Bill Text

Bill Information


Add To My Favorites | print page

AB-7 Water supply planning.(2007-2008)

SHARE THIS: share this bill in Facebook share this bill in Twitter
AB7:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2007–2008 2nd Ext.

Assembly Bill
No. 7

Introduced  by  Assembly Member Wolk

July 30, 2008

An act to add Part 1.6 (commencing with Section 10100) to Division 6 of the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 7, as introduced, Wolk. Water supply planning.
Under existing law, various state and local agencies engage in water resource planning.
This bill would enact the Climate Change and Water Resource Protection Act of 2008. The bill would require the Department of Water Resources to include in any water facility feasibility study an analysis of the proposed facility’s relationship to greenhouse gas emissions and climate change. The bill would require the department, as part of its statewide water resource management responsibilities, to include an analysis of the potential effects of climate change, to the extent applicable, in specified reports or plans that the department is required to prepare. The bill would prohibit the department from approving a request for a specified grant, submitted after January 1, 2011, unless certain requirements are met. The department would be required, by December 31, 2009, to identify available peer-reviewed information, or the best available scientific information, regarding climate change and water resources for the state and each of the state’s hydrologic regions for specified uses. The bill would require an urban water supplier, on and after December 31, 2009, and an agricultural water supplier, on and after January 1, 2010, that is required to prepare a water management plan to take certain action relating to specified climate change information.
The bill would require the department, in collaboration with other state agencies, to prepare a report that quantifies and compares the energy savings and greenhouse gas emission reductions associated with water supply development. The department would be required to submit the report to the Governor and the Legislature, and to make it available to the public, on or before January 1, 2010. The bill would require the State Water Resources Control Board and each California regional water quality control board to consider specified matters relating to climate change for the purpose of reviewing applicable water quality standards in accordance with the federal Clean Water Act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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) The Department of Water Resources issued a report in 2006 on climate change and California’s water resources, and concluded that climate change is likely to have significant effects on California’s water supply projects and the Sacramento-San Joaquin Delta.
(b) The State Energy Resources Conservation and Development Commission’s Integrated Energy Policy Report (CEC-IEPR), produced in 2005, estimates that water-related energy use consumes 19 percent of the state’s electricity, 30 percent of its natural gas, and 88 billion gallons of diesel fuel every year.
(c) The CEC-IEPR also found that water supply and conveyance have both the highest energy magnitude and the greatest variability in energy intensity in the water use cycle.
(d) The California Global Warming Solutions Act of 2006 requires the adoption of a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. Existing law requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.
(e) The CEC-IEPR concluded that, in many areas of the state, recycled water is the least energy-intensive source of new water supply. Increased use of recycled water statewide will reduce California’s energy consumption and help meet the state’s goal of reducing greenhouse gas emissions, as required by the California Global Warming Solutions Act of 2006.
(f) Increasing water conservation statewide will also reduce California’s energy consumption and help meet the state’s goal of reducing greenhouse gas emissions, as required by the California Global Warming Solutions Act of 2006.
(g) California should improve its overall planning process to ensure a safe, clean, and reliable water supply by giving more consideration to the impacts of climate change on the state’s water resources, and by identifying water supply options that will help the state meet the requirements of the California Global Warming Solutions Act of 2006.

SEC. 2.

 Part 1.6 (commencing with Section 10100) is added to Division 6 of the Water Code, to read:

PART 1.6. CLIMATE CHANGE AND WATER RESOURCES

10100.
 This part shall be known and may be cited as the Climate Change and Water Resource Protection Act of 2008.

10101.
 It is the intent of the Legislature to support all state agencies with responsibility for water resources and energy in finding ways to reduce greenhouse gas emissions arising out of California’s water use. These agencies include, but are not limited to, the department, the board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission.

10102.
 (a) (1) The Legislature finds and declares that decisions as to the way in which the state ensures water supply reliability should include consideration of how climate change may affect water resources and the way in which water use affects greenhouse gas emissions and climate change.
(2) The department shall include in any water facility feasibility study an analysis of the proposed facility’s relationship to greenhouse gas emissions and climate change.
(b) The department, as part of its statewide water resource management responsibilities, shall include an analysis of the potential effects of climate change, to the extent applicable, in all reports or plans relating to water management or planning that the department is required to prepare. These reports or plans include all of the following:
(1) The biennial report on the overall delivery capability of the State Water Project and the allocation of that capacity to each contractor.
(2) The California Water Plan prepared pursuant to Part 1.5 (commencing with Section 10004).
(3) Reports related to the Sacramento-San Joaquin Delta.
(4) The State Plan of Flood Control and the Central Valley Flood Protection Plan.
(5) Bulletin 118 and other bulletins issued by the department concerning the statewide status of groundwater resources.

