On October 9, 2015, Governor Brown signed a package of bills into law to help boost water conservation, strengthen groundwater management and improve water quality. The 24-bill package continues the Governor’s effort to address California’s historic drought, implement the Sustainable Groundwater Management Act (“SGMA”), and further the effort to make clean drinking water accessible to all Californians. Given the breadth of the package of bills signed, each bill is discussed in brief. However, should you have additional concerns or questions about any of the bills, please contact Barbara Brenner at barbara@whitebrennerllp.com.

Laws Effecting Municipalities and Special Districts

AB 1119 – Counties may require agreements for municipal utility projects in unincorporated territory.
The bill grants counties the right to require that municipalities that wish to own, construct, and operate a utility infrastructure project in unincorporated county territory enter into an agreement with the county regarding how the municipality will construct and operate that project.

AB 1164 – Prohibition on municipal drought tolerant landscape regulations.
Cities and counties are prohibited from enacting or enforcing any ordinance or regulation that prohibits the installation of drought tolerant landscaping, synthetic grass or artificial turf on residential property. They may impose reasonable restrictions on this type of landscaping, but the restrictions may not: (1) substantially increase the cost of installing such landscaping, (2) effectively prohibit the installation of landscaping, or (3) significantly impede the installation of such landscaping. The bills contains an urgency clause which means that it is effective as of October 9, 2015, when the Governor signed it.

SB 664 – Urban water management plans must include seismic risk assessments.
Urban water suppliers must include a seismic risk assessment and mitigation plan for their water system in their urban water management plan. Urban water suppliers may comply with this new requirement by demonstrating that an adopted local hazard mitigation plan or multi-hazard mitigation plan required under the federal Disaster Mitigation Act of 2000 (P.L. 106-390) addresses seismic risk.

SGMA and Groundwater Adjudication

AB 617 – Groundwater must be incorporated into regional planning.
This bill builds on the foundation of the SGMA and slightly modifies that law to require that groundwater planning be incorporated into regional planning, allows for public-private partnerships in groundwater management and provides Groundwater Sustainability Agencies (“GSAs”) with administrative and legal recourse if state action is inconsistent with an adopted Groundwater Sustainability Plan (“GSP”).

AB 939 – SGMA compliance for reclassified basins.
Following the recently released regulations regarding the reclassification of groundwater basins under Bulletin 118, AB 939 provides deadlines for low or very low priority groundwater basins that are reprioritized to medium or high priority basins by January 31, 2017 to comply with the requirements of SGMA. The GSAs in those reprioritized basins have until January 31, 2022 to develop and implement a GSP.

AB 1390 & SB 226 – Groundwater adjudication.
Together, these two bills establish a comprehensive approach to groundwater adjudication in the state. Before the passage of these bills and SGMA, a groundwater adjudication was an arduous, complex process that could last for 10 years or more. The system established in these bills streamlines the adjudication process and reduces the cost of these types of legal action. The bills and their impact on future groundwater adjudication has been previously discussed in a separate alert that is available here.

Clean Water Requirements

AB 434 – Water treatment regulations.
The current regulations for point of entry and point of use treatment for public water systems in lieu of centralized treatment for drinking water are set to sunset. The bill extends the regulation adopted by the California Department of Public Health until the State Water Resources Control Board adopts replacement regulations.

AB 496 – School district must provide clean drinking water.
AB 496 requires that school districts provide access to free, fresh drinking water during meal times. The bill also makes funding available to establish water quality projects and provides for a centralized internet website through the California Department of Education for funding information and infrastructure improvement projects.

AB 1531 – Technical amendments to drinking water standards.
The bill makes minor, technical changes to the Safe Drinking Water Act and the Clean Water Act as carried out by the State Water Resources Control Board. The changes focus on drinking water standards.

SB 637 – Suction dredge mining permit requirements.
Suction dredge mining continues to be a concern based on the impacts it can have on water quality. SB 637 authorizes the State Water Resources Control Board and the Department of Fish and Wildlife to implement and enforce requirements on individuals seeking suction dredge mining permits.

Drought Response and Climate Change

AB 606 – State property water efficiency requirements.
All state agencies are now required to reduce water consumption and increase water efficiencies when building on state-owned real property, purchasing real property, or replacing landscaping or irrigation. The one exception to these requirements is for property that is leased to private parties for agricultural uses.

SB 555 – Water Loss Audits.
Urban water suppliers must submit an annual water loss audit to the Department of Water Resources and identify steps taken to increase the validity of the data entered and reduce the volume of loss starting on October 1, 2017.

SB 758 – Atmospheric rivers and climate change.
SB 758 establishes a new program at the Department of Water Resources called Atmospheric Rivers: Research, Mitigation and Climate Forecasting Program to research climate forecasting and the causes and impacts of climate change on atmospheric rivers.

Access to Drinking Water

AB 401 – Low income water rate assistance.
The State Water Resources Control Board and the State Board of Equalization must develop a plan for funding and implementing the Low-Income Water Rate Assistance Program to allow low-income individuals to have access to drinking water.

AB 1077 – Mutual water company open meetings.
This bill further opens mutual water company meetings to participation by eligible individuals. It requires that mutual water companies allow eligible individuals to attend meetings, allow attendance through teleconferencing, and limit discussion to those items that are included on the agenda for the meeting unless there is an emergency situation.

SB 208 – Integrated Regional Water Management Plan grants.
The Integrated Regional Water Management Plan grant program may now provide advance funding where the project proponent is a nonprofit organization or a disadvantaged community, or the project benefits a disadvantaged community.

Regional Water Management

Northern California
SB 144 – American and Sacramento River flood control projects.
SB 144 provides for updated project descriptions and authorization for state flood control projects along the American and Sacramento Rivers to make the projects consistent with current federal feasibility studies and authorizations.

Southern California
AB 530 – Lower Los Angeles River working group.
The Lower Los Angeles River will now have a working group to establish and implement a revitalization plan for that watershed.

AB 965 – California-Mexico border river program.
The California-Mexico Border Relations Council must establish the New River Water Quality, Public Health, and River Parkway Development Program (“New River Program”). The New River Program will develop, implement and fund border-related projects to address water quality along the California-Mexico border region.

SB 355 – San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.
The governing structure of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy is amended to included 15 voting members and nine ex officio members.

SB 485 – Los Angeles County sanitation districts stormwater management.
The Los Angeles County sanitation districts may now divert, manage, treat, and discharge stormwater and dry weather runoff, as well as make beneficial use of the water.

Updates to Existing State Water Law

AB 142 – Mokelumne River studied for addition to Wild and Scenic Rivers System.
The Mokelumne River and its tributaries must be studied for addition to the Wild and Scenic Rivers System. That study must be completed by December 31, 2021.

SB 798 – Fish and Wildlife Code and Water Code Amendments.
SB 798 makes clarifying and technical changes to the Fish and Wildlife Code and Water Code. Generally, the amendments make minor changes to the governance of state boards and commissions such as the California Coastal Commission.