BILL NUMBER: AB 2595 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Hall
FEBRUARY 24, 2012
An act to add Section 35616 to the Public Resources Code, relating
to water, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2595, as amended, Hall. Desalination.
The Cobey-Porter Saline Water Conversion Law authorizes the
Department of Water Resources, either independently or in cooperation
with public or private entities to conduct a program of
investigation, study, and evaluation in the field of saline water
conversion, to provide assistance to persons or entities seeking to
construct desalination facilities, and after submission of a written
report and upon appropriation from the Legislature, to finance,
construct, and operate saline water conversion facilities. Existing
law required the department, not later than July 1, 2004, to report
to the Legislature , on potential opportunities
and impediments for using seawater and brackish water desalination,
and to examine what role, if any, the state should play in furthering
the use of desalination technology. Existing law also
required the department to convene a Water Desalination Task Force,
comprised of representatives from listed agencies and interest
groups, to advise the department in carrying out these duties and in
making recommendations to the Legislature.
The California Ocean Protection Act establishes the Ocean
Protection Council in state government. Existing law requires the
Ocean Protection Council to coordinate activities of state agencies
that are related to the protection and conservation of coastal waters
and ocean ecosystems to improve the effectiveness of state efforts
to protect ocean resources within existing fiscal limitations, to
establish policies to coordinate the collection, evaluation, and
sharing of scientific data related to coastal and ocean resources
among agencies, and to identify and recommend to the Legislature
changes in law needed to achieve these goals.
This bill would require the council to report to the Legislature,
by December 31, 2013 2014 , on
opportunities for streamlining the current statewide permitting
processes for seawater desalination facilities, including an
evaluation of impediments to desalination projects relative to the
current permitting process and to recommend potential administrative
and legislative actions for streamlining
improving the permitting process while maintaining current
regulatory protections. The bill would require the council to convene
the Seawater Desalination Permit Streamlining
Improvement Task Force to review the current permitting
processes required by all state regulatory agencies for the planning,
design, construction, monitoring, and operation of seawater
desalination facilities, to identify opportunities for
streamlining improving the permitting process,
and to advise the council in making the report.
Existing law, 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 as Proposition 84 at the
November 7, 2006, statewide general election, authorizes the issuance
of general obligation bonds in the amount of $5,388,000,000, of
which $1,000,000,000 is made available to the department, upon
appropriation by the Legislature, for grants for projects that assist
local public agencies to meet the long-term water needs of the
state, including the delivery of safe drinking water and the
protection of water quality and the environment. Eligible projects
are required to implement integrated regional water management plans
that meet certain requirements.
This bill would appropriate $250,000 of these funds to the
department to pay the costs of convening the Seawater Desalination
Permit Streamlining Improvement Task
Force and preparation of the report.
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. The Legislature finds and declares all of the
following:
(a) A growing population, climate change uncertainty, and the need
to grow the state's economy while protecting and restoring our fish
and wildlife habitats make it essential that the state manage its
water resources as efficiently as possible.
(b) Diversifying regional water supply portfolios will increase
water supply reliability and advance state policies for regional
self-sufficient water supplies. In addition to stormwater capture,
water recycling, and conservation, water agencies located in coastal
areas are considering seawater desalination to help diversify their
water supply portfolios. These water agencies include seawater
desalination as potential future supplies in their most recent urban
water management plans. Seawater desalination projects are also
elements of several integrated regional water management plans.
(c) In addition to providing much needed water supply reliability
against future uncertainties, seawater desalination projects have the
potential to create new jobs in the state over the next 10 years and
generate much needed investment in local economies. Reverse osmosis
and other seawater desalination technologies were pioneered and
developed in California, and desalination technology remains an
important industrial sector in San Diego County and other regions.
(d) Proponents for seawater desalination projects must obtain
close to 30 local, state, and federal permits and related approvals.
The procedure for obtaining key state permits is not always clear,
and there can be significant redundancy in the requirements between
some of the permitting agencies. As a result, both the cost and the
timeframe for obtaining state permits has become a potential
impediment for some proposed desalination projects.
(e) As a result of Chapter 62 of the Statutes of 2003 (Senate Bill
No. 600), a Water Desalination Task Force was
convened and it delivered a report to the Legislature that included
the following recommendation: "To improve communication, cooperation,
and consistency in permitting processes, encourage review processes
for each desalination project to be coordinated among regulators and
the public."
(f) Section 12947 of the Water Code states the intent of the
Legislature that the Department of Water Resources undertake to find
economic and efficient methods of desalting saline water so that
desalted water may be made available to help meet the growing water
requirements of the state.
(g) Existing law requires the State Water Resources Control Board
to formulate and adopt a water quality control plan for ocean waters
of the state known as the California Ocean Plan. The board is
currently updating the California Ocean Plan with environmentally
protective, science-based regulations, specifically for seawater
desalination projects. These new regulations will be implemented
through existing National Pollution Discharge Elimination
System national pollutant discharge elimination system
(NPDES) permits managed by regional water quality control
boards.
