BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 224
                                                                  Page  1

          Date of Hearing:   April 10, 2007

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                                  Lois Wolk, Chair
                     AB 224 (Wolk) - As Amended:  March 29, 2007
           
          SUBJECT  :   Climate Change and Water Resources

           SUMMARY  :   Incorporates effects of climate change into current  
          water planning efforts and requires report on greenhouse gas  
          effects of various water supply options.  Specifically,  this  
          bill  :  

          1)Requires the Department of Water Resources (DWR) to  
            incorporate analysis of the potential effects of climate  
            change, to the extent applicable, into all reports or plans  
            required by the Water Code including but not limited to the  
            following:

             a)   biennial report on overall delivery capability of the  
               State Water Project

             b)   the California Water Plan

             c)   reports related to the Sacramento-San Joaquin River  
               Delta

             d)   State Plan of Flood Control

             e)   Bulletin 118 (regarding groundwater)

          2)Requires DWR to determine the total equivalent carbon dioxide  
            emissions arising from operation of the State Water Project.

          3)Bars DWR from approving an integrated regional water  
            management grant, for applications submitted after January 1,  
            2009, unless the application includes certain information  
            regarding climate change.

          4)Requires DWR to identify available information or develop its  
            own information regarding climate change and water resources,  
            and make such information available on its website.

          5)Requires the State Water Resources Control Board (SWRCB), in  
            cooperation with DWR, Air Resources Board, the Energy  








                                                                  AB 224
                                                                  Page  2

            Commission and the Public Utilities Commission, to complete a  
            study that quantifies energy savings and greenhouse gas  
            emission reductions from water recycling and water  
            conservation.

          6)Requires the SWRCB and the regional water quality boards, in  
            developing water quality control plans, to consider a  
            reasonable range of hydrological, temperature and sea-level  
            rise scenarios resulting from climate change.

          7)Requires water suppliers that prepare urban or agricultural  
            water management plans to obtain climate change information  
            from DWR, identify the possible effects of climate change on  
            water supply projections and consider such information when  
            developing the conclusions of such plans.

             a)   Requires post-2008 applicants for integrated regional  
               water management grants to consider the climate change  
               information available from DWR.

             b)   Exempts local agencies from these climate change  
               requirements, if DWR does not make climate change  
               information available.

          8)Makes legislative findings regarding climate change and water  
            resources.

           EXISTING LAW  requires DWR to provide local assistance to water  
          agencies on issues related to statewide water management.  SWRCB  
          regulates water rights and water quality, including certain  
          permits for recycled water.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   AB 224 begins the process to incorporate climate  
          change information into the water resource planning efforts of  
          state and local agencies.  The Committee held a hearing on the  
          issue of climate change and water resources in February 2007, in  
          which it heard about the increasing body of evidence and  
          scientific studies showing how climate change has and will  
          affect water resources management in California.

          Committee Hearing on Climate Change and Water Resources.  The  
          Committee also heard about the efforts of state agencies,  
          including DWR and the California Energy Commission, to  








                                                                  AB 224
                                                                  Page  3

          investigate how climate change will affect water resources and  
          vice versa - how water use affects greenhouse gas production and  
          climate change.  This information, which is now available on the  
          Committee's web page, demonstrated that climate change has  
          already occurred and affected water resources in California.   
          This bill will take the next step of encouraging state and local  
          water agencies to incorporate climate change information  
          identified by DWR into their long-term planning efforts.

          Resolving Uncertainty: State-Identified Information.  As  
          introduced, this bill inserted climate change analysis into  
          various statutory water planning requirements.  Concerns were  
          raised about the uncertainty of which climate change information  
          was reliable enough to consider.  The author consolidated these  
          diverse climate change analysis requirements into a new part in  
          the Water Code, required DWR to identify which information  
          should be used, and then specified that use of DWR-specified  
          information was sufficient.  Alternatively, a water supplier may  
          use other information in its possession.  If DWR does not  
          identify such information, then local water suppliers are exempt  
          from these requirements.  The author asserts that State  
          specification of information resolves any questions of  
          uncertainty as to which information should be used.

          SWRCB Study of Greenhouse Gas Production.  At the request of  
          Sonoma County Water Agency, a sponsor of this bill, the author  
          added a provision requiring the SWRCB to complete a study of the  
          greenhouse gas effects/reductions arising out of water recycling  
          and conservation.  The Energy Commission report, presented to  
          the Committee at the February informational hearing, provided  
          preliminary findings indicating that recycling and water  
          conservation may produce less greenhouse gas than certain other  
          forms of water supply, particularly for urban areas reliant on  
          imported water.  This bill would require the SWRCB to look at  
          this issue in greater detail, in coordination with certain other  
          relevant agencies.  This study will help California learn more  
          about the other side of the climate change/water supply equation  
          - the effect of water use on climate change.

          Remaining Issues.  The author, recognizing that this bill the  
          first climate change-water resource bill in history, has  
          continued working with concerned parties in order to create a  
          workable process for connecting water resource planning and  
          climate change information.  The author intends to craft a  
          process that begins incorporating climate change information  








                                                                  AB 224
                                                                  Page  4

          into water planning over the long term, allowing for the  
          analysis to develop further as new information becomes  
          available.  The issues that stakeholders have discussed include:
                 clarification of the scope of the study of recycling,  
               conservation and other means of expanding the availability  
               of water for use
                 discretion for judging which climate change information  
               is reliable
                 DWR updates of climate change information
                 effect on integrated regional water management planning
                 level of treatment for recycled water
                 appropriate agency for completing the study
                 clarification regarding effect on water supplier  
               liability
                 deadlines in the bill for certain climate change  
               information

          Availability of Funding.  Proposition 84 authorizes $65 million  
          for "planning and feasibility studies related to the existing  
          and potential future needs for California's water supply,  
          conveyance and flood control systems."  This funding, although  
          authorized for DWR, could be used to support the bill's study  
          and, possibly, to support local planning efforts that contribute  
          to the statewide planning effort.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Planning and Conservation League (sponsor)
          Marin Municipal Water District (sponsor)
          Sonoma County Water Agency (sponsor)
          Inland Empire Utilities Agency
          Sierra Club California
          The Nature Conservancy

           Opposition 
           
          El Dorado Irrigation District (unless amended)
           
          Analysis Prepared by  :    Alf W. Brandt / W., P. & W. / (916)  
          319-2096