BILL NUMBER: AB 2501 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 18, 2008
AMENDED IN ASSEMBLY APRIL 17, 2008
INTRODUCED BY Assembly Member Wolk
(Coauthor: Assembly Member DeSaulnier)
FEBRUARY 21, 2008
An act to add Part 1.6 (commencing with Section 10100) to
Division 6 of, and to add Division 33 (commencing with Section
83000) to, the An act to add Division 33 (commencing
with Section 83001) to the Water Code, relating to water, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2501, as amended, Wolk. Climate change and water
Water resources.
(1) Under existing law, various state and local agencies engage in
water resource planning.
This bill would enact the Climate Change and Water Resource
Protection Act of 2008. The bill would require the Department of
Water Resources, as part of its statewide water resource management
responsibilities, to include an analysis of the potential effects of
climate change, to the extent applicable, in reports or plans
relating to water management or planning that the department is
required to prepare. The bill would prohibit the department from
approving a request for a specified grant, submitted after January 1,
2011, unless certain requirements are met. The department would be
required, by July 1, 2009, to identify available peer-reviewed
information, or the best available scientific information, regarding
climate change and water resources for the state and each of the
state's hydrologic regions for specified uses. The bill would require
an urban water supplier or an agricultural water supplier that is
required to prepare a water management plan to take certain action
relating to specified climate change information, as provided.
The bill would require the department, in collaboration with other
state agencies, to prepare a report that quantifies the energy
savings and greenhouse gas emission reductions associated with water
supply development. The department would be required to submit the
report to the Governor and the Legislature, and to make it available
to the public, on or before January 1, 2010. The bill would require
the state board and each California regional water quality board to
consider specified matters relating to climate change for the purpose
of reviewing applicable water quality standards in accordance with
the federal Clean Water Act.
(2) Under
Under existing law, various bond acts have been
approved by the voters to provide funds for water projects,
facilities, and programs. The Disaster Preparedness and Flood
Prevention Bond Act of 2006, a bond act approved by the voters at the
November 7, 2006, statewide general election, authorizes the
issuance of bonds in the amount of $4,090,000,000 for the purposes of
financing disaster preparedness and flood prevention projects. The
Safe Drinking Water, Water Quality and Supply, Flood Control, River
and Coastal Protection Bond Act of 2006, an initiative bond act
approved by the voters at the November 7, 2006, statewide general
election, authorizes the issuance of bonds in the amount of
$5,388,000,000 for the purposes of financing a safe drinking water,
water quality and supply, flood control, and resource protection
program. The Water Security, Clean Drinking Water, Coastal and Beach
Protection Act of 2002, approved by the voters at the November 5,
2002, statewide general election, authorizes, for the purposes of
financing a safe drinking water, water quality, and water reliability
program, the issuance of bonds in the amount of $3,440,000,000.
This bill, with regard to those bond funds, would appropriate
$610,160,000 $294,760,000 as follows: of
the funds made available pursuant to the Disaster Preparedness and
Flood Prevention Bond Act of 2006, $54,000,000 to the Department of
Water Resources for essential emergency preparedness supplies and
projects , and $150,000,000 to the department for stormwater
flood management project grants ; of the funds made
available pursuant to the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of 2006,
$50,000,000 to the State Department of Public Health for
grants for small community drinking water system infrastructure
improvements and related actions, $50,400,000 to the State Department
of Public Health for grants for projects to prevent or reduce the
contamination of groundwater that serves as a source of drinking
water, $40,000,000 to the department for planning grants
and local groundwater assistance grants, $55,000,000 to the
department for drinking water intake facility projects,
$60,000,000 to the department to increase the department's ability to
respond to levee breaches and to reduce the potential for levee
failure, $100,000,000 to the department for the acquisition,
preservation, protection, and restoration of Sacramento-San Joaquin
Delta resources, $12,000,000 to the department to complete planning
and feasibility studies associated with new surface storage under the
California Bay-Delta Program, $15,000,000 to the department for
planning and feasibility studies to identify potential options for
the reoperation of the state's flood protection and water supply
systems, $10,000,000 to the department for response to
climate change, and $10,000,000 to the department for
planning and feasibility studies to implement the Delta Vision; and
of the funds made available under the Water Security, Clean Drinking
Water, Coastal and Beach Protection Act of 2002, $3,760,000 to the
department for planning and feasibility studies associated with
surface storage under the California Bay-Delta Program.
