Amended in Senate April 27, 2016

Senate BillNo. 1262


Introduced by Senators Pavley and Wieckowski

February 18, 2016


An act to amend Section 66473.7 of the Government Code, and to amendbegin delete Sections 10910 and 10911 of the Water Code, andend deletebegin insert Section 10910 of the Water Code,end insert relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

SB 1262, as amended, Pavley. Water supply planning.

(1) Existing law requires a city or county that determines a project, as defined, is subject to the California Environmental Quality Act to identify certain water systems that may supply water for the project and to request those public water systems to prepare and approve a specified water supply assessment. Under existing law, if no public water system is identified, the city or county is required to prepare and approve the water supply assessment. Existing law provides that if, as a result of its assessment, the public water system or city or county concludes that its water supplies are, or will be, insufficient, the public water system or city or county is required to provide its plans for acquiring additional water supplies, as prescribed.

begin delete

This bill would require a city or county that determines a project is subject to the California Environmental Quality Act to identify any water system whose service area includes the project site and any water system adjacent to the project site. This bill would require, if a water source for a proposed project includes water of a quality not sufficient to meet certain drinking water standards, that prescribed additional information be included in a water supply assessment. This bill, if no water system is identified, would require a city or county to prepare a technical report containing prescribed information. This bill would require a city or county to submit the technical report to the local agency formation commission with jurisdiction if the city or county concludes based on the technical report that it is feasible for a water system to provide water to the project. This bill, if the local agency formation commission declines to approve an annexation or extensive of service, would require the city or county to develop a water supply assessment for the project, as specified. By imposing new duties on cities and counties, this bill would impose a state-mandated local program.

end delete

Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. The act authorizes the State Water Resources Control Board to designate a basin as a probationary basin if the state board makes a certain determination and to develop an interim plan for the probationary basin.

Thisbegin insert bill would require a city or county that determines a project is subject to the California Environmental Quality Act to identify any water system whose service area includes the project site and any water system adjacent to the project site. This bill would require, if a water source for a proposed project includes water of a quality not sufficient to meet certain drinking water standards, that prescribed additional information be included in a water supply assessment. Thisend insert bill would provide that hauled water or groundwater from a probationary basin are not sources of water for the purposes of a water supply assessment. This bill would, if a water supply for a proposed project includes groundwater, require certain additional information to be included in the water supply assessment.begin insert By imposing additional duties on cities and counties, this bill would impose a state-mandated local program.end insert

(2) Existing law, the Subdivision Map Act, establishes a statewide regulatory framework for controlling the subdividing of land. The act generally requires a subdivider to submit, and have approved by the city, county, or city and county in which the land is situated, a tentative map for subdivisions of land, as specified. Existing law requires a city or county to deny approval of a tentative map, or parcel map for which a tentative map was not required, if it makes certain findings relating to the proposed subdivision. Existing law requires a city or county to include as a condition in any tentative map that includes a subdivision a requirement that a sufficient water supply be available. Existing law requires proof of the availability of a sufficient water supply, as prescribed, and that the written verification of a public water system’s ability or inability to provide a sufficient water supply be supported by substantial evidence.

This bill would revise the definition of sufficient water supply to include additional factors relating to a proposed subdivision that relies in whole or in part on groundwater. This bill would provide that groundwater from a probationary basin is not a water supply for these purposes.

begin delete

(3) 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.

end delete
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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 these statutory provisions.

end delete
begin insert

(3) 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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

Section 66473.7 of the Government Code is
2amended to read:

3

66473.7.  

(a) For the purposes of this section, the following
4definitions apply:

5(1) “Subdivision” means a proposed residential development
6of more than 500 dwelling units, except that for a public water
7system that has fewer than 5,000 service connections, “subdivision”
8means any proposed residential development that would account
P4    1for an increase of 10 percent or more in the number of the public
2water system’s existing service connections.

3(2) “Sufficient water supply” means the total water supplies
4available during normal, single-dry, and multiple-dry years within
5a 20-year projection that will meet the projected demand associated
6with the proposed subdivision, in addition to existing and planned
7future uses, including, but not limited to, agricultural and industrial
8uses. In determining “sufficient water supply,” all of the following
9factors shall be considered:

10(A) The availability of water supplies over a historical record
11of at least 20 years.

