BILL ANALYSIS �
SB 834
Page 1
Date of Hearing: June 28, 2011
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 834 (Wolk) - As Amended: June 21, 2011
SENATE VOTE : 24-14
SUBJECT : Integrated Regional Water Management Plans: contents
SUMMARY : Requires that an Integrated Regional Water Management
Plan (IRWMP) that is voluntarily drafted so as to meet certain
minimum requirements in order to be eligible for state funding
must, for a region that depends on water from the Sacramento-San
Joaquin Delta (Delta), also include a description of the way the
IRWMP will reduce reliance on the Delta through investments in
regional self-reliance.
Specifically, this bill :
1)Makes legislative findings reflecting that the state has
adopted the coequal goals for the Delta of providing a more
reliable water supply and protecting, restoring, and enhancing
the Delta ecosystem and that those coequal goals shall be
achieved in a way that respects the unique cultural,
recreational, natural resource and agricultural values of the
Delta.
2)Makes further findings that it is the policy of the state to
reduce reliance on the Delta in meeting California's future
water needs through a statewide strategy of investing in
improved regional supplies, conservation, and water use
efficiency.
3)Specifies that the minimum content of an IRWMP eligible for
state funding, for a region that depends on water from
(Delta), must also include a description of the way the IRWMP
will reduce reliance on the Delta and increase regional
self-reliance.
EXISTING LAW:
1)Adopts coequal goals for the Delta of providing a more
reliable water supply and protecting, restoring, and enhancing
the Delta ecosystem and that those coequal goals shall be
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achieved in a way that respects the unique cultural,
recreational, natural resource and agricultural values of the
Delta.
2)States it is the policy of California to reduce reliance on
the Delta in meeting California's future water supply needs
through a statewide strategy of investing in improved regional
supplies, conservation, and water use efficiency. States that
regional self-reliance shall be improved through investment in
water use efficiency, water recycling, advanced water
technologies, local and regional water supply projects, and
improved regional coordination of local and regional water
supply efforts.
3)Requires that IRWMPs must address the following, at a minimum,
in order to be eligible for state funding for water projects
and programs that implement the IRWMP:
a) Protection and improvement of water supply
reliability, including agricultural and urban water use
efficiency.
b) Identification and consideration of drinking water
quality.
c) Protection and improvement of water quality.
d) Identification of any significant threats to
groundwater.
e) Protection, restoration, and improvement of
stewardship of aquatic, riparian, and watershed
resources.
f) Protection of groundwater resources from
contamination.
g) Identification and consideration of disadvantaged
communities' water needs.
FISCAL EFFECT : Nonfiscal
COMMENTS :
Under the Integrated Regional Water Management Planning Act of
2002, a regional water management group is authorized, but not
required, to prepare and adopt an IRWMP. The Act defined a
"regional water management group" as three or more local
agencies, at least two of which have statutory authority over
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water supply or water management, plus those other persons who
may be necessary to develop and implement an IRWMP.
Proposition 50, the Water Security, Clean Drinking Water,
Coastal and Beach Protection Act of 2002, provided $500 million
for competitive grants for projects that were, among other
requirements, consistent with an adopted IRWMP designed to
improve water supply reliability, water recycling, water
conservation, water quality improvement, storm water capture and
management, flood management, recreation and access, wetlands
enhancement and creation, and environmental and habitat
protection and improvement.
Proposition 84, the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of
2006, likewise provided $1 billion dollars in funding for water
projects implementing an IRWMP that met specified requirements,
including the need to use a multi-benefit approach and
incorporate performance measures and monitoring to document
progress towards meeting plan objectives.
In 2009, the Legislature convened during the Seventh
Extraordinary Session to try to enact comprehensive water
legislation to address pressing California water issues,
including the continuing crisis in the Delta related to
oversubscription of Delta water supplies, crashing populations
of native fish species, and the unreliability of the state's
Delta exports. In November a five-bill package was signed by
the Governor including SB 1 (Simitian) which covered a range of
Delta governance issues, among them adopting the coequal goals
for the Delta and making it the state's policy to reduce
reliance on the Delta through an investment in regional
self-reliance. The package also included SB 8 (Steinberg)
relating to water diversions and use and budget. Among its
provisions, SB 8 specified that $250 million of Proposition 84
funding for integrated regional water management grants and
expenditures was for programs and projects that, when
implemented, will help reduce dependence on the Delta for water
supply.
Supporting arguments: As stated by the author, this bill "will
utilize �IRWMPs] as a tool to implement the recently adopted
state policy, established in the 2009 water legislation, of
reducing reliance on freshwater exported from the Delta. SB 834
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ensures that state investments in regional water supply
reliability are directed to the most efficient and strategic
projects." Supporters point out that while Water Code section
85021 sets forth that the policy of the state is to reduce Delta
reliance in meeting the state's future water supply needs,
"current law does not specifically require any actions to be
taken to support this policy. Also, there is no mechanism
requiring any region to report on their progress made towards
meeting this goal of reducing reliance on Delta water supplies.
SB 834 would remedy this deficiency by requiring regions
receiving water from the Sacramento-San Joaquin Delta to
demonstrate how their �IRWMPs] reduce reliance on the Delta."
And one supporter, who is a Delta exporter concludes, "�t]hese
plans are the appropriate vehicle to document progress in
meeting this State policy."
Opposing arguments : Opponents of this bill who rely on the
Delta for export water supplies object to state requirements
being imposed in order to "secure state grants and loans across
a broad array of projects and programs." They state that this
bill is "yet another in a series of measures that dictates the
content of a regional plan based on local needs." They add that
"SB 834 likely removes the ability of local agencies to rely on
IRWMP cost-sharing opportunities to move �Delta water] into
their service areas." Opponents of the bill who are in the
upstream Delta watershed are concerned that "any new surface
storage or diversion projects to meet future water supply needs
in areas of origin would necessarily result in increased
reliance on the Delta watershed." They are concerned that this
bill could make them ineligible for state funds to implement
those projects.
Recommended amendment : Committee staff recommends that,
consistent with the existing format of IRWMP requirements, that
the language on Page 4, lines 4-6 is modified as follows:
"For a region that depend on water from the Delta watershed, as
defined in Section 85060, a description identification of the
manner in which the plan complies with Section 85021."
REGISTERED SUPPORT / OPPOSITION :
Support
Planning and Conservation League
SB 834
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Solano County Water Agency
Sierra Club California
Opposition
Desert Water Agency
East Valley Water District
El Dorado Irrigation District
Valley Ag Water Coalition
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096