BILL NUMBER: SB 726 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Lara
FEBRUARY 22, 2013
An act to amend Section 10610.2 of the Water
12894 of the Government Code, relating to water
greenhouse gases .
LEGISLATIVE COUNSEL'S DIGEST
SB 726, as amended, Lara. Urban water management
planning. California Global Warming Solutions Act of
2006: Western Climate Initiative, Incorporated.
(1) The California Global Warming Solutions Act of 2006 designates
the State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The state board is required to adopt a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020, and to adopt rules and
regulations in an open public process to achieve the maximum,
technologically feasible, and cost-effective greenhouse gas emissions
reductions. Existing law also imposes conditions on the Western
Climate Initiative, Incorporated, a nongovernmental entity created to
assist the state board in the implementation of the act. Existing
law specifies who may serve as part of the California membership of
the board of directors of the Western Climate Initiative,
Incorporated.
This bill, commencing January 1, 2014, would require the Western
Climate Initiative, Incorporated, to cease all work on behalf of the
state until the non-ex officio California membership of the board of
directors of the Western Climate Initiative, Incorporated, is
confirmed by the Senate. The bill, commencing January 1, 2014, would
require the state board to include information on all proposed
expenditures and allocations of moneys to the Western Climate
Initiative, Incorporated, in the Governor's budget. The bill would
require the Western Climate Initiative, Incorporated, to annually
submit a specified report to the Governor and the Legislature.
(2) The Bagley-Keene Open Meeting Act generally requires that all
meetings of a state body be open and public. Existing law exempts the
Western Climate Initiative, Incorporated, and its appointees from
the Bagley-Keene Open Meeting Act when performing their duties.
This bill would repeal that exemption and instead subject the
Western Climate Initiative, Incorporated, and its appointees to the
Bagley-Keene Open Meeting Act when performing their duties.
(3) The California Public Records Act requires state and local
agencies to make public records available for inspection by the
public, subject to specified criteria, and with specified exceptions.
This bill would require the Western Climate Initiative,
Incorporated, and its appointees to be subject to the California
Public Records Act when performing their duties.
Existing law declares that certain provisions relating to urban
water management planning are intended to provide assistance to water
agencies in carrying out their long-term resource planning
responsibilities to ensure adequate water supplies to meet existing
and future demands for water. Existing law makes related legislative
findings and declarations.
This bill would make a technical, nonsubstantive change in those
findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12894 of the
Government Code is amended to read:
12894. (a) (1) The Legislature finds and declares that the
establishment of nongovernmental entities, such as the Western
Climate Initiative, Incorporated, and linkages with other states and
countries by the State Air Resources Board or other state agencies
for the purposes of implementing Division 25.5 (commencing with
Section 38500) of the Health and Safety Code, should be done
transparently and should be independently reviewed by the Attorney
General for consistency with all applicable laws.
(2) The purpose of this section is to establish new oversight and
transparency over any such linkages and related activities undertaken
in relation to Division 25.5 (commencing with Section 38500) of the
Health and Safety Code by the executive agencies in order to ensure
consistency with applicable laws.
(b) (1) The California membership of the board of directors of the
Western Climate Initiative, Incorporated, shall be modified as
follows:
(A) One appointee or his or her designee who shall serve as an ex
officio nonvoting member shall be appointed by the Senate Committee
on Rules.
(B) One appointee or his or her designee who shall serve as an ex
officio nonvoting member shall be appointed by the Speaker of the
Assembly.
(C) The Chairperson of the State Air Resources Board or her or his
designee.
(D) The Secretary for Environmental Protection or his or her
designee.
(2) Sections 11120 through 11132 do not apply to the Western
Climate Initiative, Incorporated, or to appointees specified in
subparagraphs (C) and (D) of paragraph (1) when performing their
duties under this section.
(2) Commencing January 1, 2014, the Western Climate Initiative,
Incorporated, shall cease all work on behalf of the state until the
non-ex officio California membership of the board of directors of the
Western Climate Initiative, Incorporated, is confirmed by the
Senate.
(c) The State Air Resources Board shall provide notice to the
Joint Legislative Budget Committee, consistent with that required for
Department of Finance augmentation or reduction authorizations
pursuant to subdivision (e) of Section 28.00 of the annual Budget
Act, of any funds over one hundred fifty thousand dollars ($150,000)
provided to the Western Climate Initiative, Incorporated, or its
derivatives or subcontractors no later than 30 days prior to transfer
or expenditure of these funds.
