BILL NUMBER: AB 2595 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hall
FEBRUARY 24, 2012
An act to add Section 35616 to the Public Resources Code, relating
to water, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2595, as introduced, Hall. Desalination.
The Cobey-Porter Saline Water Conversion Law authorizes the
Department of Water Resources, either independently or in cooperation
with public or private entities to conduct a program of
investigation, study, and evaluation in the field of saline water
conversion, to provide assistance to persons or entities seeking to
construct desalination facilities, and after submission of a written
report and upon appropriation from the Legislature, to finance,
construct, and operate saline water conversion facilities. Existing
law required the department, not later than July 1, 2004, to report
to the Legislature, on potential opportunities and impediments for
using seawater and brackish water desalination, and to examine what
role, if any, the state should play in furthering the use of
desalination technology. Existing law required the department to
convene a Water Desalination Task Force, comprised of representatives
from listed agencies and interest groups, to advise the department
in carrying out these duties and in making recommendations to the
Legislature.
The California Ocean Protection Act establishes the Ocean
Protection Council in state government. Existing law requires the
Ocean Protection Council to coordinate activities of state agencies
that are related to the protection and conservation of coastal waters
and ocean ecosystems to improve the effectiveness of state efforts
to protect ocean resources within existing fiscal limitations, to
establish policies to coordinate the collection, evaluation, and
sharing of scientific data related to coastal and ocean resources
among agencies, and to identify and recommend to the Legislature
changes in law needed to achieve these goals.
This bill would require the council to report to the Legislature,
by December 31, 2013, on opportunities for streamlining the current
statewide permitting processes for seawater desalination facilities,
including an evaluation of impediments to desalination projects
relative to the current permitting process and to recommend potential
administrative and legislative actions for streamlining the
permitting process while maintaining current regulatory protections.
The bill would require the council to convene the Seawater
Desalination Permit Streamlining Task Force to review the current
permitting processes required by all state regulatory agencies for
the planning, design, construction, monitoring, and operation of
seawater desalination facilities, to identify opportunities for
streamlining the permitting process, and to advise the council in
making the report.
Existing law, the Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Bond Act of 2006, an
initiative bond act approved by the voters as Proposition 84 at the
November 7, 2006, statewide general election, authorizes the issuance
of general obligation bonds in the amount of $5,388,000,000, of
which $1,000,000,000 is made available to the department, upon
appropriation by the Legislature, for grants for projects that assist
local public agencies to meet the long-term water needs of the
state, including the delivery of safe drinking water and the
protection of water quality and the environment. Eligible projects
are required to implement integrated regional water management plans
that meet certain requirements.
This bill would appropriate $250,000 of these funds to the
department to pay the costs of convening the Seawater Desalination
Permit Streamlining Task Force and preparation of the report.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) A growing population, climate change uncertainty, and the need
to grow the state's economy while protecting and restoring our fish
and wildlife habitats make it essential that the state manage its
water resources as efficiently as possible.
(b) Diversifying regional water supply portfolios will increase
water supply reliability and advance state policies for regional
self-sufficient water supplies. In addition to stormwater capture,
water recycling, and conservation, water agencies located in coastal
areas are considering seawater desalination to help diversify their
water supply portfolios. These water agencies include seawater
desalination as potential future supplies in their most recent urban
water management plans. Seawater desalination projects are also
elements of several integrated regional water management plans.
(c) In addition to providing much needed water supply reliability
against future uncertainties, seawater desalination projects have the
potential to create new jobs in the state over the next 10 years and
generate much needed investment in local economies. Reverse osmosis
and other seawater desalination technologies were pioneered and
developed in California, and desalination technology remains an
important industrial sector in San Diego County and other regions.
(d) Proponents for seawater desalination projects must obtain
close to 30 local, state, and federal permits and related approvals.
The procedure for obtaining key state permits is not always clear,
and there can be significant redundancy in the requirements between
some of the permitting agencies. As a result, both the cost and the
timeframe for obtaining state permits has become a potential
impediment for some proposed desalination projects.
(e) As a result of Chapter 62 of the Statutes of 2003 (Senate Bill
No. 600), a Water Desalination Task Force was convened and delivered
a report to the Legislature that included the following
recommendation: "To improve communication, cooperation, and
consistency in permitting processes, encourage review processes for
each desalination project to be coordinated among regulators and the
public."
