BILL NUMBER: AB 224 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2007
INTRODUCED BY Assembly Member Wolk
JANUARY 29, 2007
An act to amend Section 10631 of, to add Sections 142,
10004.7, and 13248 to, and to repeal and add Part 2.8 (commencing
with Section 10800) of Division 6 of, the Water Code, relating to
water. An act to add Part 1.6 (commencing with Section
10100) to Division 6 of the Water Code, relating to w
ater.
LEGISLATIVE COUNSEL'S DIGEST
AB 224, as amended, Wolk. Water supply planning.
Under existing law, various state and local agencies engage in
water resource planning.
This bill would enact the Climate Change and Water Resource
Protection Act of 2007. The bill would require the Department of
Water Resources, as part of its statewide water resource management
responsibilities, to include an analysis of the potential effects of
climate change, to the extent applicable, in reports or plans that
the department is required to prepare. The bill would require the
department to investigate and determine, no later than December 31,
2008, the total equivalent carbon dioxide emissions arising from its
operation of the State Water Project. The bill would prohibit the
department from approving a request for specified grants, submitted
after January 1, 2009, unless the application includes certain
information. The department would be required, by July 1, 2008, to
identify available information or develop information regarding
climate change and water resources for each of the state's hydrologic
basins for specified uses. The bill would require an urban water
supplier and an agricultural water supplier to take certain action
relating to that information.
The bill would require the State Water Resources Control Board, in
consultation with other state agencies, to prepare a report that
quantifies the energy savings and greenhouse gas emission reductions
associated with alternative water supply development. The state board
would be required to submit the report to the Governor and the
Legislature, and to make it available to the public, on or before
January 1, 2009. The bill would require the state board or a
California regional water quality board to consider, as appropriate,
a reasonable range of plausible hydrological, temperature, and
sea-level rise scenarios resulting from climate change for the
purpose of preparing a state or regional water quality control plan,
as applicable.
(1) Under existing law, the Department of Water Resources operates
the State Water Project, which includes state water facilities, as
defined.
This bill would require the department, commencing in 2008, and
every 2 years thereafter, to prepare and deliver to all State Water
Project contractors, all city and county planning departments, and
all regional and metropolitan planning departments within the project
service area, a report that accurately sets forth, under a range of
hydrologic conditions, the then-existing overall delivery capability
of the project facilities and the allocation of that capacity to each
contractor.
(2) Under existing law, a plan for the orderly and coordinated
control, protection, conservation, development, and utilization of
the water resources of the state is known as the California Water
Plan. The department is required to update the plan on or before
December 31, 2003, and every 5 years thereafter. Existing law
requires the plan to include a discussion of specified topics.
This bill would require the department, as part of updating the
plan, to include an analysis of the effect of climate change on
future water supplies.
(3) Existing law requires every urban water supplier to prepare
and adopt an urban water management plan with prescribed components.
Existing law requires the urban water supplier to update its plan at
least once every 5 years, as specified.
This bill would require the urban water supplier, as part of
updating the plan, to include an analysis of the effect of climate
change on future water supplies.
(4) Existing law relating to agricultural water management
planning, until January 1, 1993, and thereafter only as specified,
provides for the preparation and adoption of water management plans.
That law defines "agricultural water supplier" or "supplier" to mean
a supplier, either publicly or privately owned, supplying more than
50,000 acre-feet of water annually for agricultural purposes.
This bill would substantially revise existing law relating to
agricultural water management planning to require every agricultural
water supplier to prepare and adopt an agricultural water management
plan, as prescribed, on or before December 31, 2011. The bill would
delete the definition of "agricultural water supplier" and "supplier"
and would, instead, require the department to conduct a survey of
entities that supply water for agricultural purposes to gather data,
assess, analyze that data, and recommend the appropriate minimum size
of an agricultural water supplier that should prepare an
agricultural water management plan. The department would be required
to report its findings and recommendations, in writing, to the
Governor and the Legislature before January 1, 2009. The bill would
state the intent of the Legislature to respond to the department's
report by enacting legislation defining the term "agricultural water
supplier." The bill would require every person that becomes an
agricultural water supplier after December 31, 2011, to adopt an
agricultural water management plan within one year after it has
become an agricultural water supplier. An agricultural water supplier
would be required to update the plan at least once every 5 years,
and to submit the plan to prescribed entities. The bill would make an
agricultural water supplier that fails to prepare, adopt, and submit
a plan ineligible for funds made available pursuant to any program
administered by the State Water Resources Control Board, the
department, or the California Bay-Delta Authority.
The bill would repeal these provisions relating to agricultural
water management planning on January 1, 2011, unless the department
determines that legislation has been enacted to define the term
"agricultural water supplier" for the purposes of these provisions.
(5) Under existing law, the State Water Resources Control Board
and the California regional water quality control boards adopt and
revise water quality control plans that establish water quality
objectives to ensure the reasonable protection of beneficial uses and
the prevention of nuisance.
This bill would require the state board or a regional board, for
the purpose of adopting or revising a water quality control plan, to
consider, as appropriate, a reasonable range of plausible
hydrological, temperature, and sea level-rise scenarios resulting
from climate change.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and
declares all of the following:
(a) The Department of Water Resources issued a 2006 report on
climate change and California's water resources, concluding that
climate change is likely to have significant effects on the state's
water supply projects and the Sacramento-San Joaquin Delta.
