Bill Text: CA SB1330 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Urban retail water supplier: water use.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-08-15 - August 15 hearing: Held in committee and under submission. [SB1330 Detail]

Download: California-2023-SB1330-Amended.html

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Amended  IN  Senate  April 24, 2024

Amended  IN  Senate  March 19, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1330

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Introduced by Senator Archuleta
(Coauthors: Senators Alvarado-Gil and Newman)

February 16, 2024

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An act to amend Sections 1846.5, 10609.14, 10609.20, 10609.24, 10609.26, and 10609.33 of the Water Code, relating to water.

LEGISLATIVE COUNSEL'S DIGEST

SB 1330, as amended, Archuleta. Urban retail water supplier: water use.

Existing law requires the Department of Water Resources, in coordination with the State Water Resources Control Board, to conduct necessary studies and investigations, and recommend for adoption by the board appropriate variances for unique uses that can have a material effect on an urban retail water supplier’s urban water use objective. Existing law requires the department, in recommending variances, to also recommend a threshold of significance for each recommended variance. Existing law requires an urban retail water supplier to request and receive approval by the board for inclusion of a variance in calculating their water use objective. Existing law requires the board to post specified information on its internet website relating to variances, including a list of all urban retail water suppliers with approved variances.

This bill would require the board to adopt variances recommended by the department for unique uses that can have a material effect on an urban retail water supplier’s urban water use objective. The bill would provide that variances adopted by the board shall not be subject to a threshold of significance. The bill would require an urban retail water supplier to self-certify the amount of water included in its urban water use objective that is attributable to a variance. The bill would require the board to randomly audit a select number of variances each year to ensure the self-certifications are based on variances adopted by the board. The bill would delete the provision relating to posting specified information about variances on the board’s internet website and the provision requiring an urban retail water supplier to request and receive approval by the board for inclusion of a variance in calculating their water use objective.

Existing law requires an urban retail water supplier to calculate its urban water use objective no later than January 1, 2024, and by January 1 every year thereafter. Existing law requires each urban retail water supplier’s water use objective to be composed of the sum of specified aggregate estimates, including efficient outdoor irrigation of landscape areas with dedicated irrigation meters or equivalent technology in connection with water used by commercial water users, industrial water users, institutional water users, and large landscape water users (CII). Existing law requires an urban retail water supplier to submit reports to the department, Department of Water Resources, as provided, by the same dates.

This bill would require the department to collect and update data for outdoor residential landscapes and CII landscapes at least once every 10 years and post the data on its internet website. The bill would authorize an urban retail water supplier to submit reports by January 1 or July 1 whether reporting is submitted on a calendar year or fiscal year basis. The bill would require, as part of the report to be submitted in 2026, each urban retail water supplier to provide a narrative that describes the water demand management measures that the supplier plans to implement to achieve its urban water use objective by January 1, 2030.

Existing law authorizes the board, State Water Resources Control Board, on or after January 1, 2024, to issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective. Existing law authorizes the board, on and after January 1, 2025, to issue a written notice to an urban retail water supplier that does not meet its urban water use objective. Existing law authorizes the board, on and after January 1, 2026, to issue a conservation order to an urban retail water supplier that does not meet its urban water use objective.

This bill would instead extend the time by which the board is authorized to issue informational orders to on or after January 1, 2026, issue a written notice to on or after January 1, 2027, and issue a conservation order to on or after January 1, 2030. 2028.

Existing law requires the department, in coordination with the board, to submit a report to the Legislature on the progress of urban retail water suppliers towards achieving their urban water use objective on or before January 1, 2028.

The bill would instead require the report to be submitted to the Legislature on or before January 1, 2030.

Existing law provides that an urban retail water supplier who violates certain regulations after November 1, 2027, may be liable for specified penalties, as provided.

This bill would instead provide that urban retail water suppliers may be liable for specified penalties for violating those regulations after November 1, 2031. 2029.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 1846.5 of the Water Code is amended to read:

1846.5.

 (a) An urban retail water supplier who commits any of the violations identified in subdivision (b) may be liable in an amount not to exceed the following, as applicable:

(1) If the violation occurs in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, ten thousand dollars ($10,000) for each day in which the violation occurs.

