Bill Text: CA AB2776 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transfers of water: agricultural use to municipal use.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Engrossed - Dead) 2010-08-10 - From committee without further action pursuant to Joint Rule 62(a). [AB2776 Detail]
Download: California-2009-AB2776-Amended.html
Bill Title: Transfers of water: agricultural use to municipal use.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Engrossed - Dead) 2010-08-10 - From committee without further action pursuant to Joint Rule 62(a). [AB2776 Detail]
Download: California-2009-AB2776-Amended.html
BILL NUMBER: AB 2776 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Committee on Water, Parks and Wildlife (Huffman
(Chair), Arambula, Blumenfield, Caballero, Bonnie Lowenthal, Salas,
and Yamada)
( Coauthors: Assembly Members
Tom Berryhill, Fletcher, and Fuller
)
MARCH 1, 2010
An act to amend Sections 10608.20 and 10608.26 of the
Water Code, relating to water conservation. An act to
amend Section 17516 of the Government Code, and to amend Sections
175, 1055.2, 1228.5, 1228.7, 1241, 1241.6, 1410, 1675, 1701.3, 1825,
13261, 13320, 13376, 13442, 13553, 13627, and 13627.4 of, to amend
the headings of Article 1 (commencing with Section 13300) and Article
2 (commencing with Section 13320) of Chapter 5 of Division 7 of, to
amend and renumber Section 13274 of, to add Section 13248 to, and to
repeal Sections 1062 and 1241.5 of, the Water Code, relating to
water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2776, as amended, Committee on Water, Parks and Wildlife.
Water conservation: urban water management.
Water.
(1) Existing law establishes 9 California regional water quality
control boards. Each regional board consists of 9 members who are
appointed by the Governor and who serve 4-year terms.
This bill would extend the terms of 2 board members on each
regional board, as specified, to September 30, 2014.
(2) Existing law requires that, prior to the indoor use of
recycled water in a condominium project, the agency delivering the
recycled water to the condominium project file a report with the
regional board and receive written approval of the report from the
State Department of Public Health.
This bill instead would require the agency to file the report with
the State Department of Public Health.
(3) This bill would update cross-references in, and delete
obsolete provisions of, the Water Code, and make various other
technical or clarifying changes.
Existing law imposes various water use reduction requirements that
apply to urban retail water suppliers and agricultural water
suppliers. The requirements include a requirement that the state
achieve a 20% reduction in urban per capita water use by December 31,
2020. For the purpose of meeting this goal, an urban retail water
supplier is required to develop urban water use targets and an
interim water use target by July 1, 2011, and to take other related
actions. Existing law requires an urban retail water supplier that
supplies water to a United States Department of Defense military
installation, for the purpose of preparing an implementation plan to
comply with these water use reduction provisions, to consider
specified requirements.
Existing law requires an urban water supplier to prepare and
adopt, and update every 5 years, an urban water management plan.
Existing law grants a specified extension to an urban retail water
supplier for the adoption of an urban water management plan that is
due in 2010, to allow use of certain technical methodologies that the
Department of Water Resources is required to develop for purposes of
those water use reduction provisions.
This bill would grant that extension to an urban wholesale water
supplier, as specified. The bill would revise the requirements that
apply to an urban retail water supplier that supplies water to that
described military installation by requiring the supplier to consider
the prior water conservation of that military installation for the
purpose of preparing that implementation plan.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17516 of the
Government Code is amended to read:
17516. "Executive order" means any an
order, plan, requirement, rule, or regulation issued by any of
the following:
(a) The Governor.
(b) Any An officer or official
serving at the pleasure of the Governor.
(c) Any An agency, department,
board, or commission of state government.
"Executive order" does not include any order, plan, requirement,
rule, or regulation issued by the State Water Resources Control Board
or by any regional water quality control board pursuant to Division
7 (commencing with Section 13000) of the Water Code. It is the intent
of the Legislature that the State Water Resources Control Board and
regional water quality control boards will not adopt enforcement
orders against publicly owned dischargers which mandate major waste
water treatment facility construction costs unless federal financial
assistance and state financial assistance pursuant to the Clean Water
Bond Act of 1970 and 1974, is simultaneously made available. "Major"
means either a new treatment facility or an addition to an existing
facility, the cost of which is in excess of 20 percent of the cost of
replacing the facility.
SEC. 2. Section 175 of the Water Code
is amended to read:
175. (a ) There is in the
Resources California Environmental Protection
Agency the State Water Resources Control Board consisting of
five members appointed by the Governor. One of the members appointed
shall be an attorney admitted to practice law in this state who is
qualified in the fields of water supply and water rights, one shall
be a registered civil engineer under the laws of this state who is
qualified in the fields of water supply and water rights, one shall
be a registered professional engineer under the laws of this state
who is experienced in sanitary engineering and who is qualified in
the field of water quality, and one shall be qualified in the field
of water quality. One of the above-appointed persons, in addition to
having the specified qualifications, shall be qualified in the field
of water supply and water quality relating to irrigated agriculture.
