Bill Text
Bill Start
Amended
IN
Senate
July 03, 2017 |
Amended
IN
Assembly
May 30, 2017 |
Amended
IN
Assembly
April 18, 2017 |
Assembly Bill | No. 1667 |
Introduced by Assembly Member Friedman |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
(1)Existing law requires an agricultural water supplier to prepare and adopt an agricultural water management plan with specified components on or before December 31, 2012, and to update that plan on December 31, 2015, and on or before December 31 every 5 years thereafter. Existing law requires the agricultural water supplier to submit copies of the plan to the Department of Water Resources and other specified entities, and requires the department to prepare and submit to the Legislature, on or before December 31 in years ending in 6 and years ending in one, a report summarizing the status of the plans.
This bill would revise the components of the plan and additionally require the agricultural water management plan to quantify
the efficiency of agricultural water use, include an annual water budget, describe the agricultural water supplier’s water management strategy with specified elements, and include a drought plan describing the actions of the agricultural water supplier for drought preparedness and management of water supplies and allocations during drought conditions. The bill would require the department to provide tools and resources to assist an agricultural water supplier in developing and quantifying components necessary to develop a water budget. The bill would require the 2020 plan to be updated on or before April 1, 2021, and after that date, would require an agricultural
water supplier to update its agricultural water management plan on or before April 1 in years ending in 6 and in years ending in one. The bill would require the department to submit its report to the Legislature on or before April 30 in years ending in 7 and in years ending in 2.
(2)Existing
law requires an agricultural water supplier to submit an annual report to the department that summarizes aggregated farm-gate delivery data using best professional practices.
This bill would require the report to be organized by groundwater basin within the agricultural water supplier’s service area, if applicable, and would require the report to be submitted to the department by April 1 of each year.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 350 of the Water Code is amended to read:350.
The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company,SEC. 2.
Section 377 of the Water Code is amended to read:377.
(a) From and after the publication or posting of any ordinance or resolution pursuant to Section 376, a violation of a requirement of a water conservation program adopted pursuant to Section 376 is a misdemeanor. A person convicted under this subdivision shall be punished by imprisonment in the county jail for not more than 30 days, or by a fine not exceeding one thousand dollars ($1,000), or by both.SEC. 3.
Section 531.10 of the Water Code is amended to read:531.10.
(a) (1) An agricultural water supplier shall submit an annual report to the department that summarizes aggregated farm-gate delivery data, on a monthly or bimonthly basis, using best professional practices. The annual report for the prior year shall be submitted to the department by April 1 of each year. The annual report shall be organized by basin, as defined in Section 10721, within the service area of the agricultural water supplier, if applicable.SEC. 4.
Section 1058.5 of the Water Code is amended to read:1058.5.
(a) This section applies to any emergency regulation adopted by the board for which the board makes both of the following findings:SEC. 5.
Section 1120 of the Water Code is amended to read:1120.
This chapter applies to any decision or order issued under this part or Section 275, Part 2 (commencing with Section 1200), Part 2 (commencing with Section 10500) of Division 6, Part 2.55 (commencing with Section 10608) of Division 6, or Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, or the public trust doctrine.SEC. 6.
Section 1831 of the Water Code is amended to read:1831.
(a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.SEC. 7.
Section 10608.20 of the Water Code is amended to read:10608.20.
(a) (1) Each urban retail water supplier shall develop urban water use targets and an interim urban water use target by July 1, 2011. Urban retail water suppliers may elect to determine and report progress toward achieving these targets on an individual or regional basis, as provided in subdivision (a) of Section 10608.28, and may determine the targets on a fiscal year or calendar year basis.SEC. 8.
Section 10608.48 of the Water Code is amended to read:10608.48.
(a) On or before July 31, 2012, an agricultural water supplier shall implement efficient water management practices pursuant to subdivisions (b) and (c).SEC. 9.
