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AB-1668 Water conservation.(2017-2018)

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Date Published: 07/12/2017 09:00 PM
AB1668:v96#DOCUMENT

Amended  IN  Senate  July 12, 2017
Amended  IN  Senate  July 03, 2017
Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1668


Introduced by Assembly Member Friedman
(Coauthors: Senators Allen and Wiener)

February 17, 2017


An act to amend Sections 350, 10610.2, 10610.4, 10620, 10621, 10630, 10631, 10631.2, 10635, 10640, 10641, 10642, 10644, 10645, 10650, 10651, 10653, 10654, 10656, and 10814 of, to amend and renumber Sections 10612 and 10617 of, to add Sections 10612, 10617, 10617.5, 10632.1, 10632.2, 10632.3, 10643.5, and 10657 to, to add Part 2.65 (commencing with Section 10670) to Division 6 of, to repeal Section 10631.7 of, and to repeal and add Section 10632 of, the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 1668, as amended, Friedman. Water management planning. conservation.
Existing law requires the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020. Existing law requires agricultural water suppliers to prepare and adopt agricultural water management plans with specified components on or before December 31, 2012, and to update those plans on or before December 31, 2015, and on or before December 31 every 5 years thereafter. Existing law sets forth various findings and declarations related to water conservation.
This bill would state the intent of the Legislature to enact legislation necessary to help make water conservation a California way of life.

(1)Existing law, the Urban Water Management Planning Act, requires every public and private urban water supplier that directly or indirectly provides 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 to prepare and adopt an urban water management plan and to update its plan once every 5 years on or before December 31 in years ending in 5 and zero, except as specified.

This bill would require an urban water management plan to be updated on or before July 1, in years ending in 6 and one, incorporating updated and new information from the 5 years preceding the plan update.

(2)Existing law requires an urban water management plan, among other things, to describe the reliability of the water supply and vulnerability to seasonal or climatic shortage, to the extent practicable, and provide data for an average, single-dry, and multiple-dry water years.

This bill would require an urban water management plan to contain a drought risk assessment that examines water shortage risks for a drought lasting the next 5 or more consecutive years and, if an urban water supplier finds that a shorter multiple dry year period would more severely impact its water supplies, would also require the shorter period to be used. The bill would require the Department of Water Resources, by July 1, 2018, to establish guidelines for the development of small water supplier and rural community water shortage management plans. The bill would require the department to define the roles and responsibilities of the appropriate rural county agency in developing the water shortage management plans and outline the components required in the water shortage management plans in the guidelines. The bill would require the department to create a decisionmaking support tool that includes certain information relating to domestic wells, state small water systems, and small public water systems. The bill would require the department to make the tool available to local agencies for drought planning and other planning purposes. By imposing new duties on counties, this bill would impose a state-mandated local program.

(3)Existing law requires that an urban water management plan provide an urban water shortage contingency analysis, that includes, among other things, an estimate of the minimum water supply available during each of the following 3 water years based on the driest 3-year historic sequence for the agency’s water supply.

This bill would require an urban water supplier to prepare, adopt, and periodically review a water shortage contingency plan, as prescribed, and as part of its urban water management plan. The bill would require a water shortage contingency plan to consist of certain elements that are within the authority of the urban water supplier, including, among other things, annual water supply and demand assessment procedures, standard water shortage levels, shortage response actions, and communication protocols and procedures. The bill would require an urban water supplier to make the water shortage contingency plan available to its customers and any city or county within which it provides water supplies no later than 30 days after adoption. The bill would require an urban water supplier to conduct an annual water supply and demand assessment and 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 by June 1 of each year. The bill would require an urban water supplier to follow the procedures and implement determined shortage response actions in its water shortage contingency plan or reasonable alternative actions provided that descriptions of the alternative actions are submitted with the annual water shortage assessments. The bill would authorize the department to update a certain guidebook, as specified.

(4)Existing law requires an urban water supplier to submit copies of its urban water management plan and copies of amendments or changes to the plan to certain entities, including the Department of Water Resources, as prescribed. Existing law makes an urban water supplier that does not prepare, adopt, and submit its urban water management plan to the department as prescribed ineligible to receive certain funding.

This bill would extend these provisions to apply to a water shortage contingency plan. The bill would require an urban water supplier regulated by the Public Utilities Commission to include its most recent urban water management plan and water shortage contingency plan as part of its general rate case filings.

(5)Existing law requires the department to prepare and submit to the Legislature, on or before December 31, in the years ending in 6 and 1, a report summarizing the status of plans adopted pursuant to the act and to provide a copy of the report to each urban water supplier that has submitted its plan to the department.

This bill would instead require the department to prepare and submit the report about plans adopted pursuant to the act to the Legislature on or before July 1, in the years ending in 7 and 2. The bill would require the department to prepare and submit to the State Water Resources Control Board, on or before July 1 of each year, a report summarizing the submitted water supply and demand assessment results along with appropriate reported water shortage conditions developed by the department and information regarding various shortage response actions implemented as a result of water supply and demand assessments, as prescribed.

The bill would also require an urban water management plan and water shortage contingency plan submitted to the department on or after January 1, 2020, to be reviewed by the department for completeness, internal consistency, and conformity to specified requirements.

(6)Existing law requires any actions or proceedings to attack, review, set aside, void, or annul the acts or decisions of an urban water supplier on the grounds of noncompliance with urban water management planning requirements to be commenced in accordance with specified procedures. Existing law requires any action or proceeding alleging that an urban water management plan, or action taken pursuant to the plan, is noncompliant to be commenced within 90 days after filing of the plan or the taking of that action.

This bill would extend these provisions to apply to a water shortage contingency plan. The bill would also require any action or proceeding alleging that an urban water management plan or water shortage contingency plan, or action taken pursuant to either plan, is noncompliant to be commenced within 90 days after filing of the plan or the taking of that action.

(7)Existing law authorizes the governing body of a distributor of a public water supply to declare a water shortage emergency condition to prevail within the area served by the distributor whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.

This bill would instead require the governing body of a distributor of a public water supply to declare a water shortage emergency condition whenever it finds and determines the above-described circumstances exist. The bill would require an urban water supplier to coordinate with any city or county within which it provides water supply services for a possible proclamation of a local emergency.

(8)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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

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


SECTION 1.

 It is the intent of the Legislature to enact legislation necessary to help make water conservation a California way of life.