One member shall not be required to have specialized experience.
Each
(b) Each member shall represent
the state at large and not any particular portion thereof and shall
serve full time. The board shall, to the extent possible, be composed
of members from different regions of the state. The appointments so
made by the Governor shall be subject to confirmation by the Senate
in accordance with Article 2 (commencing with Section 1770) of
Chapter 4 of Division 4 of Title 1 of the Government Code.
SEC. 3. Section 1055.2 of the Water
Code is amended to read:
1055.2. No A person or entity shall
not be subject to both civil liability imposed under
Section 1055 and civil liability imposed by the superior court under
subdivision (d) of Section 1052 , Section
1536, or Section 1845 for the same act
or failure to act.
SEC. 4. Section 1062 of the Water Code
is repealed.
1062. (a) The Legislature finds and declares as follows:
(1) The watershed of the San Francisco Bay/Sacramento-San Joaquin
Delta Estuary supplies a large percentage of water used in
California.
(2) The State Water Resources Control Board and the California
regional water quality control boards are responsible for protecting
all beneficial uses of those waters. Beneficial uses include those
defined in subdivision (f) of Section 13050.
(3) The board is engaged in a hearing process to consider
revisions to the water quality standards contained in the existing
water quality control plan for the Sacramento-San Joaquin Delta and
Suisun Marsh and to consider new standards for San Francisco Bay.
(4) There is a broad diversity of viewpoints regarding appropriate
water quality standards and priorities with respect to the various
beneficial uses.
(5) Any new or revised standards and plans that derive from the
hearing process will have a substantial impact on the people of
California, and there is significant public interest in these
deliberations.
(b) It is the intent of the Legislature that the hearing process
shall provide for the involvement of all those who wish to
participate in these deliberations. It is further the intent of the
Legislature that members of the general public shall have full access
to the proceedings and to all official records of the hearings.
(c) The board shall lodge one copy of the transcripts of the
hearings referred to in subdivision (a) for inspection and use by the
general public at the following locations: the headquarters of the
State Water Resources Control Board in Sacramento; the headquarters
of the regional water quality control boards in Los Angeles, Fresno,
and San Diego; and the headquarters of the Environmental Protection
Agency in San Francisco. The transcripts shall be updated on a timely
basis throughout the course of the board's bay-delta hearing
process. At the conclusion of the hearing process, one transcript
shall be maintained at the headquarters of the board in Sacramento.
(d) The board shall provide for staff services at the headquarters
of the board in Sacramento and at the headquarters at each of the
regional water quality control boards listed in subdivision (c) to
assist the public in utilizing the transcripts and other documents
and to facilitate participation by interested parties in the hearing
process.
(e) During the course of the board's bay-delta hearing process,
the board shall provide for public access to an electronic data
retrieval system capable of displaying the text of the hearing
transcript at the following locations: the headquarters of the board
in Sacramento; the headquarters of the regional water quality control
boards in Oakland, Los Angeles, Fresno, Redding, Riverside, and San
Diego; and the headquarters of the Environmental Protection Agency in
San Francisco.
SEC. 5. Section 1228.5 of the Water
Code is amended to read:
1228.5. (a) Registration of a small domestic or livestock
stockpond use pursuant to this article shall be renewed prior to the
expiration of each five-year period following completed registration.
(b) Renewal of registration shall be made upon a form prescribed
by the board and shall contain such a
report of water use made pursuant to the registration as may be
required by the board.
(c) The conditions established by the board pursuant to Section
1228.6 which that are in effect at the
time of renewal of registration shall supersede the conditions
which that were applicable to the
original completed registration.
(d) Failure to renew registration in substantial compliance with
the reporting requirements prescribed by the board within the time
period specified in subdivision (a), or to pay the renewal fee
specified in subdivision (b) of Section 1228.8
Section 1525 , shall result by operation of law in the
revocation of any right acquired pursuant to this article.
SEC. 6. Section 1228.7 of the
Water Code is amended to read:
1228.7. (a) Any A registrant may
change the point of diversion or place of use by delivering to the
board an amended registration form in accordance with Section 1228.3,
including payment of the registration fee specified in
subdivision (a) of Section 1228.8 Section 1525 ,
except that the purpose of the use may shall
not be changed and the change may
shall not operate to the injury of any legal user of the water
involved.
(b) Any A completed amended
registration of water use continues in effect the priority of right
as of the date of the original completed registration.
(c) All provisions of this article regarding appropriations made
pursuant thereto, including, but not limited to, provisions regarding
enforcement, are applicable to the appropriation as described in the
completed amended registration, except that the conditions
established by the board pursuant to Section 1228.6 which
that are in effect at the time of completion of
the amended registration shall supersede the conditions
which that were applicable to the original
completed registration.
