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AB-2298 Public water systems: water meters.(2003-2004)

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AB2298:v94#DOCUMENT

Amended  IN  Assembly  March 22, 2004
Amended  IN  Assembly  April 14, 2004
Amended  IN  Assembly  April 16, 2004
Amended  IN  Assembly  May 06, 2004
Amended  IN  Senate  June 17, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 2298


Introduced  by  Assembly Member Plescia
(Coauthor(s): Assembly Member Aghazarian, Kehoe, Spitzer, Wolk)

February 19, 2004


An act to add Article 11 (commencing with Section 65610) to Chapter 3 of Division 1 of Title 7 of the Government Code, relating to water conservation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2298, as amended, Plescia. Public water systems: water meters.
(1) The Water Conservation in Landscaping Act, requires the Department of Water Resources to adopt a model local water efficient landscape ordinance that each local agency may adopt and requires a local agency to adopt a water efficient landscape ordinance by January 1, 1993, unless the local agency adopts specified findings that an ordinance is unnecessary.
The bill would require, after commencing January 1, 2006, that an urban water supplier, as defined, install, or require the installation of, separate water meters or submeters that used exclusively to measure or calculate the volume of water delivered to any new construction with irrigated landscaped area areas of 10,000 square feet or more that are not located within a parcel occupied by a single-family residential dwelling, and would also require, not later than January 1, 2012, that these suppliers (a) install, or require the installation of, separate water meters or submeters for irrigated landscaped area of one acre or more not located within a parcel occupied by a single family single-family residential dwelling or (b) establish or require a weather-based controller or comparable irrigation management system that targets a water budget for the irrigated landscape, as specified. By increasing the duties of local public officials, the bill would create a state-mandated local program.
(2) The bill would also authorize an urban water supplier to recover the cost of purchasing, installing, and servicing separate landscape water meters or submeters from rates, fees, or charges.
(3) 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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 11 (commencing with Section 65610) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
Article  11. Landscape Water Meters and Submeters

65610.
 The Legislature finds and declares all of the following:
(a) That the policy of the State is to conserve and make efficient use of existing water supplies.
(b)  That economic analyses conducted by urban water agencies and the goals and objectives of the CALFED Bay-Delta Program Record of Decision have identified urban water conservation as a cost-effective approach to addressing water supply needs.
(c) That a clear public interest exists in achieving the highest practicable level of landscape water use efficiency throughout the state.
(d) That the application of recent advances in landscape design, irrigation technology, and landscape maintenance can help conserve water, while maintaining the quality and traditional character of public, commercial, and residential landscapes.

65611.

(a)After January 1, 2006, an urban water supplier shall install, or require the installation of, a separate water meter or submeter to measure or calculate the volume of water delivered to any new irrigated landscaped area of 10,000 square feet or more.

65611.
 (a) Commencing on January 1, 2006, for any new construction with irrigated landscaped areas of 10,000 square feet or more that are not located within a parcel occupied by a single-family residential dwelling, an urban water supplier shall install, or require the installation of, a separate water meter or submeter used exclusively to measure or calculate the volume of water delivered to the irrigated landscape.
(b) After January 1, 2007, the water usage measured by the water meters or submeters serving any irrigated landscaped area pursuant to subdivision (a) shall be used in whole or in part for regular billing purposes by the urban water supplier.
(c) (1) Not later than January 1, 2012, an urban water supplier shall install, or require the installation of, a separate water meter or submeter used exclusively to measure or calculate the volume of water delivered to an irrigated landscaped area of one acre or more that is not located within a parcel occupied by a single-family residential dwelling. The water usage measured by the water meters or submeters serving the irrigated landscaped area shall be used in whole or in part for regular billing purposes by the urban water supplier. an urban water supplier shall identify customers with irrigated landscapes of one acre or more that are not located within a parcel occupied by a single-family residential dwelling and shall take at least one of the following actions:
(A) Install, or require the installation of, a separate water meter or submeter used exclusively to measure or calculate the volume of water delivered to the irrigated landscape. The water usage measured or calculated by the water meters or submeters serving the irrigated landscaped area shall be used in whole or in part for regular billing purposes by the urban water supplier.
(B) Establish or require the establishment of a weather-based controller or comparable irrigation management system that targets a water budget for the irrigated landscape based on an estimate of the maximum volume of water needed to irrigate the landscaped area based on a budget up to 100 percent of reference evapotranspiration (ETo). The urban water supplier will communicate through programs or billings to those customers who are exceeding their water budgets.
(2) A public park with incidental nonlandscape water use shall be in compliance with this subdivision with the installation of one or more nonexclusive meters that measure total water use on the property.
(d) It is the intent of the Legislature that urban water suppliers utilize separate water meters and submeters to establish rate structures and water budgets that discourage the wasteful use of water.
(e) A urban water supplier may recover the cost of purchasing, installing, and servicing separate landscape water meters or submeters from rates, fees, or charges.

65612.
 (a) As used in this article “urban water supplier” has the same meaning as in Section 10617 of the Water Code.
(b) As used in this article, “reference evapotranspiration” (ETo) means the amount of water needed in a specific geographical location in a year of average weather to grow a large field of four- to seven-inch tall cool-season grass that is well-watered based on data from the California Irrigation Management Information System (CIMIS) or other monitoring systems that utilize CIMIS parameters to calculate estimated evapotranspiration.

65613.
 This article does not alter any rights, remedies, or obligations that may exist pursuant to the Water Recycling in Landscaping Act (Article 10.9 (commencing with Section 65601).

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.