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