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AB-2422 Sacramento-San Joaquin Delta: Western Delta Intakes Concept: feasibility study.(2011-2012)

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AB2422:v98#DOCUMENT

Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2422


Introduced  by  Assembly Member Bill Berryhill

February 24, 2012


An act to amend Section 147 of add Section 148 to the Water Code, relating to water resources, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 2422, as amended, Bill Berryhill. State Water Resources Development System: reporting requirement. Sacramento-San Joaquin Delta: Western Delta Intakes Concept: feasibility study.
Under existing law, the Department of Water Resources operates the State Water Resources Development System. Existing law requires the department, on or before January 10, 2010, and annually thereafter, to prepare and submit to the chairpersons of the fiscal committees of the Legislature a report, as prescribed, about the budget of the State Water Resources Development System. that includes dams, reservoirs, and other infrastructure.
This bill would make technical, nonsubstantive changes in these provisions. require the department to undertake an expedited evaluation and feasability study of the Western Delta Intakes Concept, as defined, and to consult with the Department of Fish and Game, as specified. This bill would require the department to prepare and submit to the Legislature, on or before January 1, 2014, a prescribed report about the feasability study.
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 at the November 7, 2006, statewide general election, authorizes the issuance of bonds in the amount of $5,388,000,000 for the purposes of financing a safe drinking water, water quality and supply, flood control, and resource protection program. Under existing law, $65,000,000 of that bond money is available to the department for planning and feasibility studies related to the existing and potential future needs for California’s water supply, conveyance, and flood control systems.
This bill would appropriate $750,000 of that bond money to the department to pay the costs of the study of the Western Delta Intakes Concept.
Vote: MAJORITY   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 148 is added to the Water Code, to read:

148.
 (a) (1) The department shall undertake an expedited evaluation and feasibility study of the Western Delta Intakes Concept.
(2)  For the purposes of this section, the “Western Delta Intakes Concept” means a proposal that would provide a large scaleable intake facility on the publicly owned land of Sherman Island in the Western Delta, thereby allowing more natural freshwater to flow through the Delta before any surplus water is extracted. The concept also includes connecting tunnels and the construction of up to two million acre feet of storage in the vicinity of the Clifton Court Forebay in order to allow the extraction of more water in periods of high flow to compensate for the extraction of less water in periods of low flow. The purpose of the concept is to fully achieve the coequal goals of ecosystem restoration in the Delta and reliable water exports at the highest possible level.
(b) The department, in conducting the study required pursuant to subdivision (a), shall consult with the Department of Fish and Game with regard to the potential environmental and ecological impacts and benefits of the Western Delta Intakes Concept, including issues of water quality and fish entrainment.
(c) On or before January 1, 2014, the department shall prepare and submit to the Legislature a report that includes its findings pursuant to subdivision (a). If the department determines that the implementation of the Western Delta Intakes Concept is feasible, the department shall include in the report recommendations with regard to specific facilities to be constructed, and shall identify potential funding sources, for the purposes of implementing the Western Delta Intakes Concept.
(d) (1) The requirement for submitting a report imposed under subdivision (c) is inoperative on January 1, 2018, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
(e) Of the funds made available pursuant to Section 75041 of the Public Resources Code, the sum of seven hundred fifty thousand dollars ($750,000) is hereby appropriated to the department to pay the costs of the study required by this section.

SECTION 1.Section 147 of the Water Code is amended to read:
147.

(a)On or before January 10, 2010, and annually thereafter, the department shall prepare and submit to the chairpersons of the fiscal committees of the Legislature a report with regard to the budget for the State Water Resources Development System.

(b)The department shall include in the report all of the following information:

(1)A description of the expenditures made, or projected to be made, as applicable, on behalf of the State Water Resources Development System, by program and fund, and of the total revenues expended, or projected to be expended, as applicable, for that system, including each fund source.

(2)A description of the positions within the department that carry out functions related to the State Water Resources Development System, and the total number of those positions.

(3)A description of any funds, other than funds generated by the State Water Resources Development System, that are expended, or projected to be expended, as applicable, for the State Water Resources Development System, including those funds used for cost-sharing purposes.

(4)An itemization of all contracts related to the Bay-Delta Conservation Plan financed, or projected to be financed, as applicable, in full or in part with funds generated by the State Water Resources Development System, including the dollar amount of those contracts and a brief description of the purposes of those contracts.

(c)The department shall include in each report information relating to three fiscal years including the two completed fiscal years that immediately precede the year in which the report is due, along with applicable information for the fiscal year in which the report is due. The department shall prepare the first report required under subdivision (a) for the 2007–08, 2008–09, and 2009–10 fiscal years.