Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1871

Introduced by Assembly Member Waldron

February 10, 2016

An act to begin delete amend Section 12947 of the Water Code, end delete begin insert add Section 30603.2 to the Public Resources Code, end insert relating to begin delete desalination. end delete begin insert coastal resources. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1871, as amended, Waldron. begin delete Desalination. end delete begin insert Coastal resources: development: water supply projects. end insert

begin insert

Existing law, the California Coastal Act of 1976, requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit from the local government or California Coastal Commission, as specified.

end insert begin insert

This bill would limit the growth-inducing impacts the commission may consider in its review of a coastal development permit for a water supply project.

end insert begin delete

Existing law, the Cobey-Porter Saline Water Conversion Law, states the policy of this state that desalination projects developed by or for public water entities be given the same opportunities for state assistance and funding as other water supply and reliability projects, and that desalination be consistent with all applicable environmental protection policies in the state. The law provides that is it the intention of the Legislature that the Department of Water Resources shall 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.

end delete begin delete

This bill would provide that it is the intention of the Legislature that when a state agency considers an application relating to desalination that the agency, when considering alternatives, should consider the cost of those alternatives in order to ensure that project financing does not become significantly more expensive or difficult.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 30603.2 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 30603.2. end insert   

Notwithstanding any other law, if a coastal
development permit for a water supply project is to be obtained
from the commission pursuant to Section 30601 or an action taken
by a local government on a coastal development permit application
for a water supply project is on appeal to the commission pursuant
to Section 30603, and if the commission is considering the
growth-inducing impacts of the water supply project, the
commission shall be limited to considering the following
growth-inducing impacts:

(a) How the proposed project augments existing water supplies.

(b) How the proposed project increases regional water supply
reliability as a response to drought or climate change impacts.

(c) How the proposed project achieves the state policy of
reducing reliance on the Sacramento-San Joaquin Delta, as
described in Section 85021 of the Water Code.

end insert

begin delete

SECTION 1.  

Section 12947 of the Water Code is amended to
read:

12947.  

(a) The Legislature finds and declares that the growing
water needs of the state require the development of cost-effective
and efficient water supply technologies. Desalination technology
is now feasible to help provide significant new water supplies from
seawater, brackish water, and reclaimed water. Desalination
technology can also provide an effective means of treating some
types of contamination in water supplies. Desalination is consistent
with both state water supply and efficiency policy goals, and joint
state-federal environmental and water policy and principles
promoted by the Cal-Fed Bay Delta Program.

(b) It is the policy of this state that desalination projects
developed by or for public water entities be given the same
opportunities for state assistance and funding as other water supply
and reliability projects, and that desalination be consistent with all
applicable environmental protection policies in the state.

(c) It is the intention of the Legislature that the department shall
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.

(d) It is the intention of the Legislature that when a state agency
considers an application relating to desalination that the agency,
when considering alternatives, should consider the cost of those
alternatives in order to ensure that project financing does not
become significantly more expensive or difficult.

end delete