(d) (1) The Chairperson of the State Air
Resources Board and the Secretary for Environmental Protection, as
the California voting representatives on the Western Climate
Initiative, Incorporated, shall report every six months to the Joint
Legislative Budget Committee on any actions proposed by the Western
Climate Initiative, Incorporated, that affect California state
government or entities located within the state.
(2) The Western Climate Initiative, Incorporated, shall annually
submit a report to the Governor and the appropriate committees of the
Legislature that includes all of the following:
(A) Emissions reductions achieved pursuant to the Western Climate
Initiative.
(B) General plans to foster relationships with other localities,
states, and nations in order to reduce greenhouse gas emissions in
California.
(3) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
(e) For purposes of this section, "link," "linkage," or "linking"
means an action taken by the State Air Resources Board or any other
state agency that will result in acceptance by the State of
California of compliance instruments issued by any other governmental
agency, including any state, province, or country, for purposes of
demonstrating compliance with the market-based compliance mechanism
established pursuant to Division 25.5 (commencing with Section 38500)
of the Health and Safety Code and specified in Sections 95801 to
96022, inclusive, of Title 17 of the California Code of Regulations.
(f) A state agency, including, but not limited to, the State Air
Resources Board, shall not link a market-based compliance mechanism
established pursuant to Division 25.5 (commencing with Section 38500)
of the Health and Safety Code and specified in Sections 95801 to
96022, inclusive, of Title 17 of the California Code of Regulations
with any other state, province, or country unless the state agency
notifies the Governor that the agency intends to take such action and
the Governor, acting in his or her independent capacity, makes all
of the following findings:
(1) The jurisdiction with which the state agency proposes to link
has adopted program requirements for greenhouse gas reductions,
including, but not limited to, requirements for offsets, that are
equivalent to or stricter than those required by Division 25.5
(commencing with Section 38500) of the Health and Safety Code.
(2) Under the proposed linkage, the State of California is able to
enforce Division 25.5 (commencing with Section 38500) of the Health
and Safety Code and related statutes, against any entity subject to
regulation under those statutes, and against any entity located
within the linking jurisdiction to the maximum extent permitted under
the United States and California Constitutions.
(3) The proposed linkage provides for enforcement of applicable
laws by the state agency or by the linking jurisdiction of program
requirements that are equivalent to or stricter than those required
by Division 25.5 (commencing with Section 38500) of the Health and
Safety Code.
(4) The proposed linkage and any related participation of the
State of California in the Western Climate Initiative,
Incorporated, shall not impose any significant liability on the state
or any state agency for any failure associated with the linkage.
(g) The Governor shall issue findings pursuant to subdivision (f)
within 45 days of receiving a notice from a state agency, and shall
provide those findings to the Legislature. The findings shall
consider the advice of the Attorney General. The findings to be
submitted to the Legislature shall not be unreasonably withheld. The
findings shall not be subject to judicial review.
(h) The Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1) and the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1) shall apply to the Western Climate Initiative,
Incorporated, and to appointees specified in paragraph (1) of
subdivision (b) when performing their duties under this section.
(i) Commencing January 1, 2014, the State Air Resources Board
shall include information on all proposed expenditures and
allocations of moneys to the Western Climate Initiative,
Incorporated, in the Governor's budget.
SECTION 1. Section 10610.2 of the Water Code is
amended to read:
10610.2. (a) The Legislature finds and declares all of the
following:
(1) The waters of the state are a limited and renewable resource
subject to ever-increasing demands.
(2) The conservation and efficient use of urban water supplies are
of statewide concern; however, the planning for that use and the
implementation of those plans can best be accomplished at the local
level.
(3) A long-term, reliable supply of water is essential to protect
the productivity of California's businesses and economic climate.
(4) As part of its long-range planning activities, every urban
water supplier should make every effort to ensure the appropriate
level of reliability in its water service sufficient to meet the
needs of its various categories of customers during normal, dry, and
multiple dry water years.
(5) Public health issues have been raised over a number of
contaminants that have been identified in some local and imported
water supplies.
(6) Implementing effective water management strategies, including
groundwater storage projects and recycled water projects, may require
specific water quality and salinity targets for meeting groundwater
basins water quality objectives and promoting beneficial use of
recycled water.
(7) Water quality regulations are becoming an increasingly
important factor in water agencies' selection of raw water sources,
treatment alternatives, and modifications to existing treatment
facilities.
(8) Changes in drinking water quality standards may also impact
the usefulness of water supplies and may ultimately impact supply
reliability.
(9) The quality of source supplies can have a significant impact
on water management strategies and supply reliability.
(b) This part is intended to provide assistance to water agencies
in carrying out their long-term resource planning responsibilities to
ensure adequate water supplies to meet existing and future demands
for water.