Existing law authorizes the governing board of a school district to initiate and carry on any program or activity, or to otherwise act in any manner, which is not in conflict or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established.

This bill would authorize the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system for purposes of reducing water use at schools, reducing stormwater and dry weather runoff at schools, reducing schoolsite water pollution, and establishing the basis for educational opportunities in water conservation. The bill would authorize a public water system to offer, as part of a partnership, a water rebate for a school that implements water-saving measures.

Existing law authorizes the governing board of a school district to initiate and carry on any program or activity, or to otherwise act in any manner, which is not in conflict or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established.

This bill would authorize the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system for purposes of reducing water use at schools, reducing stormwater and dry weather runoff at schools, reducing schoolsite water pollution, and establishing the basis for educational opportunities in water conservation. The bill would authorize a public water system to offer, as part of a partnership, a water rebate for a school that implements water-saving measures.

Existing law authorizes the governing board of a school district to initiate and carry on any program or activity, or to otherwise act in any manner, which is not in conflict or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established.

This bill would authorize the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system for purposes of reducing water use at schools, reducing stormwater and dry weather runoff at schools, reducing schoolsite water pollution, and establishing the basis for educational opportunities in water conservation. The bill would authorize a public water system to offer, as part of a partnership, a water rebate for a school that implements water-saving measures.

Existing law, the Stormwater Resource Planning Act, authorizes one or more public agencies to develop a stormwater resource plan that meets specified standards to address the capture of stormwater, as defined, and dry weather runoff, as defined. Existing law authorizes a public entity that captures stormwater from urban areas, in accordance with a stormwater resource plan, before the water reaches a natural channel to use the captured water to the extent that the water augments existing water supplies.

This bill would make a nonsubstantive change in these provisions.

 CONSENT  

Bill No: AB 1343

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 7-0, 6/14/17

AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 6/21/17

AYES: Wieckowski, Stone, Hill, Lara, Skinner, Stern

NO VOTE RECORDED: Gaines

ASSEMBLY FLOOR: 76-0, 5/4/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes school districts to enter into a Go Low Flow Water Conservation Partnership with a public water system to reduce water use at schools, reduce stormwater and dry weather runoff at schools, reduce schoolsite water pollution, and establish educational opportunities in water conservation.

ANALYSIS:

Existing federal law, the Clean Water Act:

1. Establishes the structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters.
2. Makes it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained.
3. Provides that the National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or man-made ditches. Municipal governments (as well as other facilities) are required to obtain NPDES permits to control their discharges go directly to surface waters, including stormwater.
4. Authorizes states to implement and enforce the NPDES permit program as long as the state’s provisions are as stringent as the federal requirements. In California, the State Water Resources Control Board (SWRCB) is the delegate agency responsible for the NPDES permit program. (United States Code, Title 33 §1251 et seq)

Existing state law:

1. Requires the state to achieve a 20-percent reduction in urban per capita water use by December 31, 2020. (Water Code § 10608.16 (a))
2. Requires SWRCB to develop a comprehensive guidance document for evaluating and measuring the effectiveness of municipal stormwater management programs undertaken, and permits issued, in accordance with the federal Clean Water Act. (Water Code § 13383.7)

This bill:

1. Authorizes the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system that provides water to the school district for purposes of reducing water use at schools, reducing stromwater and dry weather runoff at schools, reducing schoolsite water pollution, and establishing the basis for educational opportunities in water conservation.
2. Requires a partnership agreement to:
   1. Outline the terms of the partnership.
   2. Include a survey of water use at the school.
   3. List opportunities for implementing water conservation measures.
   4. Establish protocols for sharing information from the public water system to school information platforms, including but not limited to Internet Web sites, classroom handouts, and events.
3. Authorizes a public water system to offer, as part of a partnership, a rebate for a school that implements water-saving measures

Comments

1. Specific authority is unnecessary. This bill establishes a framework for partnerships and authorizes school districts and public water systems to enter into such partnerships. It is unnecessary to provide statutory authority to form a partnership, as the Education Code is permissive. Therefore, this bill is uncodified.

A prior analysis of this bill cites a concern from the author’s office that local water agencies may conduct outreach to commercial entities but do not outreach to schools about rebates and programs to reduce water use, such as rebates to install low-flow toilets. One purpose of this bill is to encourage school districts to seek information about such offers. However, it is unclear how this bill will encourage such partnerships. This bill does not offer incentives or require school districts or water agencies to seek or share information, respectively. School districts can currently partner with local water agencies without statutory authority.

