California Assembly Bill AB2776 Amended / Bill

 BILL NUMBER: AB 2776AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 6, 2010 INTRODUCED BY Committee on Water, Parks and Wildlife (Huffman (Chair), Arambula, Blumenfield, Caballero, Bonnie Lowenthal, Salas, and Yamada)  (   Coauthors:   Assembly Members   Tom Berryhill,   Fletcher,   and Fuller   )  MARCH 1, 2010  An act to amend Sections 10608.20 and 10608.26 of the Water Code, relating to water conservation.   An act to amend Section 17516 of the Government Code, and to amend Sections 175, 1055.2, 1228.5, 1228.7, 1241, 1241.6, 1410, 1675, 1701.3, 1825, 13261, 13320, 13376, 13442, 13553, 13627, and 13627.4 of, to amend the headings of Article 1 (commencing with Section 13300) and Article 2 (commencing with Section 13320) of Chapter 5 of Division 7 of, to amend and renumber Section 13274 of, to add Section 13248 to, and to repeal Sections 1062 and 1241.5 of, the Water Code, relating to water.  LEGISLATIVE COUNSEL'S DIGEST AB 2776, as amended, Committee on Water, Parks and Wildlife.  Water conservation: urban water management.   Water.   (1) Existing law establishes 9 California regional water quality control boards. Each regional board consists of 9 members who are appointed by the Governor and who serve 4-year terms.   This bill would extend the terms of 2 board members on each regional board, as specified, to September 30, 2014.   (2) Existing law requires that, prior to the indoor use of recycled water in a condominium project, the agency delivering the recycled water to the condominium project file a report with the regional board and receive written approval of the report from the State Department of Public Health.   This bill instead would require the agency to file the report with the State Department of Public Health.  (3) This bill would update cross-references in, and delete obsolete provisions of, the Water Code, and make various other technical or clarifying changes.   Existing law imposes various water use reduction requirements that apply to urban retail water suppliers and agricultural water suppliers. The requirements include a requirement that the state achieve a 20% reduction in urban per capita water use by December 31, 2020. For the purpose of meeting this goal, an urban retail water supplier is required to develop urban water use targets and an interim water use target by July 1, 2011, and to take other related actions. Existing law requires an urban retail water supplier that supplies water to a United States Department of Defense military installation, for the purpose of preparing an implementation plan to comply with these water use reduction provisions, to consider specified requirements.   Existing law requires an urban water supplier to prepare and adopt, and update every 5 years, an urban water management plan. Existing law grants a specified extension to an urban retail water supplier for the adoption of an urban water management plan that is due in 2010, to allow use of certain technical methodologies that the Department of Water Resources is required to develop for purposes of those water use reduction provisions.   This bill would grant that extension to an urban wholesale water supplier, as specified. The bill would revise the requirements that apply to an urban retail water supplier that supplies water to that described military installation by requiring the supplier to consider the prior water conservation of that military installation for the purpose of preparing that implementation plan.  Vote: majority. Appropriation: no. Fiscal committee: no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 17516 of the   Government Code   is amended to read:  17516. "Executive order" means  any   an  order, plan, requirement, rule, or regulation issued by any of the following: (a) The Governor. (b)  Any   An  officer or official serving at the pleasure of the Governor. (c)  Any   An  agency, department, board, or commission of state government.  "Executive order" does not include any order, plan, requirement, rule, or regulation issued by the State Water Resources Control Board or by any regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. It is the intent of the Legislature that the State Water Resources Control Board and regional water quality control boards will not adopt enforcement orders against publicly owned dischargers which mandate major waste water treatment facility construction costs unless federal financial assistance and state financial assistance pursuant to the Clean Water Bond Act of 1970 and 1974, is simultaneously made available. "Major" means either a new treatment facility or an addition to an existing facility, the cost of which is in excess of 20 percent of the cost of replacing the facility.   SEC. 2.   Section 175 of the   Water Code   is amended to read:  175.  (a   )    There is in the  Resources   California Environmental Protection  Agency the State Water Resources Control Board consisting of five members appointed by the Governor. One of the members appointed shall be an attorney admitted to practice law in this state who is qualified in the fields of water supply and water rights, one shall be a registered civil engineer under the laws of this state who is qualified in the fields of water supply and water rights, one shall be a registered professional engineer under the laws of this state who is experienced in sanitary engineering and who is qualified in the field of water quality, and one shall be qualified in the field of water quality. One of the above-appointed persons, in addition to having the specified qualifications, shall be qualified in the field of water supply and water quality relating to irrigated agriculture. One member shall not be required to have specialized experience.  