Guidebook for Implementation of SB 610 and SB 221 to assist water suppliers, cities, and counties in integrating water and land use planning

Senate Bills 610 (Chapter 643, Statutes of 2001) and Senate Bill 221 (Chapter 642, Statutes of 2001) amended state law, effective January 1, 2002, to improve the link between information on water supply availability and certain land use decisions made by cities and counties. SB 610 and SB 221 are companion measures which seek to promote more collaborative planning between local water suppliers and cities and counties. Both statutes require detailed information regarding water availability to be provided to the city and county decision-makers prior to approval of specified large development projects. Both statutes also require this detailed information be included in the administrative record that serves as the evidentiary basis for an approval action by the city or county on such projects.

Both measures recognize local control and decision making regarding the availability of water for projects and the approval of projects.  Under SB 610, water assessments must be furnished to local governments for inclusion in any environmental documentation for certain projects (as defined in Water Code 10912 [a]) subject to the California Environmental Quality Act. Under SB 221, approval by a city or county of certain residential subdivisions requires an affirmative written verification of sufficient water supply.

If coordinated and comprehensive water supply planning is underway at the time that the SB 610-water assessment is prepared, compliance with SB 221 will be greatly facilitated. SB 221 is intended as a ‘fail safe’ mechanism to ensure that collaboration on finding the needed water supplies to serve a new large subdivision occurs when it should – before construction begins.

Not every project that is subject to the requirements of SB 610 would also require the mandatory water verification of SB 221 (e.g. if there is no subdivision map approval). Conversely, not every project that is subject to the requirements of SB 221 would also require the environmental document to contain an SB 610 water supply assessment. Projects approved before January 1, 2002 were not subject to the requirements of SB 610 or SB 221; however, some projects may have been subject to the requirement to prepare a water supply assessment as set forth in Senate Bill 901 of 1995 (Chapter 881, Statues of 1995).

A foundational document for compliance with both SB 610 and SB 221 is the Urban Water Management Plan (UWMP). Both of these statutes repeatedly identify the UWMP as a planning document that, if properly prepared, can be used by a water supplier to meet the standards set forth in both statutes. Thorough and complete UWMPs will allow water suppliers to use UWMPs as a foundation to fulfill the specific requirements of these two statutes. Cities, counties, water districts, property owners, and developers will all be able to utilize this document when planning for and proposing new projects.