(b) The State Energy Resources Conservation and Development
Commission's Public Interest Energy Research Program (CEC-PIER)
produced reports in 2005 and 2006 regarding water-related energy use
in California that estimate that water-related energy use consumes 19
percent of the state's electricity, 30 percent of its natural gas,
and 88 billion gallons of diesel fuel every year.
(c) The CEC-PIER report also found that water supply and
conveyance have both the highest energy magnitude and the greatest
variability in energy intensity. The report noted that, on a
statewide average, recycled water is the least energy-intensive
source of new water supply.
(d) The California Global Warming Solutions Act of 2006 requires
the adoption of a statewide greenhouse gas emissions limit equivalent
to the statewide greenhouse gas emissions level in 1990 to be
achieved by 2020. Existing law requires all state agencies to
consider and implement strategies to reduce their greenhouse gas
emissions.
(e) Increased use of recycled water statewide will reduce
California's energy consumption and help meet the state's goal of
reducing greenhouse gas emissions, as required by California Global
Warming Solutions Act of 2006.
SEC. 2. Part 1.6 (commencing with Section 10100)
is added to Division 6 of the Water Code , to
read:
PART 1.6. Climate Change and Water Resources
10100. This part shall be known and may be cited as the Climate
Change and Water Resource Protection Act of 2007.
10101. (a) The department, as part of its statewide water
resource management responsibilities, shall include an analysis of
the potential effects of climate change, to the extent applicable, in
all reports or plans that the department is required to prepare.
These reports or plans include all of the following:
(1) The biennial report on the overall delivery capability of the
State Water Project and the allocation of that capacity to each
contractor.
(2) The California Water Plan prepared pursuant to Part 1.5
(commencing with Section 10004).
(3) Reports related to the Sacramento-San Joaquin Delta.
(4) State Plan of Flood Control.
(5) Bulletin 118 or other bulletins issued by the department
concerning the statewide status of groundwater resources.
(b) The department shall investigate and determine, no later than
December 31, 2008, the total equivalent carbon dioxide emissions
arising from its operation of the State Water Project.
(c) The department shall not approve any request for a grant for
the purposes of Section 75026 of the Public Resources Code, submitted
after January 1, 2009, unless the application includes the
information and analysis regarding climate change.
(d) On or before July 1, 2008, the department shall identify
available information or develop information regarding climate change
and water resources for each of the state's hydrologic basins for
use by state and local agencies in preparing plans described in
Sections 10103 and 10104. To the maximum extent practicable, the
department shall make the information available on its Internet Web
site or through other readily available means. The department may
periodically update the climate change information, as appropriate.
10102. (a) In order to assist local and state agencies in
implementing the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code), the State Water Resources Control Board, in
consultation with the department, the State Air Resources Board, and
the Public Utilities Commission, shall prepare a report that
quantifies the energy savings and greenhouse gas emission reductions
associated with alternative water supply development, including, but
not limited to, increasing the use of recycled water to offset the
use of existing potable water supplies in the state and expanding
reliance on water conservation.
(b) In making the quantification related to water recycling
required by subdivision (a), and using the best scientific
information available, the report shall quantify statewide energy
savings and greenhouse gas emission reductions assuming the following
percentages of wastewater in the state are treated for use as
recycled water and used to offset the use of potable water supplies
in each hydrologic region of the state: 30 percent, 50 percent, 70
percent, and 90 percent.
(c) In making the quantification related to water conservation
required by subdivision (a), and using the best scientific
information available, the report shall quantify statewide energy
savings and greenhouse gas emission reductions assuming the maximum
potential water use efficiency identified in the department's
Bulletin 160-05.
(d) The State Water Resources Control Board shall submit the
report required by subdivision (a) to the Governor and the
Legislature, and make the report available to the general public, on
or before January 1, 2009. The report shall include specific policy
recommendations and administrative actions that will assist the state
in meeting the requirements of Section 38560.5 of the Health and
Safety Code to identify and implement specific greenhouse gas
emission reduction measures.
10103. For the purpose of preparing or revising a state water
quality control plan or a regional water quality control plan, the
State Water Resources Control Board or the regional water quality
control board shall consider, as appropriate, a reasonable range of
plausible hydrological, temperature, and sea-level rise scenarios
resulting from climate change.
10104. (a) On and after January 1, 2009, an urban water supplier
that is required to prepare a plan pursuant to Part 2.6 (commencing
with Section 10610), or an agricultural water supplier that is
required to prepare a plan pursuant to Part 2.8 (commencing with
Section 10800), shall do all of the following:
(1) Request or otherwise obtain from the department the
information regarding climate change and water supply made available
pursuant to subdivision (d) of Section 10101.
(2) Identify the possible effects of climate change on its water
supply projections based on the information made available pursuant
to subdivision (d) of Section 10101 or other reasonably reliable
information in the possession of the supplier.
(3) Consider the information described in paragraphs (1) and (2)
for the purposes of making determinations required by Part 2.6
(commencing with Section 10610) or Part 2.8 (commencing with Section
10800).
(b) For the purposes of preparing grant applications for the
purposes of Section 75026 of the Public Resource Code, submitted to
the department after January 1, 2009, the supplier shall consider the
information made available pursuant to subdivision (d) of Section
10101.
(c) If the information described in subdivision (d) of Section
10101 is not available or does not apply to a supplier described in
subdivision (a), the supplier is not subject to the requirements of
this section. All matter omitted in this version of the bill
appears in the bill as introduced in the Assembly, January 29, 2007
(JR11)