The Association of California Water Agencies’ Web site lists numerous conservation programs, which include various educational and incentive components such as rebates for high efficiency toilets and urinals, smart irrigation controllers, rotating sprinkler nozzles, and turf replacement; free water use evaluations; and, sustainable landscape programs. Many water suppliers have programs for both commercial and residential customers; it appears that schools are eligible for rebates, water use evaluations, and other conservation tools.

1. Existing guidance to schools. The California Department of Education’s (CDE) Web site, as well as the Web site for the SWRCB, currently contains information relative to strategies for schools to conserve water, including information about grants and rebates as well as local partnerships.

Water conservation and stormwater pollution. The SWRCB adopted the Drought Response Outreach Program for Schools (DROPS) Guidelines in 2014. DROPS provides funds to local educational agencies to implement low impact development strategies designed to maintain predevelopment hydrology on school campuses. The projects will reduce stormwater pollution, increase stormwater retention, and recharge groundwater aquifers while creating multiple benefits, such as water conservation, water supply augmentation, and reduced dry weather runoff. Funded projects include an education and outreach component that is designed to increase student and public understanding of the project’s environmental benefits and the sustainability of California’s water resources directly related to the project. The CDE’s Web site includes “Drought Response Best Practices and Resources,” which specifically states in the first bullet of information:

“Contact your water purveyor(s) to discuss available programs and assistance that may be available. Many purveyors offer grants and rebates to help implement water conservation projects, as well as water audits, and assistance in developing lower water use landscaping. There may also be partnership opportunities, such as with local parks and recreation districts, to help with initial costs of water conservation projects.” [http://www.cde.ca.gov/ls/fa/sf/bpdrought.asp]

Water capture. According to the SWRCB, they have not traditionally issued guidance for stormwater capture systems. The SWRCB’s Storm Water Resource Plan Guidelines include methods for identification and prioritization of stormwater capture projects, including integrated metrics-based analysis. The analysis helps to determine if stormwater systems achieve standards, but the specific designs are determined by the permitted entity. [http://www.waterboards.ca.gov/water_issues/programs/grants_loans/swgp/docs/prop1/swrp_finalguidelines_dec2015.pdf]

The City of Los Angeles Department of Water and Power utilizes a Stormwater Capture Master Plan, but that plan does not include guidance to schools on water capture design standards. [https://www.ladwp.com/ladwp/faces/wcnav_externalId/a-w-stormwatercapturemp;jsessionid=bRbrYVgMh7vrX3Dyp0NvqJwtVy5YWhFbvJsnY252kLLHFrmpWFDn!-168235981?_afrLoop=23187576910085&_afrWindowMode=0&_afrWindowId=null#%40%3F_afrWindowId%3Dnull%26_afrLoop%3D23187576910085%26_afrWindowMode%3D0%26_adf.ctrl-state%3Dxucs5pzx3_4]

The California Stormwater Quality Association has a Best Management Practices handbook, but the handbook does not include guidance to schools on water capture design standards. [https://www.casqa.org/asca/los-angeles-stormwater-capture-master-plan-harvesting-local-stormwater-municipal-supply]

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/21/17)

California Association of Mutual Water Companies

California Domestic Water Company

La Habra Water Guardians

San Gabriel Valley Water Association

OPPOSITION: (Verified 6/21/17)

None received

ASSEMBLY FLOOR: 76-0, 5/4/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Bigelow, Cristina Garcia, Patterson

Prepared by:

6/23/17 10:27:46

**** END ****

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2017 - 2018 Regular

Bill No: AB 1343

SUBJECT: Water conservation: school districts: Go Low Flow Water Conservation Partnerships.

ANALYSIS:

Existing law:

1. Requires the governing board of a school district to adopt a local control and accountability plan and specifies state priorities, including the priority for school facilities to be maintained in good repair. (Education Code (EC) §52060)
2. Provides that a school district is eligible to receive an apportionment for the modernization of a permanent school building that is more than 25 years old or a portable classroom that is at least 20 years old. Provides that a school district is eligible to receive an additional apportionment for modernization of a permanent school building every 25 years after the date of the previous apportionment or a portable classroom every 20 years after the previous apportionment.
3. Requires the state to achieve a 20% reduction in urban per capita water use in California on or before December 31, 2020.
4. Requires the Department of Water Resources (DWR) to review the 2015 urban water management plans and report to the Legislature by July 1, 2017, on progress towards achieving a 20% reduction in urban water use by December 31, 2020. Requires the report to include recommendations on changes to water efficiency standards or urban water use targets to achieve the 20% reduction and to reflect updated efficiency information and technology changes.

