Water Code - Division 6: Urban Water Management Planning Act (secs. 10610 - 10656)

WATER CODE - WAT DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10656] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) CHAPTER 1. General Declaration and Policy [10610 - 10610.4] ( Chapter 1 added by Stats. 1983, Ch. 1009, Sec. 1. ) 10610. This part shall be known and may be cited as the “Urban Water Management Planning Act.” (Added by Stats. 1983, Ch. 1009, Sec. 1.) 10610.2. (a) The Legislature finds and declares all of the following: (1) The waters of the state are a limited and renewable resource subject to ever increasing demands. (2) The conservation and efficient use of urban water supplies are of statewide concern; however, the planning for that use and the implementation of those plans can best be accomplished at the local level. (3) A long-term, reliable supply of water is essential to protect the productivity of California’s businesses and economic climate. (4) As part of its long-range planning activities, every urban water supplier should make every effort to ensure the appropriate level of reliability in its water service sufficient to meet the needs of its various categories of customers during normal, dry, and multiple dry water years. (5) Public health issues have been raised over a number of contaminants that have been identified in certain local and imported water supplies. (6) Implementing effective water management strategies, including groundwater storage projects and recycled water projects, may require specific water quality and salinity targets for meeting groundwater basins water quality objectives and promoting beneficial use of recycled water. (7) Water quality regulations are becoming an increasingly important factor in water agencies’ selection of raw water sources, treatment alternatives, and modifications to existing treatment facilities. (8) Changes in drinking water quality standards may also impact the usefulness of water supplies and may ultimately impact supply reliability. (9) The quality of source supplies can have a significant impact on water management strategies and supply reliability. javascript:submitCodesValues('10610.','7.10.1','1983','1009','1',%20'id 242c9044-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10610.2.','7.10.1','2002','664','225',%20'id 242c9046-2921-11d9-a6d8-d26807e29bc0') (b) This part is intended to provide assistance to water agencies in carrying out their long-term resource planning responsibilities to ensure adequate water supplies to meet existing and future demands for water. (Amended by Stats. 2002, Ch. 664, Sec. 225. Effective January 1, 2003.) 10610.4. The Legislature finds and declares that it is the policy of the state as follows: (a) The management of urban water demands and efficient use of water shall be actively pursued to protect both the people of the state and their water resources. (b) The management of urban water demands and efficient use of urban water supplies shall be a guiding criterion in public decisions. (c) Urban water suppliers shall be required to develop water management plans to actively pursue the efficient use of available supplies. (Amended by Stats. 1995, Ch. 854, Sec. 2. Effective January 1, 1996.) WATER CODE - WAT DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10656] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) CHAPTER 2. Definitions [10611 - 10617] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) 10611. Unless the context otherwise requires, the definitions of this chapter govern the construction of this part. (Added by Stats. 1983, Ch. 1009, Sec. 1.) 10611.5. “Demand management” means those water conservation measures, programs, and incentives that prevent the waste of water and promote the reasonable and efficient use and reuse of available supplies. (Amended by Stats. 1995, Ch. 854, Sec. 3. Effective January 1, 1996.) 10612. javascript:submitCodesValues('10610.4.','7.10.1','1995','854','2',%20'id 242c9048-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10611.','7.10.2','1983','1009','1',%20'id 242e16ec-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10611.5.','7.10.2','1995','854','3',%20'id 242e16ee-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10612.','7.10.2','1983','1009','1',%20'id 242e16f0-2921-11d9-a6d8-d26807e29bc0') “Customer” means a purchaser of water from a water supplier who uses the water for municipal purposes, including residential, commercial, governmental, and industrial uses. (Added by Stats. 1983, Ch. 1009, Sec. 1.) 10613. “Efficient use” means those management measures that result in the most effective use of water so as to prevent its waste or unreasonable use or unreasonable method of use. (Added by Stats. 1983, Ch. 1009, Sec. 1.) 10614. “Person” means any individual, firm, association, organization, partnership, business, trust, corporation, company, public agency, or any agency of such an entity. (Added by Stats. 1983, Ch. 1009, Sec. 1.) 10615. “Plan” means an urban water management plan prepared pursuant to this part. A plan shall describe and evaluate sources of supply, reasonable and practical efficient uses, reclamation and demand management activities. The components of the plan may vary according to an individual community or area’s characteristics and its capabilities to efficiently use and conserve water. The plan shall address measures for residential, commercial, governmental, and industrial water demand management as set forth in Article 2 (commencing with Section 10630) of Chapter 3. In addition, a strategy and time schedule for implementation shall be included in the plan. (Amended by Stats. 1995, Ch. 854, Sec. 4. Effective January 1, 1996.) 