AB 1323: Sustainable water use and demand reduction: stakeholder workgroup.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-05-30
Existing law requires the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020. Existing law requires each urban retail water supplier to develop urban water use targets and an interim urban water use target, as specified, and requires each agricultural water supplier to implement efficient water management practices.
This bill bill, with a specified exception, would require the Department of Water Resources to convene a stakeholder workgroup with prescribed representatives invited to participate, including, among others, representatives of the department and the State Water Resources Control Board, no later than February 1, 2018. 2019. The bill would require the stakeholder workgroup to develop, evaluate, and recommend proposals for establishing new water use targets for urban water suppliers and to examine and report to the Governor and the Legislature by December 31, 2018, 2019, as specified. The bill would require all expenses for the stakeholder working group to be the responsibility of the nonstate agency stakeholders. The bill would repeal its provisions on January 1, 2022. 2023.
Existing law requires the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020. Existing law requires each urban retail water supplier to develop urban water use targets and an interim urban water use target, as specified, and requires each agricultural water supplier to implement efficient water management practices.
This bill would require the Department of Water Resources to convene a stakeholder workgroup with prescribed representatives invited to participate, including, among others, representatives of the department and the State Water Resources Control Board, no later than February 1, 2018. The bill would require the stakeholder workgroup to develop, evaluate, and recommend proposals for establishing new water use targets for urban water suppliers and to examine and report to the Governor and the Legislature by December 31, 2018, as specified. The bill would require all expenses for the stakeholder working group to be the responsibility of the nonstate agency stakeholders. The bill would repeal its provisions on January 1, 2022.
(a)In order to further advance the directives contained in Executive Order B-37-16, except as provided in subdivision (g), the Department of Water Resources shall convene a stakeholder workgroup no later than February 1, 2018, 2019, to develop, evaluate, and recommend proposals for establishing new water use targets for urban water suppliers. The Director of Water Resources may designate a chair for the stakeholder workgroup.
(b)Representatives of the following, and any others as deemed necessary, may be invited to participate in the stakeholder workgroup:
(1)The Department of Water Resources.
(2)The State Water Resources Control Board.
(3)The building and construction industry.
(4)Urban water suppliers.
(5)Commercial, industrial, and institutional users, including, but not limited to, the military, agricultural water suppliers, recognized environmental advocacy groups, environmental justice groups, cities, counties, professional associations, academia, and stakeholder industry groups.
(c)The stakeholder workgroup shall examine and report to the Governor and the Legislature by December 31, 2018, 2019, on all of the following matters:
(1)Methods to calculate new water use targets that build upon existing requirements in this part that the state achieve a 20 percent reduction in urban water usage by 2020.
(2)Reporting, compliance schedule, and enforcement requirements that will be used to determine if water suppliers are in compliance with the water use target.
(d)In complying with subdivision (c), the stakeholder workgroup shall consider all of the following:
(1)Recommendations on water use targets included in the report Making Water Conservation a California Way of Life: Implementing Executive Order B-37-16.
(2)The provisions of Chapter 3 (commencing with Section 10608.16).
(3)Unintended consequences created by new water use targets or commercial, industrial, and institutional users performance measures that could negatively impact Californias economy, wastewater infrastructure, or investments in drought-resilient supplies, including, but not limited to, desalination, water reuse, and recycling.
(e)The stakeholder workgroup shall identify specific technical and financial assistance for water suppliers in calculating and meeting new water use targets.
(f)All expenses for the stakeholder working group shall be the responsibility of the nonstate agency stakeholders. Financial contributions by a nonstate agency stakeholder to pay the expenses of the stakeholder workgroup shall be made on a voluntary basis. A stakeholder shall not be required to pay any of the work group expenses.
(g)The Department of Water Resources shall not convene a stakeholder workgroup pursuant to this section if a statute chaptered in the 201718 Regular Session establishes water conservation targets and long-term drought contingency planning for urban water suppliers.
(g)(h)(1)A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2022. 2023.
(a)In order to further advance the directives contained in Executive Order B-37-16, the Department of Water Resources shall convene a stakeholder workgroup no later than February 1, 2018, to develop, evaluate, and recommend proposals for establishing new water use targets for urban water suppliers. The Director of Water Resources may designate a chair for the stakeholder workgroup.
(b)Representatives of the following, and any others as deemed necessary, may be invited to participate in the stakeholder workgroup:
(1)The Department of Water Resources.
