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AB-1163 Water supply planning: California Environmental Quality Act: photovoltaic or wind energy generation facility.(2017-2018)

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Date Published: 06/22/2017 09:00 PM
AB1163:v95#DOCUMENT

Amended  IN  Senate  June 22, 2017
Amended  IN  Assembly  May 26, 2017
Amended  IN  Assembly  May 01, 2017
Amended  IN  Assembly  April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1163


Introduced by Assembly Member Irwin
(Coauthors: Assembly Members Aguiar-Curry, Arambula, Bigelow, Gallagher, Gonzalez Fletcher, Gray, Jones-Sawyer, and Limón)

February 17, 2017


An act relating to agriculture, and making an appropriation therefor. An act to amend and repeal Section 10912 of, and to add Section 10912.5 to, the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 1163, as amended, Irwin. Buy California Program: funding. Water supply planning: California Environmental Quality Act: 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, 2018, 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 indefinitely exempt 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. The bill would require a proposed photoelectric or wind energy generation facility that would demand no more than 75 acre-feet of water annually to prepare a construction water use analysis describing the facility’s water use during construction. The bill would require a city or county to include a construction water use analysis in any mitigated negative declaration or draft environmental impact report for the proposed facility, to notify any appropriate public water system of the availability of those documents, and to provide an opportunity for the public water system to comment. By increasing the duties of a city or county, this bill would impose 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 the statutory provisions noted above.

Existing law requires the Department of Food and Agriculture, headed by the Secretary of Food and Agriculture, to promote and protect the agricultural industry of the state. Existing law establishes within the department a public and private collaboration known as the “Buy California Program” to encourage consumer nutritional and food awareness and foster purchases of high-quality California agricultural products. Existing law authorizes the secretary to issue and make effective a marketing agreement, as specified, promoting the program. Existing law creates the continuously appropriated Buy California Account in the Department of Food and Agriculture Fund for those purposes.

This bill would transfer $1,000,000 from the General Fund to the Buy California Account to encourage the promotion and consumption of California grown crops by a Buy California Program marketing agreement, thereby making an appropriation. The bill would require that the expenditure of these moneys be made only if each $1 of these moneys is matched by $2 from nonstate sources.

Vote: TWO_THIRDSMAJORITY   Appropriation: YESNO   Fiscal Committee: YES   Local Program: NOYES  

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 669 of the Statutes of 2016, 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)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 amended by Section 2 of Chapter 669 of the Statutes of 2016, is repealed.
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, 2018.

SEC. 3.

 Section 10912.5 is added to the Water Code, to read:

10912.5.
 (a) A proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually shall prepare a construction water use analysis describing the facility’s water use during construction. The construction water use analysis shall describe the number of acre-feet to be used by the photovoltaic or wind energy generation facility during construction for purposes that include, but are not limited to, dust suppression, and shall include all of the following:
(1) The number of acre-feet of water to be used.
(2) The source and quality of the water.
(3) Alternative sources of water, if any.
(b) A city or county shall include a construction water use analysis in any mitigated negative declaration or draft environmental impact report for a proposed photovoltaic or wind energy generation facility that demands not more than 75 acre-feet of water annually. The city or county shall notify any appropriate public water system of the availability of a mitigated negative declaration or draft environmental impact report that contains a construction water use analysis and provide an opportunity for the public water system to comment.
(c) If any significant environmental effect arising out of a proposed photovoltaic or wind energy generation facility that demands no more than 75 acre-feet of water annually is identified, the city or county shall make the findings required by Section 21801 of the Public Resources Code.
(d) In approving a proposed photovoltaic or wind energy generation facility that demands no more than 75 acre-feet of water annually, a city or county shall find that the construction water use analysis has been prepared in compliance with this section.

SEC. 4.

 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.
SECTION 1.

The Legislature finds and declares both of the following:

(a)The Buy California Program marketing agreement, authorized by Section 58750 of the Food and Agricultural Code and initiated in 2001, has provided ongoing growth to the sales and consumption of California grown food items, specifically California grown specialty crops.

(b)The Buy California Program has embarked on consumer awareness studies indicating the following:

(1)Fifty-nine percent of California consumers purchase agricultural products specifically because they are from the state.

(2)Virtually every California consumer (99 percent) and national consumer (97 percent) agree that purchasing “CA GROWN” products supports the economy of the United States.

(3)Almost two-thirds (63 percent) of California consumers report that they are “very likely” to purchase a “CA GROWN” product over another seemingly identical product if the products are priced the same.

(4)Among California consumers, 69 percent are willing, and 26 percent are unwilling, to pay a premium for “CA GROWN” products.

(5)Eighty-six percent of California consumers and 54 percent of national consumers report that “CA GROWN” products matter to them.

SEC. 2.

(a)The sum of one million dollars ($1,000,000) is transferred from the General Fund to the Buy California Account established in Section 58750 of the Food and Agricultural Code in the Department of Food and Agriculture Fund to encourage the promotion and consumption of California grown crops by a Buy California Program marketing agreement authorized pursuant to Section 58750 of the Food and Agricultural Code.

(b)An expenditure of these moneys shall be made only if each one dollar ($1) of these moneys is matched by two dollars ($2) from nonstate sources, including private and federal sources.