10616. “Public agency” means any board, commission, county, city and county, city, regional agency, district, or other public entity. (Added by Stats. 1983, Ch. 1009, Sec. 1.) 10616.5. javascript:submitCodesValues('10613.','7.10.2','1983','1009','1',%20'id 242e16f2-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10614.','7.10.2','1983','1009','1',%20'id 242e16f4-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10615.','7.10.2','1995','854','4',%20'id 242e16f6-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10616.','7.10.2','1983','1009','1',%20'id 242e16f8-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10616.5.','7.10.2','1995','854','5',%20'id 242e16fa-2921-11d9-a6d8-d26807e29bc0') ‛Recycled water” means the reclamation and reuse of wastewater for beneficial use. (Added by Stats. 1995, Ch. 854, Sec. 5. Effective January 1, 1996.) 10617. “Urban water supplier” means a supplier, either publicly or privately owned, providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually. An urban water supplier includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells for ultimate resale to customers. This part applies only to water supplied from public water systems subject to Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 428. Effective September 29, 1996.) CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ARTICLE 1. General Provisions [10620 - 10621] ( Article 1 added by Stats. 1983, Ch. 1009, Sec. 1. ) 10620. (a) Every urban water supplier shall prepare and adopt an urban water management plan in the manner set forth in Article 3 (commencing with Section 10640). (b) Every person that becomes an urban water supplier shall adopt an urban water management plan within one year after it has become an urban water supplier. (c) An urban water supplier indirectly providing water shall not include planning elements in its water management plan as provided in Article 2 (commencing with Section 10630) that would be applicable to urban water suppliers or public agencies directly providing water, or to their customers, without the consent of those suppliers or public agencies. (d) (1) An urban water supplier may satisfy the requirements of this part by participation in areawide, regional, watershed, or basinwide urban water management planning where those plans will reduce preparation costs and contribute to the achievement of conservation and efficient water use. javascript:submitCodesValues('10617.','7.10.2','1996','1023','428',%20'id 242f9d9c-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10620.','7.10.3.1','2001','320','3',%20'id 242f9da2-2921-11d9-a6d8-d26807e29bc0') (2) Each urban water supplier shall coordinate the preparation of its plan with other appropriate agencies in the area, including other water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable. (e) The urban water supplier may prepare the plan with its own staff, by contract, or in cooperation with other governmental agencies. (f) An urban water supplier shall describe in the plan water management tools and options used by that entity that will maximize resources and minimize the need to import water from other regions. (Amended by Stats. 2001, Ch. 320, Sec. 3. Effective January 1, 2002.) 10621. (a) Each urban water supplier shall update its plan at least once every five years on or before December 31, in years ending in five and zero, except as provided in subdivisions (d) and (e). (b) Every urban water supplier required to prepare a plan pursuant to this part shall, at least 60 days before the public hearing on the plan required by Section 10642, notify any city or county within which the supplier provides water supplies that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan. The urban water supplier may consult with, and obtain comments from, any city or county that receives notice pursuant to this subdivision. (c) The amendments to, or changes in, the plan shall be adopted and filed in the manner set forth in Article 3 (commencing with Section 10640). (d) Each urban water supplier shall update and submit its 2015 plan to the department by July 1, 2016. (e) Each urban water supplier shall update and submit its 2020 plan to the department by July 1, 2021. (Amended by Stats. 2015, Ch. 49, Sec. 1. Effective January 1, 2016.) ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) 10630. It is the intention of the Legislature, in enacting this part, to permit levels of water management planning commensurate with the numbers of customers served and the volume of water supplied. (Added by Stats. 1983, Ch. 1009, Sec. 1.) javascript:submitCodesValues('10621.','7.10.3.1','2015','49','1',%20'id d03fb34d-a988-11e5-bbd5-e0a35b14a8ec') javascript:submitCodesValues('10630.','7.10.3.2','1983','1009','1',%20'id 24312448-2921-11d9-a6d8-d26807e29bc0') 10631. A plan shall be adopted in accordance with this chapter that shall do all of the following: (a) Describe the service area of the supplier, including current and projected population, climate, and other demographic factors affecting the supplier’s water management planning. The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in five-year increments to 20 years or as far as data is available. (b) Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five-year increments described in subdivision (a). If groundwater is identified as an existing or planned source of water available to the supplier, all of the following information shall be included in the plan: (1) A copy of any groundwater management plan adopted by the urban water supplier, including plans adopted pursuant to Part 2.75 (commencing with Section 10750), or any other specific