This bill:

Authorizes the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system. Specifically:

1. Authorizes the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system that provides water to the school district for purposes of reducing water use at schools; reducing stormwater and dry weather runoff at schools; reducing schoolsite water pollution; and, establishing the basis for educational opportunities in water conservation.
2. Requires a partnership agreement to outline the terms of the partnership; include a survey of water use at the school; list opportunities for implementing water conservation measures; and, establish protocols for sharing information from the public water system to school information platforms, including, but not limited to, Internet Web sites, classroom handouts, and events.
3. Authorizes a public water system to offer, as part of a partnership, a rebate for a school that implements water-saving measures.

Background

1. Legislative action on water conservation in California: Recent legislative and executive action illustrates the state’s commitment to reducing water consumption. SB X7-7 (Steinberg, Chapter 4, Statutes of 2009) requires all water suppliers to increase water use efficiency. SB X7-7 sets an overall goal of reducing per capita urban water use by 20% by December 31, 2020, and required the state to make incremental progress towards this goal by reducing per capita water use by at least 10% by December 31, 2015. As required by the bill, urban water suppliers, defined as a water supplier that directly provides potable municipal water to more than 3,000 end users or that supplies more than 3,000 acre-feet of potable water annually at retail for municipal purposes, reported urban water conservation levels in their 2015 Urban Water Management Plans submitted to DWR by July 1, 2016. DWR is currently reviewing these documents and is drafting a report to submit to the Legislature by July 1, 2017.
2. Executive action on water conservation in California: After the passage of SB X7-7, in 2012, California headed into a five-year drought that prompted Governor Edmund G. Brown, on January 17, 2014, to proclaim a Drought State of Emergency. Key measures in the proclamation included asking all Californians to reduce water consumption by 20%. Since then, California’s ongoing response to the drought has been guided by a series of executive orders issued by the Governor. These included Executive Order B-29-15, which was issued April 1, 2015, and required the State Water Resources Control Board (SWRCB) to impose restrictions to achieve a statewide 25% reduction in potable urban water usage until February 2016.

On May 9, 2016, the Governor signed Executive Order B-37-16 to make water conservation a way of life in California. The Executive Order builds on the temporary statewide emergency water restrictions to establish longer-term water conservation measures, including making permanent monthly water use reporting; water use standards in California communities; and, bans on clearly wasteful practices such as hosing off sidewalks, driveways, and other hardscapes.

Following unprecedented water conservation efforts and plentiful winter rain and snow, on April 7, 2017, Governor Brown issued Executive Order B-40-17, which ended the Drought State of Emergency in all California counties except Fresno, Kings, Tulare, and Tuolumne, where emergency drinking water projects will continue to help address diminished groundwater supplies. The executive order maintains water reporting requirements and prohibitions on wasteful practices. Even though the drought state of emergency is all but over, the preceding years of drought conditions illustrated the importance of establishing long-term water conservation measures and improved planning for more frequent and severe droughts.

1. Drought Response Outreach Program for Schools (DROPS): In response to the Governor’s declaration of the Drought State of Emergency, SWRCB developed its DROPS Grant Program, which was capitalized with $30.2 million from Propositions 13, 40, and 50. DROPS provides funds to local educational agencies to implement low impact development strategies designed to maintain predevelopment hydrology on school campuses. The projects will reduce stormwater pollution, increase stormwater retention, and recharge groundwater aquifers while creating multiple benefits, such as water conservation, water supply augmentation, and reduced dry weather runoff. Funded projects include an education and outreach component that is designed to increase student and public understanding of the project’s environmental benefits and the sustainability of California’s water resources directly related to the project. While it appears that SWRCB has disbursed the available funds in the DROPS program, this program highlights the state’s interest in implementing conservation programs at schools.
2. Water suppliers and water conservation: In response to the drought; legislative, executive, and other conservation requirements; and, internal conservation goals and priorities, the Association of California Water Agencies (ACWA) asserts that California’s local water agencies are focused on long-term conservation and water efficiency. Local agencies continue to promote conservation programs and rebates, enforce water use restrictions, and make critical infrastructure investments. ACWA’s Internet Website lists dozens of links to water suppliers’ water conservation programs, which include various educational and incentive components such as rebates for high efficiency toilets and urinals, smart irrigation controllers, rotating sprinkler nozzles, and turf replacement; free water use evaluations; and, sustainable landscape programs. Many water suppliers have programs for both commercial and residential customers. Water suppliers, such as California Water Service, have relayed to the Committee that they currently work with schools and school districts on water conservation efforts, often through their commercial programs, through which schools are eligible for rebates, water use evaluations, and other conservation tools.

