BILL ANALYSIS Ó SENATE COMMITTEE ON NATURAL RESOURCES AND WATER Senator Fran Pavley, Chair 2015 - 2016 Regular Bill No: SB 758 Hearing Date: April 28, 2015 ----------------------------------------------------------------- |Author: |Block | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |April 21, 2015 Amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Dennis O'Connor | | | | ----------------------------------------------------------------- Subject: Atmospheric Rivers Research and Mitigation Program. BACKGROUND AND EXISTING LAW The Natural Resources Agency's (NRA's) mission is to "restore, protect and manage the state's natural, historical and cultural resources for current and future generations using creative approaches and solutions based on science, collaboration and respect for all the communities and interests involved." It does this largely through the 7 departments, 2 museums, 17 boards and commissions, and 9 conservancies organized under it. One of the departments under the NRA is the Department of Water Resources (DWR). DWR's mission is "to manage the water resources of California in cooperation with other agencies, to benefit the State's people, and to protect, restore, and enhance the natural and human environments." Among the various divisions and offices with DWR is the Hydrology and Flood Operations Office. That office is responsible for directing the DWR's flood and water supply forecasting operations, hydrology and climatology studies, emergency flood operations, and flood control project inspections and encroachment permitting. The Office also includes the California State Climatologist. PROPOSED LAW This bill would establish within the NRA the Atmospheric Rivers Research and Mitigation Program (program). Under the program, the NRA would be required to research the causes and effects of atmospheric rivers, and take all actions within its existing SB 758 (Block) Page 2 of ? authority to capture water generated by atmospheric rivers in order to increase the water supply and reliability of water resources in the state and to operate reservoirs in a manner that improves flood protection in the state. The bill would also create the Atmospheric Rivers Research and Mitigation Fund for the deposit of moneys to be expended by the NRA for the program. ARGUMENTS IN SUPPORT According to the author, "California has the most variable precipitation annually of any location in the U.S., ranging from severe drought to major floods. Research has shown that this variability is largely due to a weather condition known as "atmospheric rivers" (AR). AR are responsible for 30-50% of California's precipitation and water supply in just a handful of days each year. Pineapple Express Storms are a common example of AR." "Better forecasting of ARs (from hours, to days, weeks and seasons) has the potential to enable new levels of both water supply and flood protection through the use of "Forecast-Informed Reservoir Operations" (FIRO). A pilot project to test the feasibility of FIRO is being planned by an expert committee on a vital reservoir on the Russian River, Lake Mendocino. It is led by researchers at the Center for Western Weather and Water Extremes at the University of California San Diego and the Sonoma County Water Agency. This pilot project has the potential to predict AR patterns to make intelligent water management decisions in order to both collect additional water supply and protect against floods. Seasonal AR outlooks are another promising direction that could help water managers and emergency preparedness officials anticipate and prepare for drought and/or flood. Developing such outlooks is on the cutting edge of science today and SB 758 ensures the state develops a program to study AR." ARGUMENTS IN OPPOSITION: None received COMMENTS Current Operation Of Flood Control Dams. When dams are built for flood control, a flood operations curve is developed to govern flood operations throughout the year. Also known as "rule curves," these curves define how full a reservoir can be for SB 758 (Block) Page 3 of ? each day of the year, versus how much space must be reserved for potential flood flows. Rule curves are determined based on an analysis of historic weather and runoff patterns and the potential economic loss due to flooding. Because most of California's dams were built in the mid-1900s, the historical record used to create rule curves includes only the first half of the 20th century. While our knowledge of and ability to forecast weather has improved, and land use patterns have changed significantly since the initial rule curves were calculated, the rule curves have not typically been updated. Indeed, one common complaint about rule curves is that they do not take into consideration weather forecasts. Why The Natural Resources Agency Instead Of DWR? It is not clear why the program should be housed in the NRA instead of DWR. As noted in the background, DWR is home for the Hydrology and Flood Operations Office, which is responsible for directing the DWR's flood and water supply forecasting operations, hydrology and climatology studies. The program proposed by this bill would seem like a natural fit within that office. (See suggested amendment) What Type Of Program Is Envisioned? The language of the bill is rather broad in its direction. It is not clear from the language whether the program would be some sort of research grant program, a staff driven research program, or something else. The supporting materials provided by the bill's proponents suggest something else - an autonomous program ostensibly run by or through University of California San Diego/Scripps Institution of Oceanography. Specifically, they are proposing a Lake Mendocino FIRO study, which would include identifying, assessing and enhancing the best science available to improve operations to maximize food control, water supply and ecosystem benefits. (Lake Mendocino is located on the East Fork of the Russian River in Mendocino County. The reservoir provides both flood control on the Russian River and water supply to Sonoma County Water Agency.) Carve-Out For Scripps? The Scripps Institute includes many of SB 758 (Block) Page 4 of ? the top researchers in atmospheric science. But, they are far from the only California based institution investigating the climate in general or AR specifically. Such institutions include a number of the UCs, such as UC Irvine, UCLA, and UC Berkeley, as well as private institutions such as Stanford, CalTech, and JPL. If this is to be a state program, perhaps a more open directed research program would be more appropriate. Where Is The Funding Coming From? The bill creates the Atmospheric Rivers Research and Mitigation Fund to fund the program. The appropriations committee will likely explore the potential sources for funding the program as well as the amount of funds requested. SUGGESTED AMENDMENT Move the program to DWR, amend the current language into the Water Code as a new article within Chapter 2.5 Miscellaneous Powers of the Department (WC §§200 et seq.) to be titled Article 8. Atmospheric Rivers Research and Mitigation, and make other conforming changes. SUPPORT Bay Area Flood Protection Agencies Association Orange County Water District Sonoma County Water Agency OPPOSITION None Received -- END --