10608.16. (a) The state shall achieve a 20-percent reduction in
urban per capita water use in California on or before December 31,
2020.
(b) The state shall make incremental progress towards the state
target specified in subdivision (a) by reducing urban per capita
water use by at least 10 percent on or before December 31, 2015.
10608.20. (a) (1) Each urban retail water supplier shall develop
urban water use targets and an interim urban water use target by July
1, 2011. Urban retail water suppliers may elect to determine and
report progress toward achieving these targets on an individual or
regional basis, as provided in subdivision (a) of Section 10608.28,
and may determine the targets on a fiscal year or calendar year
basis.
(2) It is the intent of the Legislature that the urban water use
targets described in paragraph (1) cumulatively result in a
20-percent reduction from the baseline daily per capita water use by
December 31, 2020.
(b) An urban retail water supplier shall adopt one of the
following methods for determining its urban water use target pursuant
to subdivision (a):
(1) Eighty percent of the urban retail water supplier's baseline
per capita daily water use.
(2) The per capita daily water use that is estimated using the sum
of the following performance standards:
(A) For indoor residential water use, 55 gallons per capita daily
water use as a provisional standard. Upon completion of the
department's 2016 report to the Legislature pursuant to Section
10608.42, this standard may be adjusted by the Legislature by
statute.
(B) For landscape irrigated through dedicated or residential
meters or connections, water efficiency equivalent to the standards
of the Model Water Efficient Landscape Ordinance set forth in Chapter
2.7 (commencing with Section 490) of Division 2 of Title 23 of the
California Code of Regulations, as in effect the later of the year of
the landscape's installation or 1992. An urban retail water supplier
using the approach specified in this subparagraph shall use
satellite imagery, site visits, or other best available technology to
develop an accurate estimate of landscaped areas.
(C) For commercial, industrial, and institutional uses, a
10-percent reduction in water use from the baseline commercial,
industrial, and institutional water use by 2020.
(3) Ninety-five percent of the applicable state hydrologic region
target, as set forth in the state's draft 20x2020 Water Conservation
Plan (dated April 30, 2009). If the service area of an urban water
supplier includes more than one hydrologic region, the supplier shall
apportion its service area to each region based on population or
area.
(4) A method that shall be identified and developed by the
department, through a public process, and reported to the Legislature
no later than December 31, 2010. The method developed by the
department shall identify per capita targets that cumulatively result
in a statewide 20-percent reduction in urban daily per capita water
use by December 31, 2020. In developing urban daily per capita water
use targets, the department shall do all of the following:
(A) Consider climatic differences within the state.
(B) Consider population density differences within the state.
(C) Provide flexibility to communities and regions in meeting the
targets.
(D) Consider different levels of per capita water use according to
plant water needs in different regions.
(E) Consider different levels of commercial, industrial, and
institutional water use in different regions of the state.
(F) Avoid placing an undue hardship on communities that have
implemented conservation measures or taken actions to keep per capita
water use low.
(c) If the department adopts a regulation pursuant to paragraph
(4) of subdivision (b) that results in a requirement that an urban
retail water supplier achieve a reduction in daily per capita water
use that is greater than 20 percent by December 31, 2020, an urban
retail water supplier that adopted the method described in paragraph
(4) of subdivision (b) may limit its urban water use target to a
reduction of not more than 20 percent by December 31, 2020, by
adopting the method described in paragraph (1) of subdivision (b).
(d) The department shall update the method described in paragraph
(4) of subdivision (b) and report to the Legislature by December 31,
2014. An urban retail water supplier that adopted the method
described in paragraph (4) of subdivision (b) may adopt a new urban
daily per capita water use target pursuant to this updated method.
(e) An urban retail water supplier shall include in its urban
water management plan due in 2010 pursuant to Part 2.6 (commencing
with Section 10610) the baseline daily per capita water use, urban
water use target, interim urban water use target, and compliance
daily per capita water use, along with the bases for determining
those estimates, including references to supporting data.
(f) When calculating per capita values for the purposes of this
chapter, an urban retail water supplier shall determine population
using federal, state, and local population reports and projections.
(g) An urban retail water supplier may update its 2020 urban water
use target in its 2015 urban water management plan required pursuant
to Part 2.6 (commencing with Section 10610).
(h) (1) The department, through a public process and in
consultation with the California Urban Water Conservation Council,
shall develop technical methodologies and criteria for the consistent
implementation of this part, including, but not limited to, both of
the following:
(A) Methodologies for calculating base daily per capita water use,
baseline commercial, industrial, and institutional water use,
compliance daily per capita water use, gross water use, service area
population, indoor residential water use, and landscaped area water
use.
(B) Criteria for adjustments pursuant to subdivisions (d) and (e)
of Section 10608.24.
(2) The department shall post the methodologies and criteria
developed pursuant to this subdivision on its Internet Web site, and
make written copies available, by October 1, 2010. An urban retail
water supplier shall use the methods developed by the department in
compliance with this part.
(i) (1) The department shall adopt regulations for implementation
of the provisions relating to process water in accordance with
subdivision (l) of Section 10608.12, subdivision (e) of Section
10608.24, and subdivision (d) of Section 10608.26.