SEC. 7. Section 1241 of the Water Code
is amended to read:
1241. When the person entitled to the use of water fails to use
beneficially all or any part of the water claimed by him or her
, for which a right of use has vested, for the purpose for
which it was appropriated or adjudicated, for a period of five years,
such that unused water may revert to
the public and shall, if reverted, be regarded as unappropriated
public water. Such That reversion shall
occur upon a finding by the board following notice to the permittee
, licensee, or person holding a livestock stockpond certificate
or small domestic or livestock stockpond use registration under this
part and a public hearing if requested by the permittee ,
licensee, or certificate or registration holder .
SEC. 8. Section 1241.5 of the Water
Code is repealed.
1241.5. The laws of this State with respect to loss of water
rights by nonuse, abandonment, prescription, and lack of diligence
shall not apply to water rights appurtenant to or for use on any
trust land for the period of five years following the conveyance by
the United States of an unrestricted title to the land and the water
rights appurtenant to or for use on such land.
As used in this section, "trust land" means any land in this State
(a) to which the United States holds title in trust for any tribe,
band, or other group of Indians, or for any particular Indian; or (b)
owned by a particular Indian or any tribe, band, or group of Indians
subject to a restriction against alienation imposed by the United
States; or (c) held by the United States for the use of Indians in
California, but not for any particular tribe, band, or group of
Indians, or any particular Indian, if any part of such land is
occupied by Indians or their families.
The Legislature hereby finds and declares that because of
historical conditions, the Indians of California will not be in a
position fully to utilize and to protect water rights owned by them
when unrestricted title to trust land is conveyed to them by the
United States. A period is required during which the laws with
respect to loss of water rights by nonuse, abandonment, prescription,
and lack of diligence are suspended with regard to such land and
water rights so that they will not lose the benefit of the water
rights and the opportunity to make productive utilization of their
land. The Legislature further finds and declares that such a
suspension of the laws of this State with regard to such water rights
is in the public interest and will promote the public welfare since
it will promote the economic and social well-being of the Indians and
the communities in which they reside and will encourage the
self-sufficiency of the Indians.
This section shall become operative upon the enactment of federal
legislation authorizing the establishment of a California Indian
Water Affairs Commission.
SEC. 9. Section 1241.6 of the Water
Code is amended to read:
1241.6. When water appropriated for irrigation purposes is not
used by reason of compliance with crop control or soil conservation
contracts with the United States, and in other cases of hardship as
the board may by rule prescribe, the three-year
five-year forfeiture period applicable to water
appropriated pursuant to the Water Commission Act or this code, and
the forfeiture period applicable to water appropriated prior to
December 19, 1914, shall be extended by an additional period of not
more than 10 years or the duration of any crop control or soil
conservation contracts with the United States if less than 10 years.
SEC. 10. Section 1410 of the Water Code
is amended to read:
1410. (a) There shall be cause for revocation of a permit if the
work is not commenced, prosecuted with due diligence, and completed
or the water applied to beneficial use as contemplated in the permit
and in accordance with this division and the rules and regulations of
the board.
(b) A permit may be revoked upon request of the permittee or
under either of the following procedures:
(1) If, after a hearing on a petition for extension of time to
complete a project and apply water to beneficial use, the board finds
that cause exists to revoke the permit, the board may revoke the
permit.
(2) If, after an investigation other than a hearing on a petition
for extension of time, it appears that cause exists to revoke a
permit, the board shall give notice of proposed revocation in
writing, mailed in a sealed, prepaid postage and certified letter to
the permittee at his or her last known address. If the permittee
fails to request a hearing with the time provided under Section
1410.1, the board shall revoke the permit and declare the water
subject to appropriation. After a hearing, when a hearing is
requested by the permittee pursuant to Section 1410.1, the board may,
upon a finding that cause exists, revoke the permit and declare the
water subject to appropriation.
SEC. 11. Section 1675 of the Water Code
is amended to read:
1675. (a) If , at any time after
a license is issued, the board finds that the licensee has not put
the water granted under the license to a useful or beneficial purpose
in conformity with this division or that the licensee has ceased to
put the water to such that useful or
beneficial purpose, or that the licensee has failed to observe any of
the terms and conditions in the license, the board , after
due notice to the licensee and after a hearing, when a hearing is
requested by the licensee pursuant to Section 1675.1, may
revoke the license and declare the water to be subject to
appropriation in accordance with this part. As
(b) The board may revoke the license upon request of the licensee
or after due notice to the licensee and after a hearing, when a
hearing is requested by the licensee pursuant to Section 1675.1.
(c) As used in this section
"licensee" includes the heirs, successors, or assigns of the
licensee.
