BILL NUMBER: AB 224 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2008
AMENDED IN SENATE MAY 28, 2008
AMENDED IN SENATE AUGUST 1, 2007
AMENDED IN SENATE JULY 18, 2007
AMENDED IN SENATE JULY 5, 2007
AMENDED IN ASSEMBLY APRIL 25, 2007
AMENDED IN ASSEMBLY APRIL 17, 2007
AMENDED IN ASSEMBLY MARCH 29, 2007
INTRODUCED BY Assembly Member Wolk
JANUARY 29, 2007
An act to add Part 1.6 (commencing with Section 10100) to Division
6 of the Water Code, relating to water.
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 2008. The bill would require the Department of
Water Resources to include in any water facility feasibility study an
analysis of the proposed facility's relationship to greenhouse gas
emissions and climate change. The bill would require the department,
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 specified reports or plans that
the department is required to prepare. The bill would prohibit the
department from approving a request for a specified grant, submitted
after January 1, 2011, unless certain requirements are met. The
department would be required, by July 1, 2009, to identify available
peer-reviewed information, or the best available scientific
information, regarding climate change and water resources for the
state and each of the state's hydrologic regions for specified uses.
The bill would require an urban water supplier, on and after July 1,
2009, and an agricultural water supplier, on and after January 1,
2010, that is required to prepare a water management plan to take
certain action relating to specified climate change information.
The bill would require the department, in collaboration with other
state agencies, to prepare a report that quantifies the energy
savings and greenhouse gas emission reductions associated with water
supply development. The department 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, 2010. The bill would require
the State Water Resources Control Board and each California regional
water quality control board to consider specified matters
relating to climate change for the purpose of reviewing applicable
water quality standards in accordance with the federal Clean Water
Act.
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 finds and declares all of the
following:
(a) The Department of Water Resources issued a report in 2006 on
climate change and California's water resources, and concluded that
climate change is likely to have significant effects on California's
water supply projects and the Sacramento-San Joaquin Delta.
(b) The State Energy Resources Conservation and Development
Commission's Integrated Energy Policy Report (CEC-IEPR), produced in
2005, estimates 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-IEPR also found that water supply and conveyance have
both the highest energy magnitude and the greatest variability in
energy intensity in the water use cycle.
(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) The CEC-IEPR concluded that, in many areas of the state,
recycled water is the least energy-intensive source of new water
supply. 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 the California
Global Warming Solutions Act of 2006.
(f) Increasing water conservation statewide will also reduce
California's energy consumption and help meet the state's goal of
reducing greenhouse gas emissions, as required by the California
Global Warming Solutions Act of 2006.
(g) California should improve its overall planning process to
ensure a safe, clean, and reliable water supply by giving more
consideration to the impacts of climate change on the state's water
resources, and by identifying water supply options that will help the
state meet the requirements of the 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 2008.
10101. It is the intent of the Legislature to support all state
agencies with responsibility for water resources and energy in
finding ways to reduce greenhouse gas emissions arising out of
California's water use. These agencies include, but are not limited
to, the department, the board, the Public Utilities Commission, and
the State Energy Resources Conservation and Development Commission.
10102. (a) (1) The Legislature finds and declares that
decisions as to how to ensure water supply reliability for California
decisions as to the way in which the state ensures
water supply reliability should include consideration of how
climate change may affect water resources and how
the way in which water use affects greenhouse gas
emissions and climate change.
(2) The department shall include in any water facility feasibility
study an analysis of the proposed facility's relationship to
greenhouse gas emissions and climate change.
(b) 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 relating to water management or planning 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) The State Plan of Flood Control and the Central Valley
Flood Protection Plan .
(5) Bulletin 118 and other bulletins issued by the department
concerning the statewide status of groundwater resources.
10103. (a) At the request of a local agency with water supply
responsibilities, the department shall assist the local agency in
assessing the extent of greenhouse gas emissions arising out
of resulting from water supply operations,
estimating the impact of climate change on the agency's water
resources, and identifying options for adapting to climate change.
(b) On or before July 1, 2009, the department shall identify
available peer-reviewed information, or in its absence, the best
available scientific information, including information produced in
response to Executive Order S-3-05, regarding climate change and
water resources for the state and each of the state's hydrologic
regions for use by state and local agencies for the purposes
described in Sections 10105 and 10106. To the maximum extent
practicable, the department shall make the information available on
its Internet Web site or through other readily available means. In
conjunction with the preparation of the California Water Plan, the
department shall work with the California Environmental Protection
Agency and the scientific community to periodically update the
climate change information, as appropriate , by including, among
other information, information generated pursuant to Chapter 4
(commencing with Section 12890) of Part 2.5 of Division 3 of Title 2
of the Government Code .