(2) The initial adoption of a regulation authorized by this
subdivision is deemed to address an emergency, for purposes of
Sections 11346.1 and 11349.6 of the Government Code, and the
department is hereby exempted for that purpose from the requirements
of subdivision (b) of Section 11346.1 of the Government Code. After
the initial adoption of an emergency regulation pursuant to this
subdivision, the department shall not request approval from the
Office of Administrative Law to readopt the regulation as an
emergency regulation pursuant to Section 11346.1 of the Government
Code.
(j) (1) An urban retail water supplier is granted an extension to
July 1, 2011, for adoption of an urban water management plan pursuant
to Part 2.6 (commencing with Section 10610) due in 2010 to allow the
use of technical methodologies developed by the department pursuant
to paragraph (4) of subdivision (b) and subdivision (h). An urban
retail water supplier that adopts an urban water management plan due
in 2010 that does not use the methodologies developed by the
department pursuant to subdivision (h) shall amend the plan by July
1, 2011, to comply with this part.
(2) An urban wholesale water supplier whose urban water management
plan prepared pursuant to Part 2.6 (commencing with Section 10610)
was due and not submitted in 2010 is granted an extension to July 1,
2011, to permit coordination between an urban wholesale water
supplier and urban retail water suppliers.
10608.22. Notwithstanding the method adopted by an urban retail
water supplier pursuant to Section 10608.20, an urban retail water
supplier's per capita daily water use reduction shall be no less than
5 percent of base daily per capita water use as defined in paragraph
(3) of subdivision (b) of Section 10608.12. This section does not
apply to an urban retail water supplier with a base daily per capita
water use at or below 100 gallons per capita per day.
10608.24. (a) Each urban retail water supplier shall meet its
interim urban water use target by December 31, 2015.
(b) Each urban retail water supplier shall meet its urban water
use target by December 31, 2020.
(c) An urban retail water supplier's compliance daily per capita
water use shall be the measure of progress toward achievement of its
urban water use target.
(d) (1) When determining compliance daily per capita water use, an
urban retail water supplier may consider the following factors:
(A) Differences in evapotranspiration and rainfall in the baseline
period compared to the compliance reporting period.
(B) Substantial changes to commercial or industrial water use
resulting from increased business output and economic development
that have occurred during the reporting period.
(C) Substantial changes to institutional water use resulting from
fire suppression services or other extraordinary events, or from new
or expanded operations, that have occurred during the reporting
period.
(2) If the urban retail water supplier elects to adjust its
estimate of compliance daily per capita water use due to one or more
of the factors described in paragraph (1), it shall provide the basis
for, and data supporting, the adjustment in the report required by
Section 10608.40.
(e) When developing the urban water use target pursuant to Section
10608.20, an urban retail water supplier that has a substantial
percentage of industrial water use in its service area may exclude
process water from the calculation of gross water use to avoid a
disproportionate burden on another customer sector.
(f) (1) An urban retail water supplier that includes agricultural
water use in an urban water management plan pursuant to Part 2.6
(commencing with Section 10610) may include the agricultural water
use in determining gross water use. An urban retail water supplier
that includes agricultural water use in determining gross water use
and develops its urban water use target pursuant to paragraph (2) of
subdivision (b) of Section 10608.20 shall use a water efficient
standard for agricultural irrigation of 100 percent of reference
evapotranspiration multiplied by the crop coefficient for irrigated
acres.
(2) An urban retail water supplier, that is also an agricultural
water supplier, is not subject to the requirements of Chapter 4
(commencing with Section 10608.48), if the agricultural water use is
incorporated into its urban water use target pursuant to paragraph
(1).
10608.26. (a) In complying with this part, an urban retail water
supplier shall conduct at least one public hearing to accomplish all
of the following:
(1) Allow community input regarding the urban retail water
supplier's implementation plan for complying with this part.
(2) Consider the economic impacts of the urban retail water
supplier's implementation plan for complying with this part.
(3) Adopt a method, pursuant to subdivision (b) of Section
10608.20, for determining its urban water use target.
(b) In complying with this part, an urban retail water supplier
may meet its urban water use target through efficiency improvements
in any combination among its customer sectors. An urban retail water
supplier shall avoid placing a disproportionate burden on any
customer sector.
(c) For an urban retail water supplier that supplies water to a
United States Department of Defense military installation, the urban
retail water supplier's implementation plan for complying with this
part shall consider the conservation of that military installation
under federal Executive Order 13514.
(d) (1) Any ordinance or resolution adopted by an urban retail
water supplier after the effective date of this section shall not
require existing customers as of the effective date of this section,
to undertake changes in product formulation, operations, or equipment
that would reduce process water use, but may provide technical
assistance and financial incentives to those customers to implement
efficiency measures for process water. This section shall not limit
an ordinance or resolution adopted pursuant to a declaration of
drought emergency by an urban retail water supplier.
(2) This part shall not be construed or enforced so as to
interfere with the requirements of Chapter 4 (commencing with Section
113980) to Chapter 13 (commencing with Section 114380), inclusive,
of Part 7 of Division 104 of the Health and Safety Code, or any
requirement or standard for the protection of public health, public
safety, or worker safety established by federal, state, or local
government or recommended by recognized standard setting
organizations or trade associations.
