BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1989


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          Date of Hearing:  March 29, 2016


                  ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE


                                 Marc Levine, Chair


          AB 1989  
          (Jones) - As Introduced March 14, 2016


          SUBJECT:  Drought:  water supply


          SUMMARY:  Requires the State Water Resources Control Board in  
          coordination with the State Energy Resources and Conservation  
          and Development Commission, the Public Utilities Commission, and  
          the Department of Water Resources, to develop and implement a  
          grant and low interest loan program to reduce water-related  
          greenhouse gas (GHG) emissions.  Specifically, this bill:


          1)Continuously and annually appropriates $200 million from the  
            greenhouse gas reduction fund (GGRF) to implement the grant  
            and low-interest loan program.


          2)Finds and declares that water and energy are connected.   
            California's water system accounts for 20 percent of total  
            electricity usage and 30 percent of nonpower-related natural  
            gas use.  Saving water saves energy and potentially reduces  
            emissions.  There are opportunities to reduce water-related  
            greenhouse gas emissions.


          3)Includes but does not limit projects eligible for grant and  
            low interest loan funding to be: local water recycling,  








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            stormwater capture, groundwater cleanup, seawater and brackish  
            water desalination, and water conservation. Additionally  
            includes efficient irrigation, water and wastewater plant  
            clean energy, energy-efficient water pumps, pipe leak  
            detection and repair, appliance water efficiency project to be  
            funded through the grant and low interest loan program.


          4)Requires projects to reduce water-related greenhouse gas  
            emissions to be eligible.


          5)Requires any public funds made available for the program to  
            private water companies regulated by the Public Utilities  
            Commission be used for the benefit of rate payers or the  
            public.


          6)Authorizes the State Water Resources Control Board to adopt  
            guidelines and regulations necessary to implement the bill.


          EXISTING LAW:  


          1)Requires the California Air Resources Board to adopt GHG  
            emissions reduction measures to achieve a reduction in  
            statewide GHG emissions to the 1990 level.  

          2)Requires the California Air Resources Board to prepare and  
            approve a Scoping Plan, on or before January 1, 2009, and once  
            every five years thereafter, for achieving the maximum  
            technologically feasible and cost-effective reductions in GHG  
            emissions from sources of emissions by 2020.  



          3)Establishes the GGRF in the State Treasury;  requires all  
            funds, except for fines and penalties, collected pursuant to a  








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            market-based mechanism be deposited in the GGRF; and, requires  
            the Department of Finance, in consultation with the California  
            Air Resources Board and any other relevant state agency, to  
            develop a three-year investment plan for the GGRF. 



          4)Requires that the GGRF be used to facilitate GHG emissions  
            reductions in this state.  Requires that annual budget  
            appropriations from the GGRF be consistent with the investment  
            plan.



          5)Establishes the policy of the state and the intent of the  
            Legislature to promote all feasible means of energy and water  
            conservation and all feasible uses of alternative energy and  
            water supply sources.

          6)Finds and declares that waste or unreasonable use of water  
            imposes unnecessary and wasteful consumption of energy to  
            deliver or furnish the water, and it is necessary, therefore,  
            to determine the quantities of water in use throughout the  
            state to the maximum extent that it is reasonable to do so in  
            order to reduce energy consumption.



          FISCAL EFFECT:  Unknow, but the bill appropriates $200 million  
          annually and continuously out of GGRF money.


          COMMENTS:  Implements a grant and low interest loan program to  
          reduce water-related GHG emissions.  


          1)Author's statement: California's AB 32 cap-and-trade program  
            is important in the state's effort to reduce overall GHG  
            emissions.  Water and energy resources are connected.  The  








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            pumping and movement of water accounts for 20 percent of the  
            total electricity usage and 30 percent of non-power related  
            natural gas consumed in the state.  Since the production of  
            energy results in GHG emissions there is an opportunity for  
            the state to kill two birds with one stone through projects  
            that conserve water and at the same time reduce GHG. 


