Bill Text: CA AB755 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Water: public entity: water usage demand analysis.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 542, Statutes of 2023. [AB755 Detail]

Download: California-2023-AB755-Amended.html

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Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 755

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Introduced by Assembly Member Papan

February 13, 2023

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An act to amend Section 201 of the Public Utilities Code, relating to public utilities. add Chapter 3.8 (commencing with Section 390) to Division 1 of the Water Code, relating to water.

LEGISLATIVE COUNSEL'S DIGEST

AB 755, as amended, Papan. Public Utilities Act. Water: public entity: cost-of-service analysis.

Existing law authorizes a public entity that supplies water at retail or wholesale within its service area to adopt, in accordance with specified procedures, and enforce a water conservation program.

This bill would require a public entity, as defined, that conducts a cost-of-service analysis, as defined, to identify the incremental costs incurred by the major water users, as described, in the single-family residential class and the incremental costs that would be avoided if major water users met a specified efficiency goal. The bill would also require the incremental costs incurred by the major water users to be made publicly available by posting the information on the public entity’s internet website. By requiring a higher level of service of public entities, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. The California Constitution grants the commission certain general powers over public utilities, subject to control by the Legislature, and authorizes the Legislature, unlimited by the other provisions of the California Constitution, to confer on the commission additional authority and jurisdiction.

The Public Utilities Act contains laws directing the commission’s regulation of public utilities.

This bill would make nonsubstantive changes to the law naming the act.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Chapter 3.8 (commencing with Section 390) is added to Division 1 of the Water Code, to read:

CHAPTER  3.8. Water: Cost-of-Service Analysis

390.

 For purposes of this chapter, the following terms have the following meanings:

(a) “Cost-of-service analysis” means the analysis conducted to determine water usage patterns and demands placed on the system by various customer classes.

(b) “Efficiency goal” means the long-term standards for efficient water use, as developed by the board, pursuant to Section 10609.2.

(c) “Incremental costs” means the costs of water service, including capital costs and operation and maintenance costs, that the public entity incurs directly, or by contract, as a result of the use of water by the systems’ major water users and may include any of the following:

(1) Conservation best management practices, conservation education, irrigation controls and other conservation devices, and other demand management measures.

(2) Water system retrofitting, dual plumbing and facilities for production, distribution, and all uses of recycled water and other alternative water supplies.

(3) Projects and programs for the prevention, control, or treatment of the runoff of water from irrigation and other outdoor water uses. Incremental costs does not include the costs of stormwater management systems and programs.

(4) Securing dry year water supply arrangements.

(5) Procuring water supplies, including supply or capacity contracts for water supply rights or entitlements.

(6) Energy costs for water delivery.

(d) “Major water user” means the top 10 percent of water users in a given customer class since the last cost of service analysis.

(e) “Public entity” means a city, whether general law or chartered, county, city and county, special district, agency, authority, any other municipal public corporation or district, or any other political subdivision of the state that provides retail water service and that is an urban water supplier, as defined in Section 10617.

390.1.

 (a) Whenever a public entity conducts a cost-of-service analysis, that entity shall identify both of the following:

(1) The incremental costs incurred by the major water users in the single-family residential class.

(2) The incremental costs that would be avoided if major water users met a specified efficiency goal.

(b) The incremental costs incurred by the major water users, as identified pursuant to subdivision (a), shall be made publicly available by posting the information on the public entity’s internet website.

SEC. 2.

 The Legislature finds and declares that water conservation is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 390.1 to the Water Code applies to all cities, including charter cities.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1.Section 201 of the Public Utilities Code is amended to read:

201.

This part shall be known, and may be cited, as the “Public Utilities Act.”