BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: SB 449 HEARING DATE: April 23, 2013
AUTHOR: Galgiani URGENCY: No
VERSION: April 18, 2013 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Urban and Agricultural Water Suppliers: Funding
BACKGROUND AND EXISTING LAW
1.One of the bills in the 2009 water package, SBX7 1 (Simitian),
enacted the Sacramento-San Joaquin Delta Reform Act of 2009.
One of the provisions of that Act established that "the policy
of the State of California is to reduce reliance on the Delta
in meeting California's future water supply needs through a
statewide strategy of investing in improved regional supplies,
conservation, and water use efficiency. Each region that
depends on water from the Delta watershed shall improve its
regional self-reliance for water through investment in water
use efficiency, water recycling, advanced water technologies,
local and regional water supply projects, and improved
regional coordination of local and regional water supply
efforts."
2.Another of the bills in the 2009 water package was SBX7 7
(Steinberg). That bill, sometimes known as the 20x2020 bill,
requires the state to achieve 20% reduction in urban per
capita water use by December 31, 2020. The bill provided
specific methods for urban water suppliers to meet the 20%
reduction goal.
SBX7 7 (Steinberg) also required agricultural water suppliers to
adopt a volumetric water pricing system and to implement
locally cost effective and technically feasible water use
efficiency measures, as specified.
3.The Urban Water Management Act requires urban water suppliers
to produce an urban water management plan in years ending in 0
and 5. Among other requirements, urban water management plans
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are to describe and evaluate sources of supply, reasonable and
practical efficient uses, reclamation, and demand management
activities. Plans are also to include a strategy and time
schedule for implementation of the plan. An urban water
supplier that does not comply with the act is ineligible to
receive funding from Propositions 204 or 13, or receive
drought assistance from the state until the urban water
supplier complies with the Act.
4.The Agricultural Water Management Act requires agricultural
water suppliers to produce an agricultural water management
plan in years ending in 0 and 5. Among other requirements,
agricultural water management plans are required to describe
and evaluate sources of supply, evaluate various efficient
water management practices as specified in SBX7 7, and include
a time schedule for implementation of the plan. An
agricultural water supplier that does not comply with the act
is ineligible for a water grant or loan awarded or
administered by the state unless the supplier complies with
the Act.
PROPOSED LAW
This bill would prohibit the Department of Water Resources (DWR)
from providing loans, grants, or direct expenditure, for
programs or projects within the service area of or otherwise
directly benefiting an urban or agricultural water supplier that
receives water from, transferred through, or used in the Delta
watershed, unless DWR determines that the water supplier is
reducing its dependence on the Delta pursuant to this bill.
DWR would deem an urban or agricultural water supplier to be
reducing its dependence on the Delta if all of the following
conditions are met:
DWR determines that the water supplier fully complies with the
SBX7 7 requirements and the urban or agricultural water
management planning act, as appropriate.
The water agency demonstrates, to DWR's satisfaction, that the
water supplier is complying with the implementation schedule
set forth in the relevant water management plan, all programs
and projects included in the plan that are locally cost
effective and technically feasible which reduce reliance on
the Delta.
Beginning in 2015, the water agency includes in its relevant
water management plan, the expected outcome for measurable
reduction in Delta reliance and improvement in regional
self-reliance.
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ARGUMENTS IN SUPPORT
According to the author, "The Sacramento-San Joaquin Delta
Reform Act of 2009 established as state policy is to reduce
reliance on the Delta in meeting California's future water
supply needs. This is perhaps the most important provision in
that Act. Unfortunately, the Delta Reform Act provided no
guidance to water agencies on how they were to comply with that
policy, nor any consequences for failing to comply. This bill
does both."
ARGUMENTS IN OPPOSITION: None
COMMENTS
Why not require following the law? It is the policy of the
state that each region that depends on water from the Delta
watershed is to improve its regional self-reliance for water
through investments in efficient water management practices.
The 20x2020 bill, Urban Water Management Act, and the
Agricultural Water Management Act are three of the principle
legal mechanisms the legislature has put in place to ensure
urban and agricultural water suppliers identify and implement
such efficient water practices. It is not clear why the state
should reward water suppliers by providing limited state funds,
when those water suppliers don't follow state policy by simply
complying with established law.
SUGGESTED AMENDMENTS: None
SUPPORT: None Received
OPPOSITION: None Received
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