SEC. 12. Section 1701.3 of the Water
Code is amended to read:
1701.3. (a) After a petition is filed, the board may request
additional information reasonably necessary to clarify, amplify,
correct, or otherwise supplement the information required to be
submitted under this article chapter .
The board shall provide a reasonable period for submitting the
information.
(b) The additional information may include, but need not be
limited to, any of the following:
(1) Information needed to demonstrate that the change will not
injure any other legal user of water.
(2) Information needed to demonstrate that the change will comply
with any applicable requirements of the Fish and Game Code or the
federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).
(3) Information needed to comply with Division 13 (commencing with
Section 21000) of the Public Resources Code.
SEC. 13. Section 1825 of the Water Code
is amended to read:
1825. It is the intent of the Legislature that the state should
take vigorous action to enforce the terms and conditions of permits
, licenses, certifications, and registrations to
appropriate water, to enforce state board orders and decisions, and
to prevent the unlawful diversion of water.
SEC. 14. Section 13248 is added to the
Water Code , to read:
13248. (a) At any time, the state board may, on its own motion,
review the regional board's action or failure to act under this
article.
(b) The state board may find that the action of the regional
board, or the failure of the regional board to act, was appropriate
and proper. Upon finding that the action of the regional board, or
the failure of the regional board to act, was inappropriate or
improper, the state board may direct that appropriate action be taken
by the regional board, refer the matter to another state agency
having jurisdiction, take appropriate action itself, or take any
combination of those actions. In taking any action, the state board
is vested with all the powers of the regional boards under this
division.
SEC. 15. Section 13261 of the Water
Code is amended to read:
13261. (a) Any person failing A person
who fails to furnish a report or pay a fee under Section 13260
when so requested by a regional board is guilty of a misdemeanor and
may be liable civilly in accordance with subdivision (b).
(b) (1) Civil liability may be administratively imposed by a
regional board or the state board in accordance with Article 2.5
(commencing with Section 13323) of Chapter 5 for a violation of
subdivision (a) in an amount that may not exceed
not exceeding one thousand dollars ($1,000) for each day
in which the violation occurs. For purposes of this section
only, the state board shall have the same authority and shall follow
the same procedures as set forth in Article 2.5 (commencing with
Section 13323) of Chapter 5, except that the executive director shall
issue the complaint with review by the state board. Civil
liability may shall not be imposed by
the regional board pursuant to this section if the state board has
imposed liability against the same person for the same violation.
(2) Civil liability may be imposed by the superior court in
accordance with Article 5 (commencing with Section 13350) and Article
6 (commencing with Section 13360) of Chapter 5 for a violation of
subdivision (a) in an amount that may not exceed
not exceeding five thousand dollars ($5,000) for each day
the violation occurs.
(c) Any person discharging or proposing A
person who discharges or proposes to discharge hazardous waste,
as defined in Section 25117 of the Health and Safety Code, who
knowingly furnishes a false report under Section 13260, or who either
willfully fails to furnish a report or willfully withholds material
information under Section 13260 despite actual knowledge of that
requirement, may be liable in accordance with subdivision (d) and is
guilty of a misdemeanor.
This subdivision does not apply to any waste discharge that is
subject to Chapter 5.5 (commencing with Section 13370).
(d) (1) Civil liability may be administratively imposed by a
regional board in accordance with Article 2.5 (commencing with
Section 13323) of Chapter 5 for a violation of subdivision (c) in an
amount that may not exceed not exceeding
five thousand dollars ($5,000) for each day the violation
occurs.
(2) Civil liability may be imposed by the superior court in
accordance with Article 5 (commencing with Section 13350) and Article
6 (commencing with Section 13360) of Chapter 5 for a violation of
subdivision (c) in an amount that may not exceed
not exceeding twenty-five thousand dollars ($25,000).
SEC. 16. Section 13274 of the Water
Code , as added by Section 13 of Chapter 814 of the
Statutes of 1997, is amended and renumbered to read:
13274. 13275. (a) Notwithstanding
any other provision of law, any
a public water system regulated by the State Department
of Health Services Public Health shall
have the same legal rights and remedies against a responsible party,
when the water supply used by that public water system is
contaminated, as those of a private land owner whose groundwater has
been contaminated.
(b) For purposes of this section, "responsible party" has the same
meaning as defined in Section 25323.5 of the Health and Safety Code.
