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:    May 28, 2008
           FISCAL:     Yes               HEARING DATE:     June 23, 2008
           URGENCY:    No                CONSULTANT:       Bruce Jennings
            
           SUBJECT  :    WATER SUPPLY PLANNING

            SUMMARY  :    
           
            Existing law  :

           1) Authorizes the Department of Water Resources (DWR)to  
              conduct various activities to meet the water needs of the  
              state.  Individual water agencies, among other  
              responsibilities, are responsible for planning to meet the  
              needs of their current and future water users.

           2) Requires the State Water Resources Control Board (state  
              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.

           3) Establishes a statewide program for reducing greenhouse gas  
              emissions, including various efforts to ensure that  
              activities undertaken to comply with the regulations do not  
              disproportionately impact low-income communities, pursuant  
              to Section 38562(b) (2) of The Global Warming Solutions Act  
              (Chapter 488, statutes of 2006).

           4) Requires state agencies to consider and implement measures  
              and strategies under their authority to reduce their  
              greenhouse gas emissions in furtherance of the targets in  
              the Climate Action Team Report and the California Global  
              Warming Solutions Act (also referred to as "State Agency  
              Greenhouse Gas Reduction Report Card," Section 12890 et  









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              seq. of the Government Code).

            This bill  :

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

           2) Requires 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:

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

           4) Requires 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.

           5) Requires 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.

           6) Prohibits 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.

           7) Requires DWR, in collaboration with the state board, the  
              Air Resources Board, the Energy Resources Conservation and  









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              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.

           8) Requires the state 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.

           9) 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.

           COMMENTS  :

           1)Purpose of Bill  .  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."

           2)Background  .  Numerous scientific studies have documented the  
             changes, established trends, and begun developing  
             preliminary projections of the changes and effects on water  
             supply. California's own Lawrence Livermore National  
             Laboratory has estimated the effects of climate change on  
             various aspects of California's rich environmental and water  
             resources, from Sierra forests to Central Valley  
             agriculture. In 2005, the Department of Water Resources  
             (DWR) issued a preliminary report projecting dramatic  
             effects on the management of California water resources. The  
             California Energy Commission also recently examined the  
             substantial energy costs related to water supply.










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           3)Arguments in Support  .  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."

           4)Background: Climate Action Team  .  The Governor has issued a  
             series of executive orders (EOs) on global warming and  
             related subjects during 2005 and 2006.  EO S-3-05 and EO  
             S-20-06 both relate to the CAT; with the first one directing  
             the Secretary of Cal EPA to coordinate multi-agency efforts  
             to meet the greenhouse gas emission reduction targets (also  
             contained in this EO), and with the second EO formally  
             naming the CAT and directing it to engage in a number of  
             activities relating generally to measures for implementing  
             AB 32.

           5)Clarifying Relationships between AB 224 and the Climate  
             Action Team  .
          Consistent with the Governor's Executive Order S-3-05,  
             committing state agencies to climate emission reduction  
             targets, and the enactment of SB 85 - the State Agency  
             Greenhouse Gas Reduction Report Card (Senate Committee on  
             Budget and Fiscal Review, Chapter 178, Statutes of 2007),  









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             establishing a list of measures of measures to meet GHG  
             emission reduction targets and any additional measures  
             needed for further reductions, it is appropriate and  
             necessary to explicitly link AB 224 in order to avoid  
             potential conflicts and ambiguities concerning state  
             activities to achieve emission reductions pursuant to AB 32.

          One option for achieving this linkage would be to amend  
             Sections 10103(b) and 10104 (e) to include the concluding  
             phrase: "including any reporting or other requirements  
             pursuant to Section 12890 et seq. of the Government Code."

            SOURCE  :        Inland Empire Utilities Agency, Natural  
                          Resources Defense Council, Planning and  
                          Conservation League, Sonoma County Water Agency  

           SUPPORT  :       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 Conservation League,  
                          Marin Municipal Water District, Metropolitan  
                          Water District of So. Cal., San Diego County  
                          Water Authority, San Francisco Public  
                          Utilities, Santa Ana Watershed Project  
                          Authority, Santa Clara Valley Water District,  
                          Sierra Club California, Silicon Valley  
                          Leadership Group, Solano County Water Agency,  
                          Sonoma County Water Agency, Southern California  
                          Water Committee, The Nature Conservancy, Union  
                          of Concerned Scientists, WateReuse Association  
                          (CA Section)  

           OPPOSITION  :    None on file