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