AMENDED IN SENATE MAY 8, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

96

CHAPTER 203

Statutes of 2019

[ Approved by Governor August 30, 2019. Filed with Secretary of State August 30, 2019. ]

Introduced by Senator Hertzberg

January 15, 2019

An act to add Section 10609.27 to the Water Code, relating to water conservation.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires each urban retail water supplier to calculate an urban water use objective no later than November 1, 2023, and by November 1 every year thereafter. Existing law requires the urban water use objective to be composed of the sum of certain water use estimates, including aggregate estimated efficient water losses. Existing law authorizes the State Water Resources Control Board to issue information orders, written notices, and conservation orders to an urban retail water supplier that does not meet its urban water use objective, as specified.

Existing law requires the board, no earlier than January 1, 2019, and no later than July 1, 2020, to adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses.

This bill would prohibit the board from issuing an information order, written notice, or conservation order to an urban retail water supplier that does not meet its urban water use objective if the board determines the urban retail water supplier is not meeting its urban water use objective solely because the volume of water loss exceeds the urban retail water supplier’s standard for water loss and the board is taking enforcement action against the urban retail water supplier for not meeting the performance standards for the volume of water losses.

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

SECTION 1.

Section 10609.27 is added to the Water Code, to read:

10609.27.

Notwithstanding Section 10609.26, the board shall not issue an information order, written notice, or conservation order pursuant to Section 10609.26 if both of the following conditions are met:

(a) The board determines that the urban retail water supplier is not meeting its urban water use objective solely because the volume of water loss exceeds the urban retail water supplier’s standard for water loss.

(b) Pursuant to Section 10608.34, the board is taking enforcement action against the urban retail water supplier for not meeting the performance standards for the volume of water losses.