authorization for groundwater management. (2) A description of any groundwater basin or basins from which the urban water supplier pumps groundwater. For basins that a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court or the board and a description of the amount of groundwater the urban water supplier has the legal right to pump under the order or decree. For basins that have not been adjudicated, information as to whether the department has identified the basin or basins as overdrafted or has projected that the basin will become overdrafted if present management conditions continue, in the most current official departmental bulletin that characterizes the condition of the groundwater basin, and a detailed description of the efforts being undertaken by the urban water supplier to eliminate the long-term overdraft condition. (3) A detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. (4) A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the urban water supplier. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. (c) (1) Describe the reliability of the water supply and vulnerability to seasonal or climatic shortage, to the extent practicable, and provide data for each of the following: javascript:submitCodesValues('10631.','7.10.3.2','2014','490','1.5',%20'id aa09d8f9-8328-11e4-a9d0-88c38d3f2ab7') (A) An average water year. (B) A single-dry water year. (C) Multiple-dry water years. (2) For any water source that may not be available at a consistent level of use, given specific legal, environmental, water quality, or climatic factors, describe plans to supplement or replace that source with alternative sources or water demand management measures, to the extent practicable. (d) Describe the opportunities for exchanges or transfers of water on a short term or long-term basis. (e) (1) Quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, identifying the uses among water use sectors, including, but not necessarily limited to, all of the following uses: (A) Single-family residential. (B) Multifamily. (C) Commercial. (D) Industrial. (E) Institutional and governmental. (F) Landscape. (G) Sales to other agencies. (H) Saline water intrusion barriers, groundwater recharge, or conjunctive use, or any combination thereof. (I) Agricultural. (J) Distribution system water loss. (2) The water use projections shall be in the same five-year increments described in subdivision (a). (3) (A) For the 2015 urban water management plan update, the distribution system water loss shall be quantified for the most recent 12-month period available. For all subsequent updates, the distribution system water loss shall be quantified for each of the five years preceding the plan update. (B) The distribution system water loss quantification shall be reported in accordance with a worksheet approved or developed by the department through a public process. The water loss quantification worksheet shall be based on the water system balance methodology developed by the American Water Works Association. (4) (A) If available and applicable to an urban water supplier, water use projections may display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans identified by the urban water supplier, as applicable to the service area. (B) To the extent that an urban water supplier reports the information described in subparagraph (A), an urban water supplier shall do both of the following: (i) Provide citations of the various codes, standards, ordinances, or transportation and land use plans utilized in making the projections. (ii) Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation and land use plans. Water use projections that do not account for these water savings shall be noted of that fact. (f) Provide a description of the supplier’s water demand management measures. This description shall include all of the following: (1) (A) For an urban retail water supplier, as defined in Section 10608.12, a narrative description that addresses the nature and extent of each water demand management measure implemented over the past five years. The narrative shall describe the water demand management measures that the supplier plans to implement to achieve its water use targets pursuant to Section 10608.20. (B) The narrative pursuant to this paragraph shall include descriptions of the following water demand management measures: (i) Water waste prevention ordinances. (ii) Metering. (iii) Conservation pricing. (iv) Public education and outreach. (v) Programs to assess and manage distribution system real loss. (vi) Water conservation program coordination and staffing support. (vii) Other demand management measures that have a significant impact on water use as measured in gallons per capita per day, including innovative measures, if implemented. (2) For an urban wholesale water supplier, as defined in Section 10608.12, a narrative description of the items in clauses (ii), (iv), (vi), and (vii) of subparagraph (B) of paragraph (1), and a narrative description of its distribution system asset management and wholesale supplier assistance programs. (g) Include a description of all water supply projects and water supply programs that may be undertaken by the urban water supplier to meet the total projected water use, as established pursuant to subdivision (a) of Section 10635. The urban water supplier shall include a detailed description of expected future projects and programs that the urban water supplier may implement to increase the amount of the water supply available to the urban water supplier in average, single-dry, and multiple-dry water years. The description shall identify specific projects and include a description of the