Bill Text: CA AB1371 | 2009-2010 | Regular Session | Amended

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Bill Title: Reasonable use of water: generating facilities.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1371 Detail]

Download: California-2009-AB1371-Amended.html

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BILL NUMBER: AB 1371	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2009
	AMENDED IN ASSEMBLY  APRIL 20, 2009

INTRODUCED BY   Assembly Member Smyth
    (   Coauthor:   Assembly Member  
Fuentes   ) 

                        FEBRUARY 27, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1371, as amended, Smyth. Reasonable use of water: generating
facilities.
   The California Constitution provides that the right to water shall
be limited to that amount of water that is reasonably required for
the beneficial use to be served. Existing law declares that the use
of potable domestic water for cooling towers is a waste or on
unreasonable use of water if recycled water is available and other
requirements are met.
   This bill would declare that the use of potable domestic water for
cooling towers that are part of a generating facility that is an
eligible renewable energy resource is a reasonable use of water if
certain conditions are met.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 13552.7 is added to the Water Code, to read:
   13552.7.  (a) The Legislature finds and declares that it is in the
interest of the State of California to construct generating
facilities that are eligible renewable energy resources, as described
in Article 16 (commencing with Section 399.11) of Chapter 2.3 of
Part 1 of Division 1 of the Public Utilities Code.
   (b) Notwithstanding Section 1352.6, the use of potable domestic
water for cooling towers that are part of a generating facility that
is an eligible renewable energy resource is a reasonable use of water
within the meaning of Section 2 of Article X of the California
Constitution if  both   all  of the
following apply:
   (1) The renewable energy resource meets the requirements of
Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1
of Division 1 of the Public Utilities Code. 
   (2) The facility is a project for which a negative declaration was
certified pursuant to the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code.  
   (2) The operation of the facility would not have a significant
environmental impact after mitigation measures are implemented to
protect groundwater resources due to the use of potable domestic
water as described in this subdivision.  
   (3) The State Energy Resources Conservation and Development
Commission or the state board, after a notice and hearing, determines
that the use is a reasonable use of water.