management plans. If the board requires additional information
concerning water conservation to implement its existing authority,
nothing in this part limits the board in obtaining that information.
SEC. 23. Section 10845 is added to the
Water Code , to read:
10845. An agricultural water supplier that does not have an
Internet Web site, not later than 30 days after the date of adopting
its plan, shall, in addition to the submission required pursuant to
Section 10844, submit to the department a copy of the adopted plan in
an electronic format. The department shall make the plan available
for public review on the department's Internet Web site.
SEC. 24. Section 10853 of the Water
Code is repealed.
10853. The department, from funds appropriated for this purpose,
shall reimburse each supplier preparing an informational report
pursuant to this part for the cost incurred in preparing the report
up to an amount, not to exceed five thousand dollars ($5,000) per
report. The department shall reimburse each supplier preparing an
agricultural water management plan pursuant to this part for the
costs incurred by the supplier in preparing the plan up to an amount,
not to exceed twenty-five thousand dollars ($25,000) per plan.
SEC. 25. Section 10853 is added to the
Water Code , to read:
10853. The adoption of a plan in accordance with this part
satisfies any requirements of state statute, regulation, or order,
including those of the board, for the preparation of water management
plans. However, if the board requires additional information
concerning water conservation to implement its existing authority,
this part does not limit the board in obtaining that information.
SEC. 26. Section 10854 of the Water
Code is repealed.
10854. No agricultural water supplier shall be required to
prepare an agricultural water management plan pursuant to this part
unless funds are appropriated by the Legislature for the 1990-91
fiscal year, or before, to reimburse the agricultural water supplier
for its costs associated with the plans.
SEC. 27. Section 10854 is added to the
Water Code , to read:
10854. An agricultural water supplier that does not prepare,
adopt, and submit its agricultural water management plan in
accordance with this part is ineligible to receive funds made
available pursuant to any program administered by the board, the
department, or the California Bay-Delta Authority or its successor
agency, until the agricultural water management plan is submitted
pursuant to this part.
SEC. 28. Section 10855 of the Water
Code is repealed.
10855. This part shall remain operative only until January 1,
1993, except that, if an agricultural water supplier fails to submit
its information report or agricultural water management plan prior to
January 1, 1993, this part shall remain operative with respect to
that supplier until it has submitted its report or plan, or both.
SEC. 29. Section 10855 is added to the
Water Code , to read:
10855. Water use efficiency and local water resources management
measures adopted and implemented pursuant to this part are water
conservation measures subject to the protections provided under
Section 1011.
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