12(B) The applicability of an urban water shortage contingency
13analysis prepared pursuant to Section 10632 of the Water Code
14that includes actions to be undertaken by the public water system
15in response to water supply shortages.

16(C) The reduction in water supply allocated to a specific water
17use sector pursuant to a resolution or ordinance adopted, or a
18contract entered into, by the public water system, as long as that
19resolution, ordinance, or contract does not conflict with Section
20354 of the Water Code.

21(D) The amount of water that the water supplier can reasonably
22rely on receiving from other water supply projects, such as
23conjunctive use, reclaimed water, water conservation, and water
24transfer, including programs identified under federal, state, and
25local water initiatives such as CALFED and Colorado River
26tentative agreements, to the extent that these water supplies meet
27the criteria of subdivision (d).

28(E) If a proposed subdivision relies in whole or in part on
29groundwater, the following factors:

30(i) For a basin for which a court or the State Water Resources
31Control Board has adjudicated the rights to pump groundwater,
32the order or decree adopted by the court or the State Water
33Resources Control Board.

34(ii) For a basin that has not been adjudicated, as follows:

35(I) For a basin designated as high- or medium-priority pursuant
36to Section 10722.4 of the Water Code, the most recently adopted
37or revised adopted groundwater sustainabilitybegin delete plan.end deletebegin insert plan or
38approved alternative.end insert

39(II) For a basin designated as low- or very low priority pursuant
40to Section 10722.4 of the Water Code, information as to whether
P5    1the Department of Water Resources has identified the basin or
2basins as overdrafted or has projected that the basin will become
3overdrafted if present management conditions continue.

4(3) “Public water system” means the water supplier that is, or
5may become as a result of servicing the subdivision included in a
6tentative map pursuant to subdivision (b), a public water system,
7as defined in Section 10912 of the Water Code, that may supply
8water for a subdivision.

9(b) (1) The legislative body of a city or county or the advisory
10agency, to the extent that it is authorized by local ordinance to
11approve, conditionally approve, or disapprove the tentative map,
12shall include as a condition in any tentative map that includes a
13subdivision a requirement that a sufficient water supply shall be
14available. Proof of the availability of a sufficient water supply
15shall be requested by the subdivision applicant or local agency, at
16the discretion of the local agency, and shall be based on written
17verification from the applicable public water system within 90
18days of a request.

19(2) If the public water system fails to deliver the written
20verification as required by this section, the local agency or any
21other interested party may seek a writ of mandamus to compel the
22public water system to comply.

23(3) If the written verification provided by the applicable public
24water system indicates that the public water system is unable to
25provide a sufficient water supply that will meet the projected
26demand associated with the proposed subdivision, then the local
27agency may make a finding, after consideration of the written
28verification by the applicable public water system, that additional
29water supplies not accounted for by the public water system are,
30or will be, available prior to completion of the subdivision that
31will satisfy the requirements of this section. This finding shall be
32made on the record and supported by substantial evidence.

33(4) If the written verification is not provided by the public water
34system, notwithstanding the local agency or other interested party
35securing a writ of mandamus to compel compliance with this
36section, then the local agency may make a finding that sufficient
37water supplies are, or will be, available prior to completion of the
38subdivision that will satisfy the requirements of this section. This
39finding shall be made on the record and supported by substantial
40evidence.

P6    1(c) The applicable public water system’s written verification of
2its ability or inability to provide a sufficient water supply that will
3meet the projected demand associated with the proposed
4subdivision as required by subdivision (b) shall be supported by
5substantial evidence. The substantial evidence may include, but is
6not limited to, any of the following:

7(1) The public water system’s most recently adopted urban water
8management plan adopted pursuant to Part 2.6 (commencing with
9Section 10610) of Division 6 of the Water Code.

10(2) A water supply assessment that was completed pursuant to
11Part 2.10 (commencing with Section 10910) of Division 6 of the
12Water Code.

