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HomeMy WebLinkAboutMINUTES - 05251999 - D5 Contra a TO: BOARD OF SUPERVISORS ''; Costa FROM; TRANSPORTATION, WATER & County INFRASTRUCTURE COMMITTEE Supervisor Donna Gerber, Chair Supervisor Mark DeSaulnier DATE. May 25, 1999 SUBJECT; REPORT FROM TRANSPORTATION, WATER& INFRASTRUCTURE COMMITTEE RECOMMENDING ADOPTION OF POSITIONS ON WATER RELATED LEGISLATION SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS; Consider adopting positions for the following legislation related to water supply and land use. 9 AB 1219 (Kuehl) Requires modification of the land use planning process and modification of the Subdivision Map Act to allow preparation time for and inclusion of water supply assessments for developments in General Plans, zoning and other land use decision processes, requiring land use decisions to be consistent with water assessment findings regarding water supply availability. • AB 1277 (Thomson) Requires LAFCO to make determinations regarding water supply as part of their sphere of influence or other land use decisions. LAFCO determinations would be required to be consistent with water assessment findings regarding water supply availability. FISCAL IMPACT - adoption of positions will have no fiscal impact CONTINUED ON ATTACHMENT; __X ._YES RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ; SUPERVISOR DONNA GERBER, CHAIR SUPERVISOR MARK OESAULNIER ACTION OF BOARD ON May 25 , 199 APPROVED AS RECOMMENDED xx OTHER xY IT IS BY TEE :BOARD ORDERED that the above legislative bills are SUPPORTED; and DIRECTED that staff work with the County' s lobbyists regarding these bills relative to the County" s land use processes . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT-= ) AND CORRECT COPY OF AN ACTION TAKEN AYES; NOES; #2 AND ENTERED ON THE MINUTES OF THE ABSENT; ABSTAIN;_ BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact; Roberta Goulart (926-336-1226) ATTESTED cc; Community Development Department (CDD) PHIL BATCHELOR, CLERK OF County Administrator Office THE BOARD OF SUPERVISORS LAFCO AND COUNTY ADMINISTRATOR BY _ , DEPUTY Report from Transportation, Water & Infrastructure Committee on Water-related legislation May 25, 1999 final map approval. The legislation states that decisions must be in accordance with prioritization of water categories, as described above. In those cases where it has been determined that insufficient supply exists, the city/county can work with the applicant and water supplier on alternative long-term sources. Because of the lengthy time period for the water supply assessment to be completed (up to 180 days), the legislation would amend the provision contained within the Subdivision Map Act which provides for automatic approval if no action is taken by the city/county legislative body within the prescribed time frame. The legislation also details additional components to be included in water demand forecasts, such as water supply, demand, demand management, including water conservation requirements, conservation (tiered) pricing, and many other components, combined with land use and population data. AB 1277, sponsored by Helen Thomson, requires LAFCO to make determinations regarding water supply for new areas before making their respective sphere of influence or other land use-related decisions. In circumstances where the local agency applicant is also a water supplier, the latest Urban Water Management Plan is needed and a determination must be made as to whether the projected water supply was included in the region to be annexed. LAFCO would need to make a determination as to whether the water supplies projected as part of the Plan are sufficient, before making a sphere (or other) determination. The local agency applicant would be required to submit a water supply assessment with the otherwise required resolution of application. The state Department of Water Resources would be asked to prepare the assessment if one was not forthcoming from the local agency/water supplier. The LAFCO Executive Officer would be required to prepare a report including the water supply assessment. If insufficient supply exists, the bill requires that instead of the current emphasis on planning for additional supply, the public water system is asked to prioritize categories of water service to customers, or potential customers, and LAFCO determinations would be consistent with these priorities. 3 Report from Transportation, Water & Infrastructure Committee on Water-related legislation May 25, 1999 BACKGROUNDIREASONS-FOR RECOMMENDATIONS The Transportation, Water& Infrastructure Committee has reviewed this legislation during meetings on April 19 and May 17: 1999. The Committee wishes to take a position on the legislation, but Committee members differ on the position to take. Therefore the report is introduced to the Board as a deliberation item, in order for the full board to discuss and take appropriate action. Three bills were initiated by EBMUD this year in order to orchestrate increased involvement of water suppliers in the land use planning process. Several years ago, after EBMUD encountered difficulties in the Dougherty Valley development review process, EBMUD initiated and Costa sponsored SB 901, passed by the legislature in 1995, requiring increased attention to water supply as part of the planning process. EBMUD is of the opinion that SB 901 has not been fully effective in establishing the "water supply and land use planning link". The proposed bills use different methods to accomplish the increased interaction of land use and water supply. AB 1219 by Kuehl, revises the land use permitting (and Subdivision Map Act) processes, and AB 1277 revises the LAFCO annexation process. A third bill (AB 1130 Costa) dealt with the environmental review process in the same manner, but has since been revised for some other purpose and no longer includes language relative to water supply and land use planning. The two (remaining) bills have the common theme of requiring a water assessment in the absence of a current urban water management plan which includes the proposed development. The water supplier has 90 days to prepare the assessment, and if an assessment is not forthcoming, one must be prepared (again within a 90 day time frame) by the California Department of Water Resources. Decisions in either scenario must be made in accordance with prioritization of water categories; prioritization gives highest priority to existing customers, then future expected customers within the service area, future expected customers within the sphere of influence, and last, future customers outside the sphere of influence. Decisions by a planning agency or LAFCO would be required to be in accordance with the water supply availability findings contained in the assessment. AB 1219, sponsored by Kuehl, proposes significant change to land use planning agency activities, (and reporting requirements for real estate transactions). The bill would require incorporation of water supply assessments in city/county General Plans. Planning Commission recommendations for amendments to the zoning ordinance would be required to be consistent with findings contained within the water supply assessment. The Planning Commission must also include prioritized categories for water service. Cities and Counties within the Delta are specifically referenced, and would be required to incorporate a detailed report evaluating potential discharges of potential projects from which runoff could affect drinking water sources. In circumstances where tentative map applications are deemed complete, notice would be sent within 5 days to the water provider for a water supply assessment. In all circumstances, if a water supply assessment for the area is over three years old, a new assessment would be prepared by the water supplier within 90 days, If the water supplier does not provide the assessment, the Department of Water Resources must provide one, again within a 90 day time frame, (totaling 180 days), This bill (AB 1219), would require denial at the tentative (or parcel) map stage, in circumstances where water supply is deemed insufficient, rather than the existing practice of conditioning the tentative map to provide adequate water supply prior to 2 AS 1277 Assembly Sill -Status Page 1 of 1 HELP MAIN MENU LE�` � COM FILE MANAGER/FOLDERS A!U*z i SEARCH FOR LEGISLATION Imm 4W, .After W*# WKS HEARINGS AND FLOOR SCHEDULES IS GENERAL LEGISLATIVE INFORMATION STATE CAPITOL TODAY OTHER ONLINE RESOURCES CURRENT BTT-LL STATUS MEASURE t A.B. No. 1277 AUTHOR(S) Thomson. TOPIC . Local agency water supplies. HOUSE LOCATION . ASM +LAST AMENDED DATE . 04/08/1999 TYPE OF BILL Active Non-Urgency Non-Appropriations Majority Vote Required State-Mandated Local Program Fiscal Non-Tax Levy LAST HIST. ACT. DATE: 04/21/1999 LAST MIST. ACTION In committee. Set, first hearing. Hearing canceled at the request of author. COMM. LOCATION ASM LOCAL GOVERNMENT CO'MN. ACTION DATE 04/14/1999 COIF. ACTION . Hearing postponed by committee. 31 DAYS IN PRINT 03/29/1999 TITLE . An act to a:;end Sections 56841 and 56852 of, and to add Sections 56080.5, 56425.1, 56425.3, 56425.5, 56654, 56828.5, 56833.5, and 56852.1 to, the Government Code, and to add Section 10911.5 to the Water Code, relating to local agency water supplies. 