BILL ANALYSIS AB 1797 Page 1 Date of Hearing: April 28, 2010 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 1797 (Bill Berryhill) - As Amended: April 7, 2010 Policy Committee: Water, Parks and Wildlife Vote: 7-5 Urgency: No State Mandated Local Program: No Reimbursable: No SUMMARY This bill requires the Department of Water Resources (DWR) to produce a study on the costs and benefits of the "Delta Corridors Plan." Specifically, this bill: 1)Requires DWR, in consultation with the Department of Fish and Game (DFG), to submit a study to the Legislature, by January 1, 2012, on the costs and benefits of a specific alternative system, known as the "Delta Corridors Plan," of conveying water through the Delta. 2)Specifies that the study is to include consideration of the "Two-Gates Fish Protection Demonstration Project." 3)Directs DWR to consult with the Department of Fish and Game (DFG) to identify the environmental and ecological costs and benefits of the plan. 4)Appropriates $750,000 to pay for the study. FISCAL EFFECT 1)One-time costs of $750,000 per appropriation made by this bill Proposition 84 bond fund). 2)Potential additional one-time costs in the hundreds of thousands of dollars to cover costs to DWR and DFG in excess of the appropriation made by this bill (General Fund or special fund). COMMENTS AB 1797 Page 2 1)Rationale . Supporters contend it important DWR adequately consider alternatives to the already identified "preferred alternative" for Delta conveyance. These advocates claim a previous study of the "Delta Corridors Plan" was inadequate and DWR has predetermined the outcome of its consideration of alternatives for conveyance of Delta water. 2)Background . a) Water Package and the Delta Plan . Senate Bill 1 (Chapter 5, Statutes of 2009, Simitian) codified the coequal goals of providing a more reliable water supply for California while protecting, restoring, and enhancing the Delta ecosystem. SB 1 calls for the Delta Stewardship Council, created by SB 1, to adopt a "Delta Plan," a comprehensive, long-term management plan for the Delta. SB 1 also called for the council to consider a plan for Delta water conveyance developed by the Bay Delta Conservation Plan (BDCP)-a stakeholder-driven process to develop a conservation plan upon which an official state Delta plan could be built. SB 1 specifies the council is to adopt the BDCP only if it has considered, among other things, "a reasonable range of Delta conveyance alternatives, including through-Delta, dual conveyance, and isolated conveyance alternatives and including further capacity and design options of a lined canal, an unlined canal, and pipelines." In November 2009, South Delta Water Agency (SDWA) released a report, prepared by ICF Jones & Stokes, entitled "The Delta Corridors Plan and Its Potential Benefits." The report describes a particular type of through-Delta alternative that isolates San Joaquin River outflows from Sacramento River water by a series of barriers, gates, and fish screens. BDCP previously considered, and has since discarded, a plan similar to "Delta Corridors." Currently, BDCP is focused on a tunnel-type "canal" conveyance as part of its "preferred project alternative" for Delta water conveyance. SDWA and other supporters of this bill continue to press for consideration of the "Delta Corridors Plan," claiming it would better achieves the coequal Delta goals than would a canal-type system, and AB 1797 Page 3 would do so at lower cost. b) Proposition 84 Includes Planning Money. The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) provided $5.4 billion in general obligation bonds. The money is to fund safe drinking water, water quality and supply, flood control, waterway and natural resource protection, water pollution and contamination control, state and local park improvements, public access to natural resources, and water conservation efforts. Of the total, $65 million is available to DWR for planning and feasibility studies related to the existing and potential future needs for California's water supply, conveyance and flood control systems. 3)Support. Supporters include several local governments and water agencies in the San Joaquin Valley, who contend it important that DWR study the Delta Corridors Plan before deciding on a plan for the Delta, especially a plan that includes a peripheral canal. 4)Opposition . The bill is opposed by a number of water agencies, including the Metropolitan Water of Southern California, who claim this bill duplicates existing legal requirements and, therefore is unnecessary and inappropriately favors one specific alternative plan. Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081