increase in water supply that is expected to be available from each project. The description shall include an estimate with regard to the implementation timeline for each project or program. (h) Describe the opportunities for development of desalinated water, including, but not limited to, ocean water, brackish water, and groundwater, as a long-term supply. (i) For purposes of this part, urban water suppliers that are members of the California Urban Water Conservation Council shall be deemed in compliance with the requirements of subdivision (f) by complying with all the provisions of the “Memorandum of Understanding Regarding Urban Water Conservation in California,” dated December 10, 2008, as it may be amended, and by submitting the annual reports required by Section 6.2 of that memorandum. (j) An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in five-year increments to 20 years or as far as data is available. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water supplier’s plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water as required by subdivision (b), available from the wholesale agency to the urban water supplier over the same five-year increments, and during various water year types in accordance with subdivision (c). An urban water supplier may rely upon water supply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (c). (Amended by Stats. 2014, Ch. 490, Sec. 1.5. Effective January 1, 2015.) 10631.1. (a) The water use projections required by Section 10631 shall include projected water use for single-family and multifamily residential housing needed for lower income households, as defined in Section 50079.5 of the Health and Safety Code, as identified in the housing element of any city, county, or city and county in the service area of the supplier. (b) It is the intent of the Legislature that the identification of projected water use for single-family and multifamily residential housing for lower income households will assist a supplier in complying with the requirement under Section 65589.7 of the Government Code to grant a priority for the provision of service to housing units affordable to lower income households. (Added by Stats. 2005, Ch. 727, Sec. 2. Effective January 1, 2006.) 10631.2. (a) In addition to the requirements of Section 10631, an urban water management plan may, but is not required to, include any of the following information: (1) An estimate of the amount of energy used to extract or divert water supplies. (2) An estimate of the amount of energy used to convey water supplies to the water treatment plants or distribution systems. javascript:submitCodesValues('10631.1.','7.10.3.2','2005','727','2',%20'id 6bcabf89-72d9-11da-a721-bb9aa253beb1') javascript:submitCodesValues('10631.2.','7.10.3.2','2014','485','1',%20'id 62453263-8328-11e4-a9d0-88c38d3f2ab7') (3) An estimate of the amount of energy used to treat water supplies. (4) An estimate of the amount of energy used to distribute water supplies through its distribution systems. (5) An estimate of the amount of energy used for treated water supplies in comparison to the amount used for nontreated water supplies. (6) An estimate of the amount of energy used to place water into or withdraw from storage. (7) Any other energy-related information the urban water supplier deems appropriate. (b) The department shall include in its guidance for the preparation of urban water management plans a methodology for the voluntary calculation or estimation of the energy intensity of urban water systems. The department may consider studies and calculations conducted by the Public Utilities Commission in developing the methodology. (Added by Stats. 2014, Ch. 485, Sec. 1. Effective January 1, 2015.) 10631.5. (a) (1) Beginning January 1, 2009, the terms of, and eligibility for, a water management grant or loan made to an urban water supplier and awarded or administered by the department, state board, or California Bay-Delta Authority or its successor agency shall be conditioned on the implementation of the water demand management measures described in Section 10631, as determined by the department pursuant to subdivision (b). (2) For the purposes of this section, water management grants and loans include funding for programs and projects for surface water or groundwater storage, recycling, desalination, water conservation, water supply reliability, and water supply augmentation. This section does not apply to water management projects funded by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (3) Notwithstanding paragraph (1), the department shall determine that an urban water supplier is eligible for a water management grant or loan even though the supplier is not implementing all of the water demand management measures described in Section 10631, if the urban water supplier has submitted to the department for approval a schedule, financing plan, and budget, to be included in the grant or loan agreement, for implementation of the water demand management measures. The supplier may request grant or loan funds to implement the water demand management measures to the extent the request is consistent with the eligibility requirements applicable to the water management funds. (4) (A) Notwithstanding paragraph (1), the department shall determine that an urban water supplier is eligible for a water management grant or loan even javascript:submitCodesValues('10631.5.','7.10.3.2','2009','4','2',%20'id 1e56489f-10aa-11df-8635-fac6a4a7b1ad') though the supplier is not implementing all of the water demand management measures described in Section 10631, if an urban water supplier submits to the department for approval documentation