Comments

1. Purpose of Bill. According to the author, “AB 1343 will authorize school boards to enter into partnership agreements with public water system to encourage and implement water conservation measures, known as Go Low Flow Partnerships. These conservation measures would include low-flow toilets, water-efficient landscaping, and other measures that would achieve water conservation targets. The agreements must contain information that outline the terms of the partnership to include a survey of water use at the school, opportunities for implementing water conservation measures, and establish protocols for sharing information from water suppliers to school platforms, such as websites, classroom handouts and events…AB 1343 would also permit the public water suppliers, such as water districts and agencies, to offer rebates to school districts in order to help with the cost of installing water-efficient remedies.”

DOUBLE REFERRAL:

This measure was heard in Senate Education Committee on June 14, 2017, and passed out of committee with a vote of 7-0.

SOURCE:

Author

SUPPORT:

California Association of Mutual Water Companies

California Domestic Water Company

La Habra Water Guardians (5 Individuals)

San Gabriel Water Association

OPPOSITION:

None received

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: AB 1343 Hearing Date: June 14, 2017

Subject: Water conservation: school districts: Go Low Flow Water Conservation Partnerships

NOTE: This bill has been referred to the Committees on Education and Environmental Quality. A "do pass" motion should include referral to the Committee on Environmental Quality.

SUMMARY

This bill authorizes school districts to enter into a Go Low Flow Water Conservation Partnership with a public water system to reduce water use at schools, reduce stormwater and dry weather runoff at schools, reduce schoolsite water pollution, and establish educational opportunities in water conservation.

BACKGROUND

Water conservation

Existing law requires the state to achieve a 20 percent reduction in urban per capita water use by December 31, 2020. (Water Code § 10608.16 (a))

Water quality

Existing federal law, the Clean Water Act:

1. Establishes the structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters.
   
2. Makes it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained.
   
3. Provides that the National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or man-made ditches. Municipal governments (as well as other facilities) are required to obtain NPDES permits to control their discharges go directly to surface waters, including stormwater.
   
4. Authorizes states to implement and enforce the NPDES permit program as long as the state’s provisions are as stringent as the federal requirements. In California, the State Water Resources Control Board is the delegate agency responsible for the NPDES permit program. (United States Code, Title 33 §1251 et seq)

Existing state law requires State Water Resources Control Board (SWRCB) to develop a comprehensive guidance document for evaluating and measuring the effectiveness of municipal stormwater management programs undertaken, and permits issued, in accordance with the federal Clean Water Act. (Water Code § 13383.7)

ANALYSIS

This bill authorizes school districts to enter into a partnership with a public water system to reduce water use at schools, reduce stormwater and dry weather runoff at schools, reduce schoolsite water pollution, and establish educational opportunities in water conservation. Specifically, this bill:

1. Authorizes the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system that provides water to the school district for purposes of reducing water use at schools, reducing stromwater and dry weather runoff at schools, reducing schoolsite water pollution, and establishing the basis for educational opportunities in water conservation.
   
2. Requires a partnership agreement to:
   
   1. Outline the terms of the partnership.
      
   2. Include a survey of water use at the school.
      
   3. List opportunities for implementing water conservation measures.
      
   4. Establish protocols for sharing information from the public water system to school information platforms, including but not limited to Internet websites, classroom handouts, and events.
      
3. Authorizes a public water system to offer, as part of a partnership, a rebate for a school that implements water-saving measures.

STAFF COMMENTS

1. Need for the bill. According to the author, “Current law does not explicitly provide flexibility for school districts to enter into these partnerships and apply for rebates from water suppliers. AB 1343 will authorize school boards to enter into partnership agreements with public water systems to encourage and implement water conservation measures. AB 1343 would also permit the public water suppliers, such as water districts and agencies, to offer rebates to school districts in order to help with the cost of installing water-efficient remedies.”
   