Each   (b)     Each  member shall represent the state at large and not any particular portion thereof and shall serve full time. The board shall, to the extent possible, be composed of members from different regions of the state. The appointments so made by the Governor shall be subject to confirmation by the Senate in accordance with Article 2 (commencing with Section 1770) of Chapter 4 of Division 4 of Title 1 of the Government Code.  SEC. 3.   Section 1055.2 of the   Water Code   is amended to read:  1055.2.  No   A  person or entity shall  not  be subject to both civil liability imposed under Section 1055 and civil liability imposed by the superior court under  subdivision (d) of  Section 1052  , Section 1536,  or  Section  1845 for the same act or failure to act.  SEC. 4.   Section 1062 of the   Water Code   is repealed.   1062. (a) The Legislature finds and declares as follows: (1) The watershed of the San Francisco Bay/Sacramento-San Joaquin Delta Estuary supplies a large percentage of water used in California. (2) The State Water Resources Control Board and the California regional water quality control boards are responsible for protecting all beneficial uses of those waters. Beneficial uses include those defined in subdivision (f) of Section 13050. (3) The board is engaged in a hearing process to consider revisions to the water quality standards contained in the existing water quality control plan for the Sacramento-San Joaquin Delta and Suisun Marsh and to consider new standards for San Francisco Bay. (4) There is a broad diversity of viewpoints regarding appropriate water quality standards and priorities with respect to the various beneficial uses. (5) Any new or revised standards and plans that derive from the hearing process will have a substantial impact on the people of California, and there is significant public interest in these deliberations. (b) It is the intent of the Legislature that the hearing process shall provide for the involvement of all those who wish to participate in these deliberations. It is further the intent of the Legislature that members of the general public shall have full access to the proceedings and to all official records of the hearings. (c) The board shall lodge one copy of the transcripts of the hearings referred to in subdivision (a) for inspection and use by the general public at the following locations: the headquarters of the State Water Resources Control Board in Sacramento; the headquarters of the regional water quality control boards in Los Angeles, Fresno, and San Diego; and the headquarters of the Environmental Protection Agency in San Francisco. The transcripts shall be updated on a timely basis throughout the course of the board's bay-delta hearing process. At the conclusion of the hearing process, one transcript shall be maintained at the headquarters of the board in Sacramento. (d) The board shall provide for staff services at the headquarters of the board in Sacramento and at the headquarters at each of the regional water quality control boards listed in subdivision (c) to assist the public in utilizing the transcripts and other documents and to facilitate participation by interested parties in the hearing process. (e) During the course of the board's bay-delta hearing process, the board shall provide for public access to an electronic data retrieval system capable of displaying the text of the hearing transcript at the following locations: the headquarters of the board in Sacramento; the headquarters of the regional water quality control boards in Oakland, Los Angeles, Fresno, Redding, Riverside, and San Diego; and the headquarters of the Environmental Protection Agency in San Francisco.   SEC. 5.   Section 1228.5 of the   Water Code   is amended to read:  1228.5. (a) Registration of a small domestic or livestock stockpond use pursuant to this article shall be renewed prior to the expiration of each five-year period following completed registration. (b) Renewal of registration shall be made upon a form prescribed by the board and shall contain  such   a  report of water use made pursuant to the registration as may be required by the board. (c) The conditions established by the board pursuant to Section 1228.6  which   that  are in effect at the time of renewal of registration shall supersede the conditions  which   that  were applicable to the original completed registration. (d) Failure to renew registration in substantial compliance with the reporting requirements prescribed by the board within the time period specified in subdivision (a), or to pay the renewal fee specified in  subdivision (b) of Section 1228.8   Section 1525  , shall result by operation of law in the revocation of any right acquired pursuant to this article.  SEC. 6.   Section   1228.7 of the   Water Code   is amended to read:  1228.7. (a)  Any   A  registrant may change the point of diversion or place of use by delivering to the board an amended registration form in accordance with Section 1228.3, including payment of the registration fee specified in  subdivision (a) of Section 1228.8   Section 1525  , except that the purpose of the use  may   shall  not be changed and the change  may   shall  not operate to the injury of any legal user of the water involved. (b)  Any   A  completed amended registration of water use continues in effect the priority of right as of the date of the original completed registration. (c) All provisions of this article regarding appropriations made pursuant thereto, including, but not limited to, provisions regarding enforcement, are applicable to the appropriation as described in the completed amended registration, except that the conditions established by the board pursuant to Section 1228.6  which   that  are in effect at the time of completion of the amended registration shall supersede the conditions  which   that  were applicable to the original completed registration.  SEC. 7.   