The bill would provide that up to 5% of the funds appropriated by
the bill may be expended to pay for the administrative costs of that
program. The bill would provide that funds appropriated by the bill
are available for encumbrance until June 30, 2010. On January 10,
2009, program recipients would be required to report to the fiscal
committees of the Legislature with regard to the committed and
anticipated expenditures of these funds.
(3) Under the Porter-Cologne Water Quality Control Act, the State
Water Resources Control Board and the California regional water
quality control boards are the principal state agencies with
authority over matters relating to water quality.
This bill would require the state board, in consultation with
other agencies, to develop pilot projects in the Tulare Lake Basin
and the Salinas Valley focused on nitrate contamination. The bill
would require the state board to create an interagency task force, as
needed, to oversee the pilot projects, and to submit a report to the
Legislature on the scope and findings of the projects within 2 years
of receiving funding. The state board would be required to implement
recommendations for developing a groundwater cleanup program for the
Central Valley Water Quality Control Region and the Central Coast
Water Quality Control Region based upon pilot project results within
2 years of submitting the report to the Legislature.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Division 33 (commencing with Section
83001) is added to the Water Code , to read:
DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION
PLANNING, DESIGN, AND IMPLEMENTATION
83001. The sum of two hundred ninety-four million, seven hundred
sixty thousand dollars ($294,760,000) is hereby appropriated as
follows:
(a) Of the funds made available pursuant to Chapter 1.699
(commencing with Section 5096.800) of Division 5 of the Public
Resources Code, pursuant to subdivision (c) of Section 5096.821 of
the Public Resources Code, the sum of fifty-four million dollars
($54,000,000) is hereby appropriated to the department for the
acquisition, design, and construction of essential emergency
preparedness supplies and projects in accordance with that
subdivision. Prior to the design or construction of any project
funded pursuant to this subdivision, the California Bay-Delta
Authority, or its successor, shall approve the specific project or
program.
(b) Of the funds made available pursuant to Division 43
(commencing with Section 75001) of the Public Resources Code, the sum
of two hundred thirty-seven million dollars ($237,000,000) is hereby
appropriated as follows:
(1) Pursuant to Section 75026 of the Public Resources Code, the
sum of forty million dollars ($40,000,000) to the department for
planning grants and local groundwater assistance grants.
(2) Pursuant to Section 75033 of the Public Resources Code, the
sum of one hundred sixty million dollars ($160,000,000) to the
department and the Central Valley Flood Protection Board, as follows:
(A) Sixty million dollars ($60,000,000) to increase the department'
s ability to respond to levee breaches and to reduce the potential
for levee failure, including, but not limited to, the following:
(i) Acquisition and positioning of emergency construction
materials and equipment.
(ii) Emergency projects to prevent levee failure or repair levees
or other flood control facilities to restore conveyance and flood
protection.
(iii) Preparation for, and implementation of, a delta emergency
operations plan.
(iv) Emergency contracts for activities relating to a flood fight
or levee failure to prevent or mitigate loss of, or damage to, life,
health, property, or essential public services.
(B) One hundred million dollars ($100,000,000) for the
acquisition, preservation, protection, and restoration of
Sacramento-San Joaquin Delta resources in accordance with Section
75033. The department shall expend these funds pursuant to priorities
that reflect the value of the resources and land uses protected by
the levees to the state as a whole, consistent with the Delta Vision.
Projects shall be selected to improve the stability of the delta
levee system, reduce subsidence, and assist in restoring the
ecosystem of the delta. Priority shall be given to projects that
improve conditions for delta smelt and other native fish without
regard to long-term decisions as to the management and conveyance of
water south of the Delta, including, but not limited to, all of the
following projects:
(i) Restoration of floodplain habitat and fish migration through
the Yolo Bypass.