10608.28. (a) An urban retail water supplier may meet its urban
water use target within its retail service area, or through mutual
agreement, by any of the following:
(1) Through an urban wholesale water supplier.
(2) Through a regional agency authorized to plan and implement
water conservation, including, but not limited to, an agency
established under the Bay Area Water Supply and Conservation Agency
Act (Division 31 (commencing with Section 81300)).
(3) Through a regional water management group as defined in
Section 10537.
(4) By an integrated regional water management funding area.
(5) By hydrologic region.
(6) Through other appropriate geographic scales for which
computation methods have been developed by the department.
(b) A regional water management group, with the written consent of
its member agencies, may undertake any or all planning, reporting,
and implementation functions under this chapter for the member
agencies that consent to those activities. Any data or reports shall
provide information both for the regional water management group and
separately for each consenting urban retail water supplier and urban
wholesale water supplier.
10608.32. All costs incurred pursuant to this part by a water
utility regulated by the Public Utilities Commission may be
recoverable in rates subject to review and approval by the Public
Utilities Commission, and may be recorded in a memorandum account and
reviewed for reasonableness by the Public Utilities Commission.
10608.36. Urban wholesale water suppliers shall include in the
urban water management plans required pursuant to Part 2.6
(commencing with Section 10610) an assessment of their present and
proposed future measures, programs, and policies to help achieve the
water use reductions required by this part.
10608.40. Urban water retail suppliers shall report to the
department on their progress in meeting their urban water use targets
as part of their urban water management plans submitted pursuant to
Section 10631. The data shall be reported using a standardized form
developed pursuant to Section 10608.52.
10608.42. The department shall review the 2015 urban water
management plans and report to the Legislature by December 31, 2016,
on progress towards achieving a 20-percent reduction in urban water
use by December 31, 2020. The report shall include recommendations on
changes to water efficiency standards or urban water use targets in
order to achieve the 20-percent reduction and to reflect updated
efficiency information and technology changes.
10608.43. The department, in conjunction with the California Urban
Water Conservation Council, by April 1, 2010, shall convene a
representative task force consisting of academic experts, urban
retail water suppliers, environmental organizations, commercial water
users, industrial water users, and institutional water users to
develop alternative best management practices for commercial,
industrial, and institutional users and an assessment of the
potential statewide water use efficiency improvement in the
commercial, industrial, and institutional sectors that would result
from implementation of these best management practices. The
taskforce, in conjunction with the department, shall submit a report
to the Legislature by April 1, 2012, that shall include a review of
multiple sectors within commercial, industrial, and institutional
users and that shall recommend water use efficiency standards for
commercial, industrial, and institutional users among various sectors
of water use. The report shall include, but not be limited to, the
following:
(a) Appropriate metrics for evaluating commercial, industrial, and
institutional water use.
(b) Evaluation of water demands for manufacturing processes,
goods, and cooling.
(c) Evaluation of public infrastructure necessary for delivery of
recycled water to the commercial, industrial, and institutional
sectors.
(d) Evaluation of institutional and economic barriers to increased
recycled water use within the commercial, industrial, and
institutional sectors.
(e) Identification of technical feasibility and cost of the best
management practices to achieve more efficient water use statewide in
the commercial, industrial, and institutional sectors that is
consistent with the public interest and reflects past investments in
water use efficiency.
10608.44. Each state agency shall reduce water use at facilities it
operates to support urban retail water suppliers in meeting the
target identified in Section 10608.16.
10608.16. (a) The state shall achieve a 20-percent reduction in
urban per capita water use in California on or before December 31,
2020.
(b) The state shall make incremental progress towards the state
target specified in subdivision (a) by reducing urban per capita
water use by at least 10 percent on or before December 31, 2015.
10608.20. (a) (1) Each urban retail water supplier shall develop
urban water use targets and an interim urban water use target by July
1, 2011. Urban retail water suppliers may elect to determine and
report progress toward achieving these targets on an individual or
regional basis, as provided in subdivision (a) of Section 10608.28,
and may determine the targets on a fiscal year or calendar year
basis.
(2) It is the intent of the Legislature that the urban water use
targets described in paragraph (1) cumulatively result in a
20-percent reduction from the baseline daily per capita water use by
December 31, 2020.
(b) An urban retail water supplier shall adopt one of the
following methods for determining its urban water use target pursuant
to subdivision (a):
(1) Eighty percent of the urban retail water supplier's baseline
per capita daily water use.
(2) The per capita daily water use that is estimated using the sum
of the following performance standards:
(A) For indoor residential water use, 55 gallons per capita daily
water use as a provisional standard. Upon completion of the
department's 2016 report to the Legislature pursuant to Section
10608.42, this standard may be adjusted by the Legislature by
statute.
(B) For landscape irrigated through dedicated or residential
meters or connections, water efficiency equivalent to the standards
of the Model Water Efficient Landscape Ordinance set forth in Chapter
2.7 (commencing with Section 490) of Division 2 of Title 23 of the
California Code of Regulations, as in effect the later of the year of
the landscape's installation or 1992. An urban retail water supplier
using the approach specified in this subparagraph shall use
satellite imagery, site visits, or other best available technology to
develop an accurate estimate of landscaped areas.