demonstrating that a water demand management measure is not locally cost effective. If the department determines that the documentation submitted by the urban water supplier fails to demonstrate that a water demand management measure is not locally cost effective, the department shall notify the urban water supplier and the agency administering the grant or loan program within 120 days that the documentation does not satisfy the requirements for an exemption, and include in that notification a detailed statement to support the determination. (B) For purposes of this paragraph, “not locally cost effective” means that the present value of the local benefits of implementing a water demand management measure is less than the present value of the local costs of implementing that measure. (b) (1) The department, in consultation with the state board and the California Bay-Delta Authority or its successor agency, and after soliciting public comment regarding eligibility requirements, shall develop eligibility requirements to implement the requirement of paragraph (1) of subdivision (a). In establishing these eligibility requirements, the department shall do both of the following: (A) Consider the conservation measures described in the Memorandum of Understanding Regarding Urban Water Conservation in California, and alternative conservation approaches that provide equal or greater water savings. (B) Recognize the different legal, technical, fiscal, and practical roles and responsibilities of wholesale water suppliers and retail water suppliers. (2) (A) For the purposes of this section, the department shall determine whether an urban water supplier is implementing all of the water demand management measures described in Section 10631 based on either, or a combination, of the following: (i) Compliance on an individual basis. (ii) Compliance on a regional basis. Regional compliance shall require participation in a regional conservation program consisting of two or more urban water suppliers that achieves the level of conservation or water efficiency savings equivalent to the amount of conservation or savings achieved if each of the participating urban water suppliers implemented the water demand management measures. The urban water supplier administering the regional program shall provide participating urban water suppliers and the department with data to demonstrate that the regional program is consistent with this clause. The department shall review the data to determine whether the urban water suppliers in the regional program are meeting the eligibility requirements. (B) The department may require additional information for any determination pursuant to this section. (3) The department shall not deny eligibility to an urban water supplier in compliance with the requirements of this section that is participating in a multiagency water project, or an integrated regional water management plan, developed pursuant to Section 75026 of the Public Resources Code, solely on the basis that one or more of the agencies participating in the project or plan is not implementing all of the water demand management measures described in Section 10631. (c) In establishing guidelines pursuant to the specific funding authorization for any water management grant or loan program subject to this section, the agency administering the grant or loan program shall include in the guidelines the eligibility requirements developed by the department pursuant to subdivision (b). (d) Upon receipt of a water management grant or loan application by an agency administering a grant and loan program subject to this section, the agency shall request an eligibility determination from the department with respect to the requirements of this section. The department shall respond to the request within 60 days of the request. (e) The urban water supplier may submit to the department copies of its annual reports and other relevant documents to assist the department in determining whether the urban water supplier is implementing or scheduling the implementation of water demand management activities. In addition, for urban water suppliers that are signatories to the Memorandum of Understanding Regarding Urban Water Conservation in California and submit biennial reports to the California Urban Water Conservation Council in accordance with the memorandum, the department may use these reports to assist in tracking the implementation of water demand management measures. (f) This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date. (Amended by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 2. Effective February 3, 2010. Repealed as of July 1, 2016, by its own provisions.) 10631.7. The department, in consultation with the California Urban Water Conservation Council, shall convene an independent technical panel to provide information and recommendations to the department and the Legislature on new demand management measures, technologies, and approaches. The panel shall consist of no more than seven members, who shall be selected by the department to reflect a balanced representation of experts. The panel shall have at least one, but no more than two, representatives from each of the following: retail water suppliers, environmental organizations, the business community, wholesale water suppliers, and academia. The panel shall be convened by January 1, 2009, javascript:submitCodesValues('10631.7.','7.10.3.2','2007','628','3',%20'id cb4b602c-a26a-11dc-acb5-9a6c6381fe29') and shall report to the Legislature no later than January 1, 2010, and every five years thereafter. The department shall review the panel report and include in the final report to the Legislature the department’s recommendations and comments regarding the panel process and the panel’s recommendations. (Added by Stats. 