Section 1241 of the   Water Code   is amended to read:  1241. When the person entitled to the use of water fails to use beneficially all or any part of the water claimed by him  or her  , for which a right of use has vested, for the purpose for which it was appropriated or adjudicated, for a period of five years,  such   that  unused water may revert to the public and shall, if reverted, be regarded as unappropriated public water.  Such   That  reversion shall occur upon a finding by the board following notice to the permittee  , licensee, or person holding a livestock stockpond certificate or small domestic or livestock stockpond use registration under this part  and a public hearing if requested by the permittee  , licensee, or certificate or registration holder  .  SEC. 8.   Section 1241.5 of the   Water Code   is repealed.   1241.5. The laws of this State with respect to loss of water rights by nonuse, abandonment, prescription, and lack of diligence shall not apply to water rights appurtenant to or for use on any trust land for the period of five years following the conveyance by the United States of an unrestricted title to the land and the water rights appurtenant to or for use on such land. As used in this section, "trust land" means any land in this State (a) to which the United States holds title in trust for any tribe, band, or other group of Indians, or for any particular Indian; or (b) owned by a particular Indian or any tribe, band, or group of Indians subject to a restriction against alienation imposed by the United States; or (c) held by the United States for the use of Indians in California, but not for any particular tribe, band, or group of Indians, or any particular Indian, if any part of such land is occupied by Indians or their families. The Legislature hereby finds and declares that because of historical conditions, the Indians of California will not be in a position fully to utilize and to protect water rights owned by them when unrestricted title to trust land is conveyed to them by the United States. A period is required during which the laws with respect to loss of water rights by nonuse, abandonment, prescription, and lack of diligence are suspended with regard to such land and water rights so that they will not lose the benefit of the water rights and the opportunity to make productive utilization of their land. The Legislature further finds and declares that such a suspension of the laws of this State with regard to such water rights is in the public interest and will promote the public welfare since it will promote the economic and social well-being of the Indians and the communities in which they reside and will encourage the self-sufficiency of the Indians. This section shall become operative upon the enactment of federal legislation authorizing the establishment of a California Indian Water Affairs Commission.   SEC. 9.   Section 1241.6 of the   Water Code   is amended to read:  1241.6. When water appropriated for irrigation purposes is not used by reason of compliance with crop control or soil conservation contracts with the United States, and in other cases of hardship as the board may by rule prescribe, the  three-year   five-year  forfeiture period applicable to water appropriated pursuant to the Water Commission Act or this code, and the forfeiture period applicable to water appropriated prior to December 19, 1914, shall be extended by an additional period of not more than 10 years or the duration of any crop control or soil conservation contracts with the United States if less than 10 years.  SEC. 10.   Section 1410 of the   Water Code   is amended to read:  1410. (a) There shall be cause for revocation of a permit if the work is not commenced, prosecuted with due diligence, and completed or the water applied to beneficial use as contemplated in the permit and in accordance with this division and the rules and regulations of the board. (b) A permit may be revoked  upon request of the permittee or  under either of the following procedures: (1) If, after a hearing on a petition for extension of time to complete a project and apply water to beneficial use, the board finds that cause exists to revoke the permit, the board may revoke the permit. (2) If, after an investigation other than a hearing on a petition for extension of time, it appears that cause exists to revoke a permit, the board shall give notice of proposed revocation in writing, mailed in a sealed, prepaid postage and certified letter to the permittee at his or her last known address. If the permittee fails to request a hearing with the time provided under Section 1410.1, the board shall revoke the permit and declare the water subject to appropriation. After a hearing, when a hearing is requested by the permittee pursuant to Section 1410.1, the board may, upon a finding that cause exists, revoke the permit and declare the water subject to appropriation.  SEC. 11.   Section 1675 of the   Water Code   is amended to read:  1675.  (a)    If  ,  at any time after a license is issued, the board finds that the licensee has not put the water granted under the license to a useful or beneficial purpose in conformity with this division or that the licensee has ceased to put the water to  such   that  useful or beneficial purpose, or that the licensee has failed to observe any of the terms and conditions in the license, the board  , after due notice to the licensee and after a hearing, when a hearing is requested by the licensee pursuant to Section 1675.1,  may revoke the license and declare the water to be subject to appropriation in accordance with this part.  As   (b) The board may revoke the license upon request of the licensee or after due notice to the licensee and after a hearing, when a hearing is requested by the licensee pursuant to Section 1675.1.   (c)     As  used in this section "licensee" includes the heirs, successors, or assigns of the licensee.  SEC. 12.   