SEC. 2. Section 35616 is added to the Public Resources Code, to
read:
35616. (a) (1) Not later than December 31, 2013
2014 , the Ocean Protection Council shall report
to the Legislature on opportunities for streamlining
improving the current statewide permitting
processes for seawater desalination facilities in California. The
report shall evaluate impediments to desalination projects
relative to the current permitting process and investigate
opportunities to improve the process. The report shall also recommend
potential administrative and legislative actions for
streamlining improving the permitting process
while maintaining current regulatory protections.
(2) The report submitted pursuant to this subdivision shall comply
with Section 9795 of the Government Code.
(3) This subdivision shall become inoperative on January 1, 2018,
pursuant to Section 10231.5 of the Government Code.
(b) The Ocean Protection Council shall convene a task force, to be
known as the Seawater Desalination Permit Streamlining
Improvement Task Force, to review the current
permitting processes required by all state regulatory agencies for
the planning, design, construction, monitoring, and operation of
seawater desalination facilities, to identify opportunities for
streamlining improving the permitting
process, and to advise the Ocean Protection Council in implementation
of subdivision (a), including making recommendations to the
Legislature on the following:
(1) Establishing a clear pathway for obtaining state
permits permit process .
(2) Defining the regulatory scope for each permitting agency.
(3) Eliminating redundant requirements between California
permitting agencies.
(4) Describing the data needed to complete each permit.
(5) Developing best practices for communication among regulatory
agencies and the regulated community.
(6) Ensuring that any recommended changes maintain the
do not negatively affect current regulatory
protections or the independent review of an independent agency
.
(c) (1) The recommendations developed by the Seawater Desalination
Permit Streamlining Improvement Task
Force shall focus on how state regulations are applied by permitting
agencies and commissions during the permitting process.
(2) The recommended actions should review the scope for each
permitting agency and commission, while maintaining current
regulatory protections without negatively affecting
current regulatory protections or the independent review of an
independent agency .
(3) The recommended actions shall accommodate any new
regulations policies developed by the State
Water Resources Control Board for the California Ocean Plan ,
the Department of Water Resources for the 2013 California Water Plan,
and any other relevant agency .
(4) The recommended actions should be made in consideration of the
2004 Seawater Desalination and the California Coastal Act report
prepared by the California Coastal Commission, the 2003 report
prepared by the California Water Desalination Task Force pursuant to
Chapter 957 of the Statutes of 2002, and the 2008 California
Desalination Planning Handbook prepared by the Center for
Collaborative Policy at California State University, Sacramento.
(5) The recommendations shall discuss how the desalination should
fit in as an element of a balanced state water portfolio that
includes conservation and water recycling to the maximum extent
possible.
(d) (1) The In addition to the
Ocean Protection Council, the Seawater Desalination Permit
Streamlining Improvement Task Force
shall include one representative from each of the following state
entities:
(A) Department of Water Resources.
(B) State Water Resources Control Board.
(C) California Coastal Commission.
(D) State Lands Commission.
(E) State Department of Public Health.
(F) State Energy Resources Conservation and Development
Commission.
(G) California Environmental Protection Agency.
(H) Natural Resources Agency.
(I) Department of Parks and Recreation.
(2) The Seawater Desalination Permit Streamlining
Improvement Task Force shall include one
representative from each of the following, as determined by the Ocean
Protection Council:
(A) Commission for Economic Development.
(B) A coastal regional water quality control board in which is
located at least one proposed seawater desalination facility.
(B) State Energy Resources Conservation and Development
Commission.
(C) A recognized environmental advocacy group.
(D) Two separate and broadly recognized environmental advocacy
groups that focus on coastal protection.
(E) A water purveyor, as defined in Section 512 of the Water Code,
that is a public entity, as defined in Section 514 of the Water
Code, that is developing or proposing to develop a seawater
desalination facility.
(F) An entity that supplies water at wholesale to urban water
suppliers, as defined in Section 10617 of the Water Code.
(G) A nonprofit association created to further the use of seawater
desalination that includes both private and public members.
(H) A recognized environmental justice advocacy group.
(I) A recognized business advocacy group.
(J) A recognized organization representing public union members.
(K) A recognized organization representing private union members.
(L) California Environmental Protection Agency.
(M) Natural Resources Agency.
(N) Department of Parks and Recreation.
(O) Department of Fish and Game.
(3) The Seawater Desalination Permit Improvement Task Force shall
include one representative from each coastal regional water quality
control board provided that representatives are available to
participate.
(3)
(4) A member of the Seawater Desalination Permit
Streamlining Improvement Task Force may
appoint an alternate to represent the member at a meeting of the
task force.
(4)
(5) A representative of the Ocean Protection Council
shall convene the Seawater Desalination Permit Streamlining
Improvement Task Force and act as chair of the
task force.
(6) The representatives identified in paragraphs (2) and (3) shall
have a nonvoting advisory role.
(e) The report required in paragraph (1) of subdivision (a) shall
be adopted by majority vote of the representatives identified in
paragraphs (1) and (5). In the case of a tie vote, the chair shall
vote again to break the tie.
(e)
(f) Pursuant to Section 75026, the sum of two hundred
fifty thousand dollars ($250,000) is hereby appropriated to the
Department of Water Resources for expenditure by the department to
pay the costs for convening the Seawater Desalination Permit
Streamlining Improvement Task Force and for
preparation of the report pursuant to subdivision (a).