Chapter 9 (commencing with Section 10609) is added to Part 2.55 of Division 6 of the Water Code, to read:CHAPTER 9. Urban Water Conservation Standards and Use Reporting
10609.
(a) The Legislature finds and declares all of the following:10609.1.
(a) The board, in consultation with the department, shall adopt long-term standards for urban water conservation and water use on or before May 20, 2021. The standards shall include, but are not limited to, standards for all of the following:10609.2.
(a) (1) Beginning on or after July 1, 2022, the board may issue informational orders pertaining to water production, water use, and water conservation to an urban water supplier that does not meet its water use target required by this chapter. Informational orders are intended to obtain information on supplier activities, water production, and conservation efforts in order to identify technical assistance needs and assist urban water suppliers in meeting their water use targets.10609.3.
The board may issue a regulation or informational order requiring a distributor of a public water supply, as that term is used in Section 350, to submit information relating to water production, water use, or water conservation.SEC. 10.
Chapter 10 (commencing with Section 10609.7) is added to Part 2.55 of Division 6 of the Water Code, to read:CHAPTER 10. Countywide Drought Contingency Plans
10609.7.
The department shall propose to the Governor and the Legislature, on or before August 1, 2020, recommendations and guidance relating to the development and use of countywide drought contingency plans to address drought planning for small water suppliers and rural communities. The department shall consider if such plans should be included in county local hazard mitigation plans. The recommendations and guidance may relate to reporting and data recording, communications planning, roles and responsibilities, and coordination with other relevant water management planning efforts. In formulating the proposal, the department shall utilize a public process involving state agencies, cities, counties, small communities, small water suppliers, and stakeholders.SEC. 11.
Section 10610.2 of the Water Code is amended to read:10610.2.
(a) The Legislature finds and declares all of the following:SEC. 12.
Section 10610.4 of the Water Code is amended to read:10610.4.
The Legislature finds and declares that it is the policy of the state as follows:SEC. 13.
Section 10612 of the Water Code is amended and renumbered to read:10612.10611.3.
“Customer” means a purchaser of water from a water supplier who uses the water for municipal purposes, including residential, commercial, governmental, and industrial uses.SEC. 14.
Section 10612 is added to the Water Code, to read:10612.
“Drought risk assessment” means a method that examines water shortage risks based on the driest five-year historic sequence for the agency’s water supply.SEC. 15.
Section 10617 of the Water Code is amended and renumbered to read:10617.10618.
“Urban water supplier” means a supplier, either publicly or privately owned, providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually. An urban water supplier includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells for ultimate resale to customers. This part applies only to water supplied from public water systems subject to Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code.SEC. 16.
Section 10617 is added to the Water Code, to read:10617.
“Water budget forecast” means a method that looks at current year and one or more dry year supplies and demands for determining water shortage risks.SEC. 17.
Section 10617.5 is added to the Water Code, to read:10617.5.
“Water shortage contingency plan” means a document that incorporates the provisions detailed in subdivision (a) of Section 10632 and is subsequently adopted by an urban water supplier pursuant to this article.SEC. 18.
Section 10620 of the Water Code is amended to read:10620.
(a) Every urban water supplier shall prepare and adopt an urban water management plan in the manner set forth in Article 3 (commencing with Section 10640).(2)
SEC. 19.
Section 10621 of the Water Code is amended to read:10621.
(a) Each urban water supplier shall update its plan at least once every five years on or before(c)
(d)
(e)
SEC. 20.
Section 10630 of the Water Code is amended to read:10630.
It is the intention of the Legislature, in enacting this part, to permit levels of water management planning commensurate with the numbers of customers served and the volume of waterSEC. 21.
Section 10631 of the Water Code is amended to read:10631.
A plan shall be adopted in accordance with this chapter that shall do all of the following:(1)
(2)
(3)
(4)
(c)(1)Describe the reliability (1) of the water supply and vulnerability to seasonal or climatic shortage, to the extent practicable, and provide data for each of the following:
(A)An average water year.
(B)A single-dry water year.
