Amended in Assembly June 15, 2016

Amended in Senate May 11, 2016

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 amend Section 10910 of the Water Code, 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.

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.

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 provide that hauled waterbegin delete or groundwater from a probationary basin areend deletebegin insert isend insert notbegin delete sourcesend deletebegin insert a sourceend insert of water for the purposes of a water supply assessment, as specified. 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. By imposing additional duties on cities and counties, this bill would impose a state-mandated local program.

(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.begin delete This bill would provide that groundwater from a probationary basin is not a water supply for these purposes, as specified.end 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.

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

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
9for an increase of 10 percent or more in the number of the public
10water system’s existing service connections.

11(2) “Sufficient water supply” means the total water supplies
12available during normal, single-dry, and multiple-dry years within
13a 20-year projection that will meet the projected demand associated
14with the proposed subdivision, in addition to existing and planned
15future uses, including, but not limited to, agricultural and industrial
16uses. In determining “sufficient water supply,” all of the following
17factors shall be considered:

18(A) The availability of water supplies over a historical record
19of at least 20 years.

20(B) The applicability of an urban water shortage contingency
21analysis prepared pursuant to Section 10632 of the Water Code
22that includes actions to be undertaken by the public water system
23in response to water supply shortages.

24(C) The reduction in water supply allocated to a specific water
25use sector pursuant to a resolution or ordinance adopted, or a
26contract entered into, by the public water system, as long as that
27resolution, ordinance, or contract does not conflict with Section
28354 of the Water Code.

29(D) The amount of water that the water supplier can reasonably
30rely on receiving from other water supply projects, such as
31conjunctive use, reclaimed water, water conservation, and water
32transfer, including programs identified under federal, state, and
33local water initiatives such as CALFED and Colorado River
P4    1tentative agreements, to the extent that these water supplies meet
2the criteria of subdivision (d).

3(E) If a proposed subdivision relies in whole or in part on
4groundwater, the following factors:

5(i) For a basin for which a court or the State Water Resources
6Control Board has adjudicated the rights to pump groundwater,
7the order or decree adopted by the court or the State Water
8Resources Control Board.

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

10(I) For a basin designated as high- or medium-priority pursuant
11to Section 10722.4 of the Water Code, the most recently adopted
12or revised adopted groundwater sustainability plan or approved
13alternative. If there is no adopted groundwater sustainability plan
14or approved alternative, information as to whether the Department
15of Water Resources has identified the basin or basins as overdrafted
16or has projected that the basin will become overdrafted if present
17management conditions continue.

18(II) For a basin designated as low- or very low priority pursuant
19to Section 10722.4 of the Water Code, information as to whether
20the Department of Water Resources has identified the basin or
21basins as overdrafted or has projected that the basin will become
22overdrafted if present management conditions continue.

23(3) “Public water system” means the water supplier that is, or
24may become as a result of servicing the subdivision included in a
25tentative map pursuant to subdivision (b), a public water system,
26as defined in Section 10912 of the Water Code, that may supply
27water for a subdivision.

28(b) (1) The legislative body of a city or county or the advisory
29agency, to the extent that it is authorized by local ordinance to
30approve, conditionally approve, or disapprove the tentative map,
31shall include as a condition in any tentative map that includes a
32subdivision a requirement that a sufficient water supply shall be
33available. Proof of the availability of a sufficient water supply
34shall be requested by the subdivision applicant or local agency, at
35the discretion of the local agency, and shall be based on written
36verification from the applicable public water system within 90
37days of a request.

38(2) If the public water system fails to deliver the written
39verification as required by this section, the local agency or any
P5    1other interested party may seek a writ of mandamus to compel the
2public water system to comply.

3(3) If the written verification provided by the applicable public
4water system indicates that the public water system is unable to
5provide a sufficient water supply that will meet the projected
6demand associated with the proposed subdivision, then the local
7agency may make a finding, after consideration of the written
8verification by the applicable public water system, that additional
9water supplies not accounted for by the public water system are,
10or will be, available prior to completion of the subdivision that
11will satisfy the requirements of this section. This finding shall be
12made on the record and supported by substantial evidence.