13(3) A groundwater sustainability plan adoptedbegin insert or alternative
14approvedend insert
pursuant to Part 2.74 (commencing with Section 10720)
15of Division 6 of the Water Code.

16(4) Other information relating to the sufficiency of the water
17supply that contains analytical information that is substantially
18similar to the assessment required by Section 10635 of the Water
19Code.

20(d) When the written verification pursuant to subdivision (b)
21relies on projected water supplies that are not currently available
22to the public water system, to provide a sufficient water supply to
23the subdivision, the written verification as to those projected water
24supplies shall be based on all of the following elements, to the
25extent each is applicable:

26(1) Written contracts or other proof of valid rights to the
27identified water supply that identify the terms and conditions under
28which the water will be available to serve the proposed subdivision.

29(2) Copies of a capital outlay program for financing the delivery
30of a sufficient water supply that has been adopted by the applicable
31governing body.

32(3) Securing of applicable federal, state, and local permits for
33construction of necessary infrastructure associated with supplying
34a sufficient water supply.

35(4) Any necessary regulatory approvals that are required in order
36to be able to convey or deliver a sufficient water supply to the
37subdivision.

38(e) If there is no public water system, the local agency shall
39make a written finding of sufficient water supply based on the
P7    1evidentiary requirements of subdivisions (c) and (d) and identify
2the mechanism for providing water to the subdivision.

3(f) In making any findings or determinations under this section,
4a local agency, or designated advisory agency, may work in
5conjunction with the project applicant and the public water system
6to secure water supplies sufficient to satisfy the demands of the
7proposed subdivision. If the local agency secures water supplies
8pursuant to this subdivision, which supplies are acceptable to and
9approved by the governing body of the public water system as
10suitable for delivery to customers, it shall work in conjunction
11with the public water system to implement a plan to deliver that
12water supply to satisfy the long-term demands of the proposed
13subdivision.

14(g) The written verification prepared under this section shall
15also include a description, to the extent that data is reasonably
16available based on published records maintained by federal and
17state agencies, and public records of local agencies, of the
18reasonably foreseeable impacts of the proposed subdivision on the
19availability of water resources for agricultural and industrial uses
20within the public water system’s service area that are not currently
21receiving water from the public water system but are utilizing the
22same sources of water. To the extent that those reasonably
23foreseeable impacts have previously been evaluated in a document
24prepared pursuant to the California Environmental Quality Act
25(Division 13 (commencing with Section 21000) of the Public
26Resources Code) or the National Environmental Policy Act (Public
27Law 91-190) for the proposed subdivision, the public water system
28may utilize that information in preparing the written verification.

29(h) (1) Where a water supply for a proposed subdivision
30includes groundwater, the public water system serving the proposed
31subdivision shall evaluate, based on substantial evidence, the extent
32to which it or the landowner has the right to extract the additional
33groundwater needed to supply the proposed subdivision. Nothing
34in this subdivision is intended to modify state law with regard to
35groundwater rights.

36(2) Groundwater from a basin designated by the State Water
37Resources Control Board as a probationary basin pursuant to
38Chapter 11 (commencing with Section 10735) of Part 2.74 of
39Division 6 of the Water Code is not considered as a water supply
40for the purposes of this section.

P8    1(i) This section shall not apply to any residential project
2proposed for a site that is within an urbanized area and has been
3previously developed for urban uses, or where the immediate
4contiguous properties surrounding the residential project site are,
5or previously have been, developed for urban uses, or housing
6projects that are exclusively for very low and low-income
7households.

8(j) The determinations made pursuant to this section shall be
9consistent with the obligation of a public water system to grant a
10priority for the provision of available and future water resources
11or services to proposed housing developments that help meet the
12city’s or county’s share of the regional housing needs for lower
13income households, pursuant to Section 65589.7.

14(k) The County of San Diego shall be deemed to comply with
15this section if the Office of Planning and Research determines that
16all of the following conditions have been met:

17(1) A regional growth management strategy that provides for a
18comprehensive regional strategy and a coordinated economic
19development and growth management program has been developed
20pursuant to Proposition C as approved by the voters of the County
21of San Diego in November 1988, which required the development
22of a regional growth management plan and directed the
23establishment of a regional planning and growth management
24review board.

