Bill Text: CA AB40 | 2009-2010 | Regular Session | Amended

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Bill Title: Water: reasonable use: electrical generation facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2009-07-13 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C. [AB40 Detail]

Download: California-2009-AB40-Amended.html

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BILL NUMBER: AB 40	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 13, 2009
	AMENDED IN SENATE  JUNE 30, 2009

INTRODUCED BY   Assembly Member  Fuentes   Smyth


                        DECEMBER 1, 2008

   An act to add Section 13552.7 to the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 40, as amended,  Fuentes   Smyth  .
Water: reasonable use: electrical generation facilities.
   The California Constitution provides that the right to water shall
be limited to that amount of water that is reasonably required for
the beneficial use to be served. Existing law declares that the use
of potable domestic water for cooling towers is a waste or an
unreasonable use of water if recycled water is available and other
requirements are met.
   The existing renewables portfolio standard program requires that a
retail seller of electricity, including electrical corporations,
community choice aggregators, and electric service providers, but not
including local publicly owned electric utilities, purchase a
specified minimum percentage of electricity generated by eligible
renewable energy resources, as defined, in any given year as a
specified percentage of total kilowatthours sold to retail end-use
customers each calendar year.
   This bill would declare that  the use of water for cooling
or any other purpose in an eligible renewable energy resource is a
beneficial use of water and that  the use of potable
domestic water for cooling towers that are part of a generating
system that is an eligible renewable energy resource is a reasonable
use of water if certain requirements are met.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13552.7 is added to the Water Code, to read:
   13552.7.  (a) The Legislature finds and declares that it is in the
interest of the state to construct generating facilities that are
eligible renewable energy resources  , as described in
  pursuant to the requirements of  Article 16
(commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division
1 of the Public Utilities Code. 
   (b) The use of water for cooling or any other purpose in an
eligible renewable energy resource is a beneficial use of water.
 
   (c) 
    (b)  Notwithstanding Section 13552.6, the use of potable
domestic water for cooling towers that are part of a generating
facility that is an eligible renewable energy resource is a
reasonable use of water within the meaning of Section 2 of Article X
of the California Constitution if all of the following requirements
are met:
   (1) The generating facility is an eligible renewable energy
resource that meets the requirements of Article 16 (commencing with
Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public
Utilities Code.
   (2) The facility would not have a significant effect on the
environment, as defined in Section 21068 of the Public Resources
Code, to groundwater resources after mitigation measures are 
implemented. For purposes of this paragraph, a significant effect on
the environment with respect to groundwater resources includes a
water use that would cause the production rate of preexisting nearby
wells to drop to a level that would not support existing land uses or
planned uses for which permits have been granted. 
    (3)     The facility
institutes a water monitoring program to measure the impacts of the
eligible renewable energy resource on nearby wells and provides for
mitigation or compensation for additional pumping costs or to
increase the depth of wells that experience a reduction in water
levels due to the use of groundwater by the eligible renewable energy
resource, such that the wells cannot be used for their current
purpose.   implemented to protect groundwater resources
due to the use of potable domestic water as described in this
subdivision.  
   (4) 
    (3)  The State Energy Resources Conservation and
Development Commission or the state board, after notice to the public
and a public hearing, determines that the use meets the requirements
of paragraphs (1)  , (2), and (3)   and (2),
and determines that the use is a reasonable use of water  .