2007, Ch. 628, Sec. 3. Effective January 1, 2008.) 10632. (a) The plan shall provide an urban water shortage contingency analysis that includes each of the following elements that are within the authority of the urban water supplier: (1) Stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply, and an outline of specific water supply conditions that are applicable to each stage. (2) An estimate of the minimum water supply available during each of the next three water years based on the driest three-year historic sequence for the agency’s water supply. (3) Actions to be undertaken by the urban water supplier to prepare for, and implement during, a catastrophic interruption of water supplies including, but not limited to, a regional power outage, an earthquake, or other disaster. (4) Additional, mandatory prohibitions against specific water use practices during water shortages, including, but not limited to, prohibiting the use of potable water for street cleaning. (5) Consumption reduction methods in the most restrictive stages. Each urban water supplier may use any type of consumption reduction methods in its water shortage contingency analysis that would reduce water use, are appropriate for its area, and have the ability to achieve a water use reduction consistent with up to a 50 percent reduction in water supply. (6) Penalties or charges for excessive use, where applicable. (7) An analysis of the impacts of each of the actions and conditions described in paragraphs (1) to (6), inclusive, on the revenues and expenditures of the urban water supplier, and proposed measures to overcome those impacts, such as the development of reserves and rate adjustments. (8) A draft water shortage contingency resolution or ordinance. (9) A mechanism for determining actual reductions in water use pursuant to the urban water shortage contingency analysis. (b) Commencing with the urban water management plan update due July 1, 2016, for purposes of developing the water shortage contingency analysis pursuant to subdivision (a), the urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, javascript:submitCodesValues('10632.','7.10.3.2','2014','463','4',%20'id ae7b63eb-8328-11e4-a9d0-88c38d3f2ab7') waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code. (Amended by Stats. 2014, Ch. 463, Sec. 4. Effective January 1, 2015.) 10632.5. (a) In addition to the requirements of paragraph (3) of subdivision (a) of Section 10632, beginning January 1, 2020, the plan shall include a seismic risk assessment and mitigation plan to assess the vulnerability of each of the various facilities of a water system and mitigate those vulnerabilities. (b) An urban water supplier shall update the seismic risk assessment and mitigation plan when updating its urban water management plan as required by Section 10621. (c) An urban water supplier may comply with this section by submitting, pursuant to Section 10644, a copy of the most recent adopted local hazard mitigation plan or multihazard mitigation plan under the federal Disaster Mitigation Act of 2000 (Public Law 106-390) if the local hazard mitigation plan or multihazard mitigation plan addresses seismic risk. (Added by Stats. 2015, Ch. 681, Sec. 1. Effective January 1, 2016.) 10633. The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier. The preparation of the plan shall be coordinated with local water, wastewater, groundwater, and planning agencies that operate within the supplier’s service area, and shall include all of the following: (a) A description of the wastewater collection and treatment systems in the supplier’s service area, including a quantification of the amount of wastewater collected and treated and the methods of wastewater disposal. (b) A description of the quantity of treated wastewater that meets recycled water standards, is being discharged, and is otherwise available for use in a recycled water project. (c) A description of the recycled water currently being used in the supplier’s service area, including, but not limited to, the type, place, and quantity of use. (d) A description and quantification of the potential uses of recycled water, including, but not limited to, agricultural irrigation, landscape irrigation, wildlife habitat enhancement, wetlands, industrial reuse, groundwater recharge, indirect potable reuse, and other appropriate uses, and a determination with regard to the technical and economic feasibility of serving those uses. javascript:submitCodesValues('10632.5.','7.10.3.2','2015','681','1',%20'id 3324201b-a988-11e5-bbd5-e0a35b14a8ec') javascript:submitCodesValues('10633.','7.10.3.2','2009','534','2',%20'id e49c45c5-f15e-11de-a33d-82cc13b244c3') (e) The projected use of recycled water within the supplier’s service area at the end of 5, 10, 15, and 20 years, and a description of the actual use of recycled water in comparison to uses previously projected pursuant to this subdivision. (f) A description of actions, including financial incentives, which may be taken to encourage the use of recycled water, and the projected results of these actions in terms of acre-feet of recycled water used per year. (g) A plan for optimizing the use of recycled water in the supplier’s service area, including actions to facilitate the installation of dual distribution systems, to promote recirculating uses, to facilitate the increased use of treated wastewater that meets recycled water standards, and to overcome any obstacles to achieving that increased use. (Amended by Stats. 2009, Ch. 534, Sec. 2. Effective January 1, 2010.) 