2. Specific authority is unnecessary. This bill establishes a framework for partnerships and authorizes school districts and public water systems to enter into such partnerships. It is unnecessary to provide statutory authority to form a partnership, as the Education Code is permissive. Therefore, this bill is uncodified.
   
   A prior analysis of this bill cites a concern from the author’s office that local water agencies may conduct outreach to commercial entities but do not outreach to schools about rebates and programs to reduce water use, such as rebates to install low-flow toilets. One purpose of this bill is to encourage school districts to seek information about such offers. However, it is unclear how this bill will encourage such partnerships. The bill does not offer incentives or require school districts or water agencies to seek or share information, respectively. School districts can currently partner with local water agencies without statutory authority. The Committee may wish to consider whether this bill is necessary.
   
   The Association of California Water Agencies’ (ACWA) website lists numerous conservation programs, which include various educational and incentive components such as rebates for high efficiency toilets and urinals, smart irrigation controllers, rotating sprinkler nozzles, and turf replacement; free water use evaluations; and, sustainable landscape programs. Many water suppliers have programs for both commercial and residential customers; it appears that schools are eligible for rebates, water use evaluations, and other conservation tools.
   
3. Existing guidance to schools. The California Department of Education’s (CDE) website, as well as the website for the State Water Resources Control Board, currently contains information relative to strategies for schools to conserve water, including information about grants and rebates as well as local partnerships.
   
   Water conservation and stormwater pollution. The State Water Resources Control Board adopted the Drought Response Outreach Program for Schools (DROPS) Guidelines in 2014. DROPS provides funds to local educational agencies to implement low impact development strategies designed to maintain predevelopment hydrology on school campuses. The projects will reduce stormwater pollution, increase stormwater retention, and recharge groundwater aquifers while creating multiple benefits, such as water conservation, water supply augmentation, and reduced dry weather runoff. Funded projects include an education and outreach component that is designed to increase student and public understanding of the project’s environmental benefits and the sustainability of California’s water resources directly related to the project. The CDE’s website includes “Drought Response Best Practices and Resources,” which specifically states in the first bullet of information:
   

“Contact your water purveyor(s) to discuss available programs and assistance that may be available. Many purveyors offer grants and rebates to help implement water conservation projects, as well as water audits, and assistance in developing lower water use landscaping. There may also be partnership opportunities, such as with local parks and recreation districts, to help with initial costs of water conservation projects.” http://www.cde.ca.gov/ls/fa/sf/bpdrought.asp

Water capture. According to the State Water Resources Control Board, they have not traditionally issued guidance for stormwater capture systems. The State Water Resources Control Board’s Storm Water Resource Plan Guidelines include methods for identification and prioritization of stormwater capture projects, including integrated metrics-based analysis. The analysis helps to determine if stormwater systems achieve standards, but the specific designs are determined by the permitted entity. http://www.waterboards.ca.gov/water_issues/programs/grants_loans/swgp/docs/prop1/swrp_finalguidelines_dec2015.pdf

The City of Los Angeles Department of Water and Power utilizes a Stormwater Capture Master Plan, but that plan does not include guidance to schools on water capture design standards. https://www.ladwp.com/ladwp/faces/wcnav_externalId/a-w-stormwatercapturemp;jsessionid=bRbrYVgMh7vrX3Dyp0NvqJwtVy5YWhFbvJsnY252kLLHFrmpWFDn!-168235981?_afrLoop=23187576910085&_afrWindowMode=0&_afrWindowId=null#%40%3F_afrWindowId%3Dnull%26_afrLoop%3D23187576910085%26_afrWindowMode%3D0%26_adf.ctrl-state%3Dxucs5pzx3_4

The California Stormwater Quality Association has a Best Management Practices handbook, but the handbook does not include guidance to schools on water capture design standards. https://www.casqa.org/asca/los-angeles-stormwater-capture-master-plan-harvesting-local-stormwater-municipal-supply

1. Stormwater. Stormwater is defined as the runoff generated when precipitation from rain and snowmelt events flows over land or impervious surfaces without percolating into the ground. Stormwater is often considered a nuisance because it mobilizes pollutants such as motor oil and trash. In most cases, stormwater flows directly to water bodies through sewer systems, contributing a major source of pollution to rivers, lakes, and the ocean.
   
   The Municipal Storm Water Permitting Program, through the State Water Resources Control Board (a division of the California Environmental Protection Agency) regulates storm water discharges from municipal separate storm sewer systems (MS4s).
   
