BILL NUMBER: SB 460 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 30, 2009
AMENDED IN SENATE APRIL 22, 2009
AMENDED IN SENATE APRIL 20, 2009
AMENDED IN SENATE APRIL 14, 2009
INTRODUCED BY Senator Wolk
(Principal coauthor: Assembly Member Yamada)
FEBRUARY 26, 2009
An act to add Part 2.11 (commencing with Section 10920) to
Division 6 of the Water Code, relating to water conservation.
LEGISLATIVE COUNSEL'S DIGEST
SB 460, as amended, Wolk. Water management plans.
The Urban Water Management Planning Act requires each urban water
supplier to prepare and implement a water management plan for the
efficient use of available water supplies. The Agricultural Water
Management Planning Act requires , until 1993 except as
otherwise provided, every agricultural water supplier serving
water directly to customers to prepare an informational report based
on information from the last 3 irrigation seasons on its water
management and conservation practices.
This bill would require urban water suppliers and
agricultural water suppliers to include additional
information in their respective reports, including
for each plan a detailed description and analysis of a long-term
plan to reduce water use. The bill would require agricultural
water suppliers to prepare and adopt a specified agricultural water
management plan.
The bill would require that the water suppliers submit their
reports to an unspecified entity. The bill would provide that a
water supplier that does not prepare, adopt, and submit its plan in
accordance with the bill's requirements is ineligible to receive
specified funds. The bill would create the unspecified entity
and require it to develop an open and transparent process for the
collection and analysis of the data submitted to it by the water
suppliers, create and maintain a statewide database on water use,
conservation, and water use efficiency, and provide recommendations
for improvements to water suppliers' plans to meet a statewide goal.
The bill would also require the unspecified entity to submit an
annual report to the Legislature.
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. (a) The Legislature finds and declares all of the
following:
(1) Water conservation and water use efficiency are central
elements of the state's strategy to enhance water reliability,
restore ecosystems, and respond to climate change and a growing
population.
(2) Water conservation and water use efficiency must 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.
(3) 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.
(4) Conservation and water use efficiency programs must be
consistent with state law and should strengthen and not weaken the
water rights of California communities.
(b) Therefore, it is the intent of the Legislature 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 an aggregate statewide goal
of saving 1.74 million acre-feet of water annually, and to otherwise
encourage conservation and water use efficiency. by
2020.
(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.
(4) Acknowledge that conservation, improved water use efficiency,
and development of local resources, such as water reuse, recycling,
desalination, 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) Appreciate that success will depend upon creating 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 and
agricultural suppliers, and water users statewide.
SEC. 2. Part 2.11 (commencing with Section 10920) is added to
Division 6 of the Water Code, to read:
PART 2.11. The California Water Use Efficiency and
Conservation Act
CHAPTER 1. URBAN WATER SUPPLIERS
Article 1. Definitions
10920. Unless the context requires otherwise, the definitions set
forth in this article govern the construction of this chapter.
10921. "Best management practices" means water use efficiency
measures that are adopted by the California Urban Water Conservation
Council.
10922. "Locally cost effective" means that the present value of
the local benefits of implementing a best management practice is
greater than or equal to the present value of the local cost of
implementing that measure. The procedures for calculating local cost
effectiveness shall be developed by the ____ pursuant to Section
____.
10923. "Water conservation" means any reduction in applied water
use including preventing waste or accomplishing additional benefits
with the same amount of water.
10924. "Water use efficiency" means using water more efficiently
to reduce demand for a given level of production.
10925. "Urban water supplier" means either of the following:
(a) An urban retail water supplier, either publicly or privately
owned, that directly provides municipal water to more than 3,000 end
users or that supplies more than 3,000 acre-feet of water annually.
(b) An urban wholesale water supplier, either publicly or
privately owned, that provides more than 3,000 acre-feet of water
annually at wholesale for municipal purposes.
Article 2. Reduction of Urban Water Use
10926. (a) Every urban water supplier that is required to prepare
and adopt an urban water management plan pursuant to Section 10620
shall include all of the following in that plan:
(1) A detailed description and analysis of a long-term plan to
reduce water use through conservation and water use efficiency
measures, including commitments to achieving quantified water use
reduction objectives no later than December 31, 2020. The plan
shall i nclude a definition of "quantified water use
reduction objectives." If the definition of that term would result in
less than a 20-percent reduction in per capita water use, the plan
shall also include a justification for that per capita use
reduction objective.
(2) A full implementation of best management practices that are
locally cost effective and technically feasible, and implementation
of local resource projects.
(3) Per capita use reduction objectives for residential water use.
(4) Maximum efficiency gains for commercial, industrial, and
institutional use.
(b) In addition, the plan shall also do both of the following:
(1) Consider the water-energy interface to maximize energy
efficiency gains associated with changing water use.
(2) Consider changes in patterns of beneficial uses, both indoors
and outdoors, that maintain quality of life while helping achieve
long-term goals.
10927. Every urban water supplier that is required to prepare and
adopt an urban water plan shall submit its plan to ____ for
evaluation and reconciliation. ____ shall evaluate the plans,
determine whether they will collectively accomplish the statewide
goal, and make recommendations for modifying the plans to increase
conservation and water use efficiency. Every urban water supplier
shall provide annual progress reports to ____ that identify, as
appropriate, modifications to the plans to help to accomplish the
statewide goal.
