Bill Text: CA SB606 | 2017-2018 | Regular Session | Amended
Bill Title: Water management planning.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2018-05-31 - Chaptered by Secretary of State. Chapter 14, Statutes of 2018. [SB606 Detail]
Download: California-2017-SB606-Amended.html
Amended
IN
Assembly
August 29, 2017 |
Amended
IN
Assembly
August 21, 2017 |
Amended
IN
Assembly
July 13, 2017 |
Amended
IN
Assembly
June 22, 2017 |
Amended
IN
Senate
April 06, 2017 |
Senate Bill | No. 606 |
Introduced by Senators Skinner and Hertzberg |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 350 of the Water Code is amended to read:350.
The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company, shall declare a water shortage emergency condition to prevail within the area served by such 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.SEC. 2.
Section 377 of the Water Code is amended to read:377.
(a) From and after the publication or posting of any ordinance or resolution pursuant to Section 376, a violation of a requirement of a water conservation program adopted pursuant to Section 376 is a misdemeanor. A person convicted under this subdivision shall be punished by imprisonment in the county jail for not more than 30 days, or by a fine not exceeding one thousand dollars ($1,000), or by both.SEC. 3.
Section 531.10 of the Water Code is amended to read:531.10.
(a) (1) An agricultural water supplier shall submit an annual report to the department that summarizes aggregated farm-gate delivery data, on a monthly or bimonthly basis, using best professional practices. The annual report for the prior year shall be submitted to the department by April 1 of each year. The annual report shall be organized by basin, as defined in Section 10721, within the service area of the agricultural water supplier, if applicable.SEC. 4.
Section 1058.5 of the Water Code is amended to read:1058.5.
(a) This section applies to any emergency regulation adopted by the board for which the board makes both of the following findings:SEC. 5.
Section 1120 of the Water Code is amended to read:1120.
This chapter applies to any decision or order issued under this part or Section 275, Part 2 (commencing with Section 1200), Part 2 (commencing with Section 10500) of Division 6, Part 2.55 (commencing with Section 10608) of Division 6, or Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, or the public trust doctrine.SEC. 6.
Section 1846.5 is added to the Water Code, to read:1846.5.
(a) A person or entity who commits any of the violations identified in subdivision (b) may be liable in an amount not to exceed the following, as applicable:SEC. 7.
Section 10608.12 of the Water Code is amended to read:10608.12.
Unless the context otherwise requires, the following definitions govern the construction of this part:(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
SEC. 8.
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.SEC. 9.
Section 10608.35 is added to the Water Code, to read:10608.35.
(a) The department, in coordination with the board, shall conduct necessary studies and investigations and make a recommendation to the Legislature, by January 1, 2019, on the feasibility of developing and enacting water loss reporting requirements for urban wholesale water suppliers.SEC. 10.
Section 10608.48 of the Water Code is amended to read:10608.48.
(a) On or before July 31, 2012, an agricultural water supplier shall implement efficient water management practices pursuant to subdivisions (b) and (c).SEC. 11.
Chapter 9 (commencing with Section 10609) is added to Part 2.55 of Division 6 of the Water Code, to read:CHAPTER 9. Urban Water Use Objectives and Water Use Reporting
10609.
(a) The Legislature finds and declares that this chapter establishes a method to estimate the aggregate amount of water that would have been delivered the previous year by an urban retail water supplier if all that water had been used efficiently. This estimated aggregate water use is the urban retail water supplier’s urban water use objective. The method is based on water use efficiency standards and local service area characteristics for that year. By comparing the amount of water actually used in the previous year with the urban water use objective, local urban water suppliers will be in a better position to help eliminate unnecessary use of water; that is, water used in excess of that needed to accomplish the intended beneficial use.10609.2.
(a) The board, in coordination with the department, shall adopt long-term standards for the efficient use of water pursuant to this chapter on or before June 30, 2021.10609.4.
(a)10609.6.
(a) (1) The department, in coordination with the board, shall conduct necessary studies and investigations and recommend, no later than October 1, 2020, standards for outdoor residential use for adoption by the board in accordance with this chapter.10609.8.
(a) The department, in coordination with the board, shall conduct necessary studies and investigations and recommend, no later than October 1, 2020, standards for outdoor irrigation of landscape areas with dedicated irrigation meters or other means of calculating outdoor irrigation use in connection with CII water use for adoption by the board in accordance with this chapter.10609.10.
(a) The department, in coordination with the board, shall conduct necessary studies and investigations and recommend, no later than October 1, 2020, performance measures for CII water use for adoption by the board in accordance with this chapter.10609.12.
The standards for water loss for urban retail water suppliers shall be the standards adopted by the board pursuant to subdivision (i) of Section 10608.34.10609.14.
(a) The department, in coordination with the board, shall conduct necessary studies and investigations and, no later than October 1, 2020, recommend for adoption by the board in accordance with this chapter appropriate variances for unique uses that can have a material effect on an urban retail water supplier’s urban water use objective.10609.16.
The department, in coordination with the board, shall conduct necessary studies and investigations and recommend, no later than October 1, 2020, guidelines and methodologies for the board to adopt that identify how an urban retail water supplier calculates its urban water use objective. The guidelines and methodologies shall address, as necessary, all of the following:10609.18.
The department and the board shall solicit broad public participation from stakeholders and other interested persons in the development of the standards and the adoption of regulations pursuant to this chapter.10609.20.
(a) Each urban retail water supplier shall calculate its urban water use objective no later than July 1, 2022, and by July 1 every year thereafter.(d)
10609.22.
(a) An urban retail water supplier shall calculate its actual urban water use no later than July 1, 2022, and by July 1 every year thereafter.(d)Urban retail water suppliers that deliver potable reuse water may reduce the calculation of their actual urban water use by a credit calculated pursuant to this subdivision.
