Section § 73500

Explanation

This law is officially named the Wholesale Regional Water System Security and Reliability Act. It's concerned with the security and reliability of regional water systems on a wholesale level.

This division shall be known as and may be cited as the Wholesale Regional Water System Security and Reliability Act.

Section § 73501

Explanation

This law section defines important terms related to water supply in the San Francisco Bay Area. It clarifies what entities and systems are involved in water storage, treatment, and transmission among counties like Tuolumne, Stanislaus, San Joaquin, Alameda, Santa Clara, and San Mateo. Key terms include the 'Association' which refers to the San Francisco Bay Area Water Users Association, 'regional water systems', and 'wholesale customers'. The 'city' is specified as San Francisco, and there's a mention of the agreement known as the 'Master Water Sales Contract' from 1984 that governs water sales. Finally, the section describes 'regional wholesale water suppliers' and 'wholesale customers' that facilitate water distribution in this region.

(a)CA Water Code § 73501(a) Unless the context otherwise requires, the definitions set forth in this section govern the construction of this division.
(b)CA Water Code § 73501(b) “Association” means the San Francisco Bay Area Water Users Association.
(c)CA Water Code § 73501(c) “Bay area regional water system” means the facilities for the storage, treatment, and transmission of water located in the Counties of Tuolumne, Stanislaus, San Joaquin, Alameda, Santa Clara, and San Mateo, together with three terminal reservoirs in the city.
(d)CA Water Code § 73501(d) “Bay area wholesale customers” means the 25 public agencies in the Counties of San Mateo, Alameda, and Santa Clara that purchase water from the city pursuant to the master water sales contract, including the Alameda County Water District, the City of Brisbane, the City of Burlingame, the Coastside County Water District, the City of Daly City, the City of East Palo Alto, the Estero Municipal Improvement District, Guadalupe Valley Municipal Improvement District, City of Hayward, the Town of Hillsborough, the City of Menlo Park, the Mid-Peninsula Water District, the City of Millbrae, the City of Milpitas, the City of Mountain View, the North Coast County Water District, the City of Palo Alto, the Purissima Hills Water District, the City of Redwood City, the City of San Bruno, the City of San Jose, the City of Santa Clara, the Skyline County Water District, the City of Sunnyvale, and the Westborough Water District, Stanford University, the California Water Service Company, and the Cordilleras Mutual Water Association.
(e)CA Water Code § 73501(e) “City” means the City and County of San Francisco.
(f)CA Water Code § 73501(f) “Master water sales contract” means the agreement entitled “Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers” entered into in 1984 by the city and the wholesale customers.
(g)CA Water Code § 73501(g) “Regional water system” means facilities for the storage, treatment, and transmission of water owned and operated by a regional wholesale water supplier, other than the city.
(h)CA Water Code § 73501(h) “Regional wholesale water supplier” means any city, county, or city and county, including the city, that operates a regional water system, and furnishes water on a wholesale basis to local government agencies and public utilities that, in turn, supply water to a combined population of 1.5 million or more residents of geographic areas outside the boundary of the regional wholesale water supplier.
(i)CA Water Code § 73501(i) “Wholesale customers” means local government agencies and public utilities, including, but not limited to, the bay area wholesale customers, that purchase water from a regional wholesale water supplier and distribute that water to retail customers in their respective service areas.

Section § 73502

Explanation

This law requires the city to adopt a plan by February 1, 2003, for improving the bay area regional water system, and submit it to the State Water Resources Control Board. The plan includes a timeline for design, contract awards, and construction, aiming to complete projects equaling half of the total cost by 2010 and all by 2015. Financing plans must also be included and updated as necessary.

Specific projects, including upgrades to tunnels and pipelines across various counties, must be part of this plan. The city must report annually on its progress and indicate any delays, alongside strategies to address them.

Alterations to project timelines or scope can be made, following public notice, input from regional stakeholders, and notification to relevant state bodies. If projects are removed or delayed, the State Water Resources Control Board and Seismic Safety Commission will comment on the public health and safety implications within 120 days.