(2)The State Water Resources Control Board.
(3)The building and construction industry.
(4)Urban water suppliers.
(5)Commercial, industrial, and institutional users, including, but not limited to, the military, agricultural water suppliers, recognized environmental advocacy groups, environmental justice groups, cities, counties, professional associations, academia, and stakeholder industry groups.
(c)The stakeholder workgroup shall examine and report to the Governor and the Legislature by December 31, 2018, on all of the following matters:
(1)Methods to calculate new water use targets that build upon existing requirements in this part that the state achieve a 20 percent reduction in urban water usage by 2020.
(2)Reporting, compliance schedule, and enforcement requirements that will be used to determine if water suppliers are in compliance with the water use target.
(d)In complying with subdivision (c), the stakeholder workgroup shall consider all of the following:
(1)Recommendations on water use targets included in the report Making Water Conservation a California Way of Life: Implementing Executive Order B-37-16.
(2)The provisions of Chapter 3 (commencing with Section 10608.16).
(3)Unintended consequences created by new water use targets or commercial, industrial, and institutional users performance measures that could negatively impact Californias economy, wastewater infrastructure, or investments in drought-resilient supplies, including, but not limited to, desalination, water reuse, and recycling.
(e)The stakeholder workgroup shall identify specific technical and financial assistance for water suppliers in calculating and meeting new water use targets.
(f)All expenses for the stakeholder working group shall be the responsibility of the nonstate agency stakeholders. Financial contributions by a nonstate agency stakeholder to pay the expenses of the stakeholder workgroup shall be made on a voluntary basis. A stakeholder shall not be required to pay any of the work group expenses.
(g)(1)A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2022.
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Date
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Status
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| Sep 1, 2017 | In committee: Held under submission. |
| Aug 21, 2017 | In committee: Referred to APPR. suspense file. |
| Jul 11, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 11). Re-referred to Com. on APPR. |
| Jun 14, 2017 | Referred to Com. on N.R. & W. |
| Jun 1, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 1. Page 1880.) |
| May 30, 2017 | Read second time and amended. Ordered returned to second reading. |
| May 26, 2017 | From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (May 26). |
| May 10, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 26, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 25). Re-referred to Com. on APPR. |
| Mar 13, 2017 | Referred to Com. on W.,P., & W. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Aug 21, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Jul 11, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Natural Resources and Water |
Passed |
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| May 31, 2017 | AB 1323 WEBER Assembly Third Reading | Assembly Floor |
Passed |
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| May 26, 2017 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 25, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Association Of California Water Agencies | ** Support | Jul 7, 2017 |
| California Association Of Mutual Water Companies | ** Support | Jul 7, 2017 |
| California Building Industry Association | * Support | Apr 25, 2017 |
| California Municipal Utilities Association | ** Support | Jul 7, 2017 |
| city of carlsbad | ** Support | Jul 7, 2017 |
| city of laguna niguel | ** Support | Jul 7, 2017 |
| City of Oceanside | ** Support | Jul 7, 2017 |
| City of Poway | ** Support | Jul 7, 2017 |
| City Of San Diego | ** Support | Jul 7, 2017 |
| Helix Water District | ** Support | Jul 7, 2017 |
| Lakeside Water District | ** Support | Jul 7, 2017 |
| Mesa Water District | ** Support | Jul 7, 2017 |
| Olivenhain Municipal Water District | ** Support | Jul 7, 2017 |
| Otay Water District | ** Support | Jul 7, 2017 |
| padre dam municipal water districts | ** Support | Jul 7, 2017 |
| San Diego County Apartment Association | ** Support | Jul 7, 2017 |
| San Diego County Office of Education | ** Support | Jul 7, 2017 |
| San Diego County Water Authority | * Support | Apr 25, 2017 |
| San Diego Regional Chamber Of Commerce | ** Support | Jul 7, 2017 |
| San Diego Regional Economic Development Corporation | ** Support | Jul 7, 2017 |
| santa fe irrigation district | ** Support | Jul 7, 2017 |
| Valley Center Municipal Water District | ** Support | Jul 7, 2017 |
| Vista Irrigation District | ** Support | Jul 7, 2017 |
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 1323 (Weber) - Sustainable water use and demand reduction: stakeholder workgroup
Version: May 30, 2017 | Policy Vote: N.R. & W. 9 - 0 |
Urgency: No | Mandate: No |
Hearing Date: August 21, 2017 | Consultant: Narisha Bonakdar |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
- AB 1323 requires the Department of Water Resources (DWR) by February 1, 2019, to convene a stakeholder workgroup to develop, evaluate, and recommend proposals for establishing new water use targets for urban water suppliers and to report to the Governor and the Legislature by December 31, 2019.
