BILL ANALYSIS Ó
AB 1896
Page 1
ASSEMBLY THIRD READING
AB 1896 (V. Manuel Pérez)
As Amended April 7, 2014
Majority vote
ENVIRONMENTAL SAFETY 6-0 APPROPRIATIONS 16-0
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|Ayes:|Alejo, Dahle, Bloom, |Ayes:|Gatto, Bigelow, |
| |Gomez, Lowenthal, Ting | |Bocanegra, Bradford, Ian |
| | | |Calderon, Campos, Eggman, |
| | | |Gomez, Holden, Jones, |
| | | |Linder, Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Adds landscaped common areas of residential
developments maintained by a homeowner's association to those
entities within the Coachella Valley Water District (CVWD)
service area for which a person or local public agency is
prohibited from using potable water for nonpotable uses.
Specifically, this bill :
1)Adds landscaped common areas of residential developments
maintained by a homeowner's association to those entities
within the CVWD service area for which a person or local
public agency is prohibited from using potable water for
nonpotable uses if the Board of Directors of the CVWD (Board)
determines that suitable nonpotable water is available.
2)Makes legislative findings regarding the overdraft status of
the Coachella Valley aquifer; stating that expanded nonpotable
water use for landscaping is a key part in a regional water
plan for the Coachella Valley; and, regarding existing
requirements on the Board to manage nonpotable and potable
domestic water.
3)Adds, within the CVWD service area, landscaped common areas of
residential developments to the list of entities whose use of
potable water for nonpotable uses is considered a waste and
unreasonable use of water within the meaning of the California
Constitution Article X Section 2 if nonpotable water is
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available, under specified conditions.
EXISTING LAW :
1)Provides that the right to use water does not extend to waste
or unreasonable use of the water. (California Constitution
Article X Section 2)
2)Provides that, within CVWD's service area, the use of potable
domestic water for nonpotable uses for cemeteries, parks,
highway landscaped areas, new industrial facilities, and golf
course irrigation is a waste and an unreasonable use of water
within the meaning of the California Constitution Article X
Section 2 if nonpotable water is available that meets
specified conditions, including quantity, quality, and cost,
as determined by the CVWD. (Water Code Section 32601)
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no direct state costs. Any costs incurred by the
CVWD to enforce this prohibition would be covered by local water
user fee revenue.
COMMENTS :
Need for the bill: According to the author, "The Coachella
Valley aquifers are over-drafted and CVWD and other area water
districts have aggressive and expanding replenishment programs
in place? The 2006 non-potable bill identified five areas in
which non-potable water could be substituted for domestic
quality groundwater: cemeteries, parks, highway landscaped
areas, new industrial facilities, and golf course irrigation?
Since homeowner associations (HOA) are frequently managers of
private golf courses, it simply makes sense to request the
Legislature to expand the list to include common landscaped
areas managed by the homeowner's associations to be added to the
mandate to use non-potable water when it is available and after
a public discussing in the Board for each development is held."
Groundwater in the Coachella Valley: According to the CVWD,
groundwater is the source of virtually all drinking water and
other domestic water in the Coachella Valley. Potable water is
currently utilized for many nonpotable purposes, including
irrigation for golf courses and other outdoor landscaping. CVWD
states that as a result, the Coachella Valley's
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significantly-sized aquifer is in a state of overdraft. Because
of this, the CVWD, the sponsors of the bill, are seeking to
limit nonpotable uses of potable water if there is suitable
nonpotable water available.
A waste or an unreasonable use of water: In California, the use
of potable domestic water for nonpotable purposes is a waste or
unreasonable use within the meaning of the California
Constitution Article X Section 2 if nonpotable water is
available that meets specific conditions. Those conditions
include that the nonpotable water is of adequate quality, is
furnished at a reasonable cost, meets public health
requirements, will not adversely affect downstream water rights,
and will not degrade the environment. This means that if
nonpotable water is available that meets the conditions
established in statute, and a water user instead uses potable
water for the uses limited by statute, the water rights
associated with the potable water are at risk of violating
California Constitution Article X Section 2.
Current limitations on uses of potable domestic water: SB 1557
(Ducheny), Chapter 67, Statutes of 2006, prohibits a person or
local public agency from using, within the CVWD's service area,
water from any source that is suitable for potable domestic use
for specified nonpotable uses if the Board determines, after
notice and an opportunity for hearing, that suitable nonpotable
water is available, as specified, and other requirements are
met. SB 1577 listed cemeteries, parks, highway landscaped
areas, new industrial facilities, and golf course irrigation as
entities prohibited from using potable water if nonpotable water
is available.
This bill seeks to add landscaped common areas of residential
developments maintained by a homeowner's association to those
entities within the CVWD service area for which a person or
local public agency is prohibited from using potable water for
nonpotable uses.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0003363
AB 1896
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