(a)CA Water Code § 73502(a) The city, on or before February 1, 2003, shall adopt the program of capital improvement projects designed to restore and improve the bay area regional water system that are described in the capital improvement program report prepared by the San Francisco Public Utilities Commission dated February 25, 2002. A copy of the program shall be submitted, on or before March 1, 2003, to the State Water Resources Control Board. The program shall include a schedule for the completion of design and award of contract, and commencement and completion of construction of each described project. The schedule shall require that projects representing 50 percent of the total program cost be completed on or before 2010 and that projects representing 100 percent of the total program cost be completed on or before 2015. The program shall also contain a financing plan. The city shall review and update the program, as necessary, based on changes in the schedule set forth in the plan adopted pursuant to subdivision (d).
(b)CA Water Code § 73502(b) The plan shall require completion of the following projects:
Project
Location
Project
Identification
Number
1. Irvington Tunnel Alternative
Alameda/Santa
Clara Counties
9970
2. Crystal Springs Pump Station
 & Pipeline
San Mateo County
201671
3. BDPL 1 & 2-Repair of
 Caissons/Pipe Bridge
Alameda/San
Mateo Counties
99
4. BDPL Pipeline Upgrades at
 Hayward Fault
Alameda County
128
5. Calaveras Fault Crossing
 Upgrade
Alameda County
9897
6. Crystal Springs Bypass
 Pipeline
San Mateo County
9891
7. BDPL Cross Connections 3 &
 4
Alameda/Santa
Clara Counties
202339
8. Conveyance Capacity West of
 Irvington Tunnel
Alameda/Santa
Clara/San Mateo
Counties
201441
9. Calaveras Dam Seismic
 Improvements
Alameda County
202135
(c)CA Water Code § 73502(c) The city shall submit a report to the Joint Legislative Audit Committee, the Alfred E. Alquist Seismic Safety Commission, and the State Water Resources Control Board, on or before September 1 of each year, describing the progress made on the implementation of the capital improvement program for the bay area regional water system during the previous fiscal year. The city shall identify in the report any project that is behind schedule, and, for each project so identified, shall describe the city’s plan and timeline for either making up the delay or adopting a revised schedule pursuant to subdivision (d).
(d)Copy CA Water Code § 73502(d)
(1)Copy CA Water Code § 73502(d)(1) The city may determine that completion dates for projects contained in the capital improvement program adopted pursuant to subdivision (a), including those projects described in subdivision (b), should be delayed or that different projects should be constructed.
(2)CA Water Code § 73502(d)(2) The city shall provide written notice, not less than 30 days before the date of a meeting of the city agency responsible for management of the bay area regional water system, that a change in the program is to be considered. The notice shall include information about the reason for the proposed change and the availability of materials related to the proposed change. All bay area wholesale customers shall be permitted to testify or otherwise submit comments at the meeting.
(3)CA Water Code § 73502(d)(3) If the city adopts a change in the program that deletes one or more projects from the program, or postpones the scheduled completion dates, the city shall promptly furnish a copy of that change and the reasons for that change to the State Water Resources Control Board and the Alfred E. Alquist Seismic Safety Commission. The State Water Resources Control Board and the Alfred E. Alquist Seismic Safety Commission shall each submit written comments with regard to the significance of that change with respect to public health and safety to the city and the Joint Legislative Audit Committee not later than 120 days after the date on which those entities received notice of that change.

Section § 73503

Explanation

This law requires the city, along with regional emergency services, to create an emergency plan for quickly restoring water service after a natural or manmade disaster, like an earthquake, disrupts the Bay Area's water supply.

If the water supply is interrupted, the regional water supplier must fairly distribute water to all customers, regardless of where they are located, as much as possible despite any damage.

(a)CA Water Code § 73503(a) The city, in consultation with the association and the offices of emergency services in Alameda County, Santa Clara County, and San Mateo County, shall prepare an emergency response plan describing how water service will be restored to the area served by the bay area regional water system after an interruption caused by earthquake or other natural or manmade catastrophe, and thereafter shall be implemented.
(b)CA Water Code § 73503(b) During any interruption in supply caused by earthquake, or other natural or manmade catastrophe, a regional wholesale water supplier shall distribute water to customers on an equitable basis, to the extent feasible given physical damage to the regional water system, without preference or discrimination based on a customer’s geographic location within or outside the boundary of the regional wholesale water supplier.

Section § 73504

Explanation

Starting in 2003, regional wholesale water suppliers must report yearly by February 1 on the progress of finding additional water sources during dry years. This report goes to the Legislature and State Water Resources Control Board.

For reliable water supply, the city must manage reservoirs in Tuolumne and Stanislaus counties without harming water service due to hydroelectric power generation. Water delivery to the Bay Area should take precedence over generating electricity, unless told otherwise by the Secretary of the Interior, which relates to the Raker Act. The city must also make its reservoir operation plans available to the public.

Additionally, the city is classified as a local public agency for certain legal purposes.

(a)CA Water Code § 73504(a) Commencing in 2003, a regional wholesale water supplier shall submit a report to the Legislature and the State Water Resources Control Board on or before February 1 of each year, describing the progress made during the previous calendar year on securing supplemental sources of water to augment existing supplies during dry years.
(b)CA Water Code § 73504(b) In order to supply adequately, dependably, and safely the requirements of all users of water, the city shall continue its practice of operating the reservoirs in the Counties of Tuolumne and Stanislaus in a manner that ensures that the generation of hydroelectric power will not cause any reasonably anticipated adverse impact on water service. The city shall assign higher priority to delivery of water to the bay area than to the generation of electric power, unless the Secretary of the Interior, in writing, notifies the city that doing so would violate the Raker Act (63 P.L. 41). The city shall make available to the public, on request, its plans of operations (rule curves) for these reservoirs.
(c)CA Water Code § 73504(c) The city shall be deemed to be a local public agency for the purposes of Article 4 (commencing with Section 1810) of Chapter 11 of Part 2 of Division 2.