800/372-7903-Toll-Free Telephone 9161446-9849-Sacramento Local Telephone 9161612-2040-24 Hour/7 Day PageNoice Mail legweb(Mcapweb.com - Email 5/19/99 4:57:27 PM AB 1277 Assembly Bill- History Page 1 of 1 HELP MAIN MENU LIEGWEELCOM FILE MANAGER/FOLDERS A#U*4V*i *$gr*Wme SEARCH FOR LEGISLATION a "O"T*U WSW W*Xf#*tom � HEARINGS AND FLOOR SCHEDULES GENERAL LEGISLATIVE INFORMATION THE STATE CAPITOL TODAY OTHER ONLINE RESOURCES COMPLETE BILL HISTORY BILI: NUMBER : A.B. No. 1277 AUTHOR Thomson TOPIC : local agency :water supplies. TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required State-Mandated Local Program Fiscal Non-Tax Levy BILL HISTORY 2959 Apr. 21 In committee: set, first hearing. Hearing canceled at the request of author. Apr. 15 In committee: nearing postponed by committee. Apr. 14 Re-referred to Com. on L. GOV. Apr. 8 From committee chair, :with author's amendments: Amend, and re-refer to Com. on L. GOV. mead second time and amended. Mar. 25 Referred to Com. on L. GOV. Mar. 1 head first time. Feb. 27 From printer. May be heard in committee March 29. Feb. 26 Introduced. To print. 800/372-7903-Toll-Free Telephone 915/446-9849-Sacramento Local Telephone „1it . 3 916/612-2040-24 Hour/7 Day PageNoice Mail leawebPcagweb.corn-Email th 5/19/99 4:57:53 PM AMENDED IN ASSEMBLY APRIL 8, 1999 CALIFORNIA LEGISLA'TURP--1999-2000 REGULAR SESSION ASSEMBLY BILL, No. 1277 Introduced by Assembly Member Thomson February 26, 1999 An act to amend Sections 56841 and 56852 of, and to add Seetien 56425.1 Sections 56080.5, 56425.1, 56425.3, .56425.5, 56654, 56828.5, 56833.5, and 56852.1 to, the GovernTnent Code, and to add Section 10911.5 to the Water Code, relating to local agency water supplies. LEGISLATIVE COUNSEL'S DIGEST AB 1277, as amended, Thomson. Local agency water supplies, (1) Existing law requires the local agency formation commission in each county to develop the sphere of influence of each local governmental agency and make certain determinations relating to land use, the present and probable need for public facilities and services, and other factors. This bill would require the commission, before making those determinations with respect to any local agency that provides or will provide a domestic water supply, to request a copy of the agency's most recently adapted urban water management plan. The bill would require the commission to .request the agency to assess whether the projected water demand within the territory proposed to be included in the agency's sphere of influence was included as part of the agency's most recently adopted urban water management 98 AB 1277 —2— plan, 2—plant, as defined The bill would further require the commission, before determining, adopting, or amending a sphere of influence of any local government agency that provides or will provide a domestic water supply, to determine whether the projected water supplies will be sufficient for the demands of the territory proposed to be included in the agency's sphere of influence. (2) Existing law requires that whenever a local agency submits a resolution of application for a change of organization or reorganization, it shall submit a plan for providing services within the affected territory, including specified information. This bill would also require the local agency to submit with the resolution of application a water supply assessment. (3) Existing law requires the executive officer of the commission, when an application to initiate proceedings has been acceptedforfa"ling, to issue a certificate offiling. This bill would also require the executive officer, when issuing a certificate of filing for a city or special district that is also a public water system and the affected territory contains or would contain a project, as defined, to immediately request the city or special district to assess whether the projected water demand was included in the most recently adopted urban water management plan. (4) Existing law requires the executive officer to prepare a report, including recommendations, on each application filed and reviewed. This bill would require the report to include the water supply assessment for any proposal for a change of organization or reorganization for a city or special district that is also a public water system. (5) Existing law requires the commission to considcr enumerated factors in the review of a proposal for a change of organization or reorganization of local government agencies. This bill would include among these factors a water supply assessment. f-3$— (6) Existing law requires the commission, after a hearing, to adopt a resolution making determinations approving or 98 -3— AB 1277 disapproving the proposal, with or without conditions, the plan of reorganization, or any alternative plan of reorganization. The resolution is required to contain additional specified findings and determinations. This gill would require , , ability of it Publie water- -System tO outside- mss- ss— e ie �ro aiti,,f is-- , y yy f pfepein the case of a proposal for a city or special district that is also a public water system, that the resolution contain other determinations concerning the sufficiency of projected water supplies, and if it determines that water supplies will not be sufficient to render its decision consistent with the prioritization of categories of water service, as specified in (7) below. (4)-- (7) Existing law requires that if, as a result of an assessnient by a city or county, which is proposing to snake changes to its general plan, of a public water system's ability to provide water to proposed projects, the public water system concludes its water supplies are, or will be, insufficient, it is required to provide to the city or county its plans for acquiring additional water supplies. This bill would require a public water system, in determining its ability to serve customers outside the current service area when it has or expects to have insufficient water supplies for existing customers, to prioritize categories of water service to customers or potential customers, as specified. (8) By imposing these duties upon the commission, this hill would impose a state-mandated local program. 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 snaking that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and ether procedures for claims whose statewide costs exceed$1,000,000. 48 AB 1277 —4— This --4— 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. Vote: majority, Appropriation. no, Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. (a) The Legislature finds and declares 2 all of the following. 3 (1) The length and severity of draughts in California 4 cannot be predicted with any accuracy. 5 (2) There are various factors that affect our ability to 6 ensure that adequate water supplies are available to meet 7 all of California's water demands, 8 (3) Because of these factors, it is not possible to 9 guarantee a permanent water supply for all water users 10 in California in the amounts requested. 11 (4) Therefore, it is critical that California's water 12 agencies carefully assess the reliability of their water 13 supply and delivery systems. 14 (5) Furthermore, California's overall water delivery 15 system has become less reliable over the last 20 years 16 because demand for water has continued to grow while 17 supplies available for consumptive uses have diminished. 18 (6) More and more often, California's water agencies 19 are required to impose water rationing on their 20 residential and business customers during this state's 21 frequent and severe periods of drought. 22 (7) Water supply planning to meet future growth 23 needs has become more critical than ever, and will 24 become an increasingly important water utility activity as 25 we approach the 21 st century. 6 (8) The identification of water supplies needed during 27 multiple-year droughts is vital to California's business 28 climate, as well as to the health of the agricultural 29 industry, environment, rural communities, and residents 30 who continue to be at risk of severe water cutbacks 31 during water shortage periods. 98 -5— A$ 1277 1 (9) An assessment of local agency formation 2 commission documents indicates that eater supply 3 availability is not being thoroughly considered when local 4 agency formation commissions are expanding service 5 boundaries, thereby compelling water service by a public b water system. 7 (b) Tberefore, it is the intent of the Legislature to 8 ensure that water supply availability is appropriately 9 evaluated when a local agency formation commission is 10 considering the modification of a sphere of influence or 11 an expansion of service boundaries for a public water 12 system. 13 SEC. 2. In enacting this act, the Legislature finds and 14 declares all of the following: 15 (a) Nothing in this tact is intended to change the duties 16 of a local agency formation commission where the 17 commission is not required to request, review, reference, 18 consider, or discuss a water supply assessment. 19 (b) Nothing in this act is intended to limit the 20 opportunity for the public to submit oral or written 21 testimony, protests, objections, or evidence to a local 22 agency formation commission, including, but not limited 23 to, an unsolicited water supply assessment, or to change 24 the duty of a commission to hear, consider, and receive 25 these submittals. 