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
AB 224
Page 2
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
AB 224
Page 3
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.
AB 224
Page 4
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),
AB 224
Page 5
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