BILL ANALYSIS
AB 2501
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Date of Hearing: April 1, 2008
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Lois Wolk, Chair
AB 2501 (Wolk) - As Introduced: February 21, 2008
SUBJECT : Water: climate change and bond funding appropriations
SUMMARY : Enacts the Climate Change and Water Resource
Protection Act of 2008 and makes appropriations of existing bond
funding for high-priority water projects. Specifically, this
bill :
1)Requires the Department of Water Resources (DWR) to include
climate change analysis, to the extent applicable, in all its
water management reports and plans, including the State Water
Project (SWP) delivery capability report California Water
Plan, and reports related to the Sacramento-San Joaquin Delta
(Delta).
2)Requires DWR to identify and make available, by July 2009,
peer-reviewed information or best available scientific
information about climate change and water resources in the
state.
3)Prohibits DWR from approving, after January 1, 2011,
integrated regional water management grants for plans that do
not include climate change analysis, unless climate change
information is not available or does not apply to a particular
planning area.
4)Requires DWR, in collaboration with other state agencies, to
prepare a report by January 2009 quantifying the energy
savings and greenhouse gas emission reductions associated with
water supply development alternatives, including recycled
water.
5)Requires the State Water Resources Control Board (SWRCB) and
all regional water quality control boards to consider
reasonably foreseeable effects of climate change in basin
water quality plans triennial reviews required by the federal
Clean Water Act.
6)Requires urban water suppliers, starting in July 2009, and
agricultural water suppliers, starting in January 2010, to
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request climate change information from DWR and consider that
information in preparing urban or agricultural water
management plans, unless climate change information is
unavailable or inapplicable.
7)Appropriates $600,890,000 of bond funds as follows:
a) From Proposition 1E (2006 flood bond measure):
i) $50 million to DWR for emergency preparedness in the
Delta.
ii) $150 million to DWR for stormwater flood management
projects.
b) From Proposition 84 (2006):
i) $50 million to the State Department of Public Health
(DPH) for small community safe drinking water
infrastructure.
ii) $50,400,000 to DPH for projects to prevent or reduce
groundwater contamination of drinking water supplies
(including $2 million for pilot projects in Salinas and
Tulare).
iii) $40 million to DWR for planning and local
groundwater assistance.
iv) $50 million to DWR for improving drinking water from
the Delta.
v) $60 million to DWR and the Central Valley Flood
Protection Board (CVFPB) for emergency preparedness
relating to levees throughout the Central Valley.
vi) $100 million to DWR/CVFPB for the protection of
Delta resources, consistent with the Delta Vision,
including but not limited to certain identified projects.
vii) $12 million to DWR for planning and feasibility
studies for new surface storage under the California
Bay-Delta Program.
viii) $15 million to DWR for studies on use of the state's
existing flood protection and water supply systems.
Studies must include climate change information.
ix) $10 million to DWR for climate change planning
(including $2 million for SWRCB).
x) $10 million to DWR for studies to implement the
Delta Vision.
c) From Proposition 13 (2000): $3,490,000 to DWR for
surface storage studies under the California Bay-Delta
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Program.
8)Requires SWRCB, with specified agencies, to develop pilot
projects in Tulare Lake Basin and Salinas Valley to improve
understanding of groundwater contamination issues.
9)Gives a deadline of June 30, 2010 for encumbrance of the
appropriated funds.
10)Requires programs receiving these funds to report to the
Legislature about committed and anticipated expenditures by
January 10, 2009.
11)Makes legislative findings regarding climate change and water
resources.
EXISTING LAW : Authorizes and/or directs DWR and local water
agencies to prepare water planning documents. The California
Global Warming Solutions Act of 2006 (AB 32) requires all state
agencies to consider and implement strategies to reduce
greenhouse gas emissions.
FISCAL EFFECT : Appropriates $600,890,000 in currently
authorized bond funds.
COMMENTS : This bill reflects two different - but complementary
- efforts to address urgent water issues facing California. The
first incorporates climate change into existing water planning
efforts by state and local agencies, as well as requires a study
of greenhouse gas emissions from water supply development
alternatives. The second appropriates currently authorized bond
funds to address some of the most urgent water resource
challenges, particularly in the Delta.
Climate Change. Water managers increasingly have recognized
climate change as a major threat to western water supply
reliability and, conversely, that water use is a significant
contributor of greenhouse gas emissions that lead to climate
change. Reports on the current prolonged drought in the Colorado
River Basin, for example, connect the drought to climate change.