(C)Multiple-dry water years.
(2)For any water source that may not be available at a consistent level of use, given specific legal, environmental, water quality, or climatic factors, describe plans to supplement or replace that source with alternative sources or water demand management measures, to the extent practicable.
(d)
(e)
(f)
(g)
(h)
(i)For purposes of this part, urban water suppliers that are members of the California Urban Water Conservation Council shall be deemed in compliance with the requirements of subdivision (f) by complying with all the provisions of the “Memorandum of Understanding Regarding Urban Water Conservation in California,” dated December 10, 2008, as it may be amended, and by submitting the annual reports required by Section 6.2 of that memorandum.
(j)
SEC. 22.
Section 10631.2 of the Water Code is amended to read:10631.2.
(a) In addition to the requirements of Section 10631, an urban water management planSEC. 23.
Section 10631.7 of the Water Code is repealed.The department, in consultation with the California Urban Water Conservation Council, shall convene an independent technical panel to provide information and recommendations to the department and the Legislature on new demand management measures, technologies, and approaches. The panel shall consist of no more than seven members, who shall be selected by the department to reflect a balanced representation of experts. The panel shall have at least one, but no more than two, representatives from each of the following: retail water suppliers, environmental organizations, the business community, wholesale water suppliers, and academia. The panel shall be convened by January 1, 2009, and shall report to the Legislature no later than January 1, 2010, and every five years thereafter. The department shall review the panel report and include in the final report to the Legislature the department’s recommendations and comments regarding the panel process and the panel’s recommendations.
SEC. 24.
Section 10632 of the Water Code is repealed.(a)The plan shall provide an urban water shortage contingency analysis that includes each of the following elements that are within the authority of the urban water supplier:
(1)Stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply, and an outline of specific water supply conditions that are applicable to each stage.
(2)An estimate of the minimum water supply available during each of the next three water years based on the driest three-year historic sequence for the agency’s water supply.
(3)Actions to be undertaken by the urban water supplier to prepare for, and implement during, a catastrophic interruption of water supplies including, but not limited to, a regional power outage, an earthquake, or other disaster.
(4)Additional, mandatory prohibitions against specific water use practices during water shortages, including, but not limited to, prohibiting the use of potable water for street cleaning.
(5)Consumption reduction methods in the most restrictive stages. Each urban water supplier may use any type of consumption reduction methods in its water shortage contingency analysis that would reduce water use, are appropriate for its area, and have the ability to achieve a water use reduction consistent with up to a 50 percent reduction in water supply.
(6)Penalties or charges for
excessive use, where applicable.
(7)An analysis of the impacts of each of the actions and conditions described in paragraphs (1) to (6), inclusive, on the revenues and expenditures of the urban water supplier, and proposed measures to overcome those impacts, such as the development of reserves and rate adjustments.
(8)A draft water shortage contingency resolution or ordinance.
(9)A mechanism for determining actual reductions in water use pursuant to the urban water shortage contingency analysis.
(b)Commencing with the urban water management plan update due July 1, 2016, for purposes of developing the water shortage contingency analysis pursuant to subdivision (a), the urban water supplier shall analyze and define water features that are artificially
supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.
SEC. 25.
Section 10632 is added to the Water Code, to read:10632.
(a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:SEC. 26.
Section 10632.1 is added to the Water Code, to read:10632.1.
An urban water supplier shall conduct the annual water budget forecast pursuant to subdivision (a) of Section 10632 and, on or before June 1 of each year, submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance, and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan.SEC. 27.
Section 10632.2 is added to the Water Code, to read:10632.2.
An urban water supplier shall adhere to the prescribed procedures and implement determined shortage response actions in its water shortage contingency plan as identified in subdivision (a) of Section 10632 in drought and water shortage conditions.SEC. 28.
Section 10632.3 is added to the Water Code, to read:10632.3.
The department may update the Urban Water Management Guidebook to include and further clarify, where necessary, the requirements contained in subdivision (a) of Section 10632.SEC. 29.