Fiscal Impact:
- One-time costs of $300,000 (General Fund) for three part-time positions and meeting facilitation contracts.
- Minor costs (various special funds and General Fund) to state entities that participate on the workgroup.
Background:
SB 7X-7 (Steinberg, 2009) established a statewide urban water conservation target to reduce water demand 10 percent by 2015 and 20 percent by 2020. It also established specific processes for urban water suppliers to meet the conservation targets.
The California Water Action Plan, first released in 2014 and updated in 2016, outlines the Brown Administration five‐year roadmap to create more resilient and reliable water systems and to restore important ecosystems. Ten principles define California’s Water Action Plan:
1. Make conservation a California way of life
2. Increase regional self-reliance and integrated water management across all levels of government
3. Achieve the co-equal goals for the Delta
4. Protect and restore important ecosystems
5. Manage and prepare for dry periods
6. Expand water storage capacity and improve groundwater management
7. Provide safe water for all communities
8. Increase flood protection
9. Increase operational and regulatory efficiency
10. Identify sustainable and integrated financing opportunities
In May of 2016 Governor Brown signed Executive Order B‐37‐16 directing State agencies to help Californians adopt permanent changes to use water more wisely. The Executive Order laid out a framework for moving the state from temporary, emergency water conservation measures to a more durable approach that considers local water conditions. The resulting report, “Making Conservation a California Way of Life” was released in April of 2017.
Proposed Law:
This bill:
- Require DWR to convene a stakeholder workgroup by February 1, 2019.
- Require the stakeholder workgroup to develop, evaluate, and recommend proposals for establishing new water use targets for urban water suppliers and to examine and report to the Governor and the Legislature by December 31, 2019.
- Require all expenses for the stakeholder working group to be the responsibility of the nonstate agency stakeholders.
- Specifies that DWR is not required to develop the workgroup if water conservation targets and long-term drought contingency planning for urban water suppliers is enacted in the 2017–18 Regular Session.
Related Legislation:
AB 1699 (Friedman, 2017) and the budget trailer bill would provide authority and require the SWRCB, in consultation with the DWR, to adopt long-term urban water use and conservation standards by May 20, 2021.
AB 968 (Rubio, 2017), would establish a new 2025 water use efficiency requirement for urban retail water suppliers. AB 968 largely builds off of the existing 2020 requirements for water use efficiency.
Staff Comments:
Who pays for what? The bill includes the following provision “All expenses for the stakeholder working group shall be the responsibility of the nonstate agency stakeholders. Financial contributions by a nonstate agency stakeholder to pay the expenses of the stakeholder workgroup shall be made on a voluntary basis. A stakeholder shall not be required to pay any of the work group expenses.” It is unclear what is intended by this provision. It should be amended to clearly indicate what is expected.
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SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Robert Hertzberg, Chair
2017 - 2018 Regular
Bill No: AB Hearing Date: July 11, 2017
Author: | Weber | ||
Version: | May 30, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Dennis O'Connor | ||
Subject: Sustainable water use and demand reduction: stakeholder workgroup
BACKGROUND AND EXISTING LAW
- One of the bills in the 2009 water package was SBX7 7 (Steinberg). That bill, sometimes known as the 20X2020 bill, requires the state to achieve 20% reduction in urban per capita water use by December 31, 2020. The bill provided four methods for urban water suppliers to meet the 20% reduction goal. Urban water suppliers were to report their progress in meeting the goal in their 2015 urban water management plans (UWMPs).
SBX7 7 also required agricultural water suppliers that provide water to 10,000 or more irrigated acres to adopt a volumetric water pricing system and to implement locally cost effective and technically feasible water use efficiency measures, as specified.
