BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2422
                                                                  Page  1

          Date of Hearing:   May 9, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 2422 (Berryhill) - As Amended:  March 29, 2012 

          Policy Committee:                              Water, Parks and 
          Wildlife     Vote:                            7-3

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the Department of Water Resources (DWR) to 
          complete an expedited evaluation and feasibility study of the 
          Western Delta Intakes Concept (WDIC) - a large scalable intake 
          facility on the publicly owned land of Sherman Island in the 
          Western Delta to allow in-Delta water storage.  The bill 
          appropriates $750,000 in Safe Drinking Water, Water Quality and 
          Supply, Flood Control, River and Coastal Protection Bond Act of 
          2006 (Proposition 84) bond funding for DWR to undertake the 
          study.  

          The bill further requires DWR to submit the report to the 
          Legislature by January 1, 2014, and, if the department finds the 
          project feasible, to recommend specific facilities to be 
          constructed and potential funding sources. 

           FISCAL EFFECT  

          1)One-time appropriation of $750,000 to DWR to complete the 
            expedited evaluation and feasibility study (Proposition 84 
            bond funds).

          2)Potential cost pressure of an unknown amount, but potentially 
            in the millions of dollars, to fund specific projects, should 
            DWR find the WDIC project feasible.

           COMMENTS  

           1)Rationale.   The author contends it appropriate to consider the 
            feasibility of WDIC in order assess its potential to improve 
            fish health, water quality and the manner in which water is 








                                                                  AB 2422
                                                                  Page  2

            moved through the Delta, and appropriate to do so using bond 
            monies designate for that general purpose. 

           2)Background.   SBX7 1 (Chapter 5, Statutes of 2009, Simitian) 
            codified the coequal goals of providing a more reliable water 
            supply for California while protecting, restoring, and 
            enhancing the Delta ecosystem. SBX7 1 calls for the Delta 
            Stewardship Council, created by SBX7 1, to adopt a "Delta 
            Plan," a comprehensive, long-term management plan for the 
            Delta. 

            SBX7 1  also called for the council to consider a plan for 
            Delta water conveyance developed by the Bay Delta Conservation 
            Plan (BDCP)-a stakeholder-driven process to develop a 
            conservation plan upon which an official state Delta plan 
            could be built. SBX7 1 specifies the council is to adopt the 
            BDCP only if BDCP has considered, among other things, "a 
            reasonable range of Delta conveyance alternatives, including 
            through-Delta, dual conveyance, and isolated conveyance 
            alternatives and including further capacity and design options 
            of a lined canal, an unlined canal, and pipelines. As noted in 
            the policy analysis, SBX7 1 did not specify that the 
            statutorily-mandated BDCP options were the maximum number of 
            storage and conveyance investigations that should occur in the 
            Delta or that should receive consideration and analysis.

            Proposition 84 of 2006 makes $65 million available to DWR for 
            planning and feasibility studies related to the existing and 
            potential future needs for California's water supply, 
            conveyance and flood control systems.

           3)Support.   This bill is supported by Food and Water Watch, a 
            group that advocates to ensure food is safe, accessible and 
            sustainably produced.  

          4)Opposition.   This bill is opposed by a long list of water 
            import agencies, who contend the BDCP process is considering 
            multiple alternative methods of conveying water through the 
            Delta and that adding yet another project for consideration 
            will divert attention and resources.

           Analysis Prepared by :    Jay Dickenson / APPR. / (916) 319-2081 











                                                                  AB 2422
                                                                  Page  3