(2) For all violations other than those described in paragraph (1), one thousand dollars ($1,000) for each day in which the violation occurs.

(b) Liability pursuant to this section may be imposed for any of the following violations:

(1) Violation of an order issued under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6.

(2) Violation of a regulation issued under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6, if the violation occurs after November 1, 2031. 2029.

(c) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.

(d) Civil liability may be imposed administratively by the board pursuant to Section 1055.

SEC. 2.Section 10609.14 of the Water Code is amended to read:

10609.14.

(a)The board shall adopt variances recommended by the department in accordance with this chapter for unique uses that can have a material effect on an urban retail water supplier’s urban water use objective.

(b)Appropriate variances may include, but are not limited to, allowances for the following:

(1)Significant use of evaporative coolers.

(2)Significant populations of horses and other livestock.

(3)Significant fluctuations in seasonal populations.

(4)Significant landscaped areas irrigated with recycled water having high levels of total dissolved solids.

(5)Significant use of water for soil compaction and dust control.

(6)Significant use of water to supplement ponds and lakes to sustain wildlife.

(7)Significant use of water to irrigate vegetation for fire protection.

(8)Significant use of water for commercial or noncommercial agricultural use.

(c)Variances adopted by the board shall not be subject to a threshold of significance. Any amount of water for a unique use shall be added to an urban retail water supplier’s urban water use objective.

(d)An urban retail water supplier shall self-certify the amount of water included in its urban water use objective that is attributable to a variance. The board shall randomly audit a select number of variances each year to ensure the self-certifications are based on variances adopted by the board pursuant to subdivision (a).

SEC. 3.SEC. 2.

 Section 10609.20 of the Water Code is amended to read:

10609.20.

 (a) Each urban retail water supplier shall calculate its urban water use objective no later than January 1, 2024, and by January 1 every year thereafter.

(b) The calculation shall be based on the urban retail water supplier’s water use conditions for the previous calendar or fiscal year.

(c) Each urban water supplier’s urban water use objective shall be composed of the sum of the following:

(1) Aggregate estimated efficient indoor residential water use.

(2) Aggregate estimated efficient outdoor residential water use.

(3) Aggregate estimated efficient outdoor irrigation of landscape areas with dedicated irrigation meters or equivalent technology in connection with CII water use.

(4) Aggregate estimated efficient water losses.

(5) Aggregate estimated water use in accordance with variances, as appropriate.

(d) (1) An urban retail water supplier that delivers water from a groundwater basin, reservoir, or other source that is augmented by potable reuse water may adjust its urban water use objective by a bonus incentive calculated pursuant to this subdivision.

(2) The water use objective bonus incentive shall be the volume of its potable reuse delivered to residential water users and to landscape areas with dedicated irrigation meters in connection with CII water use, on an acre-foot basis.

(3) The bonus incentive pursuant to paragraph (1) shall be limited in accordance with one of the following:

(A) The bonus incentive shall not exceed 15 percent of the urban water supplier’s water use objective for any potable reuse water produced at an existing facility.

(B) The bonus incentive shall not exceed 10 percent of the urban water supplier’s water use objective for any potable reuse water produced at any facility that is not an existing facility.

(4) For purposes of this subdivision, “existing facility” means a facility that meets all of the following:

(A) The facility has a certified environmental impact report, mitigated negative declaration, or negative declaration on or before January 1, 2019.

(B) The facility begins producing and delivering potable reuse water on or before January 1, 2022.

(C) The facility uses microfiltration and reverse osmosis technologies to produce the potable reuse water.

(e) (1) The calculation of the urban water use objective shall be made using landscape area and other data provided by the department and pursuant to the standards, guidelines, and methodologies adopted by the board. The department shall provide data to the urban water supplier at a level of detail sufficient to allow the urban water supplier to verify its accuracy at the parcel level.