(C) For commercial, industrial, and institutional uses, a
10-percent reduction in water use from the baseline commercial,
industrial, and institutional water use by 2020.
(3) Ninety-five percent of the applicable state hydrologic region
target, as set forth in the state's draft 20x2020 Water Conservation
Plan (dated April 30, 2009). If the service area of an urban water
supplier includes more than one hydrologic region, the supplier shall
apportion its service area to each region based on population or
area.
(4) A method that shall be identified and developed by the
department, through a public process, and reported to the Legislature
no later than December 31, 2010. The method developed by the
department shall identify per capita targets that cumulatively result
in a statewide 20-percent reduction in urban daily per capita water
use by December 31, 2020. In developing urban daily per capita water
use targets, the department shall do all of the following:
(A) Consider climatic differences within the state.
(B) Consider population density differences within the state.
(C) Provide flexibility to communities and regions in meeting the
targets.
(D) Consider different levels of per capita water use according to
plant water needs in different regions.
(E) Consider different levels of commercial, industrial, and
institutional water use in different regions of the state.
(F) Avoid placing an undue hardship on communities that have
implemented conservation measures or taken actions to keep per capita
water use low.
(c) If the department adopts a regulation pursuant to paragraph
(4) of subdivision (b) that results in a requirement that an urban
retail water supplier achieve a reduction in daily per capita water
use that is greater than 20 percent by December 31, 2020, an urban
retail water supplier that adopted the method described in paragraph
(4) of subdivision (b) may limit its urban water use target to a
reduction of not more than 20 percent by December 31, 2020, by
adopting the method described in paragraph (1) of subdivision (b).
(d) The department shall update the method described in paragraph
(4) of subdivision (b) and report to the Legislature by December 31,
2014. An urban retail water supplier that adopted the method
described in paragraph (4) of subdivision (b) may adopt a new urban
daily per capita water use target pursuant to this updated method.
(e) An urban retail water supplier shall include in its urban
water management plan due in 2010 pursuant to Part 2.6 (commencing
with Section 10610) the baseline daily per capita water use, urban
water use target, interim urban water use target, and compliance
daily per capita water use, along with the bases for determining
those estimates, including references to supporting data.
(f) When calculating per capita values for the purposes of this
chapter, an urban retail water supplier shall determine population
using federal, state, and local population reports and projections.
(g) An urban retail water supplier may update its 2020 urban water
use target in its 2015 urban water management plan required pursuant
to Part 2.6 (commencing with Section 10610).
(h) (1) The department, through a public process and in
consultation with the California Urban Water Conservation Council,
shall develop technical methodologies and criteria for the consistent
implementation of this part, including, but not limited to, both of
the following:
(A) Methodologies for calculating base daily per capita water use,
baseline commercial, industrial, and institutional water use,
compliance daily per capita water use, gross water use, service area
population, indoor residential water use, and landscaped area water
use.
(B) Criteria for adjustments pursuant to subdivisions (d) and (e)
of Section 10608.24.
(2) The department shall post the methodologies and criteria
developed pursuant to this subdivision on its Internet Web site, and
make written copies available, by October 1, 2010. An urban retail
water supplier shall use the methods developed by the department in
compliance with this part.
(i) (1) The department shall adopt regulations for implementation
of the provisions relating to process water in accordance with
subdivision (l) of Section 10608.12, subdivision (e) of Section
10608.24, and subdivision (d) of Section 10608.26.
(2) The initial adoption of a regulation authorized by this
subdivision is deemed to address an emergency, for purposes of
Sections 11346.1 and 11349.6 of the Government Code, and the
department is hereby exempted for that purpose from the requirements
of subdivision (b) of Section 11346.1 of the Government Code. After
the initial adoption of an emergency regulation pursuant to this
subdivision, the department shall not request approval from the
Office of Administrative Law to readopt the regulation as an
emergency regulation pursuant to Section 11346.1 of the Government
Code.
(j) (1) An urban retail water supplier is granted an extension to
July 1, 2011, for adoption of an urban water management plan pursuant
to Part 2.6 (commencing with Section 10610) due in 2010 to allow the
use of technical methodologies developed by the department pursuant
to paragraph (4) of subdivision (b) and subdivision (h). An urban
retail water supplier that adopts an urban water management plan due
in 2010 that does not use the methodologies developed by the
department pursuant to subdivision (h) shall amend the plan by July
1, 2011, to comply with this part.
(2) An urban wholesale water supplier whose urban water management
plan prepared pursuant to Part 2.6 (commencing with Section 10610)
was due and not submitted in 2010 is granted an extension to July 1,
2011, to permit coordination between an urban wholesale water
supplier and urban retail water suppliers.
10608.22. Notwithstanding the method adopted by an urban retail
water supplier pursuant to Section 10608.20, an urban retail water
supplier's per capita daily water use reduction shall be no less than
5 percent of base daily per capita water use as defined in paragraph
(3) of subdivision (b) of Section 10608.12. This section does not
apply to an urban retail water supplier with a base daily per capita
water use at or below 100 gallons per capita per day.
10608.24. (a) Each urban retail water supplier shall meet its
interim urban water use target by December 31, 2015.