SEC. 17. The heading of Article 1 (commencing with
Section 13300) of Chapter 5 of Division 7 of the Water
Code is amended to read:
Article 1. Administrative Enforcement and Remedies by
Regional Boards
SEC. 18. The heading of Article 2 (commencing with
Section 13320) of Chapter 5 of Division 7 of the Water
Code is amended to read:
Article 2. Administrative Enforcement and Remedies
Review by the State Board
SEC. 19. Section 13320 of the Water
Code is amended to read:
13320. (a) Within 30 days of any action or failure to act by a
regional board under subdivision (c) of Section 13225, Article 4
(commencing with Section 13260) of Chapter 4, Chapter 5 (commencing
with Section 13300), Chapter 5.5 (commencing with Section 13370),
Chapter 5.9 (commencing with Section 13399.25), or Chapter 7
(commencing with Section 13500), any an
aggrieved person may petition the state board to review that action
or failure to act. In case of a failure to act, the 30-day period
shall commence upon the refusal of the regional board to act, or 60
days after request has been made to the regional board to act. The
state board may, on its own motion, at any time, review the regional
board's action or failure to act and also any failure to act
under Article 3 (commencing with Section 13240) of Chapter 4
.
(b) The evidence before the state board shall consist of the
record before the regional board, and any other relevant evidence
which, in the judgment of the state board, should be considered to
effectuate and implement the policies of this division.
(c) The state board may find that the action of the regional
board, or the failure of the regional board to act, was appropriate
and proper. Upon finding that the action of the regional board, or
the failure of the regional board to act, was inappropriate or
improper, the state board may direct that the appropriate action be
taken by the regional board, refer the matter to any other
another state agency having jurisdiction, take
the appropriate action itself, or take any combination of those
actions. In taking any such action, the state
board is vested with all the powers of the regional boards under this
division.
(d) If a waste discharge in one region affects the waters in
another region and there is any disagreement between the regional
boards involved as to the requirements which
that should be established, either regional board may submit
the disagreement to the state board which
that shall determine the applicable requirements.
(e) If a petition for state board review of a regional board
action on waste discharge requirements includes a request for a stay
of the waste discharge requirements, the state board shall act on the
requested stay portion of the petition within 60 days of accepting
the petition. The board may order any stay to be in effect from the
effective date of the waste discharge requirements.
SEC. 20. Section 13376 of the Water
Code is amended to read:
13376. Any person discharging A person
who discharges pollutants or proposing
proposes to discharge pollutants to the navigable waters of the
United States within the jurisdiction of this state or any
person discharging a person who discharges
dredged or fill material or proposing
proposes to discharge dredged or fill material into the
navigable waters of the United States within the jurisdiction of this
state shall file a report of the discharge in compliance with the
procedures set forth in Section 13260 , except that no
report need . Unless required by the state board or a
regional board, a report need not be filed under this section
for discharges that are not subject to the permit application
requirements of the Federal Water Pollution Control Act, as amended.
Any person proposing A person who proposes
to discharge pollutants or dredged or fill material or
proposing to operate a publicly owned treatment works or
other treatment works treating domestic sewage shall file a report at
least 180 days in advance of the date on which it is desired to
commence the discharge of pollutants or dredged or fill material or
the operation of the treatment works. Any A
person who owns or operates a publicly owned treatment works or
other treatment works treating domestic sewage, which treatment
works commenced operation before January 1, 1988, and does not
discharge to navigable waters of the United States, shall file a
report within 45 days of a written request by a regional board or the
state board, or within 45 days after the state has an approved
permit program for the use and disposal of sewage sludge, whichever
occurs earlier. The discharge of pollutants or dredged or fill
material or the operation of a publicly owned treatment works or
other treatment works treating domestic sewage by any person except
as authorized by waste discharge requirements or dredged or fill
material permits is prohibited , except that no waste
discharge requirements or permit is required under this chapter if no
. This prohibition does not apply to discharges or
operations for which a state or federal permit is
not required under the Federal Water Pollution Control
Act, as amended.
SEC. 21. Section 13442 of the Water
Code is amended to read:
13442. Upon application by a public agency with authority to
clean up a waste or abate the effects thereof, the state board may
order moneys to be paid from
the account to the agency to assist it in cleaning up the waste or
abating its effects on waters of the state. The agency shall not
become liable to the state board for repayment of such
those moneys, but this shall not be any
a defense to an action brought pursuant to
subdivision (b) (c) of Section 13304
for the recovery of moneys paid hereunder
under this section .
SEC. 22. Section 13553 of the Water
Code is amended to read:
13553. (a) The Legislature hereby finds and declares that the use
of potable domestic water for toilet and urinal flushing in
structures is a waste or an unreasonable use of water within the
meaning of Section 2 of Article X of the California Constitution if
recycled water, for these uses, is available to the user and meets
the requirements set forth in Section 13550, as determined by the
state board after notice and a hearing.
(b) The state board may require a public agency or person subject
to this section to furnish any information that may be relevant to
making the determination required in subdivision (a).
(c) For the purposes of this section and
Section 13554, "structure" or "structures" means commercial, retail,
and office buildings, theaters, auditoriums, condominium projects,
schools, hotels, apartments, barracks, dormitories, jails, prisons,
and reformatories, and other structures as determined by the State
Department of Public Health.
