AB 1896, as amended, V. Manuel Pérez. Coachella Valley Water District: nonpotable water use.
Existing law, the County Water District Law, governs the operations of the Coachella Valley Water District. Existing law prohibits a person or local public agency from using, within the district’s service area, water from any source that is suitable for potable domestic use for nonpotable uses for cemeteries, parks, highway landscaped areas, new industrial facilities, and golf course irrigation if the board of directors of the district determines that suitable nonpotable water is available, as specified, and other requirements are met.
This bill would add the use of potable domestic water forbegin insert landscaped common areas of residential developments maintained by aend insert homeowner’s associationbegin delete facilitiesend delete
as a prohibited use if the board of directors of the district determines that suitable nonpotable water is available.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Coachella Valley Water District.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertThe Legislature finds and declares all of the
2following:end insert
3(a) The Coachella Valley aquifer is in a state of overdraft with
4an urgent need to conserve and efficiently use potable quality
5groundwater.
6(b) Expanded nonpotable water use for landscaping is a key
7part in a
regional water plan for the Coachella Valley.
8(c) Existing law requires that the Board of Directors of the
9Coachella Valley Water District determine that nonpotable water
10can be supplied at a reasonable cost and requires that the board
11include in the determination of providing nonpotable water at a
12designated site that the present and projected costs of supplying
13and delivering nonpotable water will be cost effective at a cost
14comparable to, or less than, the cost of supplying potable domestic
15water.
Section 32601 of the Water Code is amended to read:
(a) The Legislature hereby finds and declares that the
19use of potable domestic water for nonpotable uses for cemeteries,
20parks, highway landscaped areas, new industrial facilities,
21begin insert landscaped common areas of residential developments maintained
22by end insertbegin inserta end insert homeowner’s associationbegin delete facilitiesend delete, and golf course irrigation
23is a waste and an unreasonable use of the water within the meaning
24of Section 2 of Article X of the California Constitution, if
25nonpotable water,
including recycled water, is available under all
26of the following conditions as determined by the board, after notice
27to any person or local public agency that may be ordered to use
28nonpotable water or to cease using potable water and a hearing
29held by the board if requested by the person or local public agency:
30(1) The board determines that the source of nonpotable water
31is of adequate quality for the proposed use and is available for that
32use. In determining adequate quality, the board shall consider all
33relevant factors, including, but not limited to, food and employee
34safety, and level and types of specific constituents in the nonpotable
35water affecting the use, on a user-by-user basis. In addition, the
36board shall consider the effect of the use of nonpotable water in
37lieu of potable water on the generation of hazardous waste and on
38the
quality of wastewater discharges subject to permit.
P3 1(2) The board determines that the nonpotable water may be
2furnished for the proposed use at a reasonable cost to the user. In
3determining reasonable cost, the board shall consider all relevant
4factors, including, but not limited to, the present and projected
5costs of supplying, delivering, and treating potable domestic water
6for the proposed use and the present and projected costs of
7supplying and delivering nonpotable water for that use, and finds
8that the cost of supplying the nonpotable water is comparable to,
9or less than, the cost of supplying potable domestic water.
10(3) The State Department of Public Health determines that the
11use of nonpotable water from the proposed source will not be
12detrimental to public health.
13(4) The California regional water quality control board
14determines that the use of nonpotable water from the proposed
15source will comply with any applicable water quality control plan.
16(5) The board determines that the use of nonpotable water for
17the proposed use will not adversely affect groundwater rights, will
18not degrade water quality, and is determined not to be injurious to
19plant life, fish, and wildlife.
20(b) In making the determination described in subdivision (a),
21the board shall consider the impact of the cost and quality of the
22nonpotable water on each individual user.
23(c) The board may require a person or public agency to furnish
24information that the
board determines to be relevant to making the
25determinations described in subdivision (a).
Section 32602 of the Water Code is amended to read:
Notwithstanding any other provision of law, but subject
29to the other requirements of this part, no person or local public
30agency shall use water within the district’s service area from any
31source that is suitable for potable domestic use for nonpotable uses
32for cemeteries, parks, highway landscaped areas, new industrial
33facilities,begin delete homeowner’s association facilitiesend deletebegin insert landscaped common
34areas of residential developments maintained by a homeowner’s
35associationend insert, and golf course irrigation, if the board, in accordance
36with Section 32601, determines that suitable nonpotable
water is
37available.
The Legislature finds and declares that a special law
40is necessary and that a general law cannot be made applicable
P4 1within the meaning of Section 16 of Article IV of the California
2Constitution because of the unique circumstances in the service
3area of the Coachella Valley Water District.
O
98