BILL ANALYSIS                                                                                                                                                                                                              1






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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                Senator Darrell Steinberg, Chair                 |
          |                    2007-2008 Regular Session                    |
          |                                                                 |
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          BILL NO:  AB 224                   HEARING DATE:  June 10, 2008
          AUTHOR:  Wolk                      URGENCY:  No
          VERSION:  May 28, 2008             CONSULTANT:  Dennis O'Connor
          DUAL REFERRAL:  Environmental QualityFISCAL:  Yes
          SUBJECT:  Water supply planning
          
          BACKGROUND AND EXISTING LAW
          The Department of Water Resources (DWR), among other things, is  
          responsible for planning to meet the water needs of the state's  
          environment and water users.  Individual water agencies, among  
          other things, are responsible for planning to meet the needs of  
          their current and future water users.  The State Water Resources  
          Control Board (Board), among other things, is responsible for  
          protecting the state's waters from waste and unreasonable use  
          and for protecting the state's water quality.  Policies  
          regarding the use of recycled water projects are generally the  
          Board's responsibility.

          PROPOSED LAW
          This bill would enact the Climate Change and Water Resource  
          Protection Act of 2008.  The Act would incorporate analysis of  
          potential impacts of climate change into current water planning  
          efforts and requires a report on greenhouse gas effects of  
          various water supply options.  Specifically, this bill would:

       1)Make legislative findings and intent statements regarding climate  
            change and water resources.

       2)Require DWR to include in any water facility feasibility study an  
            analysis of the proposed facility's relationship to greenhouse  
            gas emissions and climate change.

       3)Require DWR to incorporate an analysis of the potential effects  
            of climate change, to the extent applicable, into all reports  
            or plans relating to water management or planning that DWR is  
            required to complete, including:








                 The State Water Project Delivery Reliability Report
                 California Water Plan Updates
                 Reports related to the Sacramento-San Joaquin Delta
                 The State Plan of Flood Control
                 The California Groundwater Bulletin

       1)Require DWR, at the request of a local agency with water supply  
            responsibilities, to assist the local agency in assessing the  
            extent of greenhouse gas emissions arising out of water supply  
            operations, estimating the impact of climate change on the  
            agency's water resources, and identifying options for adapting  
            to climate change.

       2)Require DWR to identify available peer reviewed scientific  
            information, or in its absence, the best available scientific  
            information regarding climate change and water resources, and  
            make such information available on its web site.

       3)Prohibit DWR from approving an integrated regional water  
            management grant, for applications submitted after January 1,  
            2011, unless the underlying plan considers the climate change  
            information identified by DWR or other climate change  
            information.

       4)Require DWR, in collaboration with the Board, the State Air  
            Resources Board, the State Energy Resources Conservation and  
            Development 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.

       5)Require the Board and the regional water quality boards, for the  
            purpose of the triennial review of applicable water quality  
            standards, to consider the reasonably foreseeable effects of  
            climate change on the water quality of the basin.

       6)Require 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.

          ARGUMENTS IN SUPPORT
          According to the author, "In recent years, scientist, water  
          mangers and the public at large have recognized the growing  
          threat to California's water supply by global climate change.   








          California already has witnessed some level of climate change,  
          from increasing frequency of serious floods to higher average  
          elevation of snowfall in the Sierras.  Change will likely  
          continue.  The hydrological patterns on which we have relied to  
          build our water infrastructure and economy will change.  The  
          when, where and how of our water supplies will change."

          The Planning and Conservation League notes, "Under current  
          requirements of the Urban Water Management Planning Act, and SB  
          221 and SB 610, water agencies must use the best available  
          information to estimate the amount of water that will be  
          available to meet water demands in their regions.  Recently, two  
          water agencies have been challenged in court by groups alleging  
          that those agencies had violated the law by failing to  
          incorporate climate change information into the 2005 urban water  
          management plans.  AB 224 will help water agencies meet these  
          legal requirements and limit liability from lawsuits by ensuring  
          that the state identifies reliable information on climate change  
          for each region.  AB 224 specifies that an agency would be  
          exempt from incorporating climate change impact into water plans  
          if such information is not available."

          The Sierra Club observes, "The California Energy Commission has  
          identified water as the single largest energy use in the state,  
          responsible for 19% of electricity and over 30% of natural gas  
          use.  Water use therefore contributes to the state's greenhouse  
          gas emissions.  Accordingly, we must look to water management as  
          the state seeks to reduce these emissions."

          ARGUMENTS IN OPPOSITION: None
          



          COMMENTS 
           Earlier Version Heard by This Committee.   At our June 26, 2007  
          hearing, this Committee heard the April 25, 2007 version of this  
          bill.  The author has subsequently amended this bill four times.  
           Those amendments resolved the issues raised in this Committee's  
          previous analysis of this bill.

           Dual Referred to EQ.   This analysis does not address issues  
          associated with the California Global Warming Solutions Act of  
          2006. 

          SUGGESTED AMENDMENTS:  None









          SUPPORT
          Inland Empire Utilities Agency (Co-Sponsor)
          Natural Resources Defense Council (Co-Sponsor)
          Planning and Conservation League (Co-Sponsor)
          Sonoma County Water Agency (Co-Sponsor)
          Association of California Water Agencies
          CA Association of Sanitation Agencies
          CA Native Plant Society
          CA Public Utilities Commission
          CA Watershed Network
          CalCoast
          Calleguas Municipal Water District
          City of Los Angeles
          City of San Diego
          Clean Water Action
          East Bay Municipal Utility District
          Eastern Municipal Water District
          Marin Municipal Water District
          Metropolitan Water District of So. Cal.
          San Diego County Water Authority 
          San Francisco Public Utilities Comm.
          Santa Ana Watershed Project Authority
          Santa Clara Valley Water District
          Sierra Club California
          Silicon Valley Leadership Group
          Solano County Water Agency
          Southern California Water Committee
          The Nature Conservancy
          Union of Concerned Scientists
          Water Reuse Association, CA Section

          OPPOSITION
          None