(b) Each urban retail water supplier shall meet its urban water
use target by December 31, 2020.
(c) An urban retail water supplier's compliance daily per capita
water use shall be the measure of progress toward achievement of its
urban water use target.
(d) (1) When determining compliance daily per capita water use, an
urban retail water supplier may consider the following factors:
(A) Differences in evapotranspiration and rainfall in the baseline
period compared to the compliance reporting period.
(B) Substantial changes to commercial or industrial water use
resulting from increased business output and economic development
that have occurred during the reporting period.
(C) Substantial changes to institutional water use resulting from
fire suppression services or other extraordinary events, or from new
or expanded operations, that have occurred during the reporting
period.
(2) If the urban retail water supplier elects to adjust its
estimate of compliance daily per capita water use due to one or more
of the factors described in paragraph (1), it shall provide the basis
for, and data supporting, the adjustment in the report required by
Section 10608.40.
(e) When developing the urban water use target pursuant to Section
10608.20, an urban retail water supplier that has a substantial
percentage of industrial water use in its service area may exclude
process water from the calculation of gross water use to avoid a
disproportionate burden on another customer sector.
(f) (1) An urban retail water supplier that includes agricultural
water use in an urban water management plan pursuant to Part 2.6
(commencing with Section 10610) may include the agricultural water
use in determining gross water use. An urban retail water supplier
that includes agricultural water use in determining gross water use
and develops its urban water use target pursuant to paragraph (2) of
subdivision (b) of Section 10608.20 shall use a water efficient
standard for agricultural irrigation of 100 percent of reference
evapotranspiration multiplied by the crop coefficient for irrigated
acres.
(2) An urban retail water supplier, that is also an agricultural
water supplier, is not subject to the requirements of Chapter 4
(commencing with Section 10608.48), if the agricultural water use is
incorporated into its urban water use target pursuant to paragraph
(1).
10608.26. (a) In complying with this part, an urban retail water
supplier shall conduct at least one public hearing to accomplish all
of the following:
(1) Allow community input regarding the urban retail water
supplier's implementation plan for complying with this part.
(2) Consider the economic impacts of the urban retail water
supplier's implementation plan for complying with this part.
(3) Adopt a method, pursuant to subdivision (b) of Section
10608.20, for determining its urban water use target.
(b) In complying with this part, an urban retail water supplier
may meet its urban water use target through efficiency improvements
in any combination among its customer sectors. An urban retail water
supplier shall avoid placing a disproportionate burden on any
customer sector.
(c) For an urban retail water supplier that supplies water to a
United States Department of Defense military installation, the urban
retail water supplier's implementation plan for complying with this
part shall consider the conservation of that military installation
under federal Executive Order 13514.
(d) (1) Any ordinance or resolution adopted by an urban retail
water supplier after the effective date of this section shall not
require existing customers as of the effective date of this section,
to undertake changes in product formulation, operations, or equipment
that would reduce process water use, but may provide technical
assistance and financial incentives to those customers to implement
efficiency measures for process water. This section shall not limit
an ordinance or resolution adopted pursuant to a declaration of
drought emergency by an urban retail water supplier.
(2) This part shall not be construed or enforced so as to
interfere with the requirements of Chapter 4 (commencing with Section
113980) to Chapter 13 (commencing with Section 114380), inclusive,
of Part 7 of Division 104 of the Health and Safety Code, or any
requirement or standard for the protection of public health, public
safety, or worker safety established by federal, state, or local
government or recommended by recognized standard setting
organizations or trade associations.
10608.28. (a) An urban retail water supplier may meet its urban
water use target within its retail service area, or through mutual
agreement, by any of the following:
(1) Through an urban wholesale water supplier.
(2) Through a regional agency authorized to plan and implement
water conservation, including, but not limited to, an agency
established under the Bay Area Water Supply and Conservation Agency
Act (Division 31 (commencing with Section 81300)).
(3) Through a regional water management group as defined in
Section 10537.
(4) By an integrated regional water management funding area.
(5) By hydrologic region.
(6) Through other appropriate geographic scales for which
computation methods have been developed by the department.
(b) A regional water management group, with the written consent of
its member agencies, may undertake any or all planning, reporting,
and implementation functions under this chapter for the member
agencies that consent to those activities. Any data or reports shall
provide information both for the regional water management group and
separately for each consenting urban retail water supplier and urban
wholesale water supplier.
10608.32. All costs incurred pursuant to this part by a water
utility regulated by the Public Utilities Commission may be
recoverable in rates subject to review and approval by the Public
Utilities Commission, and may be recorded in a memorandum account and
reviewed for reasonableness by the Public Utilities Commission.
10608.36. Urban wholesale water suppliers shall include in the
urban water management plans required pursuant to Part 2.6
(commencing with Section 10610) an assessment of their present and
proposed future measures, programs, and policies to help achieve the
water use reductions required by this part.
10608.40. Urban water retail suppliers shall report to the
department on their progress in meeting their urban water use targets
as part of their urban water management plans submitted pursuant to
Section 10631. The data shall be reported using a standardized form
developed pursuant to Section 10608.52.
