Bill Text: CA AB1271 | 2017-2018 | Regular Session | Amended

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Bill Title: Dams and reservoirs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1271 Detail]

Download: California-2017-AB1271-Amended.html

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Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1271

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Introduced by Assembly Member Gallagher

February 17, 2017

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An act to amend Section 10632 Sections 6081 and 6308 of the Water Code, relating to water. water, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

AB 1271, as amended, Gallagher. Urban water management plans. Dams and reservoirs.

Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law requires the department, in determining whether or not a dam or reservoir or proposed dam or reservoir constitutes or would constitute a danger to life or property, to take into consideration the possibility that the dam or reservoir might be endangered by conditions that exist or that might occur in any area in the vicinity of the dam or reservoir. Under existing law, whenever the department deems that a condition endangers a dam or reservoir, the department is required to order the owner to take action as the department determines to be necessary to remove the resultant danger to life and property.

This bill would require the department, as soon as possible, to order the owner to take action.

Existing law establishes the Dam Safety Fund and requires all fees, penalties, interest, fines, or charges collected by the department under provisions relating to the supervision of dam safety to be deposited into the fund. Existing law provides that the moneys in the fund are available to the department, upon appropriation by the Legislature, for the administration of the dam safety program.

This bill would continuously appropriate the moneys in the fund to the department for that purpose.

Existing law requires an urban water supplier, as defined, to prepare and adopt an urban water management plan for submission to the Department of Water Resources, and requires that the plan provide an urban water shortage contingency analysis, as specified.

This bill would make nonsubstantive changes in those provisions.

Digest Key

Vote: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 6081 of the Water Code is amended to read:

6081.

 In determining whether or not a dam or reservoir or proposed dam or reservoir constitutes or would constitute a danger to life or property, the department shall take into consideration the possibility that the dam or reservoir might be endangered by seepage, earth movement, or other conditions which that exist or which that might occur in any area in the vicinity of the dam or reservoir. Whenever the department deems that any such a condition endangers a dam or reservoir, as soon as possible it shall order the owner to take such action as the department determines to be necessary to remove the resultant danger to life and property.

SEC. 2.

 Section 6308 of the Water Code is amended to read:

6308.

 All fees, penalties, interest, fines, or charges collected by the department under this division shall be deposited in the Dam Safety Fund, which is hereby established in the State Treasury. The money Notwithstanding Section 13340 of the Government Code, the moneys in that fund shall be available are continuously appropriated to the department, upon appropriation by the Legislature, without regard to fiscal years, for the administration of the dam safety program.

SECTION 1.Section 10632 of the Water Code is amended to read:

10632.

(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 that are 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 that are 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)For the purpose 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.