(d) Recycled water may be used in condominium projects, as defined
in Section 1351 of the Civil Code, subject to all of the following
conditions:
(1) Prior to the indoor use of recycled water in any condominium
project, the agency delivering the recycled water to the condominium
project shall file a report with the appropriate regional
water quality control board , and receive
written approval of the report from , the State Department
of Public Health. The report shall be consistent with the provisions
of Title 22 of the California Code of Regulations generally
applicable to dual-plumbed structures and shall include all the
following:
(A) That potable water service to each condominium project will be
provided with a backflow protection device approved by the State
Department of Public Health to protect the agency's public water
system, as defined in Section 116275 of the Health and Safety Code.
The backflow protection device approved by the State Department of
Public Health shall be inspected and tested annually by a person
certified in the inspection of backflow prevention devices.
(B) That any plumbing modifications in the condominium unit or any
physical alteration of the structure will be done in compliance with
state and local plumbing codes.
(C) That each condominium project will be tested by the recycled
water agency or the responsible local agency at least once every four
years to ensure that there are no indications of a possible cross
connection between the condominium's potable and nonpotable systems.
(D) That recycled water lines will be color coded consistent with
current statutes and regulations.
(2) The recycled water agency or the responsible local agency
shall maintain records of all tests and annual inspections conducted.
(3) The condominium's declaration, as defined in Section 1351 of
the Civil Code, shall provide that the laws and regulations governing
recycled water apply, shall permit no exceptions to those laws and
regulations, shall incorporate the report described in paragraph (1),
and shall contain the following statement:
"NOTICE OF USE OF RECYCLED WATER
This property is approved by the State Department of Public Health
for the use of recycled water for toilet and urinal flushing. This
water is not potable, is not suitable for indoor purposes other than
toilet and urinal flushing purposes, and requires dual plumbing.
Alterations and modifications to the plumbing system require a permit
and are prohibited without first consulting with the appropriate
local building code enforcement agency and your property management
company or homeowners' association to ensure that the recycled water
is not mixed with the drinking water."
(e) The State Department of Public Health may adopt regulations as
necessary to assist in the implementation of this section.
(f) This section shall only apply to condominium projects that are
created, within the meaning of Section 1352 of the Civil Code, on or
after January 1, 2008.
(g) Nothing in this section or Section 13554 applies to a pilot
program adopted pursuant to Section 13553.1.
SEC. 23. Section 13627 of the Water
Code is amended to read:
13627. (a) Supervisors and operators of those wastewater
treatment plants described in paragraph (1) and
or (2) of subdivision (b) of Section 13625 shall possess a
certificate of appropriate grade. Subject to the approval of
regulations by the state board, supervisors and operators of those
wastewater treatment plants described in paragraph (3) of subdivision
(b) of Section 13625 shall possess certificates of the appropriate
grade. All certificates shall be issued in accordance with, and to
the extent recommended by the advisory committee and required by,
regulations adopted by the state board. The state board shall develop
and specify in its regulations the training necessary to qualify a
supervisor or operator for certification for each type and class of
plant. The state board may accept experience in lieu of qualification
training. For supervisors and operators of water recycling treatment
plants, the state board may approve use of a water treatment plant
operator of appropriate grade certified by the State Department of
Health Services Public Health pursuant
to Article 3 (commencing with Section 106875) of Chapter 4 of Part 1
of Division 104 of the Health and Safety Code in lieu of a wastewater
treatment plant operator certified by the state board, provided that
the state board may refuse to approve use of an operator certified
by the department or may suspend or revoke its approval of the use of
an operator certified by the department if the operator commits any
of the prohibited acts described in Article 7 (commencing with
Section 3710) of Chapter 26 of Division 3 of Title 23 of the
California Code of Regulations.
(b) The regional water quality control board, with jurisdiction
for issuing and ensuring compliance with applicable water reclamation
or waste discharge requirements, shall notify the department in
writing if, pursuant to an inspection conducted under Section 13267,
the regional board makes a determination that there is
are reasonable grounds for not issuing, or for
suspending or revoking, the certificate of a certified water
treatment plant operator who is operating or supervising the
operation of a water recycling treatment plant. The department shall
make its determination regarding the issuance, suspension, or
revocation of a certificate in accordance with Section 106876 of the
Health and Safety Code.
(c) For purposes of this section, "water recycling treatment plant"
means a treatment plant that receives and further treats secondary
or tertiary effluent, or both, from a wastewater treatment plant.
(d) A person employed as a wastewater treatment plant supervisor
or operator on the effective date of regulations adopted pursuant to
this chapter shall be issued an appropriate certificate if the person
meets the training, education, and experience requirements
prescribed by regulations.
(e) The state board may refuse to grant, suspend, or revoke any
certificate issued by the state board to operate a wastewater
treatment plant, or may place on probation, or reprimand, the
certificate holder upon any reasonable ground, including, but not
limited to, all of the following reasons:
(1) Submitting false or misleading information on an application
for a certificate.
