BILL ANALYSIS 1 ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Darrell Steinberg, Chair | | 2007-2008 Regular Session | | | ----------------------------------------------------------------- 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