BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 1755         Hearing Date:    June 28,  
          2016
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          |Author:    |Dodd                   |           |                 |
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          |Version:   |May 11, 2016                                         |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Dennis O'Connor                                      |
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                  Subject:  The Open and Transparent Water Data Act

          BACKGROUND AND EXISTING LAW
          The authority to acquire information technology goods and  
          services in state government is spread over three agencies.

           The Department of Finance (Finance) is responsible for review  
            and approval of funding related to IT project proposals. 

           The California Department of Technology (CDT) has broad  
            responsibility and authority to guide the application of  
            information technology (IT) in California State Government.  
            CDT's areas of responsibility include policy making,  
            interagency coordination, IT budget and procurement review,  
            technical assistance, and advocacy.





           The Department of General Services (DGS) is generally  
            responsible for the acquisition of all IT goods and services.  
            DGS also has statutory authority to delegate IT purchasing  
            authority to those departments demonstrating the capability to  
            make purchases that adhere to State statutes, regulations,  
            policies, and procedures.










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          According to the Department of Water Resources, they have  
            delegated authority for IT goods and services costing up to $2  
            million.



          State agencies frequently develop and maintain data regarding  
          their activities and compliance with regulations.  For example:





           The Department of Water Resources DWR maintains data  
            associated with the State Water Project (SWP), groundwater  
            monitoring, urban water management, and land use. 





           The State Water Resources Control Board (state board)  
            maintains data associated with water rights, water diversions,  
            and water quality.  





           The Department of Fish and Wildlife (DFW) maintains data  
            associated with fish populations and locations.   







          PROPOSED LAW
          This bill would enact the Open and Transparent Water Data Act.   
          The Act would:

           Require DWR, state board, and DFW to "coordinate and integrate  
            existing water and ecological data from local, state, and  








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            federal agencies."

           Establish that the purposes for integrating water and  
            ecological data are "to provide adequate information to  
            implement the Sustainable Groundwater Management Act (SGMA),  
            improve the management of the state's water resources, and  
            bring greater transparency to water transfers and the market."

          The Act would require DWR to create, operate, and maintain a  
          statewide integrated water data platform by January 1, 2018.  To  
          do so, the Act would:

           Require DWR, the state board, and DFW to develop protocols for  
            data sharing, documentation, quality control, public access,  
            and promotion of open-source platforms and decision support  
            tools related to water data. 

           Require the agencies, before establishing the data platform,  
            to develop and submit to the Legislature a report describing  
            these protocols. 

           Require the agencies to develop the report in collaboration  
            with relevant federal agencies and interested stakeholders,  
            including, but not limited to, technology and open data  
            experts and water data users.

           Authorize DWR to partner with an existing nonprofit  
            organization, a new nonprofit organization, or another state  
            agency, to create, operate, and maintain the platform.

          The Act would require the statewide integrated water data  
          platform to do the following:

           Integrate existing water and ecological data information from  
            multiple autonomous databases managed by federal, state, and  
            local agencies and academia using consistent and standardized  
            formats.

           Integrate, at a minimum, the following datasets:
             o    DWR's information on State Water Project reservoir  
               operations, groundwater use, and groundwater levels through  
               California Statewide Groundwater Elevation Monitoring  
               (CASGEM), urban water use, and land use.
             o    The state board's data on water rights, water  








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               diversions, and water quality through California  
               Environmental Data Exchange Network (CEDEN).
             o    DFW's information on fish abundance and distribution.
             o    The United States Geological Survey's streamflow  
               conditions information through the National Water  
               Information System.
             o    The United States Bureau of Reclamation's federal  
               Central Valley Project operations information.
             o    The United States Fish and Wildlife Service's, United  
               States Forest Service's, and National Oceanic and  
               Atmospheric Administration Fisheries' fish abundance  
               information.

           Provide data on completed water transfers and exchanges,  
            including publicly available or voluntarily provided data on  
            the volume, price, and delivery method, identity of the buyers  
            and sellers, and the water right associated with the transfer  
            or exchange.

           Provide clear and careful documentation of data quality and  
            data formats through metadata.

