BILL NUMBER: AB 2561	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 31, 2016
	AMENDED IN SENATE  AUGUST 19, 2016
	AMENDED IN ASSEMBLY  APRIL 12, 2016

INTRODUCED BY   Assembly Member Irwin

                        FEBRUARY 19, 2016

   An act to amend and repeal Section 10912 of the Water Code,
relating to water  supply.   supply, and
declaring the urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2561, as amended, Irwin. Water supply planning: projects:
photovoltaic or wind energy generation facility.
   Existing law requires a city or county that determines that a
project, as defined, is subject to the California Environmental
Quality Act to identify any public water system that may supply water
for the project and to request those public water systems to prepare
a specified water supply assessment. If no public water system is
identified, the city or county is required to prepare the water
supply assessment.
   Existing law defines "project" for purposes of these provisions
as, among other things, a project that would demand an amount of
water equivalent to, or greater than, the amount of water required by
a 500 dwelling unit project. For a public water system that has
fewer than 5,000 service connections, existing law defines "project"
as development that would account for a specified increase in the
number of service connections. Existing law, until January 1, 2017,
exempts from the definition of "project" a proposed photovoltaic or
wind energy generation facility that would demand no more than 75
acre-feet of water annually.
   This bill  would remove the January 1, 2017, sunset date,
which would indefinitely exempt   would, until January
1, 2018, exempt  the above-described proposed photovoltaic or
wind energy generation facilities from the definition of "project."
The bill would thereby extend the duties on local agencies with
respect to determining whether a project is subject to the water
supply assessment requirements, thereby imposing a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10912 of the Water Code, as amended by Section
1 of Chapter 588 of the Statutes of 2011, is amended to read:
   10912.  For the purposes of this part, the following terms have
the following meanings:
   (a) "Project" means any of the following:
   (1) A proposed residential development of more than 500 dwelling
units.
   (2) A proposed shopping center or business establishment employing
more than 1,000 persons or having more than 500,000 square feet of
floor space.
   (3) A proposed commercial office building employing more than
1,000 persons or having more than 250,000 square feet of floor space.

   (4) A proposed hotel or motel, or both, having more than 500
rooms.
   (5) (A) Except as otherwise provided in subparagraph (B), a
proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons, occupying
more than 40 acres of land, or having more than 650,000 square feet
of floor area.
   (B) A proposed photovoltaic or wind energy generation facility
approved on or after October 8, 2011, is not a project if the
facility would demand no more than 75 acre-feet of water annually.
   (6) A mixed-use project that includes one or more of the projects
specified in this subdivision.
   (7) A project that would demand an amount of water equivalent to,
or greater than, the amount of water required by a 500 dwelling unit
project.
   (b) If a public water system has fewer than 5,000 service
connections, then "project" means any proposed residential, business,
commercial, hotel or motel, or industrial development that would
account for an increase of 10 percent or more in the number of the
public water system's existing service connections, or a mixed-use
project that would demand an amount of water equivalent to, or
greater than, the amount of water required by residential development
that would represent an increase of 10 percent or more in the number
of the public water system's existing service connections.
   (c) "Public water system" means a system for the provision of
piped water to the public for human consumption that has 3,000 or
more service connections. A public water system includes all of the
following:
   (1) Any collection, treatment, storage, and distribution facility
under control of the operator of the system that is used primarily in
connection with the system.
   (2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with the
system.
   (3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption. 
   (d) (d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.  
  SEC. 2.    Section 10912 of the Water Code, as
added by Section 2 of Chapter 588 of the Statutes of 2011, is
repealed. 
   SEC. 2.    Section 10912 of the   Water Code
  , as added by Section 2 of Chapter 588 of the Statutes of
2011, is amended to read: 
   10912.  For the purposes of this part, the following terms have
the following meanings:
   (a) "Project" means any of the following:
   (1) A proposed residential development of more than 500 dwelling
units.
   (2) A proposed shopping center or business establishment employing
more than 1,000 persons or having more than 500,000 square feet of
floor space.
   (3) A proposed commercial office building employing more than
1,000 persons or having more than 250,000 square feet of floor space.

   (4) A proposed hotel or motel, or both, having more than 500
rooms.
   (5) A proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons, occupying
more than 40 acres of land, or having more than 650,000 square feet
of floor area.
   (6) A mixed-use project that includes one or more of the projects
specified in this subdivision.
   (7) A project that would demand an amount of water equivalent to,
or greater than, the amount of water required by a 500 dwelling unit
project.
   (b) If a public water system has fewer than 5,000 service
connections, then "project" means any proposed residential, business,
commercial, hotel or motel, or industrial development that would
account for an increase of 10 percent or more in the number of the
public water system's existing service connections, or a mixed-use
project that would demand an amount of water equivalent to, or
greater than, the amount of water required by residential development
that would represent an increase of 10 percent or more in the number
of the public water system's existing service connections.
   (c) "Public water system" means a system for the provision of
piped water to the public for human consumption that has 3,000 or
more service connections. A public water system includes all of the
following:
   (1) Any collection, treatment, storage, and distribution facility
under control of the operator of the system that is used primarily in
connection with the system.
   (2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with the
system.
   (3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.
   (d) This section shall become operative on January 1, 
2017.   2018. 
  SEC. 3.   If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
   SEC. 4.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to encourage the development of photovoltaic and wind
generation facilities to meet the state's renewable portfolio
standard and greenhouse gas emission reduction goals, it is necessary
for this act to take effect immediately.