The Department of Water Resources (DWR) was charged with reviewing the 2015 UPWPs and report to the legislature, by July 1, 2017, on progress towards achieving the 20X2020 goal. Similarly, DWR, in consultation with the State Water Resources Control Board (Water Board), was charged with reporting to the legislature by December 31, 2016 on the progress in and effect of implementing required agricultural efficient water management practices. - The Urban Water Management Act requires urban water suppliers to produce an urban water management plan (UWMP) in years ending in 0 and 5 (except for 2015, where the deadline was extended to July 1, 2016). Among other requirements, urban water management plans are to describe and evaluate sources of supply, reasonable and practical efficient uses, reclamation, and demand management activities. Plans are also to include a water shortage contingency analysis, and a strategy and time schedule for implementation of the plan. The act requires DWR, by July 1, 2017, to provide a report to the legislature a report summarizing and evaluating the UWMPs submitted in 2016.
- In May of 2016 Governor Edmund G. Brown Jr. signed Executive Order (B‐37‐16) (EO) that updated the drought emergency declaration, and directed state agencies to take specific additional actions. The EO contains four objectives and 13 items to be implemented by the State Agencies. They are, in brief:
- Use Water More Wisely
- The Water Board shall adjust emergency water conservation regulations through the end of January 2017 in recognition of the differing water supply conditions across the state.
- The Department of Water Resources (DWR) shall work with the Water Board to develop new water use targets as part of a permanent framework for urban water agencies, as specified.
- DWR and the Water Board shall permanently require urban water suppliers to issue a monthly report on their water usage, amount of conservation achieved, and any enforcement efforts.
- Eliminate Water Waste
- The Water Board shall permanently prohibit practices that waste potable water
- The Water Board and DWR shall direct actions to minimize water system leaks that waste large amounts of water.
- The Water Board and DWR shall direct urban and agricultural water suppliers to accelerate their data collection, improve water system management, and prioritize capital projects to reduce water waste.
- The California Energy Commission shall certify innovative water conservation and water loss detection and control technologies that also increase energy efficiency.
- Strengthen Local Drought Resilience
- DWR shall strengthen requirements for urban Water Shortage Contingency Plans, which urban water agencies are required to maintain.
- DWR shall consult with urban water suppliers, local governments, environmental groups, and other partners to update requirements for Water Shortage Contingency Plans.
- For areas not covered by a Water Shortage Contingency Plan, DWR shall work with counties to facilitate improved drought planning for small water suppliers and rural communities.
- Improve Agricultural Water Use Efficiency And Drought Planning
- DWR shall work with the California Department of Food and Agriculture (CDFA) to update existing requirements for Agricultural Water Management Plans to ensure that these plans identify and quantify measures to increase water efficiency in their service area and to adequately plan for periods of limited water supply.
- DWR shall permanently require the completion of Agricultural Water Management Plans by water suppliers with over 10,000 irrigated acres of land.
- DWR, together with the CDFA, shall consult with agricultural water suppliers, local governments, agricultural producers, environmental groups and other partners to update requirement for Agricultural Water Management Plans.
- Use Water More Wisely
- Beginning in June 2016, the administration had a series of meetings and workshops with key interests groups to develop specific proposals for implementing the EO. In April 2017, the administration released a report titled “Making Water Conservation a California Way of Life: Implementing Executive Order B-37-16.” That report, often referred to as “the framework,” makes specific recommendations for long‐term improvements to water supply management that support water conservation. The report divides its recommendations into two main categories and eight sub-categories, as follows:
- Directives Implemented Within Existing Authorities
- Emergency water conservation regulations for 2017
- Monthly reporting and permanent prohibition of wasteful practices
- Reduce water supplier leaks and water losses
- Certification of innovative technologies for water conservation and energy efficiency
- Recommendations that Require New and Expanded Authorities to Implement.
- New water use targets based on strengthened standards
- Water shortage contingency plans
- Drought planning for small water suppliers and rural communities
- Agricultural water management plans
- Directives Implemented Within Existing Authorities
The recommendations under b) are the subject of the various water conservation and planning bills.
PROPOSED LAW
If a statute is not chaptered in the 2017–18 Regular Session that establishes water conservation targets and long-term drought contingency planning for urban water suppliers, this bill would:
- Require DWR to convene a stakeholder workgroup by February 1, 2019.
- Require the stakeholder workgroup to develop, evaluate, and recommend proposals for establishing new water use targets for urban water suppliers and to examine and report to the Governor and the Legislature by December 31, 2019.
- Require all expenses for the stakeholder working group to be the responsibility of the nonstate agency stakeholders.