(c) The department shall not approve any request for a grant
pursuant to Section 75026 of the Public Resources Code submitted
after January 1, 2011, unless the integrated regional water
management plan that is the basis of the grant application includes
consideration of the information regarding climate change made
available in accordance with subdivision (b) or other relevant
information if the applicant deems that information reasonably
reliable. If this information is not available, or does not apply to
a particular integrated regional water management planning area, the
grant applicant is not subject to the requirements of this section
and the entity adopting the integrated regional water management plan
shall adopt a written statement that information pursuant to
subdivision (b) is not available, or does not apply to the integrated
regional water management in the planning area.
10104. (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 department, in collaboration with the board, the
State Air Resources Board, the State Energy Resources Conservation
and Development Commission, and the Public Utilities Commission,
shall prepare a report that quantifies the energy savings and
greenhouse gas emission reductions associated with water supply
development, including, but not limited to, increasing the use of
recycled water to offset the use of potable water for nonpotable uses
in the state and expanding reliance on water conservation. For the
purposes of this section, the board has the primary responsibility
for the analysis of recycled water and the department has the primary
responsibility for the analysis of all other water supply
development alternatives.
(b) In making the quantifications required by subdivision (a), the
agencies shall use the best scientific information available and
consult with all interested local agencies.
(c) The report shall quantify statewide energy savings and
greenhouse gas emission reductions by utilizing various scenarios
that assume the state will exceed its current use of recycled water
and will meet or exceed the state's goal for water recycling
established by Section 13577. The study shall consider energy savings
and greenhouse gas emission reductions in each region identified in
Section 13200 from all possible nonpotable uses of recycled water,
including, but not limited to, all of the following
meeting the requirements in Chapter 3 (commencing with
Section 60301) of Division 4 of Title 22 of the California Code of
Regulations, including agricultural, industrial, environmental,
groundwater recharge, commercial, urban irrigation, and domestic
uses:
(1) Flushing toilets and urinals.
(2) Priming drain traps.
(3) Industrial process water that may come into contact with
workers.
(4) Structural firefighting.
(5) Decorative fountains.
(6) Commercial laundries.
(7) Consolidation of backfill around potable water pipelines.
(8) Artificial snowmaking for commercial outdoor use.
(9) Commercial carwashes, including hand washes if the recycled
water is not heated, where the general public is excluded from the
washing process.
(10) Industrial boiler feed.
(11) Nonstructural fire fighting.
(12) Backfill consolidation around nonpotable piping.
(13) Soil compaction.
(14) Mixing concrete.
(15) Dust control on roads and streets.
(16) Cleaning roads, sidewalks, and outdoor work areas.
(17) Industrial
process water that will not come into contact with workers.
uses.
(d) In making the quantification
quantifications related to water conservation, the report shall
quantify statewide energy savings and greenhouse gas emission
reductions assuming the potential water use efficiency identified in
the department's Bulletin 160-05. The report shall include
recommendations as to emission reduction measures that provide state
agencies a way to reduce greenhouse gas emissions resulting
from water use.
(e) The department shall submit the report required by subdivision
(a) to the Governor and the Legislature, and make the report
available to the public, on or before January 1, 2010. 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.
The report shall include information generated pursuant to Chapter 4
(commencing with Section 12890) of Part 2.5 of Division 3 of Title 2
of the Government Code.
10105. For the purpose of the triennial review of applicable
water quality standards pursuant to Section 303(c)(1) of the Clean
Water Act (33 U.S.C. Sec. 1313 (c)(1)), the board and each California
regional water quality control board shall consider, to the extent
practicable, the reasonably foreseeable effects of climate change on
the water quality of the basin, based on the applicable information
made available pursuant to subdivision (b) of Section 10103 and other
information that the board or the California regional water quality
control board deems relevant and reliable.
10106. (a) On and after July 1, 2009, an urban water supplier
that is required to prepare a plan pursuant to Part 2.6 (commencing
with Section 10610) 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 (b) of Section 10103.
(2) Identify, to the extent practicable, the possible effects of
climate change on its water supply projections based on the
information made available pursuant to subdivision (b) of Section
10103 or other relevant information if the supplier deems that
information reasonably reliable.
(3) Consider the information regarding climate change and water
supply made available pursuant to subdivision (b) of Section 10103 or
other information if the supplier deems that information reasonably
reliable in describing the reliability of its water supply pursuant
to subdivision (c) of Section 10631 and the reliability of water
service to its customers pursuant to Section 10635.
(b) On and after January 1, 2010, 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 (b) of Section 10103.
(2) Consider the information regarding climate change and water
supply made available pursuant to subdivision (b) of Section 10103 or
other relevant information if the supplier deems that information
reasonably reliable in describing the quantity and source of water
delivered to, and by, the supplier.
(c) If the information described in subdivision (b) of Section
10103 is not available or does not apply to a supplier described in
subdivision (a) or (b), the supplier is not subject to the
requirements of this section and the governing board of a supplier
specified in subdivision (a) or (b) shall adopt a written statement
stating that the information described in subdivision (b) of Section
10103 is not available or does not apply to the supplier.