25(2) Each public water system, as defined in Section 10912 of
26the Water Code, within the County of San Diego has adopted an
27urban water management plan pursuant to Part 2.6 (commencing
28with Section 10610) of the Water Code.

29(3) The approval or conditional approval of tentative maps for
30subdivisions, as defined in this section, by the County of San Diego
31and the cities within the county requires written communications
32to be made by the public water system to the city or county, in a
33format and with content that is substantially similar to the
34requirements contained in this section, with regard to the
35availability of a sufficient water supply, or the reliance on projected
36water supplies to provide a sufficient water supply, for a proposed
37subdivision.

38(l) Nothing in this section shall preclude the legislative body of
39a city or county, or the designated advisory agency, at the request
P9    1of the applicant, from making the determinations required in this
2section earlier than required pursuant to subdivision (b).

3(m) Nothing in this section shall be construed to create a right
4or entitlement to water service or any specific level of water
5service.

6(n) Nothing in this section is intended to change existing law
7concerning a public water system’s obligation to provide water
8service to its existing customers or to any potential future
9customers.

10(o) Any action challenging the sufficiency of the public water
11system’s written verification of a sufficient water supply shall be
12governed by Section 66499.37.

13

SEC. 2.  

Section 10910 of the Water Code is amended to read:

14

10910.  

(a) Any city or county that determines that a project,
15as defined in Section 10912, is subject to the California
16Environmental Quality Act (Division 13 (commencing with Section
1721000) of the Public Resources Code) under Section 21080 of the
18Public Resources Code shall comply with this part.

19(b) The city or county, at the time that it determines whether an
20environmental impact report, a negative declaration, or a mitigated
21negative declaration is required for any project subject to the
22California Environmental Quality Act pursuant to Section 21080.1
23of the Public Resources Code, shall identify any water system
24whose service area includes the project site and any water system
25adjacent to the project site that is, or may become as a result of
26supplying water to the project identified pursuant to this
27subdivision, a public water system, as defined in Section 10912,
28that may supply water for the project.begin insert If the city or county is not
29able to identify any public water system that may supply water for
30the project, the city or county shall prepare the water assessment
31required by this part after consulting with any entity serving
32domestic water supplies whose service area includes the project
33site, the local agency formation commission, and any public water
34system adjacent to the project site. end insert

35(c) (1) The city or county, at the time it makes the determination
36required under Section 21080.1 of the Public Resources Code,
37shall request each public water system identified pursuant to
38 subdivision (b) to determine whether the projected water demand
39associated with a proposed project was included as part of the most
P10   1recently adopted urban water management plan adopted pursuant
2to Part 2.6 (commencing with Section 10610).

3(2) If the projected water demand associated with the proposed
4project was accounted for in the most recently adopted urban water
5management plan, the public water system may incorporate the
6requested information from the urban water management plan in
7preparing the elements of the assessment required to comply with
8subdivisionsbegin delete (e), (f), (g), and (h).end deletebegin insert (d), (e), (f), and (g).end insert

9(3) If the projected water demand associated with the proposed
10project was not accounted for in the most recently adopted urban
11water management plan, or the public water system has no urban
12water managementbegin delete plan but the public water system is willing to
13supply water,end delete
begin insert plan,end insert the water supply assessment for the project
14shall include a discussion with regard to whether the public water
15system’s total projected water supplies available during normal,
16single dry, and multiple dry water years during a 20-year projection
17will meet the projected water demand associated with the proposed
18project, in addition to the public water system’s existing and
19planned future uses, including agricultural and manufacturing uses.

begin insert

20
(4) If the city or county is required to comply with this part
21pursuant to subdivision (b), the water supply assessment for the
22project shall include a discussion with regard to whether the total
23projected water supplies, determined to be available by the city
24or county for the project during normal, single dry, and multiple
25dry water years during a 20-year projection, will meet the
26projected water demand associated with the proposed project, in
27addition to existing and planned future uses, including agricultural
28and manufacturing uses.

