BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
229 (Pavley)
Hearing Date: 05/11/2009 Amended: 04/13/2009
Consultant: Brendan McCarthy Policy Vote: NR&W 7-3
SB 229 (Pavley)
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BILL SUMMARY: SB 229 would revive the California Water
Commission, move it out of the Department of Water Resources,
and give it substantial new authority relating to the management
of the Delta. The bill would require the implementation of a
conservation plan for the Delta, to be funded with fee revenues.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Water Commission staff costs Unknown, potentially in the
millions General /
Special
*
Implementation of Bay Delta Unknown, potentially in the
billions Special **
Conservation Plan
Implementation of interim Unknown
Special **
measures
* New special fund. Partially offset by fee revenues.
** New special fund. Fully offset by fee revenues.
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense file.
During its 2005-2006 Regular Session, the Legislature passed and
the Governor signed AB1200 (Laird), SB1574 (Kuehl), and AB1803
(Committee on Budget). Together, these bills required an
assessment of the potential impacts on water supplies of
catastrophic failures in the Delta, identification and
evaluation of options to protect water supplies and the
ecosystem of the Delta, the development of a vision for a
sustainable Delta, and a strategic plan to achieve a sustainable
Sacramento-San Joaquin Delta. Additionally, SB 1574 created a
Delta Vision Committee to develop the vision and strategic plan.
SB 229 (Pavley)
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On September 28, 2006, the Governor issued an Executive Order
that, among other things, established a Blue Ribbon Task Force
and directed it to develop a vision for the sustainable
management of the Delta.
In October 2008, the Blue Ribbon Task Force published its Delta
Vision Strategic Plan. According to the plan, in order to
achieve a healthy Delta and a more reliable water system for
Californians, policy makers must:
Legally acknowledge the co-equal goals of restoring the Delta
ecosystem and creating a more reliable water supply for
California.
Recognize and enhance the unique cultural, recreational, and
agricultural values of the California Delta as an evolving
place, an action critical to achieving the co-equal goals.
Restore the Delta ecosystem as the heart of a healthy estuary.
Promote statewide water conservation, efficiency, and
sustainable use.
Build facilities to improve the existing water conveyance
system and expand statewide storage, and operate both to
achieve the co-equal goals.
Reduce risks to people, property, and state interests in the
Delta by effective emergency preparedness, appropriate land
uses, and strategic levee investments.
Establish a new governance structure with the authority,
responsibility, accountability, science support, and secure
funding to achieve these goals.
The report of the Blue Ribbon Task force can be considered a
starting point for several bills under consideration by this
committee relating to the Delta.
SB 229 revives the California Water Commission (currently
inactive) and moves it out of the Department of Water Resources.
Under the bill, the Water Commission would continue to approve
Department of Water Resources regulations. The Water Commission
would also recommend an individual to serve as a watermaster for
the Delta.
In addition, the bill would grant the Water Commission
substantial new authority relating to the management of the
Delta. Specifically, the bill would grant authority to implement
a Bay-Delta Conservation Plan and interim measures to protect
the Delta. Currently, a conservation plan is being developed by
SB 229 (Pavley)
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the Department of Water Resources, the Department of Fish and
Game, federal agencies, water exporters, and other interested
parties. It is not clear from the bill whether the plan
currently under development will be adopted and implemented by
the Water Commission or whether the Water Commission would be
free to develop and adopt its own version of a conservation
plan. The full cost to implement a Bay-Delta Conservation Plan
is unknown. However, in the planning process currently underway,
estimates of the construction and operation costs for the
alternatives under consideration range from $500 million to
almost $9 billion. Under the bill, costs to implement the
conservation plan would be born by those who divert water from
the Delta and others who would be granted regulatory protection
under the conservation plan, pursuant to the Natural Communities
Conservation Planning Act.
In addition to the implementation of the long-term Bay-Delta
Conservation Plan, the bill requires the Water Commission to
implement interim measures. The scope of the interim measures is
unknown, but the bill directs that they address issues relating
to transportation, utilities, recreation, water supply, and
flood control. Interim measures would also be paid for with user
fees.
Staff notes that this bill is one of several bills relating to
the Delta that will be before this committee, including SB 12
(Simitian), SB 229 (Pavley), and SB 457 (Wolk).