26 (c) Nothing in this tact is intended to create to right or 27 entitlement to water service or any specific level of water 28 service. 29 (d) Nothing in this act is intended to impose, extend, 30 or limit any duty concerning the obligation of a public 31 water system to provide certain service to its existing 32 customers or to any fixture customers. 33 (e) Nothing in this act is intended to change existing 34 law with respect to proposals or projects that are not 35 subject to this division. 36 (f) dor purposes of this section, "public water system" 37 means a public water system as defined in Section 10912 38 of the Water Code. 39 SES: 3. Section 56080.5 is added to the Government 40 Code, to read. 98 Alia 1277 —6- 1 6- 1 56080.5. "Urban water management plan" means an 2 urban water management plan adopted pursuant to fart 3 2.6 (commencing with Section 10610) of Division 6 of the 4 Water Code. 5 SEC. 4. Section 56425.1 is added to the Government 6 Code, to read: 7 56425.1. (a) Before making the determinations 8 required by subdivision (a) of Section 56425 for any local 9 government agency that provides or will provide a 10 domestic water supply, the commission shall request a 11 copy of the agency's most recently adopted urban water 12 management plan. 13 (b) The commission shall also request the agency to 14 assess whether the projected water demand within the 15 territory proposed to be included in the agency's sphere 16 of influence was included as part of the most recently 17 adopted urban water management plan. 18 (c) As part of that assessment, the agency shall 19 indicate whether its total projected water supplies 20 available during normal, single-dry, and multiple-dr-y 21 water years included in the 20-year projection in the 22 urban water management plan will meet the projected 23 water demand in the territory proposed to be included in 24 the agency's sphere of influence, in addition to the public 25 water system's existing and planned future uses. 26 (d) (I) The governing body of the agency shall 27 approve the assessment at a regular or special meeting 28 and submit the assessment to the commission no later 9 than 60 90 days after the date on which the request was 30 received. 31 5 .4 32 (2) I,f the agency fails to submit the assessment within 33 90 Clays, there the commission shall request the Director 34 of Water .resources to prepare the assessment pursuant 35 to subdivision (c) and the Director of Water Resources 36 shall submit the assessment to the commission not later 37 than 90 days after the slate on which the request was 38 received 39 (3) If the state incurs any costs for preparing the 40 assessment, the Controller shall deduct the amount of 98 -7— AB 1277 1 those costs from any subvention, payment, or 2 appropriation to or for the benefit of the public water 3 system until the total cost of the assessment has been 4 recovered by the state. 5 SEC 5. Section 56425.3 is added to the Government 6 Code, to read. 7 56425.3. (a) Before determining, adopting, or 8 amending a sphere of influence for any local government 9 agency that provides or will provide a domestic water 10 supply, the commission shall determine, based or, the 11 entire record, whether projected water supplies will be 12 sufficient to satisfy the demands of the territory proposed 13 to be included in the agency's sphere of ity7ttence, in 14 addition to existing and planned uses. 15 (b) In making that determination, the con mission 16 shall consider any water supply assessment approved by 17 the governing body of the agency pursuant to Section 18 56425.1 or 56828.5 of this code or subdivision (e) of Section 19 10910 of the Water Code. 20 (c) 1f the commission determines that water supplies 21 will not be sufficient to satisfy the dei-hands of the 22 territory proposed to be included in the agency's sphere 23 of influence, in addition to existing and planned uses, then 24 the commission shall render its decision on the sphere of 25 irgfluence adoption or amendment consistent with the 26 prioritization of categories of water service to customers 27 or potential customers, as set forth in Section 10911.5 of 28 the Water Code, unless the city or county, working in 29 conjunction with the applicant and public water system, 30 can identify and secure a sufficient, long-terns supply of 31 water to satisfy the demands of the territory proposed to 32 be included in the agency's sphere of influence. 33 SEC. 6. Section 56425.5 is added to the Government 34 Code, to read: 35 56425.5. Any environmental document prepared 36 pursuant to the California Environmental Quality Act 37 (Division 13 (commencing with Section 21000) of the 38 Public Resources Code) regarding the adoption or- 39 amendment of a sphere of influence for a local 40 government agency that provides or will provide a 98 AB 1277 —8- 1 -81 domestic water supply shall refer to, and include, a 2 discussion of the water supply assessment approved by 3 the governing body of the agency pursuant to Section 4 56425.1 or 56828.5 of this code or subdivision (e) of:Section 5 10910 of the Water Code. 6 SEC 7. ,Section 56654 is added to the Government 7 Code, to read: 8 56654. Whenever a local agency submits a resolution 9 of application for a change of organization or 10 reorganization for a city of special district that is also a 11 public water system, as defined in Section 10912 of the 12 Water Code, and the affected territory contains or would 13 contain a project, as defined in Section 10913 of the Water 14 Code, the local agency shall submit with the resolution of 15 application a water supply assessment approved by the 16 governing body of the city or special district pursuant to 17 Section 56425.1 or 56828.5 of this code or subdivision (e) 18 of Section 10910 of the Water Code. 19 SEC 8. Section 56828.5 is added to the Government 20 Code, to read: 21 56828.5. (a) When the executive officer issues a 22 certificate of filing for an application that includes a 23 change of organization or reorganization for a city or 24 special district that is also a public water system, as 25 defined in Section 10912 of the Water Code, and the 26 affected territory contains or would contain a project, as 27 defined in Section 10913 of the Water Code, the executive 28 officer ,shall immediately request the city or special 29 district to assess whether the projected water demand 30 associated with the proposed change of organization or 31 reorganization was included as part of its most recently 32 adopted urban water management plan. 33 (b) The city or special district shall indicate in its 34 assessment whether its total projected water supplies 35 available during normal, single-dr}; and multiple-dry 36 water years included in the 20-year projection contained 37 in the urban water management plan will meet the 38 projected water demand associated with the proposed 39 change of organization or reorganization, in addition to 98 -9— AB 1277 1 the public water system's existing and planned future uses. 3 (c) (1) The governing beady of the city or special 4 district shall approve the assessment at a regular or 5 special meeting and submit the assessment to the 6 executive officer no later than 90 clays after the date on 7 which the request was received. 8 (2) If the city or special district fails to submit its 9 assessment within 90 days, then the commission shall 10 request the Department of` Water ;Resources to prepare 11 the assessment pursuant to subdivision (b) and the 12 Department of Water Resources shall submit the 13 assessment to the commission not later than 90 clays after 14 the date on which the request was received. 15 (3) 1f the state incurs any costs for preparing the 16 assessment, the Controller shall deduct the amount of 17 those costs from any subvention, payment, or 18 appropriation to or for the benefit of the public water 19 systema until the total coast of the assessment has been 20 recovered by the state. 21 (d) If the city or special district concludes, as a result 22 of that assessment, that its water supplies are, or will be, 23 insufficient. the city or special district shall submit to the 24 commission its plans for acquiring additional water 25 supplies and any other information that is required under 26 paragraphs (1), (2), and (3) of subdivision (a) of Section 27 10.911 of the Water Code. 28 (e) Any environmental document prepared pursuant 29 to the California Environmental Quality Act (Division 13 30 (commencing with Section 21000) of the Public 31 Resources Code) for the proposal shall refer to and 32 include a discussion of the water supply assessment 33 approved by the governing body of the city or special 34 district pursuant to this section. 35 SEC. 9. Section 56833.5 is added to the Government 36 Code, to read, 37 56833.5. For any proposal that includes a change of 38 organization or reorganization for a city or special district 39 that is also a public water system, as defined in Section 40 10912 of the Water Code, the executive of report 98 AB 1277 _ 10- 1 10-- 1 shall also include the water supply assessment adopted 2 pursuant to Section 56828.5. The assessment shall not 3 exceed 10 standard typewritten pages in length unless the 4 executive officer determines that additional btformation 5 is appropriate. 