Section 10635 of the Water Code is amended to read:10635.
(a) Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and(b)
(c)
(d)
SEC. 30.
Section 10640 of the Water Code is amended to read:10640.
(a) Every urban water supplier required to prepare a plan pursuant to this part shall prepare its plan pursuant to Article 2 (commencing with Section 10630). The supplier shall likewise periodically review the plan as required by Section 10621, and any amendments or changes required as a result of that review shall be adopted pursuant to this article.SEC. 31.
Section 10641 of the Water Code is amended to read:10641.
An urban water supplier required to prepare an urban water management plan or a water shortage contingency plan may consult with, and obtain comments from, any public agency or state agency or any person who has special expertise with respect to water demand management methods and techniques.SEC. 32.
Section 10642 of the Water Code is amended to read:10642.
Each urban water supplier shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of both the urban water management plan and the water shortage contingency plan. Prior to adoptingSEC. 33.
Section 10644 of the Water Code is amended to read:10644.
(a) (1) An urban water supplier shall submit to the department, the California State Library, and any city or county within which the supplier provides water supplies a copy of its plan no later than 30 days after adoption. Copies of amendments or changes to the plans shall be submitted to the department, the California State Library, and any city or county within which the supplier provides water supplies within 30 days after adoption.(b)
(B)
SEC. 34.
Section 10645 of the Water Code is amended to read:10645.
(a) Not later than 30 days after filing a copy of its plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours.SEC. 35.
Section 10650 of the Water Code is amended to read:10650.
Any actions orSEC. 36.
Section 10651 of the Water Code is amended to read:10651.
In any action or proceeding to attack, review, set aside, void, or annul an urban water management plan or a water shortage contingency plan, or an action taken pursuant toSEC. 37.
Section 10653 of the Water Code is amended to read:10653.
The adoption of a plan shall satisfy any requirements of state law, regulation, or order, including those of theSEC. 38.
Section 10654 of the Water Code is amended to read:10654.
An urban water supplier may recover in its rates the costs incurred in preparing its urban water management plan and its water shortage contingency plan and implementing the reasonable water conservation measures included inSEC. 39.
Section 10656 of the Water Code is amended to read:10656.
An urban water supplier that does not prepare, adopt, and submit its urban water management plan or its water shortage contingency plan to the department in accordance with this part, is ineligible to receive funding pursuant to Division 24 (commencing with Section 78500) or Division 26 (commencing with Section 79000), or receive drought assistance from the state until the urban water management plan or water shortage contingency plan is submitted pursuant to this article.SEC. 40.
Section 10814 of the Water Code is amended to read:10814.
“Person”SEC. 41.
Section 10820 of the Water Code is amended to read:10820.
(a)(b)
(c)
SEC. 42.
Section 10826 of the Water Code is amended to read:10826.
An agricultural water management plan shall be adopted in accordance with this chapter. The plan shall do all of the following:(F)Transfers and exchanges.
(G)Other water uses.
(6)Drainage from the water supplier’s service area.
(7)Water accounting, including all of the following:
(A)Quantifying
(B)Tabulating water uses.
(C)Overall water budget.
(8)Water supply reliability.
(c)
(d)
(e)
SEC. 43.
Section 10826.2 is added to the Water Code, to read:10826.2.
As part of its agricultural water management plan, each agricultural water supplier shall develop a drought plan for periods of limited water supply describing the actions of the agricultural water supplier for drought preparedness and management of water supplies and allocations during drought conditions. The drought plan shall contain both of the following:SEC. 44.
Section 10843 of the Water Code is amended to read:10843.
(a) An agricultural water supplier shall submit to the entities identified in subdivision (b) a copy of its plan no later than 30 days after(4)Any urban water supplier within which jurisdiction the agricultural water supplier provides water supplies.
(5)Any city or county library within which jurisdiction the agricultural water supplier provides water supplies.
(6)
(7)