10608.42. The department shall review the 2015 urban water
management plans and report to the Legislature by December 31, 2016,
on progress towards achieving a 20-percent reduction in urban water
use by December 31, 2020. The report shall include recommendations on
changes to water efficiency standards or urban water use targets in
order to achieve the 20-percent reduction and to reflect updated
efficiency information and technology changes.
10608.43. The department, in conjunction with the California Urban
Water Conservation Council, by April 1, 2010, shall convene a
representative task force consisting of academic experts, urban
retail water suppliers, environmental organizations, commercial water
users, industrial water users, and institutional water users to
develop alternative best management practices for commercial,
industrial, and institutional users and an assessment of the
potential statewide water use efficiency improvement in the
commercial, industrial, and institutional sectors that would result
from implementation of these best management practices. The
taskforce, in conjunction with the department, shall submit a report
to the Legislature by April 1, 2012, that shall include a review of
multiple sectors within commercial, industrial, and institutional
users and that shall recommend water use efficiency standards for
commercial, industrial, and institutional users among various sectors
of water use. The report shall include, but not be limited to, the
following:
(a) Appropriate metrics for evaluating commercial, industrial, and
institutional water use.
(b) Evaluation of water demands for manufacturing processes,
goods, and cooling.
(c) Evaluation of public infrastructure necessary for delivery of
recycled water to the commercial, industrial, and institutional
sectors.
(d) Evaluation of institutional and economic barriers to increased
recycled water use within the commercial, industrial, and
institutional sectors.
(e) Identification of technical feasibility and cost of the best
management practices to achieve more efficient water use statewide in
the commercial, industrial, and institutional sectors that is
consistent with the public interest and reflects past investments in
water use efficiency.
10608.44. Each state agency shall reduce water use at facilities it
operates to support urban retail water suppliers in meeting the
target identified in Section 10608.16.
10608.16. (a) The state shall achieve a 20-percent reduction in
urban per capita water use in California on or before December 31,
2020.
(b) The state shall make incremental progress towards the state
target specified in subdivision (a) by reducing urban per capita
water use by at least 10 percent on or before December 31, 2015.
10608.20. (a) (1) Each urban retail water supplier shall develop
urban water use targets and an interim urban water use target by July
1, 2011. Urban retail water suppliers may elect to determine and
report progress toward achieving these targets on an individual or
regional basis, as provided in subdivision (a) of Section 10608.28,
and may determine the targets on a fiscal year or calendar year
basis.
(2) It is the intent of the Legislature that the urban water use
targets described in paragraph (1) cumulatively result in a
20-percent reduction from the baseline daily per capita water use by
December 31, 2020.
(b) An urban retail water supplier shall adopt one of the
following methods for determining its urban water use target pursuant
to subdivision (a):
(1) Eighty percent of the urban retail water supplier's baseline
per capita daily water use.
(2) The per capita daily water use that is estimated using the sum
of the following performance standards:
(A) For indoor residential water use, 55 gallons per capita daily
water use as a provisional standard. Upon completion of the
department's 2016 report to the Legislature pursuant to Section
10608.42, this standard may be adjusted by the Legislature by
statute.
(B) For landscape irrigated through dedicated or residential
meters or connections, water efficiency equivalent to the standards
of the Model Water Efficient Landscape Ordinance set forth in Chapter
2.7 (commencing with Section 490) of Division 2 of Title 23 of the
California Code of Regulations, as in effect the later of the year of
the landscape's installation or 1992. An urban retail water supplier
using the approach specified in this subparagraph shall use
satellite imagery, site visits, or other best available technology to
develop an accurate estimate of landscaped areas.
(C) For commercial, industrial, and institutional uses, a
10-percent reduction in water use from the baseline commercial,
industrial, and institutional water use by 2020.
(3) Ninety-five percent of the applicable state hydrologic region
target, as set forth in the state's draft 20x2020 Water Conservation
Plan (dated April 30, 2009). If the service area of an urban water
supplier includes more than one hydrologic region, the supplier shall
apportion its service area to each region based on population or
area.
(4) A method that shall be identified and developed by the
department, through a public process, and reported to the Legislature
no later than December 31, 2010. The method developed by the
department shall identify per capita targets that cumulatively result
in a statewide 20-percent reduction in urban daily per capita water
use by December 31, 2020. In developing urban daily per capita water
use targets, the department shall do all of the following:
(A) Consider climatic differences within the state.
(B) Consider population density differences within the state.
(C) Provide flexibility to communities and regions in meeting the
targets.
(D) Consider different levels of per capita water use according to
plant water needs in different regions.
(E) Consider different levels of commercial, industrial, and
institutional water use in different regions of the state.
(F) Avoid placing an undue hardship on communities that have
implemented conservation measures or taken actions to keep per capita
water use low.
(c) If the department adopts a regulation pursuant to paragraph
(4) of subdivision (b) that results in a requirement that an urban
retail water supplier achieve a reduction in daily per capita water
use that is greater than 20 percent by December 31, 2020, an urban
retail water supplier that adopted the method described in paragraph
(4) of subdivision (b) may limit its urban water use target to a
reduction of not more than 20 percent by December 31, 2020, by
adopting the method described in paragraph (1) of subdivision (b).