6 SSC. 10. Section 55841 of the Government Code is 7 amended to read: 8 56841. Factors to be considered in the review of a 9 proposal shall include, but not be limited to, all of the 10 following: 11 (a) Population, population density; land area and land 12 use; per capita assessed valuation; topography, natural 13 boundaries, and drainage basins; proximity to other 14 populated areas; the likelihood of significant growth in 15 the area, and in adjacent incorporated and 16 unincorporated areas, during the next 10 years. 17 (b) Need for organized community services; the 18 present cost and adequacy of governmental services and 19 controls in the area; probable future needs for those 20 services and controls; probable effect of the proposed 21 incorporation, formation, annexation, or exclusion and of 22 alternative courses of action on the cost and adequacy of 23 services and controls in the area and adjacent areas. 24 "Services," as used in this subdivision, refers to 25 governmental services whether or not the services are 26 services which would be provided by local agencies 27 subject to this division, and includes the public facilities 28 necessary to provide those services. 29 (c) The effect of the proposed action and of 30 alternative actions, on adjacent areas, on mutual social 31 and economic interests, and on the local governmental 32 structure of the county. 33 (d) The conformity of both the proposal and its 34 anticipated effects with both the adopted commission 35 policies on providing planned, orderly, efficient patterns 35 of urban development, and the policies and priorities set 37 forth in Section 56377. 38 (e) The effect of the proposal on maintaining the 39 physical and economic integrity of agricultural lands, as 40 defined by Section 56016. 98 -- 11 -- AB 1277 1 (f) The definiteness and certainty of the boundaries of the territory, the nonconformance of proposed 3 boundaries with lines of assessment or ownership, the 4 creation of islands or corridors of unincorporated 5 territory, and other similar matters affecting the 6 proposed boundaries. 7 (g) Consistency with city or county general and 8 specific plans. 9 (h) The sphere of influence of any local agency which 10 may be applicable to the proposal being reviewed. 11 (i) The comments of any affected local agency. 12 0) A water supply assessment submitted pursuant to 13 Section 56828.5. 14 & 15 SEC 11. Section 56852 of the Government Code is 16 amended to read: 17 56852, The resolution making determinations shall 18 also do all of the following: 19 (a) Make any of the findings or determinations 20 authorized or required pursuant to Section 56375. 21 (b) For any proposal initiated by the commission 22 pursuant to subdivision (a) of Section 56375, make both 23 of the following determinations: 24 (1) Public service costs of a proposal that the 25 commission is authorizing are likely to be less than or 26 substantially similar to the costs of alternative means of 27 providing the service. 28 (2) A change or organization or reorganization that is 29 authorized by the commission promotes public access 30 and accountability for community services needs and 31 financial resources. 32 33 e 34 is ettffe being pfovided by any p u b I.i.euyter ; 35 ' fee 36 Pfovi9tofl 01 37 wvailab4e -Wad 38 '. 39 or eetifify's --Is Fev lower 40 . 98 AB 1277 _12- 1 12-- 1 (c) For any proposal that includes a change of 2 organization or reorganization for a city or special district 3 that is also a public water system, as defined in Section 4 10912 of the Water Code, and the affected territory 5 contains or would contain a project, as defined in Section 6 10913 of the Water Code, make a determination, based on 7 the entire record, including an assessment subinitted 8 pursuant to Section 56828.5, whether the projected water 9 supplies will be sufficient to satisfy the demand of the 10 affected territory, in addition to existing and planned 11 future uses. 12 (d) 1f applicable, assign a distinctive short-term 13 designation to the affected territory and a description of 14 the territory. 15 (e) Direct the appropriate conducting authority to 16 initiate proceedings in compliance with the resolution. 17 & 18 SEC. 12. Section .56852.1 is added to the Government 19 Code, to read: 20 56852.18 If the commission determines, pursuant to 21 Section 56852, that current and projected water supplies 22 will not be sufficient to satisfy the water demands 23 associated with the proposed change of organization or 24 reorganization, in addition to existing and planned future 25 uses, then the commission shall render its decision on the 26 proposed change of organization or reorganization 27 consistent with the prioritization of categories of water 28 service to customers or potential customers, as set forth 29 in Section 10911.5 of the Water Code, unless the city or 30 county, working in conjunction with the applicant and 31 public water system, can identify and secure a sufficient, 32 long-term supply of water to satisfy the demands of the 33 proposed change of organization or reorganization. 34 SEC 13. ,Section 10911.5 is added to the Water Code, 35 to read: 36 10911.5. (a) In determining the ability of a public 37 water system to serve customers outside areas which 38 water service is currently being provided by any public 39 water system when the public water system finds that it 40 has, or is expected to have, insufficient water supplies to �s - 13— AB 1277 1 serve existing customers, in addition to the public water 2 system's planned future uses, during multiple-dry water 3 years, the following prioritization of categories of water 4 service to customers or potential customers shall be 5 applied; 6 (1) The highest priority shall be existing customers of 7 a retail water agency. S (2) the second priority shall be future expected 9 customers associated with new development within areas 10 currently receiving water service from a retail water 11 agency. 12 (5) The third priority shall be future expected 13 customers associated with new development outside 14 areas which currently receive water service, but within 15 the sphere of influence of a retail water agency. 16 (4) The fourth priority shalt be fiaure expected 17 customers associated with new development outside of 18 the sphere of influence of a retail water agency. 19 (b) The determination made pursuant to subdivision 20 (a) shall also be consistent with the obligation of a public 21 water system to grant a priority for the provision of 22 available and future water resources or services to 23 proposed housing developments which hello meet the 24 city's or county's share of the regional housing need for 25 lower income households, pursuant to Section 65539.7 of 26 the Government Code. 27 SES: 14. Notwithstanding Section 17610 of the 28 Government Code, if the Commission on State Mandates 29 determines that this act contains costs mandated by the 30 stag, reimbursement to local agencies and school 31 districts for those costs shall he made pursuant to Pail 7 32 (commencing with Section 17500) of division 4 of "Title 33 2 of the Government Code. If the statewide cost of the 34 claim for reimbursement does not exceed one million 35 dollars ($1,000,000), reimbursement shall he made from 36 the State Mandates Claims Fund. 0 98 AB 1219 Assembly Bill-Status Page 1 of 1 HELP LEG : � MAMENU FILE MANAGER/FOLDERS SEARCH FOR LEGISLATION Or wto WORNS � HEARINGS AND FLOOR SCHEDULES GENERAL LEGISLATIVE INFORMATION THE STATE CAPITOL TODAY OTHER ONLINE RESOURCES CURRENT BILL STATUS MEASURE : A.B. No. 1219 AUTHOR(S) . Kuehl. TOPIC . Land use: water supplies. HOUSE LOCATION . ASTM +LAST AMENDED DA'"E 04/07/1999 TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required State-Mandated Local, Program Fiscal. Non-Tax Levy LAST HIST. ACI'. DATE: 04/21/1999 LAST HIST. ACTION . In committee: Set, first hearing. Hearing canceled at the request of author. COMM. LOCATION . ASM LOCAL GOVERNMENT COMM. ACTION DATE 04/14/1999 CORA. ACTION . Hearing postponed by committee. 31 DAYS IN PRINT 03/29/1999 TITLE An act to amend Section 11010 of the Business and Professions Code, to amend Sections 65302.2, 65853, 65855, 65857, 66458, and 66474 of, and to add Section 66455.10 to, the Government Code, and to amend Section 10631 of, and to add Section 109:1.5 to, the Water Code, relating to land use. 800/372-7903-Toll-Free Telephones$ com 916/446-9849- Sacramento Local Telephone 916/612-2040-24 Hour/7 Day PageNoice Mail le„gweb@capyeb.com- Email 5/19/99 4:45:09 PM AB 1219 Assembly Bill -History Page 1 of 1 HELP MAIN MENU � � �• �COMFILE MANAGER/FOLDERS area �: t�t SEARCH FOR LEGISLATION INSINEL 4W 4' WAN W*)14 V HEARINGS AND FLOOR SCHEDULES GENERAL LEGISLATIVE INFORMATION THE STATE CAPITOL TOD OTHER ONLINE RESOURCES COMPLETE BILL HISTORY BILL DUMBER : A.B. No. 1219 AUTHOR : Kuehl. TOPIC band use: water supplies. TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required State-;undated Local. Program Fiscal. Non-Tax Levy BILL HISTORY 1999 Apr. 21 In committee: Set, first hearing. Hearing canceled at the request of author. Apr. 15 In committee: Hearing postponed by committee. Apr. 12 Re-referred to Com. on L. COV. Apr. 7 From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. Mar. 23 Referred to Com. on L. GOV. Mar. 1 Read first time. Feb. 27 From printer. May be heard in committee March 29. Feb. 26 Introduced. To print. 