(f) Section 12947 of the Water Code states the intent of the
Legislature that the Department of Water Resources undertake to find
economic and efficient methods of desalting saline water so that
desalted water may be made available to help meet the growing water
requirements of the state.
(g) Existing law requires the State Water Resources Control Board
to formulate and adopt a water quality control plan for ocean waters
of the state known as the California Ocean Plan. The board is
currently updating the California Ocean Plan with environmentally
protective, science-based regulations, specifically for seawater
desalination projects. These new regulations will be implemented
through existing National Pollution Discharge Elimination System
permits managed by regional water quality control boards.
SEC. 2. Section 35616 is added to the Public Resources Code, to
read:
35616. (a) (1) Not later than December 31, 2013, the Ocean
Protection Council shall report to the Legislature on opportunities
for streamlining the current statewide permitting processes for
seawater desalination facilities in California. The report shall
evaluate impediments to desalination projects relative to the current
permitting process and investigate opportunities to improve the
process. The report shall also recommend potential administrative and
legislative actions for streamlining the permitting process while
maintaining current regulatory protections.
(2) The report submitted pursuant to this subdivision shall comply
with Section 9795 of the Government Code.
(3) This subdivision shall become inoperative on January 1, 2018,
pursuant to Section 10231.5 of the Government Code.
(b) The Ocean Protection Council shall convene a task force, to be
known as the Seawater Desalination Permit Streamlining Task Force,
to review the current permitting processes required by all state
regulatory agencies for the planning, design, construction,
monitoring, and operation of seawater desalination facilities, to
identify opportunities for streamlining the permitting process, and
to advise the Ocean Protection Council in implementation of
subdivision (a), including making recommendations to the Legislature
on the following:
(1) Establishing a clear pathway for obtaining state permits.
(2) Defining the regulatory scope for each permitting agency.
(3) Eliminating redundant requirements between California
permitting agencies.
(4) Describing the data needed to complete each permit.
(5) Developing best practices for communication among regulatory
agencies and the regulated community.
(6) Ensuring that any recommended changes maintain the current
regulatory protections.
(c) (1) The recommendations developed by the Seawater Desalination
Permit Streamlining Task Force shall focus on how state regulations
are applied by permitting agencies and commissions during the
permitting process.
(2) The recommended actions should review the scope for each
permitting agency and commission, while maintaining current
regulatory protections.
(3) The recommended actions shall accommodate any new regulations
developed by the State Water Resources Control Board for the
California Ocean Plan.
(d) (1) The Seawater Desalination Permit Streamlining Task Force
shall include one representative from each of the following state
entities:
(A) Department of Water Resources.
(B) State Water Resources Control Board.
(C) California Coastal Commission.
(D) State Lands Commission.
(E) State Department of Public Health.
(F) State Energy Resources Conservation and Development
Commission.
(G) California Environmental Protection Agency.
(H) Natural Resources Agency.
(I) Department of Parks and Recreation.
(2) The Seawater Desalination Permit Streamlining Task Force shall
include one representative from each of the following, as determined
by the Ocean Protection Council:
(A) Commission for Economic Development.
(B) A coastal regional water quality control board in which is
located at least one proposed seawater desalination facility.
(C) A recognized environmental advocacy group.
(D) A water purveyor, as defined in Section 512 of the Water Code,
that is a public entity, as defined in Section 514 of the Water
Code, that is developing or proposing to develop a seawater
desalination facility.
(E) An entity that supplies water at wholesale to urban water
suppliers, as defined in Section 10617 of the Water Code.
(F) A nonprofit association created to further the use of seawater
desalination that includes both private and public members.
(G) A recognized environmental justice advocacy group.
(H) A recognized business advocacy group.
(I) A representative of a recognized organization representing
public union members.
(J) A representative of a recognized organization representing
private union members.
(3) A member of the Seawater Desalination Permit Streamlining Task
Force may appoint an alternate to represent the member at a meeting
of the task force.
(4) A representative of the Ocean Protection Council shall convene
the Seawater Desalination Permit Streamlining Task Force and act as
chair of the task force.
(e) Pursuant to Section 75026, the sum of two hundred fifty
thousand dollars ($250,000) is hereby appropriated to the Department
of Water Resources for expenditure by the department to pay the costs
for convening the Seawater Desalination Permit Streamlining Task
Force and for preparation of the report pursuant to subdivision (a).