SECTIONS 10630-10634 - California Statutes

WATER CODE

SECTION 10630-10634

10630. It is the intention of the Legislature, in enacting this
part, to permit levels of water management planning commensurate with
the numbers of customers served and the volume of water supplied.

10631. A plan shall be adopted in accordance with this chapter that
shall do all of the following:
(a) Describe the service area of the supplier, including current
and projected population, climate, and other demographic factors
affecting the supplier's water management planning. The projected
population estimates shall be based upon data from the state,
regional, or local service agency population projections within the
service area of the urban water supplier and shall be in five-year
increments to 20 years or as far as data is available.
(b) Identify and quantify, to the extent practicable, the existing
and planned sources of water available to the supplier over the same
five-year increments described in subdivision (a). If groundwater is
identified as an existing or planned source of water available to
the supplier, all of the following information shall be included in
the plan:
(1) A copy of any groundwater management plan adopted by the urban
water supplier, including plans adopted pursuant to Part 2.75
(commencing with Section 10750), or any other specific authorization
for groundwater management.
(2) A description of any groundwater basin or basins from which
the urban water supplier pumps groundwater. For those basins for
which a court or the board has adjudicated the rights to pump
groundwater, a copy of the order or decree adopted by the court or
the board and a description of the amount of groundwater the urban
water supplier has the legal right to pump under the order or decree.
For basins that have not been adjudicated, information as to whether
the department has identified the basin or basins as overdrafted or
has projected that the basin will become overdrafted if present
management conditions continue, in the most current official
departmental bulletin that characterizes the condition of the
groundwater basin, and a detailed description of the efforts being
undertaken by the urban water supplier to eliminate the long-term
overdraft condition.
(3) A detailed description and analysis of the location, amount,
and sufficiency of groundwater pumped by the urban water supplier for
the past five years. The description and analysis shall be based on
information that is reasonably available, including, but not limited
to, historic use records.
(4) A detailed description and analysis of the amount and location
of groundwater that is projected to be pumped by the urban water
supplier. The description and analysis shall be based on information
that is reasonably available, including, but not limited to, historic
use records.
(c) (1) Describe the reliability of the water supply and
vulnerability to seasonal or climatic shortage, to the extent
practicable, and provide data for each of the following:
(A) An average water year.
(B) A single dry water year.
(C) Multiple dry water years.
(2) For any water source that may not be available at a consistent
level of use, given specific legal, environmental, water quality, or
climatic factors, describe plans to supplement or replace that
source with alternative sources or water demand management measures,
to the extent practicable.
(d) Describe the opportunities for exchanges or transfers of water
on a short-term or long-term basis.
(e) (1) Quantify, to the extent records are available, past and
current water use, over the same five-year increments described in
subdivision (a), and projected water use, identifying the uses among
water use sectors, including, but not necessarily limited to, all of
the following uses:
(A) Single-family residential.
(B) Multifamily.
(C) Commercial.
(D) Industrial.
(E) Institutional and governmental.
(F) Landscape.
(G) Sales to other agencies.
(H) Saline water intrusion barriers, groundwater recharge, or
conjunctive use, or any combination thereof.
(I) Agricultural.
(2) The water use projections shall be in the same five-year
increments described in subdivision (a).
(f) Provide a description of the supplier's water demand
management measures. This description shall include all of the
following:
(1) A description of each water demand management measure that is
currently being implemented, or scheduled for implementation,
including the steps necessary to implement any proposed measures,
including, but not limited to, all of the following:
(A) Water survey programs for single-family residential and
multifamily residential customers.
(B) Residential plumbing retrofit.
(C) System water audits, leak detection, and repair.
(D) Metering with commodity rates for all new connections and
retrofit of existing connections.
(E) Large landscape conservation programs and incentives.
(F) High-efficiency washing machine rebate programs.
(G) Public information programs.
(H) School education programs.
(I) Conservation programs for commercial, industrial, and
institutional accounts.
(J) Wholesale agency programs.
(K) Conservation pricing.
(L) Water conservation coordinator.
(M) Water waste prohibition.
(N) Residential ultra-low-flush toilet replacement programs.
(2) A schedule of implementation for all water demand management
measures proposed or described in the plan.
(3) A description of the methods, if any, that the supplier will
use to evaluate the effectiveness of water demand management measures
implemented or described under the plan.
(4) An estimate, if available, of existing conservation savings on
water use within the supplier's service area, and the effect of the
savings on the supplier's ability to further reduce demand.
(g) An evaluation of each water demand management measure listed
in paragraph (1) of subdivision (f) that is not currently being
implemented or scheduled for implementation. In the course of the
evaluation, first consideration shall be given to water demand
management measures, or combination of measures, that offer lower
incremental costs than expanded or additional water supplies. This
evaluation shall do all of the following:
(1) Take into account economic and noneconomic factors, including
environmental, social, health, customer impact, and technological
factors.
(2) Include a cost-benefit analysis, identifying total benefits
and total costs.
(3) Include a description of funding available to implement any
planned water supply project that would provide water at a higher
unit cost.
(4) Include a description of the water supplier's legal authority
to implement the measure and efforts to work with other relevant
agencies to ensure the implementation of the measure and to share the
cost of implementation.
(h) Include a description of all water supply projects and water
supply programs that may be undertaken by the urban water supplier to
meet the total projected water use as established pursuant to
subdivision (a) of Section 10635. The urban water supplier shall
include a detailed description of expected future projects and
programs, other than the demand management programs identified
pursuant to paragraph (1) of subdivision (f), that the urban water
supplier may implement to increase the amount of the water supply
available to the urban water supplier in average, single-dry, and
multiple-dry water years. The description shall identify specific
projects and include a description of the increase in water supply
that is expected to be available from each project. The description
shall include an estimate with regard to the implementation timeline
for each project or program.
(i) Describe the opportunities for development of desalinated
water, including, but not limited to, ocean water, brackish water,
and groundwater, as a long-term supply.
(j) For purposes of this part, urban water suppliers that are
members of the California Urban Water Conservation Council shall be
deemed in compliance with the requirements of subdivisions (f) and
(g) by complying with all the provisions of the "Memorandum of
Understanding Regarding Urban Water Conservation in California,"
dated December 10, 2008, as it may be amended, and by submitting the
annual reports required by Section 6.2 of that memorandum.
(k) Urban water suppliers that rely upon a wholesale agency for a
source of water shall provide the wholesale agency with water use
projections from that agency for that source of water in five-year
increments to 20 years or as far as data is available. The wholesale
agency shall provide information to the urban water supplier for
inclusion in the urban water supplier's plan that identifies and
quantifies, to the extent practicable, the existing and planned
sources of water as required by subdivision (b), available from the
wholesale agency to the urban water supplier over the same five-year
increments, and during various water-year types in accordance with
subdivision (c). An urban water supplier may rely upon water supply
information provided by the wholesale agency in fulfilling the plan
informational requirements of subdivisions (b) and (c).