13(4) If the written verification is not provided by the public water
14system, notwithstanding the local agency or other interested party
15securing a writ of mandamus to compel compliance with this
16section, then the local agency may make a finding that sufficient
17water supplies are, or will be, available prior to completion of the
18subdivision that will satisfy the requirements of this section. This
19finding shall be made on the record and supported by substantial
20evidence.

21(c) The applicable public water system’s written verification of
22its ability or inability to provide a sufficient water supply that will
23meet the projected demand associated with the proposed
24subdivision as required by subdivision (b) shall be supported by
25substantial evidence. The substantial evidence may include, but is
26not limited to, any of the following:

27(1) The public water system’s most recently adopted urban water
28management plan adopted pursuant to Part 2.6 (commencing with
29Section 10610) of Division 6 of the Water Code.

30(2) A water supply assessment that was completed pursuant to
31Part 2.10 (commencing with Section 10910) of Division 6 of the
32Water Code.

33(3) A groundwater sustainability plan adopted or alternative
34approved pursuant to Part 2.74 (commencing with Section 10720)
35of Division 6 of the Water Code.

36(4) Other information relating to the sufficiency of the water
37supply that contains analytical information that is substantially
38similar to the assessment required by Section 10635 of the Water
39Code.

P6    1(d) When the written verification pursuant to subdivision (b)
2relies on projected water supplies that are not currently available
3to the public water system, to provide a sufficient water supply to
4the subdivision, the written verification as to those projected water
5supplies shall be based on all of the following elements, to the
6extent each is applicable:

7(1) Written contracts or other proof of valid rights to the
8identified water supply that identify the terms and conditions under
9which the water will be available to serve the proposed subdivision.

10(2) Copies of a capital outlay program for financing the delivery
11of a sufficient water supply that has been adopted by the applicable
12governing body.

13(3) Securing of applicable federal, state, and local permits for
14construction of necessary infrastructure associated with supplying
15a sufficient water supply.

16(4) Any necessary regulatory approvals that are required in order
17to be able to convey or deliver a sufficient water supply to the
18subdivision.

19(e) If there is no public water system, the local agency shall
20make a written finding of sufficient water supply based on the
21evidentiary requirements of subdivisions (c) and (d) and identify
22the mechanism for providing water to the subdivision.

23(f) In making any findings or determinations under this section,
24a local agency, or designated advisory agency, may work in
25conjunction with the project applicant and the public water system
26to secure water supplies sufficient to satisfy the demands of the
27proposed subdivision. If the local agency secures water supplies
28pursuant to this subdivision, which supplies are acceptable to and
29approved by the governing body of the public water system as
30suitable for delivery to customers, it shall work in conjunction
31with the public water system to implement a plan to deliver that
32water supply to satisfy the long-term demands of the proposed
33subdivision.

34(g) The written verification prepared under this section shall
35also include a description, to the extent that data is reasonably
36available based on published records maintained by federal and
37state agencies, and public records of local agencies, of the
38reasonably foreseeable impacts of the proposed subdivision on the
39availability of water resources for agricultural and industrial uses
40within the public water system’s service area that are not currently
P7    1receiving water from the public water system but are utilizing the
2same sources of water. To the extent that those reasonably
3foreseeable impacts have previously been evaluated in a document
4prepared pursuant to the California Environmental Quality Act
5(Division 13 (commencing with Section 21000) of the Public
6Resources Code) or the National Environmental Policy Act (Public
7Law 91-190) for the proposed subdivision, the public water system
8may utilize that information in preparing the written verification.