          2)Background: 


            Water and energy use.  According to the State Energy Resources  
            and Conservation and Development Commission, water-related  
            energy use in California consumes approximately 20% of the  
            state's electricity and 30% of the state's non-power plant  
            natural gas (natural gas not used to produce electricity).   
            The water sector uses electricity to pump, treat, transport,  
            deliver, and heat water.  The State Energy Resources and  
            Conservation and Development Commission also found that the  
            most energy-intensive uses of water in California are  
            associated with end uses by the customer (e.g., heating,  
            processing, and pressurizing water), and 75% of the  
            electricity and nearly all of the natural gas use related to  
            water in California is associated with water heating.   
            Additionally, expected increases in groundwater pumping, water  
            treatment, and water recycling due to drought conditions in  
            the state, mean the energy intensity of water will likely  
            increase.


            Executive Order.  Executive Order B-29-15 of April 2015,  
            directed state agencies to perform various actions regarding  
            saving water to respond to severe drought conditions in the  
            state, including directing the State Energy Resources and  
            Conservation and Development Commission, jointly with  
            Department of Water Resources, to implement a Water Energy  
            Technology program to deploy innovative water management  
            technologies that achieve water and energy savings and GHG  
            emissions reductions.  The Executive Order also directed the  








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            State Energy Resources and Conservation and Development  
            Commission, jointly with Department of Water Resources, to  
            implement a limited statewide appliance rebate program for  
            inefficient appliances. 


            Funding for water and GHG emissions.  Emergency drought relief  
            legislation, SB 103 (Budget Committee, Chapter 2, Statutes of  
            2014) appropriated $10 million to the California Department of  
            Food and Agriculture for water and energy efficiency projects  
            in the agricultural sector, and $30 million to the Department  
            of Water Resources to implement a grant program to support  
            local water-use efficiency projects and energy efficiency  
            projects at State Water Project facilities. 



            The 2014-15 Budget agreement specifies how the state will  
            allocate most cap-and-trade auction revenues in 2015-16 and  
            beyond.  For all future revenues, the legislation appropriates  
            25% for the state's high-speed rail project, 20% for  
            affordable housing and sustainable communities grants, 10% to  
            intercity capital rail projects, and 5% for low-carbon transit  
            operations.  The remaining 40% is available for annual  
            appropriation by the Legislature.

            Of that 40% available for annual appropriation, the Governor's  
            proposed 2016-17 cap-and-trade expenditures would appropriate  
            $30 million to the Department of Water Resources and the  
            California Department of Food and Agriculture for water and  
            energy efficiency projects, $60 million to the State Energy  
            Resources and Conservation and Development Commission and the  
            Department of Water Resources for rebates to replace  
            inefficient appliances, and the Water and Energy Technology  
            Program, as described in the Executive Order.  
            Drought funding.  In response to California's ongoing drought,  
            AB 91 (Budget Committee), Chapter 1, Statutes of 2015  
            allocated just over $1 billion for drought-related activities.  
             Among other things, the bill: 








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             a)   Accelerates a $131.7 million appropriation to the State  
               Water Resources Control Board to fund water recycling  
               projects, including feasibility studies, demonstration  
               projects, and larger scale water recycling projects.  


             b)   Accelerates a $20 million appropriation from the GGRF to  
               the Department of Water Resources for state and local water  
               use efficiency programs that reduce GHG emissions.  


             c)   Appropriates $10 million from the GGRF to the California  
               Department of Food and Agriculture for agricultural water  
               efficiency projects that reduce GHG emissions.


            Suggested Committee Amendments:  Assembly policy committees  
            have not made it a practice to move bills through policy  
            committee that make single purpose GGRF appropriations.  


            The committee may wish to remove the continuous and annual  
            $200 million appropriation that is currently in the bill.   


          3)Prior and Related Legislation:


             a)   AB 32 (Núñez, Pavely) Chapter 488, Statues of 2006,  
               establishes the requirement to reduce GHG emissions and put  
               in place the mechanism to achieve that requirement


             b)   SB 471 (Pavely) 2015, held in Assembly Appropriations  
               was very similar to this bill, but did make a GGRF  
               appropriation.









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             c)   SB 551 (Wolk) 2015, held in Assembly Appropriations  
               would have established a state policy recognizing and  
               addressing the nexus between water and energy.





          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on File




          Opposition


          None on File




          Analysis Prepared by:Ryan Ojakian / W., P., & W. / (916)  
          319-2096















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