BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 267
                                                                  Page  1

          Date of Hearing:   August 17, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 267 (Rubio) - As Amended:  April 13, 2011 

          Policy Committee:                             Water, Parks and 
          Wildlife     Vote:                            9-0
                       Local Government                       8-0

          Urgency:     Yes                  State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill, effective until January 1, 2017, excludes from the 
          definition of "project" a proposed photovoltaic or wind energy 
          plant approved on or after the effective date of this bill that 
          uses an amount of water equal to or less than the amount of 
          water required by a 250-dwelling-unit project.  The effect of 
          the bill is to exempt a local agency responsible for approving 
          such a project from the legal obligation to determine there is 
          adequate water supply available for the project. 

           FISCAL EFFECT  

          Negligible state costs, if any.

           COMMENTS  

           1)Rationale  .  The author contends that, because wind and solar 
            energy projects use little water, there is no need to require 
            a local agency responsible for permitting such a project to 
            determine an adequate supply of water exists.  The author 
            intends this bill to expedite permitting of such projects, as 
            well as the economic activity associated with them.

           2)Background.    Existing statute obligates a local permitting 
            agency to require the preparation of a water supply assessment 
            whenever a project under review by the agency is subject to 
            the California Environmental Protection Act (CEQA).  Such an 
            assessment is to consider whether a proposed project will have 
            adequate water supply during the next 20 years, given a range 
            of scenarios.  Projects may be challenged in court for failure 
            to prepare an adequate water supply assessment.







                                                                  SB 267
                                                                  Page  2


           3)Support.   This bill is supported by the County of Kern and the 
            California Wind Energy Association (cosponsors), who contend 
            photovoltaic and wind energy project use very little, if any, 
            water and therefore should not be subject to water supply 
            assessment.

           4)Opposition  .  This bill is opposed by the Association of 
            California Water Agencies (ACWA), the East Bay Municipal 
            Utility District (EBMUD) and the Sierra Club, among others, 
            who contend it inappropriate to exclude projects from 
            permitting requirements simply because of the industrial class 
            of the projects.

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