end insert
begin delete

29(d) (1) If a water system is not identified pursuant to subdivision
30(b), or none of the water systems identified pursuant to subdivision
31(b) are willing to supply the water, the city or county shall prepare
32a technical report that includes all of the following:

end delete
begin delete

33(A) The name of each public water system that has a service
34area boundary within five miles of any boundary of the applicant’s
35proposed service area.

end delete
begin delete

36(B) An analysis of the feasibility of a water system identified
37pursuant to subdivision (b) annexing, connecting, or otherwise
38supplying domestic water to the project.

end delete
begin delete

39(C) An analysis of the long-term feasibility of creating a new
40water system to serve the project, including, but not limited to,
P11   1projecting the capacity of anticipated ratepayers to sustain a water
2system if there is the potential that water treatment will be required
3in the foreseeable future.

end delete
begin delete

4(D) A description of all actions taken by the city or county to
5secure a supply of domestic water from an existing public water
6system for the project.

end delete
begin delete

7(E) A description of all actions taken by the project proponent
8to pursue a contract for managerial or operational oversight from
9an existing public waster system.

end delete
begin delete

10(2) If the city or county concludes, based on the technical report
11prepared pursuant to paragraph (1), that it is feasible for a water
12system identified pursuant to subdivision (b) to provide water to
13the project, the city or county shall submit their technical report
14to the local agency formation commission with jurisdiction over
15the project.

end delete
begin delete

16(3) If the local agency formation commission declines to approve
17an annexation or extension of service, the city or county shall
18develop a water supply assessment for the project that includes a
19discussion on whether the total projected water supplies,
20determined to be available by the city or county for the project
21during normal, single dry, or multiple dry water years during a
2220-year projection, will meet the projected water demand associated
23with the proposed project, in addition to existing and planned future
24uses, including agricultural and manufacturing uses.

end delete
begin delete

25(e)

end delete

26begin insert(d)end insert (1) The assessment required by this section shall include
27an identification of any existing water supply entitlements, water
28rights, or water service contracts relevant to the identified water
29supply for the proposed project, and a description of the quantities
30of water received in prior years by the public water system, or the
31city or county if either is required to comply with this part pursuant
32to subdivisionbegin delete (d),end deletebegin insert (b),end insert under the existing water supply entitlements,
33water rights, or water service contracts.

34(2) An identification of existing water supply entitlements, water
35rights, or water service contracts held by the public water system,
36or the city or county if either is required to comply with this part
37pursuant to subdivisionbegin delete (d),end deletebegin insert (b),end insert shall be demonstrated by providing
38information related to all of the following:

39(A) Written contracts or other proof of entitlement to an
40identified water supply.

P12   1(B) Copies of a capital outlay program for financing the delivery
2of a water supply that has been adopted by the public water system.

3(C) Federal, state, and local permits for construction of necessary
4infrastructure associated with delivering the water supply.

5(D) Any necessary regulatory approvals that are required in
6order to be able to convey or deliver the water supply.

begin delete

7(f)

end delete

8begin insert(e)end insert If no water has been received in prior years by the public
9water system, or the city or county if either is required to comply
10with this part pursuant to subdivisionbegin delete (d),end deletebegin insert (b),end insert under the existing
11water supply entitlements, water rights, or water service contracts,
12the public water system, or the city or county if either is required
13to comply with this part pursuant to subdivisionbegin delete (d),end deletebegin insert (b),end insert shall also
14include in its water supply assessment pursuant to subdivision (c),
15an identification of the other public water systems or water service
16contractholders that receive a water supply or have existing water
17supply entitlements, water rights, or water service contracts, to the
18same source of water as the public water system, or the city or
19county if either is required to comply with this part pursuant to
20subdivisionbegin delete (d),end deletebegin insert (b),end insert has identified as a source of water supply
21within its water supply assessments.

begin delete

22(g)

end delete

23begin insert(f)end insert If a water supply for a proposed project includes groundwater,
24the following additional information shall be included in the water
25supply assessment:

26(1) A review of any information contained in the urban water
27management plan relevant to the identified water supply for the
28proposed project.

