Bill Text: CA AB3121 | 2023-2024 | Regular Session | Amended


Bill Title: Urban retail water suppliers: informational order: written notice: conservation order: water use efficiency standards and water use reporting: dates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-27 - Ordered to third reading. [AB3121 Detail]

Download: California-2023-AB3121-Amended.html

Amended  IN  Senate  June 12, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3121


Introduced by Assembly Member Hart

February 16, 2024


An act to amend Section Sections 10609.26 and 10609.30 of the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 3121, as amended, Hart. Urban retail water suppliers: informational order: written notice: conservation order: water use efficiency standards and water use reporting: dates.

Existing

(1) Existing law authorizes the State Water Resources Control Board, on and after January 1, 2024, to issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective. Existing law authorizes the board, on and after January 1, 2025, to issue a written notice to an urban retail water supplier that does not meet its urban water use objective. Existing law authorizes the board, on and after January 1, 2026, to issue a conservation order to an urban retail water supplier that does not meet its urban water use objective.
This bill would instead provide that the date the board is authorized to issue informational orders is on or after January 1, 2026, the date to issue a written notice to is on or after January 1, 2026 2027, and the date to issue a conservation order to is on or after January 1, 2027. 2028, respectively.
(2) Existing law requires, on or before January 10, 2024, the Legislative Analyst to provide a report to the appropriate policy committees of both houses of the Legislature and the public evaluating the implementation of the water use efficiency standards and water use reporting.
This bill would require the Legislative Analyst to provide a report as described above on or before January 10, 2028.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 10609.26 of the Water Code is amended to read:

10609.26.
 (a) (1) On and after January 1, 2024, 2026, the board may issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective 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 urban water use objectives.
(2) In determining whether to issue an informational order, the board shall consider the degree to which the urban retail water supplier is not meeting its urban water use objective, information provided in the report required by Section 10609.24, and actions the urban retail water supplier has implemented or will implement in order to help meet the urban water use objective.
(3) The board shall share information received pursuant to this subdivision with the department.
(4) An urban water supplier may request technical assistance from the department. The technical assistance may, to the extent available, include guidance documents, tools, and data.
(b) On and after January 1, 2026, 2027, the board may issue a written notice to an urban retail water supplier that does not meet its urban water use objective required by this chapter. The written notice may warn the urban retail water supplier that it is not meeting its urban water use objective described in Section 10609.20 and is not making adequate progress in meeting the urban water use objective, and may request that the urban retail water supplier address areas of concern in its next annual report required by Section 10609.24. In deciding whether to issue a written notice, the board may consider whether the urban retail water supplier has received an informational order, the degree to which the urban retail water supplier is not meeting its urban water use objective, information provided in the report required by Section 10609.24, and actions the urban retail water supplier has implemented or will implement in order to help meet its urban water use objective.
(c) (1) On and after January 1, 2027, 2028, the board may issue a conservation order to an urban retail water supplier that does not meet its urban water use objective. A conservation order may consist of, but is not limited to, referral to the department for technical assistance, requirements for education and outreach, requirements for local enforcement, and other efforts to assist urban retail water suppliers in meeting their urban water use objective.
(2) In issuing a conservation order, the board shall identify specific deficiencies in an urban retail water supplier’s progress towards meeting its urban water use objective, and identify specific actions to address the deficiencies.
(3) The board may request that the department provide an urban retail water supplier with technical assistance to support the urban retail water supplier’s actions to remedy the deficiencies.
(d) A conservation order issued in accordance with this chapter may include requiring actions intended to increase water-use efficiency, but shall not curtail or otherwise limit the exercise of a water right, nor shall it require the imposition of civil liability pursuant to Section 377.

SEC. 2.

 Section 10609.30 of the Water Code is amended to read:

10609.30.
 On or before January 10, 2024, 2028, the Legislative Analyst shall provide to the appropriate policy committees of both houses of the Legislature and the public a report evaluating the implementation of the water use efficiency standards and water use reporting pursuant to this chapter. The board and the department shall provide the Legislative Analyst with the available data to complete this report.
(a) The report shall describe all of the following:
(1) The rate at which urban retail water users are complying with the standards, and factors that might facilitate or impede their compliance.
(2) The accuracy of the data and estimates being used to calculate urban water use objectives.
(3) Indications of the economic impacts, if any, of the implementation of this chapter on urban water suppliers and urban water users, including CII water users.
(4) The frequency of use of the bonus incentive, the volume of water associated with the bonus incentive, value to urban water suppliers of the bonus incentive, and any implications of the use of the bonus incentive on water use efficiency.
(5) The early indications of how implementing this chapter might impact the efficiency of statewide urban water use.
(6) Recommendations, if any, for improving statewide urban water use efficiency and the standards and practices described in this chapter.
(7) Any other issues the Legislative Analyst deems appropriate.

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