Section 1701.3 of the   Water Code   is amended to read:  1701.3. (a) After a petition is filed, the board may request additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted under this  article   chapter  . The board shall provide a reasonable period for submitting the information. (b) The additional information may include, but need not be limited to, any of the following: (1) Information needed to demonstrate that the change will not injure any other legal user of water. (2) Information needed to demonstrate that the change will comply with any applicable requirements of the Fish and Game Code or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.). (3) Information needed to comply with Division 13 (commencing with Section 21000) of the Public Resources Code. SEC. 13.   Section 1825 of the   Water Code   is amended to read:  1825. It is the intent of the Legislature that the state should take vigorous action to enforce the terms and conditions of permits  ,  licenses, certifications, and registrations to appropriate water, to enforce state board orders and decisions, and to prevent the unlawful diversion of water.  SEC. 14.   Section 13248 is added to the   Water Code   , to read:   13248. (a) At any time, the state board may, on its own motion, review the regional board's action or failure to act under this article. (b) The state board may find that the action of the regional board, or the failure of the regional board to act, was appropriate and proper. Upon finding that the action of the regional board, or the failure of the regional board to act, was inappropriate or improper, the state board may direct that appropriate action be taken by the regional board, refer the matter to another state agency having jurisdiction, take appropriate action itself, or take any combination of those actions. In taking any action, the state board is vested with all the powers of the regional boards under this division.   SEC. 15.   Section 13261 of the   Water Code   is amended to read:  13261. (a)  Any person failing   A person who fails  to furnish a report or pay a fee under Section 13260 when so requested by a regional board is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b). (b) (1) Civil liability may be administratively imposed by a regional board or the state board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (a) in an amount  that may not exceed   not exceeding  one thousand dollars ($1,000) for each day in which the violation occurs.  For purposes of this section only, the state board shall have the same authority and shall follow the same procedures as set forth in Article 2.5 (commencing with Section 13323) of Chapter 5, except that the executive director shall issue the complaint with review by the state board.  Civil liability  may   shall  not be imposed by the regional board pursuant to this section if the state board has imposed liability against the same person for the same violation. (2) Civil liability may be imposed by the superior court in accordance with Article 5 (commencing with Section 13350) and Article 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (a) in an amount  that may not exceed   not exceeding  five thousand dollars ($5,000) for each day the violation occurs. (c)  Any person discharging or proposing   A person who discharges or proposes  to discharge hazardous waste, as defined in Section 25117 of the Health and Safety Code, who knowingly furnishes a false report under Section 13260, or who either willfully fails to furnish a report or willfully withholds material information under Section 13260 despite actual knowledge of that requirement, may be liable in accordance with subdivision (d) and is guilty of a misdemeanor. This subdivision does not apply to any waste discharge that is subject to Chapter 5.5 (commencing with Section 13370). (d) (1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (c) in an amount  that may not exceed   not exceeding  five thousand dollars ($5,000) for each day the violation occurs. (2) Civil liability may be imposed by the superior court in accordance with Article 5 (commencing with Section 13350) and Article 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (c) in an amount  that may not exceed   not exceeding  twenty-five thousand dollars ($25,000).  SEC. 16.   Section 13274 of the   Water Code   , as added by Section 13 of Chapter 814 of the Statutes of 1997, is amended and renumbered to read:   13274.   13275.  (a) Notwithstanding any other  provision of  law,  any   a  public water system regulated by the State Department of  Health Services   Public Health  shall have the same legal rights and remedies against a responsible party, when the water supply used by that public water system is contaminated, as those of a private land owner whose groundwater has been contaminated. (b) For purposes of this section, "responsible party" has the same meaning as defined in Section 25323.5 of the Health and Safety Code.  SEC. 17.   The heading of Article 1 (commencing with Section 13300) of Chapter 5 of Division 7 of the   Water Code   is amended to read:  Article 1. Administrative Enforcement and Remedies  by Regional Boards   SEC. 18.   The heading of Article 2 (commencing with Section 13320) of Chapter 5 of Division 7 of the   Water Code   is amended to read:  Article 2. Administrative  Enforcement and Remedies   Review  by the State Board  SEC. 19.   