(2) The employment of fraud or deception in the course of
operating the wastewater treatment plant.
(3) A certificate holder's failure to use reasonable care or
judgment in the operation of the plant.
(4) A certificate holder's inability to perform operating duties
properly.
(5) Willfully or negligently violating, or causing, or allowing
the violation of, waste discharge requirements or permits issued
pursuant to the Federal Water Pollution Control Act (33 U.S.C. Sec.
1251 et seq.).
(f) The state board shall conduct all proceedings for the refusal
to grant a certificate, and suspension or revocation of a
certificate, pursuant to subdivision (c) (e)
, in accordance with the rules adopted pursuant to Section 185.
SEC. 24. Section 13627.4 of the Water
Code is amended to read:
13627.4. (a) The state board may administratively impose the
civil liability described in Section 13627.1, 13627.2, or
13627.3 may be administratively imposed in
accordance with Article 2.5 (commencing with Section 13323) of
Chapter 5 , except that the executive director shall issue
the complaint with review by the state board .
(b) A remedy under this chapter is in addition to, and does not
supersede or limit, any other remedy, civil or criminal, except that
no liability is not recoverable against
an operator under subdivision (c) of Section 13627.1 for a violation
for which liability is recovered against the operator under Section
13350 or 13385.
SEC. 25. Pursuant to Section 13201 of the Water
Code, the Governor appoints, and the Legislature confirms, members to
the California regional water quality control boards. These members
serve staggered four-year terms in conformance with Section 13202 of
the Water Code and the legislation establishing the various positions
on the California regional water quality control boards. As a result
of the enactment of Chapter 1299 of the Statutes of 1959, two of the
positions on each California regional water quality control board
have an expiration date of September 17, 2014. The other positions on
each California regional water quality control board have a
September 30 expiration date in the various years in which they
expire. For consistency and efficiency, the Legislature hereby
extends to September 30, 2014, the terms of the two positions on each
California regional water quality control board that would otherwise
expire on September 17, 2014.
SECTION 1. 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.
(2) It is the intent of the Legislature that the urban water use
targets described in paragraph (1) cumulatively result in a
20-percent reduction from the baseline daily per capita water use by
December 31, 2020.
(b) An urban retail water supplier shall adopt one of the
following methods for determining its urban water use target pursuant
to subdivision (a):
(1) Eighty percent of the urban retail water supplier's baseline
per capita daily water use.
(2) The per capita daily water use that is estimated using the sum
of the following performance standards:
(A) For indoor residential water use, 55 gallons per capita daily
water use as a provisional standard. Upon completion of the
department's 2016 report to the Legislature pursuant to Section
10608.42, this standard may be adjusted by the Legislature by
statute.
(B) For landscape irrigated through dedicated or residential
meters or connections, water efficiency equivalent to the standards
of the Model Water Efficient Landscape Ordinance set forth in Chapter
2.7 (commencing with Section 490) of Division 2 of Title 23 of the
California Code of Regulations, as in effect the later of the year of
the landscape's installation or 1992. An urban retail water supplier
using the approach specified in this subparagraph shall use
satellite imagery, site visits, or other best available technology to
develop an accurate estimate of landscaped areas.
(C) For commercial, industrial, and institutional uses, a
10-percent reduction in water use from the baseline commercial,
industrial, and institutional water use by 2020.
(3) Ninety-five percent of the applicable state hydrologic region
target, as set forth in the state's draft 20x2020 Water Conservation
Plan (dated April 30, 2009). If the service area of an urban water
supplier includes more than one hydrologic region, the supplier shall
apportion its service area to each region based on population or
area.
(4) A method that shall be identified and developed by the
department, through a public process, and reported to the Legislature
no later than December 31, 2010. The method developed by the
department shall identify per capita targets that cumulatively result
in a statewide 20-percent reduction in urban daily per capita water
use by December 31, 2020. In developing urban daily per capita water
use targets, the department shall do all of the following:
(A) Consider climatic differences within the state.
(B) Consider population density differences within the state.
(C) Provide flexibility to communities and regions in meeting the
targets.
(D) Consider different levels of per capita water use according to
plant water needs in different regions.
(E) Consider different levels of commercial, industrial, and
institutional water use in different regions of the state.
(F) Avoid placing an undue hardship on communities that have
implemented conservation measures or taken actions to keep per capita
water use low.
(c) If the department adopts a regulation pursuant to paragraph
(4) of subdivision (b) that results in a requirement that an urban
retail water supplier achieve a reduction in daily per capita water
use that is greater than 20 percent by December 31, 2020, an urban
retail water supplier that adopted the method described in paragraph
(4) of subdivision (b) may limit its urban water use target to a
reduction of not more than 20 percent by December 31, 2020, by
adopting the method described in paragraph (1) of subdivision (b).