ARGUMENTS IN SUPPORT
According to the author, “Several bills have been introduced in the Legislature to propose the next iteration of long-term water use efficiency beyond the 2020 timeframe. Those bills represent different stakeholder perspectives, different visions of water use efficiency in California, different approaches to conservation and efficiency metrics, and are not consensus based approaches. It is unclear how all of these different perspectives will be, or can be, reconciled in a satisfactory manner. AB 1323 has a mechanism – diverse stakeholder workgroup – to create consensus recommendations that could be advanced legislatively and that would represent a progressive vision for water use efficiency in California going forward. Too much is at stake to rush through the process for developing California’s future water use efficiency and conservation framework in statute over the course of just a six-month legislative session. Crafting statutory language in such a condensed and abbreviated period of time is a path that could lead to a variety of unintended consequences. AB 1323 would provide for a deliberate and meaningful process for a broad range of stakeholders to work on developing consensus recommendations for “Making Conservation A Way Of Life” in California.
ARGUMENTS IN OPPOSITION: None received
COMMENTS
Plan B. As noted below, there are a number of bills that attempt to address all or part of the proposals made in the framework. It is not clear how and when the various differences between the different bills will be resolved. This bill is essentially a Plan B in the case the various differences are not resolved before the end of this session.
Premature or Incentive to Succeed? This is the first year of a two year session. While it is not clear how and when the various differences between the different bills will be resolved, there is more than a year to do so. As such, it may not be necessary to act on a Plan B at this time.
On the other hand, knowing that the alternative to passing conservation targets and long-term drought contingency planning legislation is to turn the issue back to the administration might be sufficient incentive for developing successful legislation.
Related Bills:
AB 869 (Rubio) – would exclude the curtailment of use of recycled water from the definition of conservation. In this committee, pulled by the author.
AB 968 (Rubio) – would establish new 2025 water use efficiency requirements for urban retail water suppliers. Held in Assembly Appropriations Committee.
AB 1654 (Rubio) – would revise the provisions governing urban water management plans. Set to be heard in this committee on 7/11/17.
AB 1667 (Friedman) – would require the State Water Board to adopt long-term standards for urban water conservation and water use by May 20, 2021; would revise the provisions governing urban water management plans; and would revise the provisions governing agricultural water management plans. Set to be heard in this committee on 7/11/17.
AB 1668 (Friedman) – would revise the provisions governing urban water management plans. Set to be heard in this committee on 7/11/17.
AB 1669 (Friedman) – would require the State Water Board to adopt long-term standards for urban water conservation and water use by May 20, 2021. Held in Assembly Appropriations Committee.
Plan To Move Forward. Assemblymembers Friedman and Rubio are each carrying bills that, between the two, seem to represent the opposite ends of the spectrum of ideas about how to implement the framework. As a first step towards developing a single proposal, the committee may wish to move AB 1654 (Rubio) and AB 1668 (Friedman) forward as shells, move AB 1323 (Weber) in its current form as a Plan B, and hold the rest of the bills.
SUGGESTED AMENDMENTS: None
SUPPORT
Association of California Water Agencies
California Association of Mutual Water Companies
California Municipal Utilities Association
City of Carlsbad
City of Laguna Niguel
City of Oceanside
City of Poway
City of San Diego
Helix Water District
Lakeside Water District
Mesa Water District
Olivenhain Municipal Water District
Otay Water District
Padre Dam Municipal Water Districts
San Diego County Apartment Association
San Diego County Office of Education
San Diego Regional Chamber of Commerce
San Diego Regional Economic Development Corporation
Santa Fe Irrigation District
Valley Center Municipal Water District
Vista Irrigation District
OPPOSITION
None Received
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ASSEMBLY THIRD READING
ATR Bill Id:AB 1323
Author:(Weber, et al.)
As Amended Ver:May 30, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Water | 15-0 | Eduardo Garcia, Gallagher, Bigelow, Choi, Chu, Friedman, Gloria, Bocanegra, Harper, Levine, Mathis, Rubio, Salas, Thurmond, Wood | |
Appropriations | 12-0 | Gonzalez Fletcher, Bloom, Bocanegra, Bonta, Calderon, McCarty, Quirk, Friedman, Eduardo Garcia, Gray, Muratsuchi, Reyes |
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SUMMARY: Requires the Department of Water Resources (DWR) to convene a stakeholder workgroup no later than February 1, 2019, to recommend new water use targets for urban water suppliers. Does not require the DWR to convene a stakeholder workgroup if a statue establishing water conservation targets and long-term drought contingency planning for urban water suppliers is chaptered in the 2017-2018 Regular Session. Specifically, this bill:
- Requires the stakeholder workgroup to report to the Governor and Legislature by December 31, 2019, on methods to calculate new water use targets and enforcement requirements used to determine if water suppliers are in compliance with the water use targets.