A 2005 California Energy Commission report, which was presented
to the Committee at a February 2007 informational hearing, found
that conveyance and use of water reflects 19% of California
electricity usage. The state's large urban water agencies have
begun investing substantial funding in climate change resource,
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focused primarily on adaptation.
Resolving Uncertainty: State-Identified Information. The
climate change part of this bill reflects the language in the
author's previous bill (AB 224), which remains in Senate
Appropriations Committee. After some water agencies noted that
they were not sure which climate change information was
reliable, the bill was amended to require DWR to identify which
information should be used, and then specified that use of
DWR-specified information was sufficient. Alternatively, a
water supplier may use other information in its possession. If
DWR does not identify such information, then local water
suppliers are exempt from these requirements. The author
asserts that State specification of information resolves any
questions of uncertainty as to which information should be used.
Study of Greenhouse Gas Effects of Water Supply Development.
The bill also provides for state agencies to examine the other
side of the climate change issue - mitigation of climate change
impacts from water use. Under DWR leadership, state agencies
will assess the greenhouse gas effects and reductions arising
out of water supply development alternatives, including water
recycling and conservation. In recent months, state agencies
have increased their activities related to climate change and
water resources, establishing the "WETCAT" - the water and
energy sub-team of the climate action team, co-chaired by SWRCB
Member Frances Spivy-Weber and DWR Deputy Director Mark Cowin.
Existing Bond Appropriations. The other major element of AB
2501 appropriates existing bond funds to address various water
issues, which the author believes are some of the top priorities
for immediate funding. The Delta receives special attention in
these appropriations, which the author suggests is the most
important water issue facing California today. The
appropriations originate in last year's SB 1002 (Perata), which
Governor Schwarzenegger vetoed after Senator Perata's proposed
bond measure failed to pass off the Senate floor during last
fall's 2nd Extraordinary Session on water. The appropriations
in this bill reflect some changes, including removal of
provisions identified for specific projects and clearer
direction on funding for climate change/water planning - tied to
the bill's other provisions. The author concentrated these
appropriations on the Delta, including:
$100 million of Delta levee funding to protect Delta
resources, including certain "no regrets" projects that
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need to proceed before a final decision on a sustainable
Delta.
$50 million for emergency preparedness in the Delta
$50 million to improve drinking water from the Delta,
which may include movement of drinking water intakes in the
Delta
$10 million for studies to implement the Delta Vision
$15 million to complete surface water storage facility
feasibility studies under the CALFED Bay-Delta Program
Appropriation Priorities. The author has invited all those who
have concerns for the Delta and California's water resources to
comment on the current priorities for appropriating existing
bond funds. The Committee has received two letters proposing
amendments. One from Contra Costa Water District, Solano County
Water Agency and the City of Stockton would clarify use of the
$50 million for Delta drinking water quality, to ensure that the
funding is available to the three entities to which that funding
applies. The other, from East Bay MUD, proposes funding for
Delta levees to protect its Mokelumne aqueduct and for
protection of Mokelumne salmon. Others concerned about water
funding priorities may testify at the hearing. The author has
indicated her intent to meet with those interested in these
appropriation priorities, following the hearing, and will accept
Contra Costa's proposed amendments. She will consider
amendments to this bill before it is heard in the Natural
Resources Committee.
Budget Connection? While this bill's appropriations reflect
some similarities to the Governor's budget proposals, there is
no direct connection between AB 2501 and the State Budget. The
bill focuses only on the most critical priorities for
appropriating existing water bond funding and does not address
all the water issues that arise in the budget. Last year, these
appropriations were removed from the budget and placed in
Senator Perata's SB 1002. This year, the author decided to
offer a different version to reflect the priorities that she and
other members believed were most important. It will proceed
through policy committee review and, at some later point, may be
incorporated into the coming year's budget. Some have suggested
that these bond appropriations might be candidates for an
economic stimulus package in a policy bill.
REGISTERED SUPPORT / OPPOSITION :
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Support :
Contra Costa Water District (support if amended)
East Bay Municipal Utility District (support if amended)
Natural Resources Defense Council
Planning and Conservation League
Opposition :None submitted
Analysis Prepared by : Alf W. Brandt & Kakuti Lin / W., P. &
W. / (916) 319-2096