29(2) (A) A description of any groundwater basin or basins from
30which the proposed project will be supplied.

31(B) For those basins for which a court or the board has
32adjudicated the rights to pump groundwater, a copy of the order
33or decree adopted by the court or the board and a description of
34the amount of groundwater the public water system, or the city or
35county if either is required to comply with this part pursuant to
36subdivisionbegin delete (d),end deletebegin insert (b),end insert has the legal right to pump under the order or
37decree.

38(C) For a basin that has not been adjudicated that is a basin
39designated as high- or medium-priority pursuant to Section
4010722.4, information regarding the following:

P13   1(i) Whether the department has identified the basin as being
2 subject to critical conditions of overdraft pursuant to Section 12924.

3(ii) Whether the board has designated the basin as a probationary
4basin pursuant to Chapter 11 (commencing with Section 10735)
5of Part 2.74.

6(iii) If a groundwater sustainability agency has adopted a
7groundwater sustainability plan orbegin delete submitted an alternative plan,end delete
8begin insert has an approved alternative,end insert a copy of thatbegin insert alternative orend insert plan.

9(D) For a basin that has not been adjudicated that is a basin
10designated as low- or very low priority pursuant to Section 10722.4,
11information as to whether the department has identified the basin
12or basins as overdrafted or has projected that the basin will become
13overdrafted if present management conditions continue, in the
14most current bulletin of the department that characterizes the
15condition of the groundwater basin, and a detailed description by
16the public water system, or the city or county if either is required
17to comply with this part pursuant to subdivisionbegin delete (d),end deletebegin insert (b),end insert of the
18efforts being undertaken in the basin or basins to eliminate the
19long-term overdraft condition.

20(3) A detailed description and analysis of the amount and
21location of groundwater pumped by the public water system, or
22the city or county if either is required to comply with this part
23pursuant to subdivisionbegin delete (d),end deletebegin insert (b),end insert for the past five years from any
24groundwater basin from which the proposed project will be
25supplied. The description and analysis shall be based on
26information that is reasonably available, including, but not limited
27to, historic use records.

28(4) A detailed description and analysis of the amount and
29location of groundwater that is projected to be pumped by the
30public water system, or the city or county if either is required to
31comply with this part pursuant to subdivisionbegin delete (d),end deletebegin insert (b),end insert from any
32basin from which the proposed project will be supplied. The
33description and analysis shall be based on information that is
34reasonably available, including, but not limited to, historic use
35records.

36(5) An analysis of the sufficiency of the groundwater from the
37basin or basins from which the proposed project will be supplied
38to meet the projected water demand associated with the proposed
39project. A water supply assessment shall not be required to include
40the information required by this paragraph if the public water
P14   1system determines, as part of the review required by paragraph
2(1), that the sufficiency of groundwater necessary to meet the initial
3and projected water demand associated with the project was
4addressed in the description and analysis required by paragraph
5(4) of subdivision (b) of Section 10631.

begin delete

6(h)

end delete

7begin insert(g)end insert (1) Subject to paragraph (2), the governing body of each
8public water system shall submit the assessment to the city or
9county not later than 90 days from the date on which the request
10was received. The governing body of each public water system,
11or the city or county if either is required to comply with this act
12pursuant to subdivisionbegin delete (d),end deletebegin insert (b),end insert shall approve the assessment
13prepared pursuant to this section at a regular or special meeting.

14(2) Prior to the expiration of the 90-day period, if the public
15water system intends to request an extension of time to prepare
16and adopt the assessment, the public water system shall meet with
17the city or county to request an extension of time, which shall not
18exceed 30 days, to prepare and adopt the assessment.