Section 13320 of the   Water Code   is amended to read:  13320. (a) Within 30 days of any action or failure to act by a regional board under subdivision (c) of Section 13225, Article 4 (commencing with Section 13260) of Chapter 4, Chapter 5 (commencing with Section 13300), Chapter 5.5 (commencing with Section 13370), Chapter 5.9 (commencing with Section 13399.25), or Chapter 7 (commencing with Section 13500),  any   an  aggrieved person may petition the state board to review that action or failure to act. In case of a failure to act, the 30-day period shall commence upon the refusal of the regional board to act, or 60 days after request has been made to the regional board to act. The state board may, on its own motion, at any time, review the regional board's action or failure to act  and also any failure to act under Article 3 (commencing with Section 13240) of Chapter 4  . (b) The evidence before the state board shall consist of the record before the regional board, and any other relevant evidence which, in the judgment of the state board, should be considered to effectuate and implement the policies of this division. (c) The state board may find that the action of the regional board, or the failure of the regional board to act, was appropriate and proper. Upon finding that the action of the regional board, or the failure of the regional board to act, was inappropriate or improper, the state board may direct that the appropriate action be taken by the regional board, refer the matter to  any other   another  state agency having jurisdiction, take the appropriate action itself, or take any combination of those actions. In taking any  such  action, the state board is vested with all the powers of the regional boards under this division. (d) If a waste discharge in one region affects the waters in another region and there is any disagreement between the regional boards involved as to the requirements  which   that  should be established, either regional board may submit the disagreement to the state board  which   that  shall determine the applicable requirements. (e) If a petition for state board review of a regional board action on waste discharge requirements includes a request for a stay of the waste discharge requirements, the state board shall act on the requested stay portion of the petition within 60 days of accepting the petition. The board may order any stay to be in effect from the effective date of the waste discharge requirements.  SEC. 20.   Section 13376 of the   Water Code   is amended to read:  13376.  Any person discharging   A person who discharges  pollutants or  proposing   proposes  to discharge pollutants to the navigable waters of the United States within the jurisdiction of this state or  any person discharging   a person who discharges  dredged or fill material or  proposing   proposes  to discharge dredged or fill material into the navigable waters of the United States within the jurisdiction of this state shall file a report of the discharge in compliance with the procedures set forth in Section 13260  , except that no report need   . Unless required by the state board or a regional board, a report need not  be filed under this section for discharges that are not subject to the permit application requirements of the Federal Water Pollution Control Act, as amended.  Any person proposing   A person who proposes  to discharge pollutants or dredged or fill material or  proposing  to operate a publicly owned treatment works or other treatment works treating domestic sewage shall file a report at least 180 days in advance of the date on which it is desired to commence the discharge of pollutants or dredged or fill material or the operation of the treatment works.  Any   A  person who owns or operates a publicly owned treatment works or other treatment works treating domestic sewage, which treatment works commenced operation before January 1, 1988, and does not discharge to navigable waters of the United States, shall file a report within 45 days of a written request by a regional board or the state board, or within 45 days after the state has an approved permit program for the use and disposal of sewage sludge, whichever occurs earlier. The discharge of pollutants or dredged or fill material or the operation of a publicly owned treatment works or other treatment works treating domestic sewage by any person except as authorized by waste discharge requirements or dredged or fill material permits is prohibited  , except that no waste discharge requirements or permit is required under this chapter if no   . This prohibition does not apply to discharges or operations for   which a  state or federal permit is  not  required under the Federal Water Pollution Control Act, as amended.  SEC. 21.   Section 13442 of the   Water Code   is amended to read:  13442. Upon application by a public agency with authority to clean up a waste or abate the effects thereof, the state board may order moneys to be paid from the account to the agency to assist it in cleaning up the waste or abating its effects on waters of the state. The agency shall not become liable to the state board for repayment of  such   those  moneys, but this shall not be  any   a defense to an action brought pursuant to subdivision  (b)   (c)  of Section 13304 for the recovery of moneys paid  hereunder   under this section  .  SEC. 22.   Section 13553 of the   Water Code   is amended to read:  13553. (a) The Legislature hereby finds and declares that the use of potable domestic water for toilet and urinal flushing in structures is a waste or an unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution if recycled water, for these uses, is available to the user and meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (b) The state board may require a public agency or person subject to this section to furnish any information that may be relevant to making the determination required in subdivision (a). (c) For  the  purposes of this section and Section 13554, "structure" or "structures" means commercial, retail, and office buildings, theaters, auditoriums, condominium projects, schools, hotels, apartments, barracks, dormitories, jails, prisons, and reformatories, and other structures as determined by the State Department of Public Health. (d) Recycled water may be used in condominium projects, as defined in Section 1351 of the Civil Code, subject to all of the following conditions: (1) Prior to the indoor use of recycled water in any condominium project, the agency delivering the recycled water to the condominium project shall file a report with  the appropriate regional water quality control board   ,  and receive written approval of the report from  ,  the State