Bill Text: CA SB267 | 2011-2012 | Regular Session | Chaptered

California Senate Bill 267 (Prior Session Legislation)

Bill Title: Water supply planning: renewable energy plants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-08 - Chaptered by Secretary of State. Chapter 588, Statutes of 2011. [SB267 Detail]

Download: California-2011-SB267-Chaptered.html

BILL NUMBER: SB 267	CHAPTERED
	BILL TEXT

	CHAPTER  588
	FILED WITH SECRETARY OF STATE  OCTOBER 8, 2011
	APPROVED BY GOVERNOR  OCTOBER 8, 2011
	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  AUGUST 25, 2011
	AMENDED IN ASSEMBLY  AUGUST 22, 2011
	AMENDED IN SENATE  APRIL 13, 2011
	AMENDED IN SENATE  MARCH 17, 2011

INTRODUCED BY   Senator Rubio

                        FEBRUARY 14, 2011

   An act to amend, repeal, and add Section 10912 of the Water Code,
relating to water, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 267, Rubio. Water supply planning: renewable energy plants.
   (1) Existing law requires a city or county that determines a
project is subject to the California Environmental Quality Act to
identify any public water system that may supply water for the
project and to request those public water systems to prepare a
specified water supply assessment. If no public water system is
identified, the city or county is required to prepare the water
supply assessment.
   Existing law defines "project" for purposes of the above
provisions as, among other things, a proposed industrial,
manufacturing, or processing plant, or industrial park planned to
house more than 1,000 persons, occupying more than 40 acres of land,
or having more than 650,000 square feet of floor area.
   This bill, until January 1, 2017, would revise the definition of
"project" to exclude a proposed photovoltaic or wind energy
generation facility, approved on or after the effective date of the
bill, that would demand no more than 75 acre-feet of water annually.
   The bill, by revising the definition of "project," would impose
new duties on local agencies with respect to determining whether a
project is subject to the water supply assessment requirements,
thereby imposing a state-mandated local program.
   (2) 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 no reimbursement is required by this
act for a specified reason.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.


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

  SECTION 1.  Section 10912 of the Water Code is amended to read:
   10912.  For the purposes of this part, the following terms have
the following meanings:
   (a) "Project" means any of the following:
   (1) A proposed residential development of more than 500 dwelling
units.
   (2) A proposed shopping center or business establishment employing
more than 1,000 persons or having more than 500,000 square feet of
floor space.
   (3) A proposed commercial office building employing more than
1,000 persons or having more than 250,000 square feet of floor space.

   (4) A proposed hotel or motel, or both, having more than 500
rooms.
   (5) (A) Except as otherwise provided in subparagraph (B), a
proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons, occupying
more than 40 acres of land, or having more than 650,000 square feet
of floor area.
   (B) A proposed photovoltaic or wind energy generation facility
approved on or after the effective date of the amendments made to
this section at the 2011-12 Regular Session is not a project if the
facility would demand no more than 75 acre-feet of water annually.
   (6) A mixed-use project that includes one or more of the projects
specified in this subdivision.
   (7) A project that would demand an amount of water equivalent to,
or greater than, the amount of water required by a 500 dwelling unit
project.
   (b) If a public water system has fewer than 5,000 service
connections, then "project" means any proposed residential, business,
commercial, hotel or motel, or industrial development that would
account for an increase of 10 percent or more in the number of the
public water system's existing service connections, or a mixed-use
project that would demand an amount of water equivalent to, or
greater than, the amount of water required by residential development
that would represent an increase of 10 percent or more in the number
of the public water system's existing service connections.
   (c) "Public water system" means a system for the provision of
piped water to the public for human consumption that has 3,000 or
more service connections. A public water system includes all of the
following:
   (1) Any collection, treatment, storage, and distribution facility
under control of the operator of the system that is used primarily in
connection with the system.
   (2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with the
system.
   (3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.
   (d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
  SEC. 2.  Section 10912 is added to the Water Code, to read:
   10912.  For the purposes of this part, the following terms have
the following meanings:
   (a) "Project" means any of the following:
   (1) A proposed residential development of more than 500 dwelling
units.
   (2) A proposed shopping center or business establishment employing
more than 1,000 persons or having more than 500,000 square feet of
floor space.
   (3) A proposed commercial office building employing more than
1,000 persons or having more than 250,000 square feet of floor space.

   (4) A proposed hotel or motel, or both, having more than 500
rooms.
   (5) A proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons, occupying
more than 40 acres of land, or having more than 650,000 square feet
of floor area.
   (6) A mixed-use project that includes one or more of the projects
specified in this subdivision.
   (7) A project that would demand an amount of water equivalent to,
or greater than, the amount of water required by a 500 dwelling unit
project.
   (b) If a public water system has fewer than 5,000 service
connections, then "project" means any proposed residential, business,
commercial, hotel or motel, or industrial development that would
account for an increase of 10 percent or more in the number of the
public water system's existing service connections, or a mixed-use
project that would demand an amount of water equivalent to, or
greater than, the amount of water required by residential development
that would represent an increase of 10 percent or more in the number
of the public water system's existing service connections.
   (c) "Public water system" means a system for the provision of
piped water to the public for human consumption that has 3,000 or
more service connections. A public water system includes all of the
following:
   (1) Any collection, treatment, storage, and distribution facility
under control of the operator of the system that is used primarily in
connection with the system.
   (2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with the
system.
   (3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.
   (d) This section shall become operative on January 1, 2017.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure renewable energy projects are approved in a
timely manner, it is necessary that this act take effect immediately.