(d) The department shall update the method described in paragraph
(4) of subdivision (b) and report to the Legislature by December 31,
2014. An urban retail water supplier that adopted the method
described in paragraph (4) of subdivision (b) may adopt a new urban
daily per capita water use target pursuant to this updated method.
(e) An urban retail water supplier shall include in its urban
water management plan due in 2010 pursuant to Part 2.6 (commencing
with Section 10610) the baseline daily per capita water use, urban
water use target, interim urban water use target, and compliance
daily per capita water use, along with the bases for determining
those estimates, including references to supporting data.
(f) When calculating per capita values for the purposes of this
chapter, an urban retail water supplier shall determine population
using federal, state, and local population reports and projections.
(g) An urban retail water supplier may update its 2020 urban water
use target in its 2015 urban water management plan required pursuant
to Part 2.6 (commencing with Section 10610).
(h) (1) The department, through a public process and in
consultation with the California Urban Water Conservation Council,
shall develop technical methodologies and criteria for the consistent
implementation of this part, including, but not limited to, both of
the following:
(A) Methodologies for calculating base daily per capita water use,
baseline commercial, industrial, and institutional water use,
compliance daily per capita water use, gross water use, service area
population, indoor residential water use, and landscaped area water
use.
(B) Criteria for adjustments pursuant to subdivisions (d) and (e)
of Section 10608.24.
(2) The department shall post the methodologies and criteria
developed pursuant to this subdivision on its Internet Web site, and
make written copies available, by October 1, 2010. An urban retail
water supplier shall use the methods developed by the department in
compliance with this part.
(i) (1) The department shall adopt regulations for implementation
of the provisions relating to process water in accordance with
subdivision (l) of Section 10608.12, subdivision (e) of Section
10608.24, and subdivision (d) of Section 10608.26.
(2) The initial adoption of a regulation authorized by this
subdivision is deemed to address an emergency, for purposes of
Sections 11346.1 and 11349.6 of the Government Code, and the
department is hereby exempted for that purpose from the requirements
of subdivision (b) of Section 11346.1 of the Government Code. After
the initial adoption of an emergency regulation pursuant to this
subdivision, the department shall not request approval from the
Office of Administrative Law to readopt the regulation as an
emergency regulation pursuant to Section 11346.1 of the Government
Code.
(j) (1) An urban retail water supplier is granted an extension to
July 1, 2011, for adoption of an urban water management plan pursuant
to Part 2.6 (commencing with Section 10610) due in 2010 to allow the
use of technical methodologies developed by the department pursuant
to paragraph (4) of subdivision (b) and subdivision (h). An urban
retail water supplier that adopts an urban water management plan due
in 2010 that does not use the methodologies developed by the
department pursuant to subdivision (h) shall amend the plan by July
1, 2011, to comply with this part.
(2) An urban wholesale water supplier whose urban water management
plan prepared pursuant to Part 2.6 (commencing with Section 10610)
was due and not submitted in 2010 is granted an extension to July 1,
2011, to permit coordination between an urban wholesale water
supplier and urban retail water suppliers.
10608.22. Notwithstanding the method adopted by an urban retail
water supplier pursuant to Section 10608.20, an urban retail water
supplier's per capita daily water use reduction shall be no less than
5 percent of base daily per capita water use as defined in paragraph
(3) of subdivision (b) of Section 10608.12. This section does not
apply to an urban retail water supplier with a base daily per capita
water use at or below 100 gallons per capita per day.
10608.24. (a) Each urban retail water supplier shall meet its
interim urban water use target by December 31, 2015.
(b) Each urban retail water supplier shall meet its urban water
use target by December 31, 2020.
(c) An urban retail water supplier's compliance daily per capita
water use shall be the measure of progress toward achievement of its
urban water use target.
(d) (1) When determining compliance daily per capita water use, an
urban retail water supplier may consider the following factors:
(A) Differences in evapotranspiration and rainfall in the baseline
period compared to the compliance reporting period.
(B) Substantial changes to commercial or industrial water use
resulting from increased business output and economic development
that have occurred during the reporting period.
(C) Substantial changes to institutional water use resulting from
fire suppression services or other extraordinary events, or from new
or expanded operations, that have occurred during the reporting
period.
(2) If the urban retail water supplier elects to adjust its
estimate of compliance daily per capita water use due to one or more
of the factors described in paragraph (1), it shall provide the basis
for, and data supporting, the adjustment in the report required by
Section 10608.40.
(e) When developing the urban water use target pursuant to Section
10608.20, an urban retail water supplier that has a substantial
percentage of industrial water use in its service area may exclude
process water from the calculation of gross water use to avoid a
disproportionate burden on another customer sector.
(f) (1) An urban retail water supplier that includes agricultural
water use in an urban water management plan pursuant to Part 2.6
(commencing with Section 10610) may include the agricultural water
use in determining gross water use. An urban retail water supplier
that includes agricultural water use in determining gross water use
and develops its urban water use target pursuant to paragraph (2) of
subdivision (b) of Section 10608.20 shall use a water efficient
standard for agricultural irrigation of 100 percent of reference
evapotranspiration multiplied by the crop coefficient for irrigated
acres.