Department of Public Health. The report shall be consistent with the provisions of Title 22 of the California Code of Regulations generally applicable to dual-plumbed structures and shall include all the following: (A) That potable water service to each condominium project will be provided with a backflow protection device approved by the State Department of Public Health to protect the agency's public water system, as defined in Section 116275 of the Health and Safety Code. The backflow protection device approved by the State Department of Public Health shall be inspected and tested annually by a person certified in the inspection of backflow prevention devices. (B) That any plumbing modifications in the condominium unit or any physical alteration of the structure will be done in compliance with state and local plumbing codes. (C) That each condominium project will be tested by the recycled water agency or the responsible local agency at least once every four years to ensure that there are no indications of a possible cross connection between the condominium's potable and nonpotable systems. (D) That recycled water lines will be color coded consistent with current statutes and regulations. (2) The recycled water agency or the responsible local agency shall maintain records of all tests and annual inspections conducted. (3) The condominium's declaration, as defined in Section 1351 of the Civil Code, shall provide that the laws and regulations governing recycled water apply, shall permit no exceptions to those laws and regulations, shall incorporate the report described in paragraph (1), and shall contain the following statement: "NOTICE OF USE OF RECYCLED WATER This property is approved by the State Department of Public Health for the use of recycled water for toilet and urinal flushing. This water is not potable, is not suitable for indoor purposes other than toilet and urinal flushing purposes, and requires dual plumbing. Alterations and modifications to the plumbing system require a permit and are prohibited without first consulting with the appropriate local building code enforcement agency and your property management company or homeowners' association to ensure that the recycled water is not mixed with the drinking water." (e) The State Department of Public Health may adopt regulations as necessary to assist in the implementation of this section. (f) This section shall only apply to condominium projects that are created, within the meaning of Section 1352 of the Civil Code, on or after January 1, 2008. (g) Nothing in this section or Section 13554 applies to a pilot program adopted pursuant to Section 13553.1.  SEC. 23.   Section 13627 of the   Water Code   is amended to read:  13627. (a) Supervisors and operators of those wastewater treatment plants described in paragraph (1)  and   or  (2) of subdivision (b) of Section 13625 shall possess a certificate of appropriate grade. Subject to the approval of regulations by the state board, supervisors and operators of those wastewater treatment plants described in paragraph (3) of subdivision (b) of Section 13625 shall possess certificates of the appropriate grade. All certificates shall be issued in accordance with, and to the extent recommended by the advisory committee and required by, regulations adopted by the state board. The state board shall develop and specify in its regulations the training necessary to qualify a supervisor or operator for certification for each type and class of plant. The state board may accept experience in lieu of qualification training. For supervisors and operators of water recycling treatment plants, the state board may approve use of a water treatment plant operator of appropriate grade certified by the State Department of  Health Services   Public Health  pursuant to Article 3 (commencing with Section 106875) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code in lieu of a wastewater treatment plant operator certified by the state board, provided that the state board may refuse to approve use of an operator certified by the department or may suspend or revoke its approval of the use of an operator certified by the department if the operator commits any of the prohibited acts described in Article 7  (commencing with Section 3710)  of Chapter 26 of Division 3 of Title 23 of the California Code of Regulations. (b) The regional water quality control board, with jurisdiction for issuing and ensuring compliance with applicable water reclamation or waste discharge requirements, shall notify the department in writing if, pursuant to an inspection conducted under Section 13267, the regional board makes a determination that there  is   are  reasonable grounds for not issuing, or for suspending or revoking, the certificate of a certified water treatment plant operator who is operating or supervising the operation of a water recycling treatment plant. The department shall make its determination regarding the issuance, suspension, or revocation of a certificate in accordance with Section 106876 of the Health and Safety Code. (c) For purposes of this section, "water recycling treatment plant" means a treatment plant that receives and further treats secondary or tertiary effluent, or both, from a wastewater treatment plant. (d) A person employed as a wastewater treatment plant supervisor or operator on the effective date of regulations adopted pursuant to this chapter shall be issued an appropriate certificate if the person meets the training, education, and experience requirements prescribed by regulations. (e) The state board may refuse to grant, suspend, or revoke any certificate issued by the state board to operate a wastewater treatment plant, or may place on probation, or reprimand, the certificate holder upon any reasonable ground, including, but not limited to, all of the following reasons: (1) Submitting false or misleading information on an application for a certificate. (2) The employment of fraud or deception in the course of operating the wastewater treatment plant. (3) A certificate holder's failure to use reasonable care or judgment in the operation of the plant. (4) A certificate holder's inability to perform operating duties properly. (5) Willfully or negligently violating, or causing, or allowing the violation of, waste discharge requirements or permits issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). (f) The state board shall conduct all proceedings for the refusal to grant a certificate, and suspension or revocation of a certificate, pursuant to subdivision  (c)   (e)  , in accordance with the rules adopted pursuant to Section 185.  