2. Related legislation. SB 541 (Allen) requires the California Department of Education, the State Water Resources Control Board, regional water quality control boards, and the Division of the State Architect (within the Department of General Services), to consult and recommend best design and use practices that include school facility water capture practices that can generally be applied to all new, reconstructed, or altered public schools, including school grounds. SB 541 is pending in the Assembly Education Committee.

SUPPORT

California Domestic Water Company

La Habra Water Guardians

San Gabriel Valley Water Association

OPPOSITION

None received

-- END --

Date of Hearing: April 25, 2017

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Bill Quirk, Chair

ABPCA Bill Id:AB 1343 (

Author:Chen) – As Amended Ver:April 4, 2017

SUBJECT: Water conservation: school districts: Go Low Flow Water Conservation Partnerships

SUMMARY: Authorizes the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system. Specifically, this bill:

1. Authorizes the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system that provides water to the school district for purposes of reducing water use at schools; reducing stormwater and dry weather runoff at schools; reducing schoolsite water pollution; and, establishing the basis for educational opportunities in water conservation.
2. Requires a partnership agreement to outline the terms of the partnership; include a survey of water use at the school; list opportunities for implementing water conservation measures; and, establish protocols for sharing information from the public water system to school information platforms, including, but not limited to, Internet Web sites, classroom handouts, and events.
3. Authorizes a public water system to offer, as part of a partnership, a rebate for a school that implements water-saving measures.

EXISTING LAW:

1. Requires the governing board of a school district to adopt a local control and accountability plan and specifies state priorities, including the priority for school facilities to be maintained in good repair. (Education Code (EC) § 52060)
2. Provides that a school district is eligible to receive an apportionment for the modernization of a permanent school building that is more than 25 years old or a portable classroom that is at least 20 years old. Provides that a school district is eligible to receive an additional apportionment for modernization of a permanent school building every 25 years after the date of the previous apportionment or a portable classroom every 20 years after the previous apportionment. (EC § 17073.15)
3. Requires the state to achieve a 20-percent reduction in urban per capita water use in California on or before December 31, 2020. (Water Code (WC) § 10608.16 (a))
4. Defines "urban retail water supplier" as a water supplier, either publicly or privately owned, that directly provides potable municipal water to more than 3,000 end users or that supplies more than 3,000 acre-feet of potable water annually at retail for municipal purposes. (WC § 10608.12. (p))
5. Requires each urban retail water supplier to develop urban water use targets and an interim urban water use target by July 1, 2011. (WC § 10608.20 (a)(1))
6. Provides that it is the intent of the Legislature that the urban water use targets developed by the urban retail water suppliers cumulatively result in a 20-percent reduction from the baseline daily per capita water use by December 31, 2020. (WC § 10608.20 (a)(2))
7. Requires each urban retail water supplier to meet its interim urban water use target by December 31, 2015. (WC § 10608.24 (a))
8. Requires each urban retail water supplier to meet its urban water use target by December 31, 2020. (WC § 10608.24 (b))
9. Requires the Department of Water Resources (DWR) to review the 2015 urban water management plans and report to the Legislature by July 1, 2017, on progress towards achieving a 20-percent reduction in urban water use by December 31, 2020. Requires the report to include recommendations on changes to water efficiency standards or urban water use targets to achieve the 20-percent reduction and to reflect updated efficiency information and technology changes. (WC § 10608.42 (a))

FISCAL EFFECT: This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Need for the bill: According to the author, "AB 1343 will authorize school boards to enter into partnership agreements with public water system to encourage and implement water conservation measures, known as Go Low Flow Partnerships. These conservation measures would include low-flow toilets, water-efficient landscaping, and other measures that would achieve water conservation targets. The agreements must contain information that outline the terms of the partnership to include a survey of water use at the school, opportunities for implementing water conservation measures, and establish protocols for sharing information from water suppliers to school platforms, such as websites, classroom handouts and events…AB 1343 would also permit the public water suppliers, such as water districts and agencies, to offer rebates to school districts in order to help with the cost of installing water-efficient remedies."

As climate change triggers warmer winter temperatures, which will likely reduce water retention in the Sierra Nevada snowpack and cause drier soil conditions, California droughts are predicted to become more frequent and persistent. Because of these new environmental conditions, long-term wise and efficient water use policy, and preparation for more frequent, persistent periods of limited water supply, is even more critical.