800/372-7903-Toll-Free Telephone 916/446-9849-Sacramento Local Telephone ° 9161612-2040-24 Hour 17 Day PageNoice Mail lggweb._capweb.com-Email 5119/99 4:46:04 PM AMENDED IN ASSEMBLY APRIL 7, 1999 CALIFORNIA LEGISLATURE-1999-2000 REGULAR SESSION ASSEMBLY BILL No. 1219 Introduced by Assembly Member Kuehl February 26, 1999 --H£'t c – 65352.3-- trig —® 4t – f3 is . An act to amend Section 11010 of the Business and Professions Code, to amend Sections 65302.2, 65853, 65855, 65857, 66458, and 66474 of, and to add Section 66455.10 to, the Government Code, and to amend .Section 10631 of, and to add Section 10911.5 to, the Water Code, relating to land use. LEGISLATIVE COUNSEUS DIGEST AB 1219, as amended, Kuehl. band use: water---gam supplies. (1) Existing law authorizes the Real Estate Cominissioner to adopt rules regulating the sale of subdivided lands and requires that any person who intends to offer subdivided lands within California for sale or lease file an application for a public report consisting of a notice of intention and a completed questionnaire with the Department of Real Estate that contains specified information. A violation of these provisions is a crime punishable as a felony or a misdemeanor: This bill would require that a notice of intention of a proposed subdivision that meets the definition of a specified project contain information that a water supply assessment has been completed. By expanding the definition of an 3s AB 1219 —2— existing crime, the bill would impose a state-mandated local program. (2) tinder the Planning and Zoning Law, a planning agency, prior to action by a legislative body to adopt or substantially amend a general plan, is required to refer the proposed action to specified entities, including a public water system, as defined. The public water system is required to provide the planning agency with specified information regarding the adequacy of existing and planned future water supplies to meet existing and planned future demands for water The act also requires that the general plan include specified elements, including a land use element, and provides that a legislative body may require a planning commission to study and report upon a zoning ordinance or an amendment to the ordinance pursuant to specified procedures. This bill would revise these provisions to require (a) that an assessment and specified information of the available water supplies be incorporated into the general plan upon the adoption of revision of any element of the general plan, (b) that the planning commission of a legislative body follow specified procedures when considering the adoption or amendment of a zoning ordinance in connection with a proposed water project, and (c) that the planning commission and the legislative body make their respective recommendations consistent with specified, prioritized categories of water service, except as specified, regarding the adoption of a zoning ordinance or an amendment to the ordinance if the commission or the body determines that current and projected water supplies will not be sufficient to satisfy the demands of the proposed project, in addition to existing and planned future uses. For a city or county within the Sacramento-San Joaquin Delta, upon the adoption or revision of any element of a general plan, the bill would require the city or county to incorporate a specified evaluation of potential discharges that affect sources of drinking water (3) Under the Subdivision Map Act, a legislative body of a city or county is required to deny approval of a tentative snap, or a parcel map for which a tentative map is not required, if 98 -3— AB 1219 it makes any of a number of specified findings, and the act requires that if the legislative body does not approve or disapprove the map within the prescribed time, or any authorized extension, and the map conforms to all requirements and rulings, the map shall be deemed approved, and the clerk of the legislative body shall certify or state its approval thereon. This bill would require a local agency, within 5 days of the determination that a tentative map application is complete, to send notice of this determination to the governing body of the public water system that may supply water to the subdivision to determine if a water supply assessment was prepared within 3 years and, if not, that the governing body is required to submit a water supply assessment pursuant to specified procedures within 90 days. This bill would also require a legislative body to render its decision on a final map consistent with specified, prioritized categories of water service and to disapprove a tentative or parcel map for which a tentative map was not required, if it determines that current and projected water supplies will not be sufficient to satisfy the demands of the proposed project, in addition to existing and planned future uses, based on the water supply assessment, unless the body, working in conjunction with the applicant and the public water system, can identify and secure a sufficient, long-term supply of water to satisfy the demands of the proposed project. The bill would repeal those provisions that provide that a final map is deemed approved if the legislative body does not approve or disapprove the map within the prescribed time. (4) Existing law requires every urban water supplier to prepare and adopt an urban water management plan that quantifies, among other things, past, current, and projected water use. This bill would impose additional requirements in developing projected water demand forecasts. By increasing the duties of local legislative bodies and local planning agencies and commissions under these acts, the bill would impose a state-mandated local program. (5) Ae California Constitution requires the state to reimburse local agencies and school districts for certain costs 98 AB 121.9 —4— mandated 4— mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a ,State .Mandates Claims Fund to pay the casts of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,0000. 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. (1) Uftder the Planning and v9 substantiaRy afnend it general t plan, is feqtiir-ed to fefer- 4tS plannedadequaey of e�Eisfing and planned ftiftife water- supplies to meet e-xisting and for whieh - tem—ati-ve map is net 9 if it makes anyThis bill Wettid fequife that the water. supply assesqmeftt pfeeess to the land use planning te eflhanee water supply Y te be used by the evzr des `—that watef supplies e&e insuffie-iie '. an'. IL 13 eity or eetinty makes speeified findings based on substantial leea4 pf. s t reimburse �FWii�d seheel distfietn f✓wf rift ain want.. -5— AB 1219 mandated by the state. Stawfery pfeNiSiefis establ-i-Rh the Q°j j�mandates $1,000,000 ` that, ee if the Gemmission an -&ftte Mandates detefmines that the bil. -eentains ea mandated by Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 SEGTION- --8eetie 6536-2.3 is t e€1=to the 2 SECTION 1. Section 11010 of the Business and 3 Professions Code is amended to read; 4 11010. (a) Except as otherwise provided pursuant to 5 subdivision (c) or elsewhere in this chapter, any person 6 who intends to offer subdivided lands within this state for 7 sale or lease shall file with the Department of Real Estate 8 an application for a public report consisting of a notice of 9 intention and a completed questionnaire on a form 10 prepared by the department. 11 (b) The notice of intention shall contain the following 12 information about the subdivided lands and the proposed 13 offering: 14 (1) The name and address of the owner. 15 (2) The name and address of the subdivider. 16 (3) The legal description and area of lands. 17 (4) A true statement of the condition of the title to the 18 land,particularly including all encumbrances thereon. 19 (5) A true statement of the terms and conditions on 20 which it is intended to dispose of the land, together with 21 copies of any contracts intended to be used. 22 (6) A true statement of the provisions, if any, that have 23 been made for public utilities in the proposed subdivision, 24 including water, electricity, gas, telephone, and sewerage 25 facilities. However,, for proposed subdivisions that meet 98 AB 1219 —6- 1 61 the definition of a project pursuant to Section 10913 of the 2 Water Code, a true statement of the provisions that have 3 been made for water service, including availability of 4 water supplies necessary to serve the proposed 5 subdivision, may only be transmitted from the public 6 water system to the person who is filing the notice of 7 intention and application for issuance of a public report 8 or the Department of Real Estate following the 9 completion of a water supply assessment pursuant to Part 10 2.10 (commencing with Section 10910) of Division 6 of the 11 Water Code, and Section 65853 or rection 66455.10 of the 12 Government Code. 13 (7) A, true statement of the use or uses for which the 14 proposed subdivision will be offered. 15 (8) A true statement of the provisions, if any, limiting 16 the use or occupancy of the parcels in the subdivision. 