- Requires the stakeholder workgroup to consider the recommendations in "Making Water Conservation a Way of Life" report, provisions of existing law on long-term water use, and unintended consequences that could negatively impact the economy, water infrastructure, and water supply.
- Requires the stakeholder workgroup to identify specific technical and financial assistance for water suppliers to meet new water use targets.
- Requires all expenses for the stakeholder workgroup to be the responsibility of nonstate agency stakeholders.
EXISTING LAW:
- Declares that because of the conditions prevailing in this state, the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be excercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare.
- Requires a 20% reduction in urban per capita water use on or before December 31, 2020.
- Requires each urban retail water supplier to develop an urban water use target based on one of the following methods:
- Water use of 80% of the urban retail water supplier's baseline per capita water use.
- A water budget based on indoor use, outdoor use, and commercial, industrial and institutional uses.
- Water use of 95% of the applicable state hydrologic region target.
- A method developed by the DWR.
- Defines "gross water use" as the total volume of water entering the distribution system of an urban retail water supplier, excluding among other things, recycled water.
- Defines "recycled water" as water, which as a result of treatment of waste, is suitable for a direct beneficial use that would not otherwise occur, that is used to offset potable demand.
FISCAL EFFECT: According to the Assembly Appropriations Committee, one-time General Fund costs of $900,000 over four years for the DWR to convene the workgroup, make recommendations, and report to the Legislature and the SWRCB to assist in the effort.
COMMENTS: The existing requirements to reduce urban per capita water use by 20% by 2020 began being implemented in 2011. The historic drought of 2012-2016 precipitated actions that will likely result in new long-term urban water use efficiency standards. On May 9, 2016, Governor Brown signed Executive Order B-37-16 to "make water conservation a way of life" in California. Among other things, the executive order required the DWR to work with the SWRCB to develop new long-term water use targets. Since the executive order, five departments and agencies, including the DWR and the SWRCB, issued a final report on April 7, 2017, entitiled "Making Water Conservation a Way of Life." Currently, there are five policy bills and a budget trailer bill that relate to long-term efficiency.
In developing the "Making Water Conservation a Way of Life" report, the agencies developed a collaborative program to formulate the long‐term framework for water conservation with public outreach and stakeholder engagement. The stakeholder engagement began with public listening sessions and then formed an urban advisory group in July 2016. The urban advisory group consisted of urban water suppliers, local government, academia, professional organizations, environmental advocates and other interested parties. The urban advisory group provided recommendations on long-term water use targets.
This bill would renew the stakeholder process in 2019 if no statute on long-term efficiency and drought contingency planning is chaptered in the 2017-18 Regular Session. The renewed stakeholder process would require a new report that examines long-term water standards and as part of the examination, among other things, considers the "Making Water Conservation a Way of Life" report.
Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096 FN: 0000826
Date of Hearing: May 10, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1323
Author:(Weber) – As Introduced Ver:February 17, 2017
Policy Committee: | Water, Parks and Wildlife | Vote: | 15 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Water Resources (DWR) to convene a stakeholder workgroup no later than February 1, 2018, to recommend new water use targets for urban water suppliers. Specifically, this bill:
- Requires the stakeholder workgroup to report to the Governor and Legislature by December 31, 2018, on methods to calculate new water use targets and enforcement requirements used to determine if water suppliers are in compliance with the water use targets.
- Requires the stakeholder workgroup to consider the recommendations in “Making Water Conservation a Way of Life” report, provisions of existing law on long-term water use, and unintended consequences that could negatively impact the economy, water infrastructure, and water supply.
- Requires the stakeholder workgroup to identify specific technical and financial assistance for water suppliers to meet new water use targets.
- Requires all expenses for the stakeholder workgroup to be the responsibility of nonstate agency stakeholders.
FISCAL EFFECT:
One-time GF costs of $900,000 over four years for DWR to convene the workgroup, make recommendations, and report to the Legislature and SWRCB to assist in the effort.