10634. The plan shall include information, to the extent practicable, relating to the quality of existing sources of water available to the supplier over the same five year increments as described in subdivision (a) of Section 10631, and the manner in which water quality affects water management strategies and supply reliability. (Added by Stats. 2001, Ch. 644, Sec. 3. Effective January 1, 2002.) ARTICLE 2.5. Water Service Reliability [10635- 10635.] ( Article 2.5 added by Stats. 1995, Ch. 854, Sec. 11. ) 10635. (a) Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and multiple dry water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from state, regional, or local agency population projections within the service area of the urban water supplier. (b) The urban water supplier shall provide that portion of its urban water management plan prepared pursuant to this article to any city or county within javascript:submitCodesValues('10634.','7.10.3.2','2001','644','3',%20'id 2435b832-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10635.','7.10.3.3','1996','124','152',%20'id 2435b836-2921-11d9-a6d8-d26807e29bc0') which it provides water supplies no later than 60 days after the submission of its urban water management plan. (c) Nothing in this article is intended to create a right or entitlement to water service or any specific level of water service. (d) Nothing in this article is intended to change existing law concerning an urban water supplier’s obligation to provide water service to its existing customers or to any potential future customers. (Amended (as added by Stats. 1995, Ch. 854) by Stats. 1996, Ch. 124, Sec. 152. Effective January 1, 1997.) ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) 10640. Every urban water supplier required to prepare a plan pursuant to this part shall prepare its plan pursuant to Article 2 (commencing with Section 10630). The supplier shall likewise periodically review the plan as required by Section 10621, and any amendments or changes required as a result of that review shall be adopted pursuant to this article. (Added by Stats. 1983, Ch. 1009, Sec. 1.) 10641. An urban water supplier required to prepare a plan may consult with, and obtain comments from, any public agency or state agency or any person who has special expertise with respect to water demand management methods and techniques. (Amended by Stats. 1995, Ch. 854, Sec. 12. Effective January 1, 1996.) 10642. Each urban water supplier shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of the plan. Prior to adopting a plan, the urban water supplier shall make the plan available for public inspection and shall hold a public hearing thereon. Prior to the hearing, notice of the time and place of hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code. The urban water supplier shall provide notice of the time and place of hearing to any city or county within which the supplier provides water supplies. A privately owned javascript:submitCodesValues('10640.','7.10.3.4','1983','1009','1',%20'id 24373eda-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10641.','7.10.3.4','1995','854','12',%20'id 24373edc-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10642.','7.10.3.4','2000','297','2',%20'id 24373ede-2921-11d9-a6d8-d26807e29bc0') water supplier shall provide an equivalent notice within its service area. After the hearing, the plan shall be adopted as prepared or as modified after the hearing. (Amended by Stats. 2000, Ch. 297, Sec. 2. Effective January 1, 2001.) 10643. An urban water supplier shall implement its plan adopted pursuant to this chapter in accordance with the schedule set forth in its plan. (Added by Stats. 1983, Ch. 1009, Sec. 1.) 10644. (a) (1) An urban water supplier shall submit to the department, the California State Library, and any city or county within which the supplier provides water supplies a copy of its plan no later than 30 days after adoption. Copies of amendments or changes to the plans shall be submitted to the department, the California State Library, and any city or county within which the supplier provides water supplies within 30 days after adoption. (2) The plan, or amendments to the plan, submitted to the department pursuant to paragraph (1) shall be submitted electronically and shall include any standardized forms, tables, or displays specified by the department. (b) (1) (A) Notwithstanding Section 10231.5 of the Government Code, and except as provided in subparagraph (B), the department shall prepare and submit to the Legislature, on or before December 31, in the years ending in six and one, a report summarizing the status of the plans adopted pursuant to this part. The report prepared by the department shall identify the exemplary elements of the individual plans. The department shall provide a copy of the report to each urban water supplier that has submitted its plan to the department. The department shall also prepare reports and provide data for any legislative hearings designed to consider the effectiveness of plans submitted pursuant to this part. (B) The department shall submit the report to the Legislature for the 2015 plans by July 1, 2017, and the report to the Legislature for the 2020 plans by July 1, 2022. (2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (c) (1) For the purpose of identifying the exemplary elements of the individual plans, the department shall identify in the report water demand management measures adopted and implemented by specific urban water suppliers, and identified pursuant to Section 10631, that achieve water savings significantly javascript:submitCodesValues('10643.','7.10.3.4','1983','1009','1',%20'id 24373ee0-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10644.','7.10.3.4','2015','49','2',%20'id d2d1a8cf-a988-11e5-bbd5-e0a35b14a8ec') above the levels established by the department to meet the requirements of Section 10631.5. (2) The department shall distribute to the panel convened pursuant to Section 10631.7 the results achieved by the implementation of those water demand management measures described in paragraph (1). (3) The department shall make available to the public the standard the department will use to identify exemplary water demand management measures. (Amended by Stats. 