(d) The department shall update the method described in paragraph
(4) of subdivision (b) and report to the Legislature by December 31,
2014. An urban retail water supplier that adopted the method
described in paragraph (4) of subdivision (b) may adopt a new urban
daily per capita water use target pursuant to this updated method.
(e) An urban retail water supplier shall include in its urban
water management plan required pursuant to Part 2.6 (commencing with
Section 10610) due in 2010 the baseline daily per capita water use,
urban water use target, interim urban water use target, and
compliance daily per capita water use, along with the bases for
determining those estimates, including references to supporting data.
(f) When calculating per capita values for the purposes of this
chapter, an urban retail water supplier shall determine population
using federal, state, and local population reports and projections.
(g) An urban retail water supplier may update its 2020 urban water
use target in its 2015 urban water management plan required pursuant
to Part 2.6 (commencing with Section 10610).
(h) (1) The department, through a public process and in
consultation with the California Urban Water Conservation Council,
shall develop technical methodologies and criteria for the consistent
implementation of this part, including, but not limited to, both of
the following:
(A) Methodologies for calculating base daily per capita water use,
baseline commercial, industrial, and institutional water use,
compliance daily per capita water use, gross water use, service area
population, indoor residential water use, and landscaped area water
use.
(B) Criteria for adjustments pursuant to subdivisions (d) and (e)
of Section 10608.24.
(2) The department shall post the methodologies and criteria
developed pursuant to this subdivision on its Internet Web site, and
make written copies available, by October 1, 2010. An urban retail
water supplier shall use the methods developed by the department in
compliance with this part.
(i) (1) The department shall adopt regulations for implementation
of the provisions relating to process water in accordance with
subdivision (l) of Section 10608.12, subdivision (e) of Section
10608.24, and subdivision (d) of Section 10608.26.
(2) The initial adoption of a regulation authorized by this
subdivision is deemed to address an emergency, for purposes of
Sections 11346.1 and 11349.6 of the Government Code, and the
department is hereby exempted for that purpose from the requirements
of subdivision (b) of Section 11346.1 of the Government Code. After
the initial adoption of an emergency regulation pursuant to this
subdivision, the department shall not request approval from the
Office of Administrative Law to readopt the regulation as an
emergency regulation pursuant to Section 11346.1 of the Government
Code.
(j) (1) An urban retail water supplier is granted an extension to
July 1, 2011, for adoption of an urban water management plan pursuant
to Part 2.6 (commencing with Section 10610) due in 2010 to allow the
use of technical methodologies developed by the department pursuant
to paragraph (4) of subdivision (b) and subdivision (h). An urban
retail water supplier that adopts an urban water management plan due
in 2010 that does not use the methodologies developed by the
department pursuant to subdivision (h) shall amend the plan by July
1, 2011, to comply with this part.
(2) An urban wholesale water supplier whose urban water management
plan prepared pursuant to Part 2.6 (commencing with Section 10610)
was due and not submitted in 2010 is granted an extension to July 1,
2011, to allow the use of technical methodologies referenced in
paragraph (1).
SEC. 2. Section 10608.26 of the Water Code is
amended to read:
10608.26. (a) In complying with this part, an urban retail water
supplier shall conduct at least one public hearing to accomplish all
of the following:
(1) Allow community input regarding the urban retail water
supplier's implementation plan for complying with this part.
(2) Consider the economic impacts of the urban retail water
supplier's implementation plan for complying with this part.
(3) Adopt a method, pursuant to subdivision (b) of Section
10608.20, for determining its urban water use target.
(b) In complying with this part, an urban retail water supplier
may meet its urban water use target through efficiency improvements
in any combination among its customer sectors. An urban retail water
supplier shall avoid placing a disproportionate burden on any
customer sector.
(c) For an urban retail water supplier that supplies water to a
United States Department of Defense military installation, the urban
retail water supplier's implementation plan for complying with this
part shall consider the prior water conservation of that military
installation under federal Executive Order 13514 and any subsequent
presidential executive order governing water conservation by federal
agencies.
(d) (1) Any ordinance or resolution adopted by an urban retail
water supplier after the effective date of this section shall not
require existing customers as of the effective date of this section,
to undertake changes in product formulation, operations, or equipment
that would reduce process water use, but may provide technical
assistance and financial incentives to those customers to implement
efficiency measures for process water. This section shall not limit
an ordinance or resolution adopted pursuant to a declaration of
drought emergency by an urban retail water supplier.
(2) This part shall not be construed or enforced so as to
interfere with the requirements of Chapter 4 (commencing with Section
113980) to Chapter 13 (commencing with Section 114380), inclusive,
of Part 7 of Division 104 of the Health and Safety Code, or any
requirement or standard for the protection of public health, public
safety, or worker safety established by federal, state, or local
government or recommended by recognized standard setting
organizations or trade associations.