SEC. 24.   Section 13627.4 of the   Water Code   is amended to read:  13627.4. (a) The  state board may administratively impose the  civil liability described in Section 13627.1, 13627.2, or 13627.3  may be administratively imposed  in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5  , except that the executive director shall issue the complaint with review by the state board  . (b) A remedy under this chapter is in addition to, and does not supersede or limit, any other remedy, civil or criminal, except that  no  liability is  not  recoverable against an operator under subdivision (c) of Section 13627.1 for a violation for which liability is recovered against the operator under Section 13350 or 13385.  SEC. 25.   Pursuant to Section 13201 of the Water Code, the Governor appoints, and the Legislature confirms, members to the California regional water quality control boards. These members serve staggered four-year terms in conformance with Section 13202 of the Water Code and the legislation establishing the various positions on the California regional water quality control boards. As a result of the enactment of Chapter 1299 of the Statutes of 1959, two of the positions on each California regional water quality control board have an expiration date of September 17, 2014. The other positions on each California regional water quality control board have a September 30 expiration date in the various years in which they expire. For consistency and efficiency, the Legislature hereby extends to September 30, 2014, the terms of the two positions on each California regional water quality control board that would otherwise expire on September 17, 2014.   SECTION 1.   Section 10608.20 of the Water Code is amended to read: 10608.20. (a) (1) Each urban retail water supplier shall develop urban water use targets and an interim urban water use target by July 1, 2011. Urban retail water suppliers may elect to determine and report progress toward achieving these targets on an individual or regional basis, as provided in subdivision (a) of Section 10608.28, and may determine the targets on a fiscal year or calendar year basis. (2) It is the intent of the Legislature that the urban water use targets described in paragraph (1) cumulatively result in a 20-percent reduction from the baseline daily per capita water use by December 31, 2020. (b) An urban retail water supplier shall adopt one of the following methods for determining its urban water use target pursuant to subdivision (a): (1) Eighty percent of the urban retail water supplier's baseline per capita daily water use. (2) The per capita daily water use that is estimated using the sum of the following performance standards: (A) For indoor residential water use, 55 gallons per capita daily water use as a provisional standard. Upon completion of the department's 2016 report to the Legislature pursuant to Section 10608.42, this standard may be adjusted by the Legislature by statute. (B) For landscape irrigated through dedicated or residential meters or connections, water efficiency equivalent to the standards of the Model Water Efficient Landscape Ordinance set forth in Chapter 2.7 (commencing with Section 490) of Division 2 of Title 23 of the California Code of Regulations, as in effect the later of the year of the landscape's installation or 1992. An urban retail water supplier using the approach specified in this subparagraph shall use satellite imagery, site visits, or other best available technology to develop an accurate estimate of landscaped areas. (C) For commercial, industrial, and institutional uses, a 10-percent reduction in water use from the baseline commercial, industrial, and institutional water use by 2020. (3) Ninety-five percent of the applicable state hydrologic region target, as set forth in the state's draft 20x2020 Water Conservation Plan (dated April 30, 2009). If the service area of an urban water supplier includes more than one hydrologic region, the supplier shall apportion its service area to each region based on population or area. (4) A method that shall be identified and developed by the department, through a public process, and reported to the Legislature no later than December 31, 2010. The method developed by the department shall identify per capita targets that cumulatively result in a statewide 20-percent reduction in urban daily per capita water use by December 31, 2020. In developing urban daily per capita water use targets, the department shall do all of the following: (A) Consider climatic differences within the state. (B) Consider population density differences within the state. (C) Provide flexibility to communities and regions in meeting the targets. (D) Consider different levels of per capita water use according to plant water needs in different regions. (E) Consider different levels of commercial, industrial, and institutional water use in different regions of the state. (F) Avoid placing an undue hardship on communities that have implemented conservation measures or taken actions to keep per capita water use low. (c) If the department adopts a regulation pursuant to paragraph (4) of subdivision (b) that results in a requirement that an urban retail water supplier achieve a reduction in daily per capita water use that is greater than 