Section § 73505

Explanation

The State Department of Health Services must audit or contract out an audit of the bay area regional water system's maintenance program before July 1, 2004. This audit should review how well the city identifies, plans, budgets, schedules, and records maintenance. Additionally, the audit will check the condition of major facilities to see if current maintenance is sufficient. A report with findings and recommendations will be sent to the city, the Joint Legislative Audit Committee, and the Seismic Safety Commission by January 1, 2005.

The State Department of Health Services shall conduct an audit, or arrange for an audit to be performed by contract, of the city’s program of maintenance of the bay area regional water system prior to July 1, 2004. The audit shall include both of the following:
(a)CA Water Code § 73505(a) A review of the adequacy of the city’s procedures and resources for all of the following:
(1)CA Water Code § 73505(a)(1) Identifying needed maintenance.
(2)CA Water Code § 73505(a)(2) Planning, budgeting, scheduling, and completing maintenance.
(3)CA Water Code § 73505(a)(3) Recordkeeping of maintenance activities.
(b)CA Water Code § 73505(b) A field investigation of the major facilities of the bay area regional water system to determine the general condition of those facilities and the adequacy of existing maintenance efforts.
(c)CA Water Code § 73505(c) The State Department of Health Services shall submit a report to the city, the Joint Legislative Audit Committee, and the Seismic Safety Commission on its findings and recommendations based on the audit on or before January 1, 2005.

Section § 73506

Explanation

This law requires the State Department of Health Services to audit the regional water systems that are operated by regional wholesale water suppliers (not including city-operated systems). They need to complete this audit and submit a report to the Legislature by February 1, 2006.

The State Department of Health Services shall conduct an audit of the regional water systems operated by all regional wholesale water suppliers, other than the city, subject to this division and shall submit to the Legislature a report thereon on or before February 1, 2006.

Section § 73508

Explanation

If the city and public agencies that are wholesale customers in the Bay Area create a special district to manage the Bay Area regional water system, the new district will take over the city's responsibilities for the system. Once control is transferred, the city will no longer have any obligations related to it.

If the city and the bay area wholesale customers that are public agencies form a special district with authority and responsibility to own, operate, and manage the bay area regional water system and whose governing board’s composition reflects the proportionate use of water delivered by the bay area regional water system within the city and within the aggregate geographic area served by the bay area wholesale customers, the obligations imposed on the city by this division shall be applicable to that district. The city shall be relieved of all obligations under this division at the time the ownership and control of the bay area regional water system are transferred to that district.

Section § 73510

Explanation

This section requires the State Water Resources Control Board to ensure the bay area regional water system follows both the California Safe Drinking Water Act and the U.S. EPA's guidelines for the federal Safe Drinking Water Act. The goal is to maintain safe and compliant drinking water standards.

Notwithstanding Section 116500 of the Health and Safety Code, the State Water Resources Control Board shall ensure that the bay area regional water system is operated in compliance with the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code) and the guidelines established by the United States Environmental Protection Agency for the purposes of administering the comparable provisions of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.).

Section § 73511

Explanation

This law allows a special district, made up of some or all wholesale water customers in the Bay Area, to receive state funding to strengthen the regional water system against earthquakes. It specifies that the eligibility for funds is independent of whether the city is part of the district.

A special district composed of some or all of the bay area wholesale customers may receive state funds for the purpose of protecting the bay area regional water system against seismic risk, without regard to whether the city is a member of that district.

Section § 73512

Explanation

This law requires that regional wholesale water suppliers pay back the state for any expenses the State Department of Public Health or the Seismic Safety Commission incurs when performing their duties under this law. Additionally, customers in the bay area who buy water wholesale must reimburse the city for their portion of these costs, as outlined in a master water sales contract. Other wholesale water customers must pay back their regional supplier for their share of these expenses through water charges.

A regional wholesale water supplier shall reimburse the state for all costs incurred by the State Department of Public Health or the Seismic Safety Commission in carrying out the duties imposed by this division. The bay area wholesale customers shall reimburse the city for their share of those costs as provided in the master water sales contract. The wholesale customers of regional wholesale water suppliers other than the city are responsible for reimbursing the regional wholesale water supplier for their proportionate share of those costs, through the imposition of water charges.

Section § 73513

Explanation

This law section states that the division doesn't change or impact any existing rights or responsibilities that the city, Modesto Irrigation District, or Turlock Irrigation District have with each other. These rights and responsibilities are based on current laws or contracts they have in place.

Nothing in this division affects the rights and obligations of the city, the Modesto Irrigation District, or the Turlock Irrigation District, as between themselves, whether arising from statute or contract.

Section § 73513.5

Explanation
This section states that nothing in the division affects how the Bay Area regional water system is governed, controlled, or owned.
Nothing in this division changes the governance, control, or ownership of the bay area regional water system.

Section § 73514

Explanation

This law will be in effect until January 1, 2036. On that date, it will be repealed unless a new law is passed before then to either change or extend this deadline.

This division shall remain in effect only until January 1, 2036, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2036, deletes or extends that date.