(2) An urban retail water supplier, that is also an agricultural
water supplier, is not subject to the requirements of Chapter 4
(commencing with Section 10608.48), if the agricultural water use is
incorporated into its urban water use target pursuant to paragraph
(1).
10608.26. (a) In complying with this part, an urban retail water
supplier shall conduct at least one public hearing to accomplish all
of the following:
(1) Allow community input regarding the urban retail water
supplier's implementation plan for complying with this part.
(2) Consider the economic impacts of the urban retail water
supplier's implementation plan for complying with this part.
(3) Adopt a method, pursuant to subdivision (b) of Section
10608.20, for determining its urban water use target.
(b) In complying with this part, an urban retail water supplier
may meet its urban water use target through efficiency improvements
in any combination among its customer sectors. An urban retail water
supplier shall avoid placing a disproportionate burden on any
customer sector.
(c) For an urban retail water supplier that supplies water to a
United States Department of Defense military installation, the urban
retail water supplier's implementation plan for complying with this
part shall consider the conservation of that military installation
under federal Executive Order 13514.
(d) (1) Any ordinance or resolution adopted by an urban retail
water supplier after the effective date of this section shall not
require existing customers as of the effective date of this section,
to undertake changes in product formulation, operations, or equipment
that would reduce process water use, but may provide technical
assistance and financial incentives to those customers to implement
efficiency measures for process water. This section shall not limit
an ordinance or resolution adopted pursuant to a declaration of
drought emergency by an urban retail water supplier.
(2) This part shall not be construed or enforced so as to
interfere with the requirements of Chapter 4 (commencing with Section
113980) to Chapter 13 (commencing with Section 114380), inclusive,
of Part 7 of Division 104 of the Health and Safety Code, or any
requirement or standard for the protection of public health, public
safety, or worker safety established by federal, state, or local
government or recommended by recognized standard setting
organizations or trade associations.
10608.28. (a) An urban retail water supplier may meet its urban
water use target within its retail service area, or through mutual
agreement, by any of the following:
(1) Through an urban wholesale water supplier.
(2) Through a regional agency authorized to plan and implement
water conservation, including, but not limited to, an agency
established under the Bay Area Water Supply and Conservation Agency
Act (Division 31 (commencing with Section 81300)).
(3) Through a regional water management group as defined in
Section 10537.
(4) By an integrated regional water management funding area.
(5) By hydrologic region.
(6) Through other appropriate geographic scales for which
computation methods have been developed by the department.
(b) A regional water management group, with the written consent of
its member agencies, may undertake any or all planning, reporting,
and implementation functions under this chapter for the member
agencies that consent to those activities. Any data or reports shall
provide information both for the regional water management group and
separately for each consenting urban retail water supplier and urban
wholesale water supplier.
10608.32. All costs incurred pursuant to this part by a water
utility regulated by the Public Utilities Commission may be
recoverable in rates subject to review and approval by the Public
Utilities Commission, and may be recorded in a memorandum account and
reviewed for reasonableness by the Public Utilities Commission.
10608.36. Urban wholesale water suppliers shall include in the
urban water management plans required pursuant to Part 2.6
(commencing with Section 10610) an assessment of their present and
proposed future measures, programs, and policies to help achieve the
water use reductions required by this part.
10608.40. Urban water retail suppliers shall report to the
department on their progress in meeting their urban water use targets
as part of their urban water management plans submitted pursuant to
Section 10631. The data shall be reported using a standardized form
developed pursuant to Section 10608.52.
10608.42. The department shall review the 2015 urban water
management plans and report to the Legislature by December 31, 2016,
on progress towards achieving a 20-percent reduction in urban water
use by December 31, 2020. The report shall include recommendations on
changes to water efficiency standards or urban water use targets in
order to achieve the 20-percent reduction and to reflect updated
efficiency information and technology changes.
10608.43. The department, in conjunction with the California Urban
Water Conservation Council, by April 1, 2010, shall convene a
representative task force consisting of academic experts, urban
retail water suppliers, environmental organizations, commercial water
users, industrial water users, and institutional water users to
develop alternative best management practices for commercial,
industrial, and institutional users and an assessment of the
potential statewide water use efficiency improvement in the
commercial, industrial, and institutional sectors that would result
from implementation of these best management practices. The
taskforce, in conjunction with the department, shall submit a report
to the Legislature by April 1, 2012, that shall include a review of
multiple sectors within commercial, industrial, and institutional
users and that shall recommend water use efficiency standards for
commercial, industrial, and institutional users among various sectors
of water use. The report shall include, but not be limited to, the
following:
(a) Appropriate metrics for evaluating commercial, industrial, and
institutional water use.
(b) Evaluation of water demands for manufacturing processes,
goods, and cooling.
(c) Evaluation of public infrastructure necessary for delivery of
recycled water to the commercial, industrial, and institutional
sectors.
(d) Evaluation of institutional and economic barriers to increased
recycled water use within the commercial, industrial, and
institutional sectors.
(e) Identification of technical feasibility and cost of the best
management practices to achieve more efficient water use statewide in
the commercial, industrial, and institutional sectors that is
consistent with the public interest and reflects past investments in
water use efficiency.
10608.44. Each state agency shall reduce water use at facilities it
operates to support urban retail water suppliers in meeting the
target identified in Section 10608.16.