17 (9) A true statement of the amount of indebtedness 18 which is a lien upon the subdivision or any part thereof, 19 and which was incurred to pay for the construction of any 20 onsite or offsite improvement, or any community or 21 recreational facility. 22 (10) A true statement or reasonable estimate, if 23 applicable, of the amount of any indebtedness which has 24 been or is proposed to be incurred by an existing or 25 proposed special district, entity, taxing area, assessment 26 district, or community facilities district within the 27 boundaries of which, the subdivision, or any part thereof, 28 is located, and which is to pay for the construction or 29 installation of any improvement or to furnish community 30 or recreational facilities to that subdivision, and which 31 amounts are to be obtained by ad valorem tax or 32 assessment, or by a special assessment or tax upon the 33 subdivision, or any part thereof. 34 (11) (A) As to each school district serving the 35 subdivision, a statement from the appropriate district 36 that indicates the location of each high school, junior high 37 school, and elementary school sewing the subdivision, or 38 documentation that a statement to that effect has been 39 requested from the appropriate school district. 98 -7— AB 1219 1 (B) In the event that, as of the date the notice of 2 intention and application for issuance of a public report 3 are otherwise deemed to be qualitatively and 4 substantially complete pursuant to Section 11010.2, the 5 statement described in subparagraph (A) has not been 6 provided by any school district serving the subdivision, 7 the person who filed the notice of intention and 8 application for issuance of a public report immediately 9 shall provide the department with the name, address, and 10 telephone number of that district. 11 (12) The location of all existing airports, and of all 12 proposed airports shown on the general plan of any city 13 or county, located within two statute miles of the 14 subdivision. 15 (13) A true statement, if applicable, referencing any 16 soils or geologic report or soils and geologic reports that 17 have been prepared specifically for the subdivision. 18 (14) A true statement of whether or not fill is used, or 19 is proposed to be used in the subdivision and a statement 20 giving the name and the location of the public agency 21 where information concerning soil conditions in the 22 subdivision is available. 23 (15) Any other information that the owner, his or her 24 agent, or the subdivider may desire to present. 25 (c) The commissioner may, by regulation, or on the 26 basis of the particular circumstances of a proposed 27 offering, waive the requirement of the submission of a 28 completed questionnaire if the commissioner determines 29 that prospective purchasers or lessees of the subdivision 30 interests to be offered will be adequately protected 31 through the issuance of a public report based solely upon 32 information contained in the notice of intention. 33 SEC. 2. Section 65302.2 of the Government Code is 34 amended to read. 35 65302.2. (a) Upon the adoption, or revision, of any 36 element of a city or county's general plan, an of after 37 4�anttat:y ; the city or county shall-t,« do all of the 38 following: 99 AB 1219 —8- 1 81 (1) Utilize as a source document any urban water 2 management plan submitted to the city or county by a 3 water agency. 4 (2) Incorporate into the general plan the most recent 5 water supply assessment conducted pursuant to Section 6 10635 of the Water Code. 7 (3) Use and incorporate any information provided 8 pursuant to Section 65352.5, and part 2.10 (commencing 9 with Section 10910) of Division 6 of the Water Code. 10 (b) For a city or county within the Sacramento-San 11 Joaquin Delta, as described in Section 12220 of the Water 12 Code, upon the adoption or revision of any element of a 13 general plan, the city or county shall incorporate an 14 evaluation of potential discharges associated with 15 proposed development that would affect water bodies 16 that serve as a source of drinking water and the effect of 17 those discharges on water quality as it relates to human 18 use and consumption. 19 SES`. 3. Section 65853 of the government Code is 20 amended to read: 21 65853. (a) A zoning ordinance or an amendment to 22 a zoning ordinance, which amendment changes any 23 property from one zone to another or imposes any 24 regulation listed in Section 65850 not theretofore imposed 25 or removes or modifies any such regulation theretofore 26 imposed shall be adopted in the manner set forth in 27 Sections 65854 to 65857, inclusive. Any other amendment 28 to a zoning ordinance may be adopted as other 29 ordinances are adapted. 30 M�heft 31 (b) (1) If a .zoning ordinance or an amendment to a 32 zoning ordinance is proposed in connection with a 33 proposed project as defined in Section 10913 of the Water 34 Code, the planning commission shall identify the public 35 water system that may supply water for the proposed 36 project and inquire whether the public water system has 37 previously prepared a water supply assessment for the 38 proposed project. 39 (2) If a water supply assessment was prepared for the 40 project pursuant to fart 2.10 (commencing with Section 98 -9-- AB 1219 1 10910) of Division 6 of the Water Code within the prior 2 three years, the planning commission may utilize that 3 previously submitted assessment. 4 (3) If no water supply assessment has been prepared 5 pursuant to paragraph (2), then the planning commission 6 shall request a water supply assessment to be prepared by 7 the identified public water system pursuant to ,Sections 8 10910 and 10911 of the Water Code. 9 (c) (1) Within 90 days after receiving the request 10 made pursuant to paragraph (3) of subdivision (b), the 11 governing body of the public water system shall submit 12 the water supply assessment. 13 (2) If the governing body does not approve and submit 14 the assessment within 90 days, the local agency shall 15 request the Director of Water Resources to prepare the 16 assessment pursuant to paragraph (3) of subdivision (b) 17 and submit the assessment to the local agency not later 18 than 90 days after the date on which the request was 19 received. 24 (3) If the state incurs any costs for preparing the 21 assessment, the Controller shall deduct the amount of 22 those costs from any subvention, payment, or 23 appropriation to or for the benefit of the public water 24 system until the total cost of the assessment has been 25 recovered by the state. 26 (d) When the legislative body has requested the 27 planning commission to study and report upon a zoning 28 ordinance or amendment which is within the scope of this 29 section and the planning commission fails to act upon 30 sem---the request within a reasonable time, the legislative 31 body may, by written notice, require the planning 32 commission to render its report within 40 days, Upon 33 receipt of the written notice the planning commission, if 34 it has not done so, shall conduct the public hearing as 35 required by Section 65854. Failure to so report to the 36 legislative body within the above time period shall be 37 deemed to be approval of the proposed zoning ordinance 38 or amendment to a zoning ordinance, 39 aSRC. 4. ,Section 65855 of the Government Code is 40 amended to read; 98 AB 1219 — 10- 1 65855. (a) After the hearing, the planning 2 commission shall render its decision in the form of a 3 written recommendation to the legislative body. Such 4 recommendation shall include the reasons for the 5 recommendation, the relationship of the proposed 6 ordinance or amendment to applicable general and 7 specific plans, and the conclusions and findings contained 8 within the water supply assessment prepared pursuant to 9 Section 65853, and shall be transmitted to the legislative 10 body in such form and manner as may be specified by the 11 legislative body. 12 (b) If, based on the information submitted pursuant to 13 .Section 65853, the planning commission determines that 14 current and projected water supplies will not be 15 sufficient to satisfy the demands of the proposed project, 16 in addition to existing and planned future uses, then the 17 planning commission shall render its recommendation to 18 the legislative body consistent with the prioritization of 19 categories of water service to customers or potential 20 customers, as set forth in Section 10911.5 of the Dater 21 Code, unless the city or county, working in conjunction 22 with the applicant and public water system, can identify 23 and secure a sufficient, long-term supply of water to 24 satisfy the demands of the proposed project. 25 SEC. 5. Section 65857 of the Government Code is 26 amended to read; 27 65857. (a) The legislative body may approve, modify 28 or disapprove the recommendation of the planning 29 commission-, -Pr e. that, subject to subdivision (b). 30 However, any modification of the proposed ordinance or 31 amendment by the legislative body not previously 32 considered by the planning commission during its 33 hearing, shall first be referred to the planning commission 34 for report and recommendation, but the planning 35 commission shall not be required to hold a public heating 36 thereon. Failure of the planning commission to report 37 within feAy--{ } 40 days after the reference, or such 38 longer period as may be designated by the legislative 39 body, shall be deemed to be approval of the proposed 40 modification. 