9(h) begin delete(1)end deletebegin deleteend deleteWhere a water supply for a proposed subdivision
10includes groundwater, the public water system serving the proposed
11subdivision shall evaluate, based on substantial evidence, the extent
12to which it or the landowner has the right to extract the additional
13groundwater needed to supply the proposed subdivision. Nothing
14in this subdivision is intended to modify state law with regard to
15groundwater rights.

begin delete

16(2) Groundwater from a basin designated by the State Water
17Resources Control Board as a probationary basin pursuant to
18Chapter 11 (commencing with Section 10735) of Part 2.74 of
19Division 6 of the Water Code is not considered as a water supply
20for the purposes of this section. This paragraph does not apply to
21groundwater from any portion of a basin excluded from
22probationary status pursuant to subdivision (e) of Section 10735.2
23of the Water Code.

end delete

24(i) This section shall not apply to any residential project
25proposed for a site that is within an urbanized area and has been
26previously developed for urban uses, or where the immediate
27contiguous properties surrounding the residential project site are,
28or previously have been, developed for urban uses, or housing
29projects that are exclusively for very low and low-income
30households.

31(j) The determinations made pursuant to this section shall be
32consistent with the obligation of a public water system to grant a
33priority for the provision of available and future water resources
34or services to proposed housing developments that help meet the
35city’s or county’s share of the regional housing needs for lower
36income households, pursuant to Section 65589.7.

37(k) The County of San Diego shall be deemed to comply with
38this section if the Office of Planning and Research determines that
39all of the following conditions have been met:

P8    1(1) A regional growth management strategy that provides for a
2comprehensive regional strategy and a coordinated economic
3development and growth management program has been developed
4pursuant to Proposition C as approved by the voters of the County
5of San Diego in November 1988, which required the development
6of a regional growth management plan and directed the
7establishment of a regional planning and growth management
8review board.

9(2) Each public water system, as defined in Section 10912 of
10the Water Code, within the County of San Diego has adopted an
11urban water management plan pursuant to Part 2.6 (commencing
12with Section 10610) of the Water Code.

13(3) The approval or conditional approval of tentative maps for
14subdivisions, as defined in this section, by the County of San Diego
15and the cities within the county requires written communications
16to be made by the public water system to the city or county, in a
17format and with content that is substantially similar to the
18requirements contained in this section, with regard to the
19availability of a sufficient water supply, or the reliance on projected
20water supplies to provide a sufficient water supply, for a proposed
21subdivision.

22(l) Nothing in this section shall preclude the legislative body of
23a city or county, or the designated advisory agency, at the request
24of the applicant, from making the determinations required in this
25section earlier than required pursuant to subdivision (b).

26(m) Nothing in this section shall be construed to create a right
27or entitlement to water service or any specific level of water
28service.

29(n) Nothing in this section is intended to change existing law
30concerning a public water system’s obligation to provide water
31service to its existing customers or to any potential future
32customers.

33(o) Any action challenging the sufficiency of the public water
34system’s written verification of a sufficient water supply shall be
35governed by Section 66499.37.

36

SEC. 2.  

Section 10910 of the Water Code is amended to read:

37

10910.  

(a) Any city or county that determines that a project,
38as defined in Section 10912, is subject to the California
39Environmental Quality Act (Division 13 (commencing with Section
P9    121000) of the Public Resources Code) under Section 21080 of the
2Public Resources Code shall comply with this part.

3(b) The city or county, at the time that it determines whether an
4environmental impact report, a negative declaration, or a mitigated
5negative declaration is required for any project subject to the
6California Environmental Quality Act pursuant to Section 21080.1
7of the Public Resources Code, shall identify any water system
8whose service area includes the project site and any water system
9adjacent to the project site that is, or may become as a result of
10supplying water to the project identified pursuant to this
11subdivision, a public water system, as defined in Section 10912,
12that may supply water for the project. If the city or county is not
13able to identify any public water system that may supply water for
14the project, the city or county shall prepare the water assessment
15required by this part after consulting with any entity serving
16domestic water supplies whose service area includes the project
17site, the local agency formation commission, and any public water
18system adjacent to the project site.

19(c) (1) The city or county, at the time it makes the determination
20required under Section 21080.1 of the Public Resources Code,
21shall request each public water system identified pursuant to
22 subdivision (b) to determine whether the projected water demand
23associated with a proposed project was included as part of the most
24recently adopted urban water management plan adopted pursuant
25to Part 2.6 (commencing with Section 10610).

