BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 449 (Galgiani) - Local water supply programs or projects:  
          funding.
          
          Amended: April 18, 2013         Policy Vote: NR&W 7-2
          Urgency: No                     Mandate: No
          Hearing Date: May 23, 2013      Consultant: Marie Liu
          
          SUSPENSE FILE.
          
          
          Bill Summary: SB 449 would prohibit the Department of Water  
          Resources (DWR) from providing loans, grants, or direct  
          expenditure, for programs or projects within the service area of  
          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.

          Fiscal Impact: Uncertain, but likely in the mid to high hundreds  
          of thousands of dollars from various special funds and the  
          General Fund to DWR for increased workload to review funding  
          eligibility.

          Background: As expressed in the Sacramento-San Joaquin Delta  
          Reform Act of 2009, it is the policy of the state 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.

          Proposed Law: SB 449 would require urban and agricultural water  
          suppliers to meet the following criteria to illustrate that they  
          are reducing its dependence on the Delta:
             DWR determines that the water supplier is working  to  
              achieve a 20% reduction in urban per capital use by December  
              31, 2020 if it is a urban water supplier or that the water  
              supplier has adopted a volumetric water pricing system if it  








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              is an agricultural water supplier. 
             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.
             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.

          Failure to meet these criteria would prohibit DWR from providing  
          loans, grants, or direct expenditure in that water supplier's  
          service area. 

          Staff Comments: This bill raises several implementation  
          questions that have cost implications. This bill's requirement  
          that a water supplier comply with existing law regarding  
          reducing dependence on the Delta in order to be eligible to  
          receive grants or loans for DWR is a relatively straightforward  
          requirement to implement. DWR could, for example, require the  
          applicant to self-certify compliance as part of a grant or loan  
          application. However, there would be costs to revise guidelines  
          and for additional review costs, likely in the low hundreds of  
          thousands of dollars. To the extent that these grant and loan  
          programs are funded by bonds that cap administrative costs, at  
          least some of these costs are likely to be borne by the General  
          Fund.

          Implementing this bill's prohibition to direct expenditures  
          however is much more difficult and unclear. For example, if DWR  
          is working on a flood control project (that ultimately protects  
          the state's liability), would this bill's provision prohibit  
          that project from going forward? Also, as there is no  
          application from the appropriate water supplier in this  
          situation, it would likely be a much more time-intensive  
          activity to verify compliance with the bill's requirements.  
          Staff believes at a minimum, verifying eligibility for non-bonds  
          and grants could result in DWR costs in the low to mid hundreds  
          of thousands of dollars. 














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