Legislative action on water conservation in California: Recent legislative and executive action illustrates the state's commitment to reducing water consumption. Senate Bill (SB) X7-7 (Steinberg, Chapter 4, Statutes of 2009) requires all water suppliers to increase water use efficiency. SB X7-7 sets an overall goal of reducing per capita urban water use by 20% by December 31, 2020, and required the state to make incremental progress towards this goal by reducing per capita water use by at least 10% by December 31, 2015. As required by the bill, urban water suppliers, defined as a water supplier that directly provides potable municipal water to more than 3,000 end users or that supplies more than 3,000 acre-feet of potable water annually at retail for municipal purposes, reported urban water conservation levels in their 2015 Urban Water Management Plans submitted to DWR by July 1, 2016. DWR is currently reviewing these documents and is drafting a report to submit to the Legislature by July 1, 2017.

Executive action on water conservation in California: After the passage of SB X7-7, in 2012, California headed into a 5 year drought that prompted Governor Edmund G. Brown, on January 17, 2014, to proclaim a Drought State of Emergency. Key measures in the proclamation included asking all Californians to reduce water consumption by 20 percent. Since then, California’s ongoing response to the drought has been guided by a series of executive orders issued by the Governor. These included Executive Order B-29-15, which was issued April 1, 2015, and required the State Water Resources Control Board (State Water Board) to impose restrictions to achieve a statewide 25% reduction in potable urban water usage until February 2016.

On May 9, 2016, the Governor signed Executive Order B-37-16 to make water conservation a way of life in California. The Executive Order builds on the temporary statewide emergency water restrictions to establish longer-term water conservation measures, including making permanent monthly water use reporting; water use standards in California communities; and, bans on clearly wasteful practices such as hosing off sidewalks, driveways, and other hardscapes

Following unprecedented water conservation efforts and plentiful winter rain and snow, on April 7, 2017, Governor Brown issued Executive Order B-40-17, which ended the Drought State of Emergency in all California counties except Fresno, Kings, Tulare, and Tuolumne, where emergency drinking water projects will continue to help address diminished groundwater supplies. The executive order maintains water reporting requirements and prohibitions on wasteful practices. Even though the drought state of emergency is all but over, the preceding years of drought conditions illustrated the importance of establishing long-term water conservation measures and improved planning for more frequent and severe droughts.

Drought Response Outreach Program for Schools (DROPS): In response to the Governor's declaration of the Drought State of Emergency, the State Water Board developed its DROPS Grant Program, which was capitalized with $30.2 million from Propositions 13, 40, and 50. DROPS provides funds to local educational agencies to implement low impact development strategies designed to maintain predevelopment hydrology on school campuses. The projects will reduce stormwater pollution, increase stormwater retention, and recharge groundwater aquifers while creating multiple benefits, such as water conservation, water supply augmentation, and reduced dry weather runoff. Funded projects include an education and outreach component that is designed to increase student and public understanding of the project’s environmental benefits and the sustainability of California’s water resources directly related to the project. While it appears that the State Water Board has disbursed the available funds in the DROPS program, this program highlights the state's interest in implementing conservation programs at schools.

Water suppliers and water conservation: In response to the drought; legislative, executive, and other conservation requirements; and, internal conservation goals and priorities, the Association of California Water Agencies (ACWA) asserts that California’s local water agencies are focused on long-term conservation and water efficiency. Local agencies continue to promote conservation programs and rebates, enforce water use restrictions, and make critical infrastructure investments. ACWA's website lists dozens of links to water suppliers' water conservation programs, which include various educational and incentive components such as rebates for high efficiency toilets and urinals, smart irrigation controllers, rotating sprinkler nozzles, and turf replacement; free water use evaluations; and, sustainable landscape programs. Many water suppliers have programs for both commercial and residential customers. Water suppliers, such as California Water Service, have relayed to the Committee that they currently work with schools and school districts on water conservation efforts, often through their commercial programs, through which schools are eligible for rebates, water use evaluations, and other conservation tools.

This bill authorizes school districts and public water systems to enter into a Go Low Flow Water Conservation Partnership for the purpose of devising strategies to reduce water use at schools, reduce stormwater and dry weather runoff, and reduce schoolsite water pollution.

While the author’s office acknowledges that water suppliers can and do implement outreach efforts and programs for water use conservation to commercial entities, including rebates and other offers, the author is concerned that suppliers often do not specifically target outreach efforts to, and programs for, schools and school districts. The purpose of this bill is to encourage water suppliers to directly outreach to and partner with school districts about water conservation programs and incentives, with a goal of both reducing water use and providing schools with resources to upgrade facilities.