98 _ 11 — AB 1219 1 (b) If, based on the information submitted pursuant to 2 Section 65853, the legislative body determines that 3 current and projected water supplies will not be 4 sufficient to satisfy the demands of the proposed project, 5 in addition to existing and planned future uses, then the 6 legislative body shall render its decision on the zoning 7 ordinance or amendment to a zoning ordinance 8 consistent with the prioritization of categories of water 9 service to customers or potential customers, as set forth 10 in Section 10911.5 of the Water Code, unless the city or 11 county, working in conjunction with the applicant and 12 public water system, can identify and secure a sufficient, 13 long-term supply of water to satisfy the demands of the 14 proposed project. 15 SEC. 6. Section 66455.10 is added to the Government 16 Code, to read: 17 66455.10. (a) Within five days of the determination 18 that a tentative map application is complete in 19 connection with a proposed project as defined in Section 20 10913 of the Water Cade, the local agency shall send a 21 notice of this determination to the governing body of any 22 public water system identified by the local agency as the 23 public water system that may supply water for the 24 subdivision. The notice shall identify information about 25 the location of the proposed subdivision, the number of 26 units, density, and any other information that would be 27 relevant to the affected public water system. The notice 28 shall also inquire whether the public water system has 29 previously prepared a water supply assessment for the 30 proposed subdivision. 31 (b) If a water supply assessment was prepared for the 32 proposed subdivision pursuant to Part 2.10 (commencing 33 with Section 10910) of Division 6 of the Water Code 34 within the prior three years, the local agency may utilize 35 that previously submitted assessment. 36 (c) If no water supply assessment has been prepared 37 pursuant to subdivision (b), then the local agency shall 38 request a water supply assessment to be prepared by the 39 identified public water system pursuant to Sections 10910 40 and 10911 of the Water Code. 98 AB 1219 — 12- 1 12- 1 (d) (1) Within 90 days after receiving the request 2 made pursuant to subdivision (c), the governing body of 3 the public water system shall submit the water supply 4 assessment. 5 (2) If the governing body does not approve and submit 6 the assessment within 90 days, the local agency shall 7 request the Director of Water Resources to prepare the 8 assessment pursuant to subdivision (c) and submit the 9 assessment to the local agency not later that: 90 clays after 10 the date on which the request was received. 11 (3) If the state incurs any costs for preparing the 12 assessment, the Controller shall deduct the amount of 13 those costs from any subvention, payment, or 14 appropriation to or for the benefit of the public water 15 system until the total cost of the assessment has been 16 recovered by the state. 17 SEC. 7. Section 66458 of the Government Code is 18 amended to read: 19 66458. (a) (1) The legislative body shalt, at the 20 meeting at which it receives the map or, at its next regular 21 meeting after the meeting at which it receives the map, 22 approve the map if it conforms to all the requirements of 23 this chapter and any local subdivision ordinance 24 applicable at the time of approval or conditional approval 25 of the tentative map and any rulings made thereunder. 26 If the reap does not conform, the legislative body shall 27 disapprove the map. 28 (2) If, based on the information submitted pursuant to 29 Section 66455.10, the legislative body determines that 30 current and projected water supplies will not be 31 sufficient to satisfy the demands of the proposed protect, 32 in addition to existing and planned future uses, the 33 legislative body shall render its decision on the map 34 consistent with the prioritization of categories of water 35 service to customers or potential customers, as set forth 36 in Section 10911.5 of the Water Code, unless the city or 37 county, working in conjunction with the applicant and 38 public water system, can identify and secure a sufficient, 39 long-term supply of water to satisfy the demands of the 40 proposed project. 98 - 13— AB 1219 1 (b) If the legislatiye body does not appfeve e � 3fmthefized 7 and the map eenfefffis to ` mayrequirements "d 9 it shall be deemed , J and the eler4E of the legislatiye body shetIl eef".-*I.y- of St—ate 7 (e)—The meeting at which the legislative body receives 8 the map shall be the date on which the clerk of the 9 legislative body receives the map. 10 (d)--- 11 (c) The legislative body may provide, by ordinance, 12 for the approval or disapproval of final maps by the city 13 or county engineer, surveyor, or other designated official. 14 The legislative body may also provide, by ordinance, that 15 the official may accept, accept subject to improvement, 16 or reject dedications and offers of dedications that are 17 made by a statement on the map. Any ordinance adopted 18 pursuant to this subdivision shall provide that (1) the 19 designated official shall notify the legislative body at its 20 next regular meeting after the official receives the map 21 that the official is reviewing the trap for final approval, 22 (2) the designated official shall approve or disapprove the 23 final reap within 10 days following the meeting of the 24 legislative body that was preceded by the notice in (4) 25 below, (3) the designated official's action may be 26 appealed to the legislative body, (4) the legislative body 27 shall provide notice of any pending approval or 28 disapproval by a designated official, which notice shall be 29 attached and posted with the legislative body's regular 30 agenda and shall be mailed to interested parties who 31 request notice, and (5) the legislative body shall 32 periodically review the delegation of authority to the 33 designated official. Except as specifically authorized by 34 this subdivision, the processing of final traps shall 35 conform to all procedural requirements of this division. 36 SEC. S. Section 66474 of the Government Code is 37 amended to read: 38 66474. A legislative body of a city or county shall deny 39 approval of a tentative map, or a parcel map for which a 99 AB 1219 —14- 1 tentative map was not rewired, if it makes any of the 2 following findings~ 3 (a) That the proposed reap is not consistent with 4 applicable general and specific plans as specified in 5 Section 65451. 6 (b) That the design or improvement of the proposed 7 subdivision is not consistent with applicable general and 8 specific plans. 9 (c) That the site is not physically suitable for the type 10 of development. 11 (d) That the site is not physically suitable for the 12 proposed density of development. 13 (e) That the design of the subdivision or the proposed 14 improvements are likely to cause substantial 15 environmental damage or substantially and avoidably 16 injure fish or wildlife or their habitat. 17 (f) That the design of the subdivision or type of 18 improvements is likely to cause serious public health 19 problems. 20 (g) That the design of the subdivision or the type of 21 improvements will conflict with easements, acquired by 22 the public at large, for access through or use of, property 23 within the proposed subdivision. In this connection, the 24 governing body may approve a map if it finds that 25 alternate easements, for access or for use, will be 26 provided, and that these will be substantially equivalent 27 to ones previously acquired by the public. This subsection 28 shall apply only to easements of record or to easements 29 established by judgment of a court of competent 30 jurisdiction and no authority is hereby granted to a 31 legislative body to determine that the public at large has 32 acquired easements for access through or use of property 33 within the proposed subdivision. 34 (h) That current and projected water supplies will not 35 be sufficient to satisfy the demands rtj` the proposed 36 project, in addition to existing and planned future uses, 37 based on the information submitted pursuant to Section 38 66455.10, unless the city or county, working in 39 conjunction with the applicant and public water system, 98 - 15— AB 1219 1 can identify and secure a sufficient, long-terra supply of 2 water to satisfy the demands of the proposed project. 3 SES: 9. Vection 10631 of the tater Code is amended 4 to read.- 5 ead.5 10631. A plan shall be adapted in accordance with this 6 chapter and shall do all of the fallowing: 7 (a) Describe the service area of the supplier, including 8 current and projected population, climate, and other 9 demographic factors affecting the supplier's water 10 management planning. The projected population 11 estimates shall be based upon data from the state, 12 regional, or local service agency population projections 13 within the service area of the urban water supplier and 14 shall be in five-year increments to 20 years or as far as data 15 is available. 16 (b) Identify and quantify, to the extent practicable, 17 the existing and planned sources of water available to the 18 supplier over the same five-year increments as described 19 in subdivision (a). 