10631.1. (a) The water use projections required by Section 10631
shall include projected water use for single-family and multifamily
residential housing needed for lower income households, as defined in
Section 50079.5 of the Health and Safety Code, as identified in the
housing element of any city, county, or city and county in the
service area of the supplier.
(b) It is the intent of the Legislature that the identification of
projected water use for single-family and multifamily residential
housing for lower income households will assist a supplier in
complying with the requirement under Section 65589.7 of the
Government Code to grant a priority for the provision of service to
housing units affordable to lower income households.

10631.5. (a) (1) Beginning January 1, 2009, the terms of, and
eligibility for, a water management grant or loan made to an urban
water supplier and awarded or administered by the department, state
board, or California Bay-Delta Authority or its successor agency
shall be conditioned on the implementation of the water demand
management measures described in Section 10631, as determined by the
department pursuant to subdivision (b).
(2) For the purposes of this section, water management grants and
loans include funding for programs and projects for surface water or
groundwater storage, recycling, desalination, water conservation,
water supply reliability, and water supply augmentation. This section
does not apply to water management projects funded by the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
(3) Notwithstanding paragraph (1), the department shall determine
that an urban water supplier is eligible for a water management grant
or loan even though the supplier is not implementing all of the
water demand management measures described in Section 10631, if the
urban water supplier has submitted to the department for approval a
schedule, financing plan, and budget, to be included in the grant or
loan agreement, for implementation of the water demand management
measures. The supplier may request grant or loan funds to implement
the water demand management measures to the extent the request is
consistent with the eligibility requirements applicable to the water
management funds.
(4) (A) Notwithstanding paragraph (1), the department shall
determine that an urban water supplier is eligible for a water
management grant or loan even though the supplier is not implementing
all of the water demand management measures described in Section
10631, if an urban water supplier submits to the department for
approval documentation demonstrating that a water demand management
measure is not locally cost effective. If the department determines
that the documentation submitted by the urban water supplier fails to
demonstrate that a water demand management measure is not locally
cost effective, the department shall notify the urban water supplier
and the agency administering the grant or loan program within 120
days that the documentation does not satisfy the requirements for an
exemption, and include in that notification a detailed statement to
support the determination.
(B) For purposes of this paragraph, "not locally cost effective"
means that the present value of the local benefits of implementing a
water demand management measure is less than the present value of the
local costs of implementing that measure.
(b) (1) The department, in consultation with the state board and
the California Bay-Delta Authority or its successor agency, and after
soliciting public comment regarding eligibility requirements, shall
develop eligibility requirements to implement the requirement of
paragraph (1) of subdivision (a). In establishing these eligibility
requirements, the department shall do both of the following:
(A) Consider the conservation measures described in the Memorandum
of Understanding Regarding Urban Water Conservation in California,
and alternative conservation approaches that provide equal or greater
water savings.
(B) Recognize the different legal, technical, fiscal, and
practical roles and responsibilities of wholesale water suppliers and
retail water suppliers.
(2) (A) For the purposes of this section, the department shall
determine whether an urban water supplier is implementing all of the
water demand management measures described in Section 10631 based on
either, or a combination, of the following:
(i) Compliance on an individual basis.
(ii) Compliance on a regional basis. Regional compliance shall
require participation in a regional conservation program consisting
of two or more urban water suppliers that achieves the level of
conservation or water efficiency savings equivalent to the amount of
conservation or savings achieved if each of the participating urban
water suppliers implemented the water demand management measures. The
urban water supplier administering the regional program shall
provide participating urban water suppliers and the department with
data to demonstrate that the regional program is consistent with this
clause. The department shall review the data to determine whether
the urban water suppliers in the regional program are meeting the
eligibility requirements.
(B) The department may require additional information for any
determination pursuant to this section.
(3) The department shall not deny eligibility to an urban water
supplier in compliance with the requirements of this section that is
participating in a multiagency water project, or an integrated
regional water management plan, developed pursuant to Section 75026
of the Public Resources Code, solely on the basis that one or more of
the agencies participating in the project or plan is not
implementing all of the water demand management measures described in
Section 10631.
(c) In establishing guidelines pursuant to the specific funding
authorization for any water management grant or loan program subject
to this section, the agency administering the grant or loan program
shall include in the guidelines the eligibility requirements
developed by the department pursuant to subdivision (b).
(d) Upon receipt of a water management grant or loan application
by an agency administering a grant and loan program subject to this
section, the agency shall request an eligibility determination from
the department with respect to the requirements of this section. The
department shall respond to the request within 60 days of the
request.
(e) The urban water supplier may submit to the department copies
of its annual reports and other relevant documents to assist the
department in determining whether the urban water supplier is
implementing or scheduling the implementation of water demand
management activities. In addition, for urban water suppliers that
are signatories to the Memorandum of Understanding Regarding Urban
Water Conservation in California and submit biennial reports to the
California Urban Water Conservation Council in accordance with the
memorandum, the department may use these reports to assist in
tracking the implementation of water demand management measures.
(f) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.