2015, Ch. 49, Sec. 2. Effective January 1, 2016.) 10645. Not later than 30 days after filing a copy of its plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours. (Added by Stats. 1990, Ch. 355, Sec. 4.) CHAPTER 4. Miscellaneous Provisions [10650 - 10656] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. ) 10650. Any actions or proceedings to attack, review, set aside, void, or annul the acts or decisions of an urban water supplier on the grounds of noncompliance with this part shall be commenced as follows: (a) An action or proceeding alleging failure to adopt a plan shall be commenced within 18 months after that adoption is required by this part. (b) Any action or proceeding alleging that a plan, or action taken pursuant to the plan, does not comply with this part shall be commenced within 90 days after filing of the plan or amendment thereto pursuant to Section 10644 or the taking of that action. (Amended by Stats. 1995, Ch. 854, Sec. 15. Effective January 1, 1996.) 10651. In any action or proceeding to attack, review, set aside, void, or annul a plan, or an action taken pursuant to the plan by an urban water supplier on the grounds of noncompliance with this part, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the supplier has not proceeded in a manner required by law or if the action by the water supplier is not supported by substantial evidence. (Added by Stats. 1983, Ch. 1009, Sec. 1.) javascript:submitCodesValues('10645.','7.10.3.4','1990','355','4',%20'id 24373ee4-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10650.','7.10.4','1995','854','15',%20'id 2438c588-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10651.','7.10.4','1983','1009','1',%20'id 2438c58a-2921-11d9-a6d8-d26807e29bc0') 10652. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the preparation and adoption of plans pursuant to this part or to the implementation of actions taken pursuant to Section 10632. Nothing in this part shall be interpreted as exempting from the California Environmental Quality Act any project that would significantly affect water supplies for fish and wildlife, or any project for implementation of the plan, other than projects implementing Section 10632, or any project for expanded or additional water supplies. (Amended by Stats. 1995, Ch. 854, Sec. 16. Effective January 1, 1996.) 10653. The adoption of a plan shall satisfy any requirements of state law, regulation, or order, including those of the State Water Resources Control Board and the Public Utilities Commission, for the preparation of water management plans or conservation plans; provided, that if the State Water Resources Control Board or the Public Utilities Commission requires additional information concerning water conservation to implement its existing authority, nothing in this part shall be deemed to limit the board or the commission in obtaining that information. The requirements of this part shall be satisfied by any urban water demand management plan prepared to meet federal laws or regulations after the effective date of this part, and which substantially meets the requirements of this part, or by any existing urban water management plan which includes the contents of a plan required under this part. (Amended by Stats. 1995, Ch. 854, Sec. 17. Effective January 1, 1996.) 10654. An urban water supplier may recover in its rates the costs incurred in preparing its plan and implementing the reasonable water conservation measures included in the plan. Any best water management practice that is included in the plan that is identified in the “Memorandum of Understanding Regarding Urban Water Conservation in California” is deemed to be reasonable for the purposes of this section. (Amended by Stats. 1994, Ch. 609, Sec. 1. Effective January 1, 1995.) 10655. If any provision of this part or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or javascript:submitCodesValues('10652.','7.10.4','1995','854','16',%20'id 2438c58c-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10653.','7.10.4','1995','854','17',%20'id 243a4c2e-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10654.','7.10.4','1994','609','1',%20'id 243a4c30-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('10655.','7.10.4','1983','1009','1',%20'id 243a4c32-2921-11d9-a6d8-d26807e29bc0') applications of this part which can be given effect without the invalid provision or application thereof, and to this end the provisions of this part are severable. (Added by Stats. 1983, Ch. 1009, Sec. 1.) 10656. An urban water supplier that does not prepare, adopt, and submit its urban water management plan to the department in accordance with this part, is ineligible to receive funding pursuant to Division 24 (commencing with Section 78500) or Division 26 (commencing with Section 79000), or receive drought assistance from the state until the urban water management plan is submitted pursuant to this article. (Amended by Stats. 2001, Ch. 643, Sec. 4. Effective January 1, 2002.) javascript:submitCodesValues('10656.','7.10.4','2001','643','4',%20'id 243a4c34-2921-11d9-a6d8-d26807e29bc0')