26(2) If the projected water demand associated with the proposed
27project was accounted for in the most recently adopted urban water
28management plan, the public water system may incorporate the
29requested information from the urban water management plan in
30preparing the elements of the assessment required to comply with
31subdivisions (d), (e), (f), and (g).

32(3) If the projected water demand associated with the proposed
33project was not accounted for in the most recently adopted urban
34water management plan, or the public water system has no urban
35water management plan, the water supply assessment for the project
36shall include a discussion with regard to whether the public water
37system’s total projected water supplies available during normal,
38single dry, and multiple dry water years during a 20-year projection
39will meet the projected water demand associated with the proposed
P10   1project, in addition to the public water system’s existing and
2planned future uses, including agricultural and manufacturing uses.

3(4) If the city or county is required to comply with this part
4pursuant to subdivision (b), the water supply assessment for the
5project shall include a discussion with regard to whether the total
6projected water supplies, determined to be available by the city or
7county for the project during normal, single dry, and multiple dry
8water years during a 20-year projection, will meet the projected
9water demand associated with the proposed project, in addition to
10existing and planned future uses, including agricultural and
11manufacturing uses.

12(d) (1) The assessment required by this section shall include
13an identification of any existing water supply entitlements, water
14rights, or water service contracts relevant to the identified water
15supply for the proposed project, and a description of the quantities
16of water received in prior years by the public water system, or the
17city or county if either is required to comply with this part pursuant
18to subdivision (b), under the existing water supply entitlements,
19water rights, or water service contracts.

20(2) An identification of existing water supply entitlements, water
21rights, or water service contracts held by the public water system,
22or the city or county if either is required to comply with this part
23pursuant to subdivision (b), shall be demonstrated by providing
24information related to all of the following:

25(A) Written contracts or other proof of entitlement to an
26identified water supply.

27(B) Copies of a capital outlay program for financing the delivery
28of a water supply that has been adopted by the public water system.

29(C) Federal, state, and local permits for construction of necessary
30infrastructure associated with delivering the water supply.

31(D) Any necessary regulatory approvals that are required in
32order to be able to convey or deliver the water supply.

33(e) If no water has been received in prior years by the public
34water system, or the city or county if either is required to comply
35with this part pursuant to subdivision (b), under the existing water
36supply entitlements, water rights, or water service contracts, the
37public water system, or the city or county if either is required to
38comply with this part pursuant to subdivision (b), shall also include
39in its water supply assessment pursuant to subdivision (c), an
40identification of the other public water systems or water service
P11   1contractholders that receive a water supply or have existing water
2supply entitlements, water rights, or water service contracts, to the
3same source of water as the public water system, or the city or
4county if either is required to comply with this part pursuant to
5subdivision (b), has identified as a source of water supply within
6its water supply assessments.

7(f) If a water supply for a proposed project includes
8groundwater, the following additional information shall be included
9in the water supply assessment:

10(1) A review of any information contained in the urban water
11management plan relevant to the identified water supply for the
12proposed project.

13(2) (A) A description of any groundwater basin or basins from
14which the proposed project will be supplied.

15(B) For those basins for which a court or the board has
16adjudicated the rights to pump groundwater, a copy of the order
17or decree adopted by the court or the board and a description of
18the amount of groundwater the public water system, or the city or
19county if either is required to comply with this part pursuant to
20subdivision (b), has the legal right to pump under the order or
21decree.

22(C) For a basin that has not been adjudicated that is a basin
23designated as high- or medium-priority pursuant to Section
2410722.4, information regarding the following:

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

begin delete

27(ii) Whether the board has designated the basin as a probationary
28basin pursuant to Chapter 11 (commencing with Section 10735)
29of Part 2.74.

end delete
begin delete

30(iii) 

end delete

31begin insert(ii)end insertbegin insertend insert If a groundwater sustainability agency has adopted a
32groundwater sustainability plan or has an approved alternative, a
33copy of that alternative or plan.

