Amended in Senate June 2, 2015

Amended in Senate May 5, 2015

Amended in Senate April 13, 2015

Amended in Senate April 6, 2015

Senate BillNo. 471


Introduced by Senator Pavley

February 26, 2015


An act to amend Section 39712begin delete of, and to add Chapter 10 (commencing with Section 39950) to Part 2 of Division 26 of,end deletebegin insert ofend insert the Health and Safety Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

SB 471, as amended, Pavley. Water, energy, and reduction of greenhouse gas emissions: planning.

begin delete

Existing law

end delete

begin insertThe California Global Warming Solutions Act of 2006end insert designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, commonly known as cap and trade revenues, to be deposited in the Greenhouse Gas Reduction Fund, and to be used, upon appropriation by the Legislature, for specified purposes, including the reduction of greenhouse gas emissions associated with water use and supply.

This billbegin delete would require the state board, in cooperation with various other agencies, to develop an emissions inventory of greenhouse gas emissions from the water system in the state, using best available data. The billend delete would include reduction of greenhouse gas emissions associated with water treatment among the investments that are eligible for funding from the Greenhouse Gas Reduction Fund. The bill would also make legislative findings and declarations, and a statement of legislative intent, with regard to the nexus between water and energy and water and reduction of greenhouse gas emissions.

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

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

P2    1

SECTION 1.  

(a)  The Legislature finds and declares all of the
2following:

3(1) Water and energy resources are inextricably connected. This
4relationship is known as the water-energy nexus.

5(A) The energy used to drive California’s water system,
6including, but not limited to, the fuels used to power groundwater
7pumps, transportation, treatment and disposal systems for water
8and wastewater, heating and cooling of water in buildings and
9other facilities, and the delivery of water to end users, accounts
10for nearly 20 percent of the total electricity usage, 30 percent of
11nonpower-related natural gas consumed, and an unknown quantity
12of greenhouse gas emissions associated with that energy
13production.

14(B) The water used to drive California’s energy system,
15including, but not limited to, the water used to turn turbines for
16hydropower, to produce steam and cooling systems for
17thermoelectric power, and to extract and refine oil and gas,
18represents a substantial portion of our state water demand.

19(C) Consequently, saving water saves energy, and vice versa.

20(D) Because the production of energy often results in the
21emission of greenhouse gases, there is substantial potential for
22emission reductions in the water system.

23(2) Planning for water use is often conducted without
24consideration of energy use or greenhouse gas emissions. Similarly,
25planning for energy and reduction of greenhouse gas emissions is
26often conducted without consideration of water resources. As a
27result, local and state agencies may not be identifying projects that
P3    1best serve water and energy investments to maximize greenhouse
2gas emissions reductions.

3(b) It is the intent of the Legislature, in enacting this act, to:

begin delete

4(1) Provide the best available data on the water-energy nexus
5so that it may be included in the scoping plan update prepared
6pursuant to the California Global Warming Solutions Act of 2006
7 (Division 25.5 (commencing with Section 38500) of the Health
8and Safety Code).

end delete
begin delete

9 9(2)

end delete

10begin insert(1)end insert More closely integrate the planning for water, energy, and
11greenhouse gas emissions.

begin delete

11 12(3)

end delete

13begin insert(2)end insert Enable opportunities for innovative projects and programs
14that reduce the greenhouse gas intensity of our water system in
15order to access eligible funds.

16

SEC. 2.  

Section 39712 of the Health and Safety Code is
17amended to read:

18

39712.  

(a) (1) It is the intent of the Legislature that moneys
19shall be appropriated from the fund only in a manner consistent
20with the requirements of this chapter and Article 9.7 (commencing
21with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title
222 of the Government Code.

23(2) The state shall not approve allocations for a measure or
24program using moneys appropriated from the fund except after
25determining, based on the available evidence, that the use of those
26moneys furthers the regulatory purposes of Division 25.5
27(commencing with Section 38500) and is consistent with law. If
28any expenditure of moneys from the fund for any measure or
29project is determined by a court to be inconsistent with law, the
30allocations for the remaining measures or projects shall be
31severable and shall not be affected.

32(b) Moneys shall be used to facilitate the achievement of
33reductions of greenhouse gas emissions in this state consistent
34with Division 25.5 (commencing with Section 38500) and, where
35applicable and to the extent feasible:

36(1) Maximize economic, environmental, and public health
37benefits to the state.

38(2) Foster job creation by promoting in-state greenhouse gas
39emissions reduction projects carried out by California workers and
40businesses.

P4    1(3) Complement efforts to improve air quality.

2(4) Direct investment toward the most disadvantaged
3communities and households in the state.

4(5) Provide opportunities for businesses, public agencies,
5nonprofits, and other community institutions to participate in and
6benefit from statewide efforts to reduce greenhouse gas emissions.

7(6) Lessen the impacts and effects of climate change on the
8state’s communities, economy, and environment.

9(c) Moneys appropriated from the fund may be allocated,
10consistent with subdivision (a), for the purpose of reducing
11greenhouse gas emissions in this state through investments that
12may include, but are not limited to, any of the following:

13(1) Funding to reduce greenhouse gas emissions through energy
14efficiency, clean and renewable energy generation, distributed
15renewable energy generation, transmission and storage, and other
16related actions, including, but not limited to, at public universities,
17state and local public buildings, and industrial and manufacturing
18facilities.

19(2) Funding to reduce greenhouse gas emissions through the
20development of state-of-the-art systems to move goods and freight,
21advanced technology vehicles and vehicle infrastructure, advanced
22biofuels, and low-carbon and efficient public transportation.

23(3) Funding to reduce greenhouse gas emissions associated with
24land and natural resource conservation and management, forestry,
25sustainable agriculture, and the water sector, including, but not
26limited to, water use, supply, and treatment.

27(4) Funding to reduce greenhouse gas emissions through
28strategic planning and development of sustainable infrastructure
29projects, including, but not limited to, transportation and housing.

30(5) Funding to reduce greenhouse gas emissions through
31increased in-state diversion of municipal solid waste from disposal
32through waste reduction, diversion, and reuse.

33(6) Funding to reduce greenhouse gas emissions through
34investments in programs implemented by local and regional
35agencies, local and regional collaboratives, and nonprofit
36organizations coordinating with local governments.

37(7) Funding research, development, and deployment of
38innovative technologies, measures, and practices related to
39programs and projects funded pursuant to this chapter.

begin deleteP5    1

SEC. 3.  

Chapter 10 (commencing with Section 39950) is added
2to Part 2 of Division 26 of the Health and Safety Code, to read:

3 

4Chapter  10. Emissions From The Water System
5

 

6

39950.  

The state board, in cooperation with the State Energy
7Resources Conservation and Development Commission, the Public
8Utilities Commission, the State Water Resources Control Board,
9and the Department of Water Resources, shall develop an emissions
10inventory of greenhouse gas emissions from the water system in
11the state, using best available data.

end delete


O

    95