Double referral: This bill was double referred to the Assembly Committee on Education, where it passed on April 19, 2017, on a 7 – 0 vote.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Shannon McKinney / E.S. & T.M. /

Date of Hearing: April 19, 2017

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 1343 (

Author:Chen) – As Amended Ver:April 4, 2017

[Note: This bill is doubled referred to the Assembly Environmental Safety and Toxic Materials Committee and will be heard by that Committee as it relates to issues under its jurisdiction.]

SUBJECT: Water conservation: school districts: Go Low Flow Water Conservation Partnerships

SUMMARY: Authorizes the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system. Specifically, this bill:

1. Authorizes the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system that provides water to the school district for purposes of reducing water use at schools, reducing stormwater and dry weather runoff at schools, reducing schoolsite water pollution, and establishing the basis for educational opportunities in water conservation.
2. Requires a partnership agreement to outline the terms of the partnership, include a survey of water use at the school, list opportunities for implementing water conservation measures, and establish protocols for sharing information from the public water system to school information platforms, including, but not limited to, Internet Web sites, classroom handouts, and events.
3. Authorizes a public water system to offer, as part of a partnership entered into pursuant to this bill, a rebate for a school that implements water-saving measures.

EXISTING LAW:

1. Requires the governing board of a school district to adopt a local control and accountability plan and specifies state priorities, including the priority for school facilities to be maintained in good repair. (Education Code (EC) Section 52060)
2. Defines "good repair" as a facility that is maintained in a manner that assures that it is clean, safe, and functional. (EC Section 17002)
3. Requires, under the Leroy F. Greene School Facilities Act of 1998, the State Allocation Board to allocate to applicant school districts prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. (EC Section 17070.10)
4. Provides that a school district is eligible to receive an apportionment for the modernization of a permanent school building that is more than 25 years old or a portable classroom that is at least 20 years old. A school district is eligible to receive an additional apportionment for modernization of a permanent school building every 25 years after the date of the previous apportionment or a portable classroom every 20 years after the previous apportionment. (EC Section 17073.15)
5. Requires school construction and modernization plans above specified thresholds to receive the approval of the Division of State Architect (DSA). (EC Section 17295)

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: School districts have the responsibility to maintain school facilities in good repair and ensure that they are safe. Funding for facilities come from local bonds approved by voters, state bond funds, developer fees and other types of property taxes for specific purposes (e.g., Mello Roos). School construction plans are governed by the DSA and Title 24 of the California Code of Regulations (the California State Building Codes), which includes the green building standards. New construction of schools and certain modernization projects may trigger green code requirements.

This bill authorizes school districts and public water agencies to enter into a Go Low Flow Water Conservation Partnership for the purpose of devising strategies to reduce water use at schools, reduce stormwater and dry weather runoff, and reduce schoolsite water pollution.

According to the author’s office, local water agencies may outreach to commercial entities but do not outreach to schools about rebates and programs to reduce water use, such as rebates to install low-flow toilets. Part of the purpose of this bill is to encourage school districts to seek information about such offers. However, it is unclear how this bill will encourage such partnerships. The bill does not offer incentives or require school districts or water agencies to seek or share information, respectively. School districts can currently partner with local water agencies without statutory authority. The Committee may wish to consider whether this bill is necessary.

Moreover, state funds have been available through various state bond programs that are consistent with the goals of this bill, such as the Drought Response Outreach Program for Schools (DROPS) administered by the State Water Resources Control Board. According to the Water Board’s Internet Web site, “DROPS is focused on projects that reduce stormwater pollution and provide multiple benefits including water conservation, water supply augmentation, energy savings, increased awareness of water resource sustainability, and reduced dry weather runoff. All projects must include an education/outreach component that is designed to increase student and public understanding of the project's environmental benefits and the sustainability of California's water resources directly related to the project.”

If the author wishes to develop a more substantive bill, the author may wish to consider amending the bill to require water agencies or companies with rebates to share the information with school districts.

If the author wishes to have a vehicle for educational or promotional purposes, the author may wish to do the following:

• Introduce a resolution promoting water conservation programs and encouraging school districts to seek funds.
• Introduce a resolution encouraging water agencies to outreach to schools regarding rebates they may have available.

Committee amendment: Staff recommends an amendment to uncodify the bill.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087