BILL ANALYSIS
AB 224
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2007-2008 Regular Session
BILL NO: AB 224
AUTHOR: Wolk
AMENDED: July 5, 2007
FISCAL: Yes HEARING DATE: July 10, 2007
URGENCY: No CONSULTANT: Bruce Jennings
SUBJECT : WATER SUPPLY PLANNING
SUMMARY :
Existing law :
1) Requires the state's various, specified sources of
greenhouse gas emissions to achieve reductions equivalent
to the statewide greenhouse gas emissions level calculated
to have existed in 1990 by 2020, pursuant to the California
Global Warming Solutions Act (Chapter 488, Statutes of
2006).
2) Requires the Department of Water Resources (DWR) to prepare
periodic reports on the state's water supply, groundwater,
and other water resources and to provide local assistance
to water agencies on water management.
3) Requires an urban water supplier (i.e., public or private
entities serving more than 3,000 customers or supplying
more than 3,000 acre-feet of water annually) to prepare and
update an urban water management plan every five years.
4) Requires the State Water Resources Control Board (state
board) to regulate water rights and water quality,
including certain permits for the use of recycled water.
5) Proposition 84 authorizes $65 million to DWR for "planning
and feasibility studies" related to the existing and
potential future needs for California's water supply,
conveyance and flood control systems." Eligible projects
include the evaluation of climate change impacts on the
state's water supply.
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This bill :
1) Requires DWR to include an analysis of the potential
effects of climate change, to the extent applicable, into
all reports or plans it is required to prepare, including,
but not limited to, the following: biennial report on
overall delivery capability for the State Water Project,
the California Water Plan, reports related to the
Sacramento-San Joaquin River Delta, State Plan of Flood
Control, and Bulletin 118, which refers to groundwater.
2) Prohibits DWR from approving an integrated regional water
management planning grant after January 1, 2009 under
certain conditions unless the applicant includes certain
information regarding climate change.
3) Requires DWR to identify and update available peer-reviewed
information or develop its own information on climate
change and water resources for the state's hydrologic
basins, and make such information available on its website.
4) Requires DWR, in cooperation with the Air Resources Board,
the California Energy Commission, and the Public Utilities
Commission, to complete a study under specified scenarios
on or before January 1, 2009 that quantifies energy savings
and greenhouse gas emission reductions from water recycling
and water conservation.
5) Requires the state board and the regional water quality
control boards, when developing water quality control
plans, to consider a reasonable range of hydrological,
temperature, and sea-level rise scenarios resulting from
climate change.
6) Directs water suppliers that are currently required to
prepare urban or agricultural water management plans to
identify, to the extent practicable, the possible effects
of climate change on water supply projections, and the
reliability of its water supply and its water service to
customers. If the DWR reports described above is not
available, these suppliers are exempt from this
requirement.
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7) Makes legislative findings and declarations regarding
climate change and water resources.
COMMENTS :
1) Purpose of Bill . AB 224, according the author's committee
(Assembly Water Parks and Wildlife), initiates the process
of incorporating climate change information into the water
resource planning efforts of state and local agencies. The
Assembly Water, Parks and Wildlife Committee held a hearing
on the topic of climate change and water resources in
February, 2007, in which it heard about the mounting body
of evidence and scientific studies demonstrating how
climate change has and will affect water resources in
California. The Assembly Committee also heard about the
efforts by state agencies, including DWR and the California
Energy Commission, to 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
webpage, demonstrates that climate change has already
occurred and affected water resources in California. This
bill would 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.
2) DWR Study of Greenhouse Gas Production . At the request of
the Sonoma County Water Agency, a sponsor of this bill, the
author added a provision requiring the DWR to complete a
study of the greenhouse gas effects/reductions arising out
of water recycling and conservation. The Energy Commission
report on this topic also provides 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 DWR 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.
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3) The Context of Climate Change Policies . On October 23,
2006, President Pro Tem Don Perata wrote to the Governor
expressing his strong disagreement regarding the initial
implementation of AB 32, including the following passage:
"The EO [Executive Order] directs the ARB [Air Resources
Board] to work with the Secretary for Cal EPA to "bring
both regulatory measures and market-based mechanisms on a
concurrent and expeditious schedule?"
In contrast, the law requires the ARB adopt "early action"
emission reduction measures prior to the use of any
market-based compliance mechanisms [see Health and Safety
Code Section 38560.5]. It further specifies that
regulatory measures to reduce emissions must be adopted,
while market-based compliance mechanisms are left to the
discretion of the ARB, and may be adopted only after the
extensive evaluations and determinations by the board
through a public process."
On June 29 the Chairman of the ARB, Dr. Sawyer, was dismissed
by Governor Schwarzenegger, the result of conflicts that
included differences regarding the implementation of AB 32.
In testimony before the Assembly on July 6, Dr. Sawyer
stated that the Governor's representatives directly
interfered with the adoption of a broader array of early
action measures for reducing greenhouse gas emissions.
Catherine Witherspoon, the Executive Officer for the ARB
who resigned her position subsequent to Dr. Sawyer's
removal, also referred to conflicts in which the Governor's
office sought to impose political considerations over
scientific ones with respect to the adoption of early
action measures.
It is, therefore, appropriate for AB 224 be amended to provide
a more explicit direction with respect to climate change
and water policy. To that end, the Committee may wish to
consider the adoption of a more specific amendment for AB
224 to provide greater clarity to the Administration, as
follows:
Amendment #1 :
Section 10102 (d) In making the quantification related to
water conservation, the report shall quantify statewide
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energy savings and greenhouse gas emission reductions
assuming the maximum 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 from water use.
Amendment #2 :
Section 10103. For the purpose of preparing or revising a
state water quality control plan or a regional water
quality control plan relative to climate change, the
triennial review of applicable water quality standards
pursuant to the Clean Water Act, Section 303 (c ) (1), 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
based on information presented to or prepared by the state
board or regional board as part of that triennial review,
and any other climate change information that the state
board or regional board shall consider including the
information identified by the department pursuant to
Section 10101 and the report prepared pursuant to Section
10102. This information and analysis may provide a basis
for revising water quality standards or water quality
regulations as needed to address changes anticipated to
result from climate change.
Amendment #3:
Because Section 10101(c ) (2) would eliminate requirements for
agencies that complete their plans by 2009 to have to
perform a climate analysis, this section of AB 224 should
be struck. Additionally, DWR has indicated that it intends
to include climate change requirements in its new round of
guidelines for integrated regional water management funding
in response to a letter from the Pro Tem on the issue of
agencies needing to pursue early action measures.
SOURCE : Marin Municipal Water District, Natural
Resources Defense Council, Planning and
Conservation League, Sonoma County Water Agency
SUPPORT : Association of California Water Agencies,
California Association of Sanitation Agencies,
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California Coastal Coalition, California Native
Plant Society, California Public Utilities
Commission, Calleguas Municipal Water District,
City of Los Angeles, Clean Water Action, East
Bay Municipal Utility District, Inland Empire
Utilities Agency, League of Women Voters of
California, Metropolitan Water District of
Southern California, Public Utilities
Commission, San Diego County Water Authority,
Santa Ana Watershed Project Authority, Santa
Clara Valley Water District, Sierra Club
California, Silicon Valley Leadership Group,
Solano County Water Agency, The Nature
Conservancy, Union of Concerned Scientists,
WateReuse Association of California Section
OPPOSITION : Valley Ag Water Coalition