(ii) Restoration of tidal marsh in Suisun Marsh.
(iii) Expedited implementation of Dutch Slough tidal marsh
restoration project.
(iv) Acquisition and restoration of Decker Island.
(v) Restoration and enhancement of the Cache Slough region.
(vi) Implementation of the McCormack Williamson Tract flood
control and ecosystem restoration project.
(3) Pursuant to Chapter 4 (commencing with Section 75041) of
Division 43 of the Public Resources Code, the sum of thirty-seven
million dollars ($37,000,000) to the department as follows:
(A) (i) Twelve million dollars ($12,000,000) to complete the
planning and feasibility studies associated with new surface storage
under the California Bay-Delta Program.
(ii) The planning and feasibility studies shall include the
following information:
(I) The identification of specific construction and operation
conditions proposed for each surface storage facility, including
consideration of climate change, an estimated schedule for the
construction and completion of each project funded under Section
75041, and the total costs of constructing each project.
(II) A description of the estimated total costs to construct each
project and an allocation of the costs to public and private
beneficiaries.
(iii) Any feasibility study conducted or funded by the state for
new surface storage under the California Bay-Delta Program shall
evaluate funded projects consistent with all statutory and other
legally established requirements for the protection of environmental
and natural resources, including protections for the McCloud River
pursuant to Section 5093.542 of the Public Resources Code.
(iv) The planning and feasibility studies shall be prepared and
submitted to the Governor and the Legislature no later than June 30,
2010.
(B) (i) Fifteen million dollars ($15,000,000) for planning and
feasibility studies to identify potential options for the reoperation
of the state's flood protection and water supply systems that will
optimize the use of existing facilities and groundwater storage
capacity.
(ii) The studies shall incorporate appropriate climate change
scenarios and be designed to determine the potential to achieve the
following objectives:
(I) Integration of flood protection and water supply systems to
increase water supply reliability and flood protection, improve water
quality, and provide for ecosystem protection and restoration.
(II) Reoperation of existing reservoirs, flood facilities, and
other water facilities in conjunction with groundwater storage to
improve water supply reliability, flood control, and ecosystem
protection and to reduce groundwater overdraft.
(III) Promotion of more effective groundwater management and
protection and greater integration of groundwater and surface water
resource uses.
(IV) Improvement of existing water conveyance systems to increase
water supply reliability, improve water quality, expand flood
protection, and protect and restore ecosystems.
(C) Ten million dollars ($10,000,000) for planning and feasibility
studies to implement the Delta Vision.
(c) Of the funds made available pursuant to subdivision (a) of
Section 79550, the sum of three million seven hundred sixty thousand
dollars ($3,760,000) is hereby appropriated to the department for
planning and feasibility studies associated with surface storage
under the California Bay-Delta Program.
83002. Up to 5 percent of the funds appropriated by this division
may be expended to pay the administrative costs incurred in the
implementation of that program.
83003. Funds appropriated by this division shall only be
available for encumbrance until June 30, 2010. On January 10, 2009,
any program that is the recipient of an appropriation made by this
division shall report to the fiscal committees of the Legislature on
the details of all committed and anticipated expenditures of these
funds. The report shall include all of the following information:
(a) Fiscal detail of state operations support and local assistance
costs.
(b) A general description of the project and the project funding
made available by an appropriation in the annual Budget Act for the
2009-10 fiscal year or proposed to be made available in the annual
Budget Act for the 2009-10 fiscal year.
(c) A description of the manner in which funds have been expended
and a plan for the future expenditure of funds.
(d) An anticipated timeframe for the full expenditure of the
appropriation.
(e) An anticipated timeframe for the full completion of the
designated project.
(f) The amount of total matching project funding that is being
provided by an entity other than the state. All matter omitted
in this version of the bill appears in the bill as amended in
Assembly, April 17, 2008 (JR11)