20 percent by December 31, 2020, an urban retail water supplier that adopted the method described in paragraph (4) of subdivision (b) may limit its urban water use target to a reduction of not more than 20 percent by December 31, 2020, by adopting the method described in paragraph (1) of subdivision (b). (d) The department shall update the method described in paragraph (4) of subdivision (b) and report to the Legislature by December 31, 2014. An urban retail water supplier that adopted the method described in paragraph (4) of subdivision (b) may adopt a new urban daily per capita water use target pursuant to this updated method. (e) An urban retail water supplier shall include in its urban water management plan required pursuant to Part 2.6 (commencing with Section 10610) due in 2010 the baseline daily per capita water use, urban water use target, interim urban water use target, and compliance daily per capita water use, along with the bases for determining those estimates, including references to supporting data. (f) When calculating per capita values for the purposes of this chapter, an urban retail water supplier shall determine population using federal, state, and local population reports and projections. (g) An urban retail water supplier may update its 2020 urban water use target in its 2015 urban water management plan required pursuant to Part 2.6 (commencing with Section 10610). (h) (1) The department, through a public process and in consultation with the California Urban Water Conservation Council, shall develop technical methodologies and criteria for the consistent implementation of this part, including, but not limited to, both of the following: (A) Methodologies for calculating base daily per capita water use, baseline commercial, industrial, and institutional water use, compliance daily per capita water use, gross water use, service area population, indoor residential water use, and landscaped area water use. (B) Criteria for adjustments pursuant to subdivisions (d) and (e) of Section 10608.24. (2) The department shall post the methodologies and criteria developed pursuant to this subdivision on its Internet Web site, and make written copies available, by October 1, 2010. An urban retail water supplier shall use the methods developed by the department in compliance with this part. (i) (1) The department shall adopt regulations for implementation of the provisions relating to process water in accordance with subdivision (l) of Section 10608.12, subdivision (e) of Section 10608.24, and subdivision (d) of Section 10608.26. (2) The initial adoption of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption of an emergency regulation pursuant to this subdivision, the department shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code. (j) (1) An urban retail water supplier is granted an extension to July 1, 2011, for adoption of an urban water management plan pursuant to Part 2.6 (commencing with Section 10610) due in 2010 to allow the use of technical methodologies developed by the department pursuant to paragraph (4) of subdivision (b) and subdivision (h). An urban retail water supplier that adopts an urban water management plan due in 2010 that does not use the methodologies developed by the department pursuant to subdivision (h) shall amend the plan by July 1, 2011, to comply with this part. (2) An urban wholesale water supplier whose urban water management plan prepared pursuant to Part 2.6 (commencing with Section 10610) was due and not submitted in 2010 is granted an extension to July 1, 2011, to allow the use of technical methodologies referenced in paragraph (1).   SEC. 2.   Section 10608.26 of the Water Code is amended to read: 10608.26. (a) In complying with this part, an urban retail water supplier shall conduct at least one public hearing to accomplish all of the following: (1) Allow community input regarding the urban retail water supplier's implementation plan for complying with this part. (2) Consider the economic impacts of the urban retail water supplier's implementation plan for complying with this part. (3) Adopt a method, pursuant to subdivision (b) of Section 10608.20, for determining its urban water use target. (b) In complying with this part, an urban retail water supplier may meet its urban water use target through efficiency improvements in any combination among its customer sectors. An urban retail water supplier shall avoid placing a disproportionate burden on any customer sector. (c) For an urban retail water supplier that supplies water to a United States Department of Defense military installation, the urban retail water supplier's implementation plan for complying with this part shall consider the prior water conservation of that military installation under federal Executive Order 13514 and any subsequent presidential executive order governing water conservation by federal agencies. (d) (1) Any ordinance or resolution adopted by an urban retail water supplier after the effective date of this section shall not require existing customers as of the effective date of this section, to undertake changes in product formulation, operations, or equipment that would reduce process water use, but may provide technical assistance and financial incentives to those customers to implement efficiency measures for process water. This section shall not limit an ordinance or resolution adopted pursuant to a declaration of drought emergency by an urban retail water supplier. (2) This part shall not be construed or enforced so as to interfere with the requirements of Chapter 4 (commencing with Section 113980) to Chapter 13 (commencing with Section 114380), inclusive, of Part 7 of Division 104 of the Health and Safety Code, or any requirement or standard for the protection of public health, public safety, or worker safety established by federal, state, or local government or recommended by recognized standard setting organizations or trade associations.