34(D) For a basin that has not been adjudicated that is a basin
35designated as low- or very low priority pursuant to Section 10722.4,
36information as to whether the department has identified the basin
37or basins as overdrafted or has projected that the basin will become
38overdrafted if present management conditions continue, in the
39most current bulletin of the department that characterizes the
40condition of the groundwater basin, and a detailed description by
P12   1the public water system, or the city or county if either is required
2to comply with this part pursuant to subdivision (b), of the efforts
3being undertaken in the basin or basins to eliminate the long-term
4overdraft condition.

5(3) A detailed description and analysis of the amount and
6location of groundwater pumped by the public water system, or
7the city or county if either is required to comply with this part
8pursuant to subdivision (b), for the past five years from any
9groundwater basin from which the proposed project will be
10supplied. The description and analysis shall be based on
11information that is reasonably available, including, but not limited
12to, historic use records.

13(4) A detailed description and analysis of the amount and
14location of groundwater that is projected to be pumped by the
15public water system, or the city or county if either is required to
16comply with this part pursuant to subdivision (b), from any basin
17from which the proposed project will be supplied. The description
18and analysis shall be based on information that is reasonably
19available, including, but not limited to, historic use records.

20(5) An analysis of the sufficiency of the groundwater from the
21basin or basins from which the proposed project will be supplied
22to meet the projected water demand associated with the proposed
23project. A water supply assessment shall not be required to include
24the information required by this paragraph if the public water
25system determines, as part of the review required by paragraph
26(1), that the sufficiency of groundwater necessary to meet the initial
27and projected water demand associated with the project was
28addressed in the description and analysis required by paragraph
29(4) of subdivision (b) of Section 10631.

30(g) (1) Subject to paragraph (2), the governing body of each
31public water system shall submit the assessment to the city or
32county not later than 90 days from the date on which the request
33was received. The governing body of each public water system,
34or the city or county if either is required to comply with this act
35pursuant to subdivision (b), shall approve the assessment prepared
36pursuant to this section at a regular or special meeting.

37(2) Prior to the expiration of the 90-day period, if the public
38water system intends to request an extension of time to prepare
39and adopt the assessment, the public water system shall meet with
P13   1the city or county to request an extension of time, which shall not
2exceed 30 days, to prepare and adopt the assessment.

3(3) If the public water system fails to request an extension of
4time, or fails to submit the assessment notwithstanding the
5extension of time granted pursuant to paragraph (2), the city or
6county may seek a writ of mandamus to compel the governing
7body of the public water system to comply with the requirements
8of this part relating to the submission of the water supply
9assessment.

10(h) Notwithstanding any other provision of this part, if a project
11has been the subject of a water supply assessment that complies
12with the requirements of this part, no additional water supply
13assessment shall be required for subsequent projects that were part
14of a larger project for which a water supply assessment was
15completed and that has complied with the requirements of this part
16and for which the public water system, or the city or county if
17either is required to comply with this part pursuant to subdivision
18(b), has concluded that its water supplies are sufficient to meet the
19projected water demand associated with the proposed project, in
20addition to the existing and planned future uses, including, but not
21limited to, agricultural and industrial uses, unless one or more of
22the following changes occurs:

23(1) Changes in the project that result in a substantial increase
24in water demand for the project.

25(2) Changes in the circumstances or conditions substantially
26affecting the ability of the public water system, or the city or county
27if either is required to comply with this part pursuant to subdivision
28(b), to provide a sufficient supply of water for the project.

29(3) Significant new information becomes available that was not
30known and could not have been known at the time when the
31assessment was prepared.

32(i) For the purposes of this section,begin delete the following areend deletebegin insert hauled
33water isend insert
not considered as a source ofbegin delete water:end deletebegin insert water.end insert

begin delete

34(1) Hauled water.

35(2) Groundwater from a basin designated by the board as a
36probationary basin pursuant to Chapter 11 (commencing with
37Section 10735) of Part 2.74. This paragraph does not apply to
38groundwater from any portion of a basin excluded from
39probationary status pursuant to subdivision (e) of Section 10735.2
40of the Water Code.

end delete
P14   1

SEC. 3.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3a local agency or school district has the authority to levy service
4charges, fees, or assessments sufficient to pay for the program or
5level of service mandated by this act, within the meaning of Section
617556 of the Government Code.



O

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