           Be able to receive both spatial and time series data from  
            various sources.

           Enable custom dashboards, visualizations, graphing, and  
            analysis.

          The Act would create the Water Data Administration Fund.  Moneys  
          in the fund, upon appropriation, would be available to DWR, the  
          state board, and DFW to:

           Improve water data.

           Create, operate, or maintain the statewide integrated water  
            data platform, including the cost to verify data, and  
            modernizing water information databases.

          ARGUMENTS IN SUPPORT
          According to the author, "Recent climate swings highlight the  
          need to assess our water management system, fix any of its  
          shortcomings, and improve water management techniques. One of  
          those fixes concerns the availability and use of water data."









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          "Data exists in many locations on hydrology, water quality,  
          water rights, water use, and much more, and the amount of data  
          is growing.  Many water operators and regulators have been  
          unable to harness this information and make timely, science  
          based decisions that can lead to a more sustainable water  
          future."

          "AB 1755 addresses these water data shortcomings by creating  
          open and transparent access to water data by way of a statewide  
          integrated water data platform that will bring together critical  
          water and ecological data in a user friendly, publicly  
          accessible website. This will simplify and expedite water  
          allocation and management decision-making. Open data protocols  
          for data sharing, transparency, documentation, and quality  
          control will promote greater compatibility among data sets and  
          encourage the application of new methods to synthesize  
          information to support better decision making."  

          ARGUMENTS IN OPPOSITION: None received

          COMMENTS
           Part Of A General Trend.   There seems to be growing interest in  
          consolidating state data into one data portal or system.  For  
          example,  http://www.opendata.ca.gov/  is a similar effort whose  
          goals include:

           Expanding the number of state datasets that are shared with  
            the public and with other departments, and that can be  
            combined with other state open datasets, as well as  
            non-government data.

           Joining existing and planned state government open data  
            portals, so that the departments and the public have access to  
            one-stop shopping for open data.

           Can DWR Do This?  One year seems like a very ambitious time  
          line, especially without a current year budget augmentation.   
          The Senate Appropriations Committee will more fully explore the  
          costs of this effort, but if the projected costs of the project  
          are over DWR's delegated authority there would likely be  
          additional administrative steps that could further delay the  
          implementation of this bill.

          It is also not clear if DWR has the technical capacity to do  








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          this.  If not, DWR will need to contract out for IT services,  
          further adding time to implementing this bill.

           Other Data That Might Be Of Interest.   In addition to the data  
          sources listed in this bill, DWR has additional data that may be  
          of interest.  These include data about flood operations and  
          flood risk, urban water management plans, and agricultural water  
          management plans.  There may also be data that support the  
          California Water Plan that would be of use.  The state board and  
          DFW may also have additional data that may be of interest as  
          well as data collected and maintained by the Department of Food  
          and Agriculture.

           Data Standards?   To truly be of use, it is important that data  
          are consistent both spatially and temporally.  Ensuring this may  
          lead to the adoption of data standards in regulation.

          SUGGESTED AMENDMENTS: None
          

          SUPPORT
          Bay Area Council (Sponsor)
          American Rivers
          Association of California Water Agencies
          The Bay Institute
          California Association of Environmental Health Administrators
          California Municipal Utilities Association
          California Trout
          Center for Food Safety
          Ceres
          Contra Costa Water District
          Cliff Bar
          Dignity Health
          Environmental Defense Fund
          Gap Inc.
          Kellogg Company
          Los Angeles Area Chamber of Commerce
          Metropolitan Water District
          North Bay Leadership Council
          Northern California Water Association
          Pacific Water Quality Association  
          Patagonia
          San Diego County Water Authority
          San Francisco Chamber of Commerce








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          Santa Clara Valley Water District
          Sierra Nevada Brewing Company
          Silicon Valley Leadership Group
          Sonoma County Water Agency
          Sungevity
          Symantec Corporation
          The Coca-Cola Company
          The Nature Conservancy
          Trout Unlimited
          Tuolumne River Trust
          Upper San Gabriel Valley Water District
          Union of Concerned Scientists
          VMware

          OPPOSITION
          None Received

          
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