19(3) If the public water system fails to request an extension of
20time, or fails to submit the assessment notwithstanding the
21extension of time granted pursuant to paragraph (2), the city or
22county may seek a writ of mandamus to compel the governing
23body of the public water system to comply with the requirements
24of this part relating to the submission of the water supply
25assessment.

begin delete

26(i)

end delete

27begin insert(h)end insert Notwithstanding any other provision of this part, if a project
28has been the subject of a water supply assessment that complies
29with the requirements of this part, no additional water supply
30assessment shall be required for subsequent projects that were part
31of a larger project for which a water supply assessment was
32completed and that has complied with the requirements of this part
33and for which the public water system, or the city or county if
34either is required to comply with this part pursuant to subdivision
35begin delete (d),end deletebegin insert (b),end insert has concluded that its water supplies are sufficient to meet
36the projected water demand associated with the proposed project,
37in addition to the existing and planned future uses, including, but
38not limited to, agricultural and industrial uses, unless one or more
39of the following changes occurs:

P15   1(1) Changes in the project that result in a substantial increase
2in water demand for the project.

3(2) Changes in the circumstances or conditions substantially
4affecting the ability of the public water system, or the city or county
5if either is required to comply with this part pursuant to subdivision
6begin delete (d),end deletebegin insert (b),end insert to provide a sufficient supply of water for the project.

7(3) Significant new information becomes available that was not
8known and could not have been known at the time when the
9assessment was prepared.

begin delete

10(j)

end delete

11begin insert(i)end insert For the purposes of this section, the following are not
12considered as a source of water:

13(1) Hauled water.

14(2) Groundwater from a basin designated by the board as a
15probationary basin pursuant to Chapter 11 (commencing with
16Section 10735) of Part 2.74.

begin delete

17(k)

end delete

18begin insert(j)end insert If a water supply for a proposed project includes water of a
19quality not sufficient to meet all primary and secondary drinking
20water standards, the following additional information shall be
21included in the water supply assessment:

22(1) A detailed description of the concentration of contaminants.

23(2) The proposed method for treating, blending, or otherwise
24ensuring that the water will meet drinking water quality standards.

25(3) The project cost to achieve drinking water quality.

26(4) An analysis of the affordability of water for the project’s
27anticipated residents.

begin delete
28

SEC. 3.  

Section 10911 of the Water Code is amended to read:

29

10911.  

(a) If, as a result of its assessment, the public water
30system concludes that its water supplies are, or will be, insufficient,
31the public water system shall provide to the city or county its plans
32for acquiring additional water supplies, setting forth the measures
33that are being undertaken to acquire and develop those water
34supplies. If the city or county, if either is required to comply with
35this part pursuant to subdivision (d) of Section 10910, concludes
36as a result of its assessment, that water supplies are, or will be,
37insufficient, the city or county shall include in its water supply
38 assessment its plans for acquiring additional water supplies, setting
39forth the measures that are being undertaken to acquire and develop
P16   1those water supplies. Those plans may include, but are not limited
2to, information concerning all of the following:

3(1) The estimated total costs, and the proposed method of
4financing the costs, associated with acquiring the additional water
5supplies.

6(2) All federal, state, and local permits, approvals, or
7entitlements that are anticipated to be required in order to acquire
8and develop the additional water supplies.

9(3) Based on the considerations set forth in paragraphs (1) and
10(2), the estimated timeframes within which the public water system,
11or the city or county if either is required to comply with this part
12pursuant to subdivision (d) of Section 10910, expects to be able
13to acquire additional water supplies.

14(b) The city or county shall include the water supply assessment
15provided pursuant to Section 10910, and any information provided
16pursuant to subdivision (a), in any environmental document
17prepared for the project pursuant to Division 13 (commencing with
18Section 21000) of the Public Resources Code.

19(c) The city or county may include in any environmental
20document an evaluation of any information included in that
21environmental document provided pursuant to subdivision (b).
22The city or county shall determine, based on the entire record,
23whether projected water supplies will be sufficient to satisfy the
24demands of the project, in addition to existing and planned future
25uses. If the city or county determines that water supplies will not
26be sufficient, the city or county shall include that determination
27in its findings for the project.

28

SEC. 4.  

If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.

end delete
33begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35a local agency or school district has the authority to levy service
36charges, fees, or assessments sufficient to pay for the program or
37level of service mandated by this act, within the meaning of Section
3817556 of the Government Code.

end insert


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