COMMENTS:
- Purpose. According to the author, several bills have been introduced in the Legislature to propose the next iteration of long-term water use efficiency beyond the 2020 timeframe. Those bills represent different stakeholder perspectives, different visions of water use efficiency in California, different approaches to conservation and efficiency metrics, and are not consensus based approaches. It is unclear how all of these different perspectives will be, or can be, reconciled in a satisfactory manner. This bill would provide for a deliberate and meaningful process for a broad range of stakeholders to work on developing consensus recommendations for 'Making Conservation a Way of Life' in California."
- Background. The existing requirements to reduce urban per capita water use by 20% by 2020 began being implemented in 2011. The historic drought of 2012-2016 precipitated actions that will likely result in new long-term urban water use efficiency standards. On May 9, 2016, Governor Brown signed Executive Order B-37-16 to “make water conservation a way of life” in California. Among other things, the executive order required the DWR to work with the SWRCB to develop new long-term water use targets. Since the executive order, five departments and agencies, including the DWR and the SWRCB, issued a final report on April 7, 2017, entitiled “Making Water Conservation a Way of Life.” Currently, there are seven policy bills and a budget trailer bill that directly relate to long-term efficiency.
In developing the “Making Water Conservation a Way of Life” report (Report), the agencies developed a collaborative program to formulate the long‐term framework for water conservation with public outreach and stakeholder engagement. The stakeholder engagement began with public listening sessions and then formed an urban advisory group in July 2016. The urban advisory group consisted of urban water suppliers, local government, academia, professional organizations, environmental advocates and other interested parties. The urban advisory group provided recommendations on long-term water use targets.
The general framework of all of the approaches to strengthen long-term efficiency is to require a baseline of water use that must be met, but permits the urban water supplier flexibility in how to meet that baseline. Beyond that general framework, this bill and the following two bills take different approaches:
- AB 1699 (Friedman), 2017, and the budget trailer bill would provide authority and require the SWRCB, in consultation with the DWR, to adopt long-term urban water use and conservation standards by May 20, 2021.
- AB 968 (Rubio), 2017, would establish a new 2025 water use efficiency requirement for urban retail water suppliers. AB 968 largely builds off of the existing 2020 requirements for water use efficiency.
This bill would renew the stakeholder process in 2018 and require a new report that examines long-term water standards and as part of the examination, among other things, considers the Report.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: April 25, 2017
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Eduardo Garcia, Chair
ABPCA Bill Id:AB 1323 (
Author:Weber) – As Introduced Ver:February 17, 2017
SUBJECT: Sustainable water use and demand reduction: stakeholder workgroup
SUMMARY: Requires the Department of Water Resources (DWR) to convene a stakeholder workgroup no later than February 1, 2018, to recommend new water use targets for urban water suppliers. Specifically, this bill:
- Requires the stakeholder workgroup to report to the governor and legislature by December 31, 2018, on methods to calculate new water use targets and enforcement requirements used to determine if water suppliers are in compliance with the water use targets.
- Requires the stakeholder workgroup to consider: the recommendations in “making water conservation a way of life” report, provisions of existing law on long-term water use, and unintended consequences that could negatively impact the economy, water infrastructure, and water supply.
- Requires the stakeholder workgroup to identify specific technical and financial assistance for water suppliers to meet new water use targets.
- Requires all expenses for the stakeholder workgroup to be the responsibility of nonstate agency stakeholders.
EXISTING LAW:
- Declares that because of the conditions prevailing in this state, the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be excercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare.
- Requires a 20 percent reduction in urban per capita water use on or before December 31, 2020.
- Requires each urban retail water supplier to develop an urban water use target based on one of the following methods:
- Water use of 80 percent of the urban retail water supplier’s baseline per capita water use.
- A water budget based on indoor use, outdoor use, and commercial, industrial and institutional uses.
- Water use of 95 percent of the applicable state hydrologic region target.
- A method developed by the DWR.
- Defines “base daily per capita water use” as the average of gross water use over a period of time that is no longer than 15 continuous years and no shorter than five continuous years beginning no earlier than December 31, 1989, and ending no later than December 31, 2010. Establishes the standard period to be the 10 continuous years from December 31, 2004, through December 31, 2010. Allows five additional years for an urban water supplier that meets at least 10% of its 2008 retail demand through recycled water.
- Defines “gross water use” as the total volume of water entering the distribution system of an urban retail water supplier, excluding among other things, recycled water.