20 (c) Describe the reliability of the water supply and 21 vulnerability to seasonal or climatic shortage, to the 22 extent practicable, and provide data for each of the 23 following: 24 (1) An average water year. 25 (2) A single dry water year. 26 (3) Multiple dry water years. 27 For any water source that may not be available at a 28 consistent level of use, given specific legal, 29 environmental, water quality, or climatic factors, 30 describe plans to replace that source with alternativc 31 sources or water demand management measures, to the 32 extent practicable. 33 (d) Describe the opportunities for exchanges or 34 transfers of water on a short-term or long-term basis, 35 (e) (1) Quantify, to the extent records are available, 36 past and current water use, over the same five-year 37 increments described in subdivision (a), and projected 38 water use, identifying the uses among water use sectors 39 including, but not necessarily limited to, all of the 40 fallowing uses: 99 AB 1219 — 16- 1 (A) Single-family residential. 2 (;3) Multifamily. 3 (C) Commercial. 4 (D) Industrial.. 5 (E) Institutional and governmental. 6 (F) Landscape. 7 (G) Sales to other agencies. 8 (H) Saline water intrusion barriers, groundwater 9 recharge, or conjunctive use, or any combination thereof. 10 (I) Agricultural. 11 (2) The water use projections shall be in the same 12 five-year increments as described in subdivision (a). 13 (3) In developing projected water demand forecasts, 14 public water systems shall do all of the following 15 (A) Incorporate information from the land use 16 elements of general plans prepared by cities and counties 17 within the public water system�service boundaries. 18 (B) Collect water use data and compile it by customer 19 classification within census tract boundaries. 20 (C) utilize available land use density models in 21 preparing water demandforecasting estimates. 22 (f) Provide a description of the supplier's water 23 demand management measures. This description shall 24 include all of the following: 25 (1) A description of each water demand management 26 measure that is currently being implemented, or 27 scheduled for implementation, including the steps 28 necessary to implement any proposed measures, 29 including,but not limited to, all of the following: 30 (A) Interior and exterior water audits and incentive 31 programs for single-family residential, multifamily 32 residential, governmental, and institutional customers. 33 (B) Enforcement of plumbing fixture efficiency 34 standards and programs to retrofit less efficient fixtures. 35 (C) Distribution system water audits, leak detection, 36 and repair. 37 (D) Metering with commodity rates for all new 38 connections and retrofit of existing connections. 39 (E) Large landscape water audits and incentives. 98 - 17— AB 1219 1 (F) Landscape water conservation requirements for 2 new and existing commercial, industrial, institutional, 3 governmental, and multifamily developments. 4 (G) Public information. 5 (H) School education. 6 (I) Commercial and industrial water conservation. 7 (J) New commercial and industrial water use review. 8 (K) Conservation pricing for water service and 9 conservation pricing for sewer service, where the urban 10 water supplier also provides sewer service. 11 (L) Landscape water conservation for new and 12 existing single-family homes. 13 (M) Water waste prohibitions. 14 (lel) Nater conservation coordinator. 15 (C) Financial incentives to encourage water 16 conservation. 17 (l') Ultra-low-flush toilet replacement. 18 (2) A schedule of implementation for all water 19 demand management measures proposed or described in 20 the plan. 21 (3) A description of the methods, if any, that the 22 supplier will use to evaluate the effectiveness of water 23 demand management measures implemented or 24 described under the plan. 25 (4) An estimate, if available, of existing conservation 26 savings on water use within the supplier's service area, 27 and the effect of such savings on the supplier's ability to 28 further reduce demand. 29 (g) An evaluation of each water demand management 30 measure listed in paragraph (1) of subdivision (f) that is 31 not currently being implemented or scheduled for 32 implementation. 1n the course of the evaluation, first 33 consideration shall be given to water demand 34 management measures, or combination of measures, 35 which offer lower incremental costs than expanded or 36 additional water supplies. This evaluation shall do all of 37 the following: 38 (1) Tape into account economic and Noneconomic 39 factors, including environmental, social, health, customer 40 impact, and technological factors. 98 I AB 1219 — 18- 1 (2) Include a cost-benefit analysis, identifying total 2 benefits and total costs. 3 (3) Include a description of funding available to 4 implement any planned water supply project that would 5 provide water at a higher unit cost. 6 (4) Include a description of the water supplier's legal 7 authority to implement the measure and efforts to work 8 with other relevant agencies to ensure the 9 implementation of the measure and to share the cost of 10 implementation. 11 (h) Urban water suppliers that are members of the 12 California Urban Water Conservation Council and 13 submit annual reports to that council in accordance with 14 the "Memorandum of Understanding Regarding Urban 15 Water Conservation in California," dated September 16 1991, may submit the annual reports identifying water 17 demand management measures currently being 18 implemented, or scheduled for implementation, to satisfy 19 the requirements of subdivisions (f) and (g). 20 SEC 10. Section 10911.5 is added to the Water Code, 21 to read: 22 10911.5. (a) In determining the ability of a public 23 water system to serve customers outside areas which 24 water service is currently being provided by any public 25 water systema when the public water system finds that it 26 has, or is expected to have, insufficient water supplies to 27 serve existing customers, in addition to the public ivvater 28 system's planned future uses, during multiple-dry water 29 years, the following prioritization of categories of water 30 service to customers or potential customers shall be 31 applied: 32 (1) The highest priority shall be existing customers of 33 a retail water agency. 34 (2) The second priority shall be future expected 35 customers associated with new development within areas 36 currently receiving water service from a retail water 37 agency. 38 (3) The third priority shall be future expected 39 customers associated with new development outside 98 _ 19— AB 1219 1 areas that currently receive water service, but within the 2 sphere of influence of a retail water agency. 3 (4) The fourth priority shall be future expected 4 customers associated with new development outside of 5 the sphere of influence of a retail water agency. 6 (b) The determination made pursuant to subdivision 7 (a) shall also be consistent with the obligation of a public 8 water system to grant a priority for the provision of 9 available and future water resources or services to 10 proposed housing developments that help meet the city's 11 or county's share of the regional housing need for lower 12 income households, pursuant to Section 65559.7 of the 13 Government Code. 14 Ge r m Gede, . ad 15 65352.3. (a) The Legislater-e finds and 16 17 18 19 lotad ttse and water supply ageneies Enid will enhaftee 20 21 ' 22 23 24 T 25 26supply 27 28 29 30 31 32 . 33 (b) 44te Imegislatufe— hef finds anddee4afes that --a 34 ptiblie water- system Should pfepare and subinit to lea 35 statement ef Rs --Sef2ve- -'vateer to the-, 36 pfaVesed devel pment fn addition to existing 37 . 3 , watef Supply 39 a essfftenOije-e-0--shall be linked—to the —us-e 40 planning eeess in —efElef -teenhaflee eaafdina6en 98 AB 1219 —20- 1 243--- systems z system's4 (d) A statement water 5 serve shall be pfepefed by a publie wetter- system and 6 submitted to the eity of to be used as a eendititm d �q f/ 5 and sha4l 8 ` _._...the most e ffen+L 11 .-f supply assessffient. J 1 y yto 12 S.tetioe. 109 11 of the 13 SEG. eetien 66426.3-is added to the Gayei-tinfteqt 14 ode,to rrea 15 16 its watef supplies afe, of will be, insulf-eitent fe meet th 17 18 y 19 2.0 21 22 , 23 sttbd _Pplieatiamy 24 y based en 25 L a }° } S -- --Y-d :�i_re f.��ni ee�s_air-e:'w-a'_e�srnt=�,-mn--feeefd- 25 (1) The-- ems-- Ian, ever ffien s— 27 y these pi-ovisfetis ideflfifyinbg 01- 28 lee 'en y etrid tiffii"g of new ryy��yy y 29 eensistent with the findings of publie wafer system. 30 awhieh 31 y , 32 33 y 34 genefa4 plan amendment,_Of 35 36 y 37 shall inelude a et 38 39plaee and 99 -21 — AB 1219 1 2 eefefften+ 3 SEG. :4. 4 SEC .Ila Notwithstanding Section 17610 of the 5 Government Code, if the Commission on State Mandates 6 determines that this act contains costs mandated by the 7 state, reimbursement to local agencies an school S districts for those costs shall be made pursuant to Part 7 9 (commencing with Section 17500) of Division 4 of Title 10 2 of the Government Code, If the statewide cost of the 11 claim for reimbursement does not exceed one million 12 dollars ($1,000,000), reimbursement shall be made from. 13 the State Mandates Claims Fund. G 98 f e