10103.
 (a) On or before December 31, 2009, the department shall identify available peer-reviewed information, or in its absence, the best available scientific information, including information produced in response to Executive Order S-3-05, regarding climate change and water resources for the state and each of the state’s hydrologic regions for use by state and local agencies for the purposes described in Sections 10105 and 10106. To the maximum extent practicable, the department shall make the information available on its Internet Web site or through other readily available means. In conjunction with the preparation of the California Water Plan, the department shall work with the California Environmental Protection Agency and the scientific community to periodically update the climate change information, as appropriate, by including, among other information, information generated pursuant to Chapter 4 (commencing with Section 12890) of Part 2.5 of Division 3 of Title 2 of the Government Code.
(b) The department shall not approve any request for a grant pursuant to Section 75026 of the Public Resources Code submitted after January 1, 2011, unless the integrated regional water management plan that is the basis of the grant application includes consideration of the information regarding climate change made available in accordance with subdivision (a) or other relevant information if the applicant deems that information reasonably reliable. If this information is not available, or does not apply to a particular integrated regional water management planning area, the grant applicant is not subject to the requirements of this section and the entity adopting the integrated regional water management plan shall adopt a written statement that information pursuant to subdivision (a) is not available, or does not apply to the integrated regional water management in the planning area.

10104.
 (a) In order to assist local and state agencies in implementing the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), the department, in collaboration with the board, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, and the Public Utilities Commission, shall prepare a report that quantifies and compares the energy savings and greenhouse gas emission reductions associated with water supply development, including, but not limited to, increasing the use of recycled water to offset the use of potable water for nonpotable uses in the state and expanding reliance on water conservation. For the purposes of this section, the board has the primary responsibility for the analysis of recycled water and the department has the primary responsibility for the analysis of all other water supply development alternatives.
(b) In making the quantifications and comparisons required by subdivision (a), the agencies shall use the best scientific information available and consult with all interested local agencies.
(c) The report shall quantify statewide energy savings and greenhouse gas emission reductions by utilizing various scenarios that assume the state will exceed its current use of recycled water and will meet or exceed the state’s goal for water recycling established by Section 13577. The study shall consider energy savings and greenhouse gas emission reductions in each region identified in Section 13200 from all possible nonpotable uses of recycled water, meeting the requirements in Chapter 3 (commencing with Section 60301) of Division 4 of Title 22 of the California Code of Regulations, including agricultural, industrial, environmental, groundwater recharge, commercial, urban irrigation, and domestic uses.
(d) In making the quantifications related to water conservation, the report shall quantify statewide energy savings and greenhouse gas emission reductions assuming the potential water use efficiency identified in the department’s Bulletin No. 160-05. The report shall include recommendations as to emission reduction measures that provide state agencies a way to reduce greenhouse gas emissions resulting from water use.
(e) The department shall submit the report required by subdivision (a) to the Governor and the Legislature, and make the report available to the public, on or before January 1, 2010. The report shall include specific policy recommendations and administrative actions that will assist the state in meeting the requirements of Section 38560.5 of the Health and Safety Code to identify and implement specific greenhouse gas emission reduction measures. The report shall include information generated pursuant to Chapter 4 (commencing with Section 12890) of Part 2.5 of Division 3 of Title 2 of the Government Code.

10105.
 For the purpose of the triennial review of applicable water quality standards pursuant to Section 303(c)(1) of the Clean Water Act (33 U.S.C. Sec. 1313 (c)(1)), the board and each California regional water quality control board shall consider, to the extent practicable, the reasonably foreseeable effects of climate change on the water quality of the basin, based on the applicable information made available pursuant to subdivision (a) of Section 10103 and other information that the board or the California regional water quality control board deems relevant and reliable.

10106.
 (a) On and after December 31, 2009, an urban water supplier that is required to prepare a plan pursuant to Part 2.6 (commencing with Section 10610) shall do all of the following:
(1) Request or otherwise obtain from the department the information regarding climate change and water supply made available pursuant to subdivision (a) of Section 10103.
(2) Identify, to the extent practicable, the possible effects of climate change on its water supply projections based on the information made available pursuant to subdivision (a) of Section 10103 or other relevant information if the supplier deems that information reasonably reliable.
(3) Consider the information regarding climate change and water supply made available pursuant to subdivision (a) of Section 10103 or other information if the supplier deems that information reasonably reliable in describing the reliability of its water supply pursuant to subdivision (c) of Section 10631 and the reliability of water service to its customers pursuant to Section 10635.
(b) On and after January 1, 2010, an agricultural water supplier that is required to prepare a plan pursuant to Part 2.8 (commencing with Section 10800) shall do all of the following:
(1) Request or otherwise obtain from the department the information regarding climate change and water supply made available pursuant to subdivision (a) of Section 10103.
(2) Consider the information regarding climate change and water supply made available pursuant to subdivision (a) of Section 10103 or other relevant information if the supplier deems that information reasonably reliable in describing the quantity and source of water delivered to, and by, the supplier.
(c) If the information described in subdivision (a) of Section 10103 is not available or does not apply to a supplier described in subdivision (a) or (b), the supplier is not subject to the requirements of this section and the governing board of a supplier specified in subdivision (a) or (b) shall adopt a written statement stating that the information described in subdivision (a) of Section 10103 is not available or does not apply to the supplier.