(1)The water use credit shall be the amount of delivered potable reuse water multiplied by a credit factor.
(2)The water use credit factor for 2021 shall be 10 percent.
(3)The water use credit factor for each subsequent year shall be one percentage point less than the credit factor for the previous year, until January 1, 2031, after which no credit factor shall apply.
10609.24.
(a) An urban retail water supplier shall submit a report to the department no later than July 1, 2022, and by July 1 every year thereafter. The report shall include all of the following:10609.26.
(a) (1) On and after July 1, 2022, 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.10609.28.
The board may issue a regulation or informational order requiring a wholesale water supplier, an urban retail water supplier, or a distributor of a public water supply, as that term is used in Section 350, to provide a monthly report relating to water production, water use, or water conservation.10609.30.
On or before January 10, 2023, 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 urban water conservation 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.10609.32.
It is the intent of the Legislature that the chairperson of the board and the director of the department appear before the appropriate policy committees of both houses of the Legislature on or around January 1, 2025, and report on the implementation of urban water conservation standards and water use reporting pursuant to this chapter. It is the intent of the Legislature that the topics to be covered include all of the following:10609.34.
Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the board taken under this chapter shall be deemed to be a Class 8 action, within the meaning of Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve relaxation of existing water conservation or water use standards.10609.36.
(a) Nothing in this chapter shall be construed to determine or alter water rights. Sections 1010 and 1011 apply to water conserved through implementation of this chapter.SEC. 12.
Chapter 10 (commencing with Section 10609.40) is added to Part 2.55 of Division 6 of the Water Code, to read:CHAPTER 10. Countywide Drought and Water Shortage Contingency Plans
10609.40.
The Legislature finds and declares both of the following:10609.42.
(a)(b)
SEC. 13.
Section 10610.2 of the Water Code is amended to read:10610.2.
(a) The Legislature finds and declares all of the following:SEC. 14.
Section 10610.4 of the Water Code is amended to read:10610.4.
The Legislature finds and declares that it is the policy of the state as follows:SEC. 15.
Section 10612 of the Water Code is amended and renumbered to read:10611.3.
“Customer” means a purchaser of water from a water supplier who uses the water for municipal purposes, including residential, commercial, governmental, and industrial uses.SEC. 16.
Section 10612 is added to the Water Code, to read:10612.
“Drought risk assessment” means a method that examines water shortage risks based on the driest five-year historic sequence for the agency’s water supply, as described in subdivision (b) of Section 10635.SEC. 17.
Section 10617.5 is added to the Water Code, to read:10617.5.
“Water shortage contingency plan” means a document that incorporates the provisions detailed in subdivision (a) of Section 10632 and is subsequently adopted by an urban water supplier pursuant to this article.SEC. 18.
Section 10618 is added to the Water Code, to read:10618.
“Water supply and demand assessment” means a method that looks at current year and one or more dry year supplies and demands for determining water shortage risks, as described in Section 10632.1.SEC. 19.
Section 10620 of the Water Code is amended to read:10620.
(a) Every urban water supplier shall prepare and adopt an urban water management plan in the manner set forth in Article 3 (commencing with Section 10640).SEC. 20.
Section 10621 of the Water Code is amended to read:10621.
(a) Each urban water supplier shall update its plan at least once every five years on or before July 1, in years ending in six and one, incorporating updated and new information from the five years preceding each update.SEC. 21.
Section 10630 of the Water Code is amended to read:10630.
It is the intention of the Legislature, in enacting this part, to permit levels of water management planning commensurate with the numbers of customers served and the volume of water supplied, while accounting for impacts from climate change.SEC. 22.
Section 10630.5 is added to the Water Code, to read:10630.5.
Each plan shall include a simple lay description of how much water the agency has on a reliable basis, how much it needs for the foreseeable future, what the agency’s strategy is for meeting its water needs, the challenges facing the agency, and any other information necessary to provide a general understanding of the agency’s plan.SEC. 23.
Section 10631 of the Water Code is amended to read:10631.
A plan shall be adopted in accordance with this chapter that shall do all of the following:SEC. 24.
Section 10631.2 of the Water Code is amended to read:10631.2.
(a) In addition to the requirements of Section 10631, an urban water management plan shall include any of the following information that the urban water supplier can readily obtain:SEC. 25.
Section 10631.7 of the Water Code is repealed.SEC. 26.
Section 10632 of the Water Code is repealed.SEC. 27.
Section 10632 is added to the Water Code, to read:10632.
(a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:SEC. 28.
Section 10632.1 is added to the Water Code, to read:10632.1.
An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before June 1 of each year, 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. An urban water supplier that relies on imported water from the State Water Project or the Bureau of Reclamation shall submit its annual water supply and demand assessment within 14 days of receiving its final allocations, or by June 1 of each year, whichever is later.SEC. 29.
Section 10632.2 is added to the Water Code, to read:10632.2.
An urban water supplier shall follow, where feasible and appropriate, the prescribed procedures and implement determined shortage response actions in its water shortage contingency plan, as identified in subdivision (a) of Section 10632, or reasonable alternative actions, provided that descriptions of the alternative actions are submitted with the annual water shortage assessment report pursuant to Section 10632.1. Nothing in this section prohibits an urban water supplier from taking actions not specified in its water shortage contingency plan, if needed, without having to formally amend its urban water management plan or water shortage contingency plan.SEC. 30.
Section 10632.3 is added to the Water Code, to read:10632.3.
It is the intent of the Legislature that, upon proclamation by the Governor of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, the board defer to implementation of locally adopted water shortage contingency plans to the extent practicable.The department may update the Urban Water Management Guidebook to include and further clarify, where necessary, the requirements contained in subdivision (a) of Section 10632.