(2) Notwithstanding paragraph (1), an urban retail water supplier may use alternative data in calculating the urban water use objective if the supplier demonstrates to the department that the alternative data are equivalent, or superior, in quality and accuracy to the data provided by the department. The department may provide technical assistance to an urban retail water supplier in evaluating whether the alternative data are appropriate for use in calculating the supplier’s urban water use objective.

(f) The department shall collect and update data for outdoor residential landscapes and CII landscapes at least once every 10 years. The department shall post the data on its internet website.

SEC. 4.SEC. 3.

 Section 10609.24 of the Water Code is amended to read:

10609.24.

 (a) An urban retail water supplier shall submit a report to the department no later than January 1, 2024, and by January 1 or July 1 every year thereafter, whether reporting is submitted on a calendar year or fiscal year basis. The report shall include all of the following:

(1) The urban water use objective calculated pursuant to Section 10609.20 along with relevant supporting data.

(2) The actual urban water use calculated pursuant to Section 10609.22 along with relevant supporting data.

(3) Documentation of the implementation of the performance measures for CII water use.

(4) A description of the progress made towards meeting the urban water use objective.

(5) The validated water loss audit report conducted pursuant to Section 10608.34.

(b) The department shall post the reports and information on its internet website.

(c) The board may issue an information order or conservation order to, or impose civil liability on, an entity or individual for failure to submit a report required by this section.

(d) As part of the report to be submitted in 2026, each urban retail water supplier shall provide a narrative that describes the water demand management measures that the supplier plans to implement to achieve its urban water use objective by January 1, 2030.

SEC. 5.SEC. 4.

 Section 10609.26 of the Water Code is amended to read:

10609.26.

 (a) (1) On and after January 1, 2026, the board may issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective required by this chapter. Informational orders are intended to obtain information on supplier activities, water production, and conservation efforts in order to identify technical assistance needs and assist urban water suppliers in meeting their urban water use objectives.

(2) In determining whether to issue an informational order, the board shall consider the degree to which the urban retail water supplier is not meeting its urban water use objective, information provided in the report required by Section 10609.24, and actions the urban retail water supplier has implemented or will implement in order to help meet the urban water use objective.

(3) The board shall share information received pursuant to this subdivision with the department.

(4) An urban water supplier may request technical assistance from the department. The technical assistance may, to the extent available, include guidance documents, tools, and data.

(b) On and after January 1, 2027, the board may issue a written notice to an urban retail water supplier that does not meet its urban water use objective required by this chapter. The written notice may warn the urban retail water supplier that it is not meeting its urban water use objective described in Section 10609.20 and is not making adequate progress in meeting the urban water use objective, and may request that the urban retail water supplier address areas of concern in its next annual report required by Section 10609.24. In deciding whether to issue a written notice, the board may consider whether the urban retail water supplier has received an informational order, the degree to which the urban retail water supplier is not meeting its urban water use objective, information provided in the report required by Section 10609.24, and actions the urban retail water supplier has implemented or will implement in order to help meet its urban water use objective.

(c) (1) On and after January 1, 2030, 2028, the board may issue a conservation order to an urban retail water supplier that does not meet its urban water use objective. A conservation order may consist of, but is not limited to, referral to the department for technical assistance, requirements for education and outreach, requirements for local enforcement, and other efforts to assist urban retail water suppliers in meeting their urban water use objective.

(2) In issuing a conservation order, the board shall identify specific deficiencies in an urban retail water supplier’s progress towards meeting its urban water use objective, and identify specific actions to address the deficiencies.

(3) The board may request that the department provide an urban retail water supplier with technical assistance to support the urban retail water supplier’s actions to remedy the deficiencies.

(d) A conservation order issued in accordance with this chapter may include requiring actions intended to increase water-use efficiency, but shall not curtail or otherwise limit the exercise of a water right, nor shall it require the imposition of civil liability pursuant to Section 377.

SEC. 6.SEC. 5.

 Section 10609.33 of the Water Code is amended to read:

10609.33.

 (a) On or before January 1, 2030, the department, in coordination with the board, shall submit a report to the Legislature on the progress of urban retail water suppliers towards achieving their urban water use objective pursuant to Section 10609.20.

(b) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2034, pursuant to Section 10231.5 of the Government Code.

(2) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.