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