- Defines “recycled water” as water, which as a result of treatment of waste, is suitable for a direct beneficial use that would not otherwise occur, that is used to offset potable demand.
- Requires the State Water Resources Control Board (SWRCB) to adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water loss no later than July 1, 2020.
FISCAL EFFECT: Unknown.
COMMENTS: This bill requires the DWR to convene a stakeholder workgroup no later than February 1, 2018, to recommend new water use targets for urban water suppliers. Requires the stakeholder group to report to the Governor and Legislature by December 31, 2018.
Author’s Statement:
Several bills have been introduced in the Legislature to propose the next iteration of long-term water use efficiency beyond the 2020 timeframe. Those bills represent different stakeholder perspectives, different visions of water use efficiency in California, different approaches to conservation and efficiency metrics, and are not consensus based approaches. It is unclear how all of these different perspectives will be, or can be, reconciled in a satisfactory manner. This bill has a mechanism – diverse stakeholder workgroup – to create consensus recommendations that could be advanced legislatively. Too much is at stake to rush through the process for developing California’s future water use efficiency and conservation framework in statute over the course of just a six-month legislative session. Crafting statutory language in such a condensed and abbreviated period of time is a path that could lead to a variety of unintended consequences. This bill would provide for a deliberate and meaningful process for a broad range of stakeholders to work on developing consensus recommendations for “Making Conservation a Way of Life” in California.
Background. The existing requirements to reduce urban per capita water use by 20 percent by 2020 began being implemented in 2011. The historic drought of 2012-2016 precipitated actions that will likely result in new long-term urban water use efficiency standards. On May 9, 2016, Governor Brown signed Executive Order B-37-16 to “make water conservation a way of life” in California. Among other things, the executive order required the DWR to work with the SWRCB to develop new long-term water use targets. Since the executive order, five departments and agencies including the DWR and the SWRCB issued a final report on April 7, 2017, on “making water conservation a way of life.” As of this writing, there are seven policy bills and a budget trailer bill that directly relate to long-term efficiency.
In developing the “making water conservation a way of life” report, the agencies developed a collaborative program to formulate the long‐term framework for water conservation with public outreach and stakeholder engagement. The stakeholder engagement began with public listening sessions and formed an urban advisory group in July 2016. The urban advisory group consisted of urban water suppliers, local government, academia, professional organizations, environmental advocates and other interested parties. The urban advisory group provided recommendations on long-term water use targets.
The general framework of all of the approaches to strengthen long-term efficiency is to require a baseline of water use that must be met, but permits the urban water supplier flexibility in how to meet that baseline. Beyond that general framework, the bills take different approaches.
AB 1699 (Friedman), 2017, and the budget trailer bill would provide authority and require the SWRCB, in consultation with the DWR, to adopt long-term urban water use and conservation standards by May 20, 2021.
AB 968 (Rubio), 2017, would establish a new 2025 water use efficiency requirement for urban retail water suppliers. AB 968 largely builds off of the existing 2020 requirements for water use efficiency.
This bill would renew the stakeholder process in 2018 and require a new report that examines long-term water standards and as part of the examination, among other things, considers the “making water conservation a way of life” report.
Prior and Related Legislation.
- SB 7 x7 (Steinberg), Chapter 4, Statutes of 2009, Seventh Extraordinary Session, requires the state to achieve a 20 percent reduction in urban per capita water use by December 31, 2020, and promotes expanded development of sustainable water supplies at the regional level.
- AB 968 (Rubio), 2017, establishes a new 2025 water use efficiency requirement for urban retail water suppliers.
- AB 1699 (Friedman), 2017, requires the SWRCB, in consultation with the DWR, to adopt long-term standards for urban water conservation and water use by May 20, 2021.
Supporting Arguments. The drought has reduced water demand measurably. Water agencies have also continued to make demonstrable progress toward compliance with existing statutory water use targets. This bill would provide for a deliberate and meaningful process for a broad range of stakeholders to work on developing consensus recommendations for not only making conservation a way of life in California, but making water use efficiency a way of life.
REGISTERED SUPPORT / OPPOSITION:
Support
San Diego County Water Authority
Opposition
None on file
Analysis Prepared by: Ryan Ojakian / W., P., & W. /
Discussed in Hearing
Assembly Floor
Assembly Standing Committee on Appropriations
Assembly Standing Committee on Water, Parks, and Wildlife
Bill Author
Bill Co-Author(s):