10928. Any improvements in water use efficiency achieved by
implementation of this part shall be considered to be water
conservation subject to the protections of Section 1011.
10929. Data relating to water use efficiency and reports prepared
pursuant to this chapter shall not be admissible as evidence that
any person has failed to comply with the provisions of Section 2 of
Article X of the California Constitution or Section 100 of this code.
These data and reports shall not be used as part of any action by
the department or the board pursuant to Section 275.
10930. An urban water supplier's failure to meet any interim
milestone toward any water conservation or water efficiency goals
established pursuant to this part shall not be admissible as evidence
that any person has failed to comply with the provisions of Section
2 of Article X of the California Constitution or Section 100 of this
code. That failure shall not be used as part of any action by the
department or the board pursuant to Section 275.
10928. Nothing in this article shall be construed to diminish or
otherwise limit the protection of water rights provided by Section
1011 or any other provision of law.
10931. An urban water supplier that does not prepare, adopt, and
submit its plan to ____ in accordance with this part is ineligible
to receive funding pursuant to Division 24 (commencing with
Section 78500), or Division 26 (commencing with Section 79000), or
receive drought assistance until the plan is submitted pursuant
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 plan is
submitted pursuant to this chapter.
CHAPTER 2. AGRICULTURAL WATER SUPPLIERS
Article 1. Definitions
10932. Unless the context requires otherwise, the definitions set
forth in this article govern the construction of this chapter.
10933. "Agricultural water supplier" means a supplier, either
publicly or privately owned, supplying more than ____ 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.
10934. "Efficient water management practices" means reasonable
and economically justifiable programs to improve the delivery and use
of water for agricultural purposes.
10935. "Locally cost effective" means that the present value of
the local benefits of implementing a best management practice is
greater than or equal to the present value of the local cost of
implementing that measure. The procedures for calculating local cost
effectiveness shall be developed by ____ pursuant to Section 10943.
Article 2. Agricultural Water Use
10936. An agricultural water supplier shall prepare and adopt an
agricultural water management plan in the manner set forth in Section
10821 on or before December 31, ____. An agricultural water supplier
that is a member of the Agricultural Water Management Council and
submits a water management plan to the 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 plan identifying
water demand management measures currently being implemented, or
scheduled for implementation, to satisfy the requirements of this
section.
10937. (a) Every agricultural water supplier's agricultural water
management plan shall include all of the following:
(1) A detailed description and analysis of a long-term plan to
reduce water use through water use efficiency measures.
(2) A full implementation plan for efficient management practices
that are locally cost effective, appropriate, and technically
feasible, and for local resource projects.
(3) Maximum efficiency gains for agricultural use.
(b) The plan shall also consider the water-energy interface to
maximize energy efficiency gains associated with changing water use.
10938. Every agricultural water supplier shall submit its plan to
___ for evaluation and reconciliation. ___ shall evaluate the plans,
determine whether they will collectively accomplish the statewide
goal, and make recommendations for modifying the plans to increase
water use efficiency. Every agricultural water supplier shall provide
annual progress reports to ___ that identify, as appropriate,
modifications to the plans to help to accomplish the statewide goal.
10939. Any improvements in water use efficiency achieved by
implementation of this part shall be considered to be water
conservation subject to the protections of Section 1011.
10940. Data relating to water use efficiency and reports prepared
pursuant to this chapter shall not be admissible as evidence that
any person has failed to comply with the provisions of Section 2 of
Article X of the California Constitution or Section 100 of this code.
Those data and reports shall not be used as part of any action by
the department or the board pursuant to Section 275.
10941. An agricultural water supplier's failure to meet any
interim milestone toward any water conservation or water efficiency
goals established pursuant to this part shall not be admissible as
evidence that any person has failed to comply with the provisions of
Section 2 of Article X of the California Constitution or Section 100
of this code. That failure shall not be used as part of any action by
the department or the board pursuant to Section 275.
10939. Nothing in this article shall be construed to diminish or
otherwise limit the protection of water rights provided by Section
1011 or any other provision of law.
10942. An agricultural water supplier that does not prepare,
adopt, and submit its plan to ____ in accordance with this part is
ineligible to receive funding pursuant to Division 24
(commencing with Section 78500), or Division 26 (commencing with
Section 79000), or receive drought assistance until the plan is
submitted 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
plan is submitted pursuant to this chapter.
CHAPTER 3. REPORTING, MONITORING, AND EVALUATION OF PLANS
10943. There is in the State of California the ____. The ____
shall do all of the following:
(a) Develop an open and transparent process for the collection and
analysis of data required by this part.
(b) Develop standardized procedures for determining local cost
effectiveness.
(c) Create and maintain a statewide database on water use,
conservation, water use efficiency, and local resource development
throughout California.
(d) Receive and evaluate the long-term conservation and water use
efficiency plans submitted under this part.
(e) Assess whether the plans collectively will accomplish the
statewide conservation and water use efficiency goal.
(f) Provide recommendations for improvements to the plans to help
meet the statewide conservation and water use efficiency goal.
(g) Submit an annual report to the Legislature on or before
December 31, ____, and each year thereafter.