10631.7. The department, in consultation with the California Urban
Water Conservation Council, shall convene an independent technical
panel to provide information and recommendations to the department
and the Legislature on new demand management measures, technologies,
and approaches. The panel shall consist of no more than seven
members, who shall be selected by the department to reflect a
balanced representation of experts. The panel shall have at least
one, but no more than two, representatives from each of the
following: retail water suppliers, environmental organizations, the
business community, wholesale water suppliers, and academia. The
panel shall be convened by January 1, 2009, and shall report to the
Legislature no later than January 1, 2010, and every five years
thereafter. The department shall review the panel report and include
in the final report to the Legislature the department's
recommendations and comments regarding the panel process and the
panel's recommendations.

10632. (a) The plan shall provide an urban water shortage
contingency analysis that includes each of the following elements
that are within the authority of the urban water supplier:
(1) Stages of action to be undertaken by the urban water supplier
in response to water supply shortages, including up to a 50 percent
reduction in water supply, and an outline of specific water supply
conditions that are applicable to each stage.
(2) An estimate of the minimum water supply available during each
of the next three water years based on the driest three-year historic
sequence for the agency's water supply.
(3) Actions to be undertaken by the urban water supplier to
prepare for, and implement during, a catastrophic interruption of
water supplies including, but not limited to, a regional power
outage, an earthquake, or other disaster.
(4) Additional, mandatory prohibitions against specific water use
practices during water shortages, including, but not limited to,
prohibiting the use of potable water for street cleaning.
(5) Consumption reduction methods in the most restrictive stages.
Each urban water supplier may use any type of consumption reduction
methods in its water shortage contingency analysis that would reduce
water use, are appropriate for its area, and have the ability to
achieve a water use reduction consistent with up to a 50 percent
reduction in water supply.
(6) Penalties or charges for excessive use, where applicable.
(7) An analysis of the impacts of each of the actions and
conditions described in paragraphs (1) to (6), inclusive, on the
revenues and expenditures of the urban water supplier, and proposed
measures to overcome those impacts, such as the development of
reserves and rate adjustments.
(8) A draft water shortage contingency resolution or ordinance.
(9) A mechanism for determining actual reductions in water use
pursuant to the urban water shortage contingency analysis.
(b) Commencing with the urban water management plan update due
December 31, 2015, for purposes of developing the water shortage
contingency analysis pursuant to subdivision (a), the urban water
supplier shall analyze and define water features that are
artificially supplied with water, including ponds, lakes, waterfalls,
and fountains, separately from swimming pools and spas, as defined
in subdivision (a) of Section 115921 of the Health and Safety Code.

10633. The plan shall provide, to the extent available, information
on recycled water and its potential for use as a water source in the
service area of the urban water supplier. The preparation of the
plan shall be coordinated with local water, wastewater, groundwater,
and planning agencies that operate within the supplier's service
area, and shall include all of the following:
(a) A description of the wastewater collection and treatment
systems in the supplier's service area, including a quantification of
the amount of wastewater collected and treated and the methods of
wastewater disposal.
(b) A description of the quantity of treated wastewater that meets
recycled water standards, is being discharged, and is otherwise
available for use in a recycled water project.
(c) A description of the recycled water currently being used in
the supplier's service area, including, but not limited to, the type,
place, and quantity of use.
(d) A description and quantification of the potential uses of
recycled water, including, but not limited to, agricultural
irrigation, landscape irrigation, wildlife habitat enhancement,
wetlands, industrial reuse, groundwater recharge, indirect potable
reuse, and other appropriate uses, and a determination with regard to
the technical and economic feasibility of serving those uses.
(e) The projected use of recycled water within the supplier's
service area at the end of 5, 10, 15, and 20 years, and a description
of the actual use of recycled water in comparison to uses previously
projected pursuant to this subdivision.
(f) A description of actions, including financial incentives,
which may be taken to encourage the use of recycled water, and the
projected results of these actions in terms of acre-feet of recycled
water used per year.
(g) A plan for optimizing the use of recycled water in the
supplier's service area, including actions to facilitate the
installation of dual distribution systems, to promote recirculating
uses, to facilitate the increased use of treated wastewater that
meets recycled water standards, and to overcome any obstacles to
achieving that increased use.

10634. The plan shall include information, to the extent
practicable, relating to the quality of existing sources of water
available to the supplier over the same five-year increments as
described in subdivision (a) of Section 10631, and the manner in
which water quality affects water management strategies and supply
reliability.