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SB-1219 21st century water laws and agencies: committee.(2021-2022)

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Date Published: 04/06/2022 09:00 PM
SB1219:v98#DOCUMENT

Amended  IN  Senate  April 06, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1219

Introduced by Senators Hurtado and Cortese

February 17, 2022

An act to add Section 12805.4 to the Government Code, and to amend and repeal Section 175 of, and to add Section 175.1 to, the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


SB 1219, as amended, Hurtado. Water: State Water Resources Control Board dissolution: Blue Ribbon Commission. 21st century water laws and agencies: committee.
Existing law establishes the State Water Resources Control Board within the California Environmental Protection Agency with specified duties relating to, among other things, administering water rights, the Porter-Cologne Water Quality Control Act, and the California Safe Drinking Water Act. Existing law establishes the Department of Water Resources within the Natural Resources Agency and prescribes the jurisdiction and various general administrative authorities and duties of the department regarding, among other things, matters pertaining to water resources and dams in the state.

This bill would dissolve the board as of January 1, 2025. The bill would designate the department as the successor to the board and would vest the department with all of the powers, duties, purposes, responsibilities, and jurisdiction vested in the board under existing law, including, but not limited to, those laws under which permits or licenses to appropriate water are issued, denied, or revoked, under which the functions of water pollution and quality control are exercised, and under which drinking water is regulated.

The

This bill would require the Secretary of the Natural Resources Agency and the Secretary for Environmental Protection to convene a Blue Ribbon Commission committee to develop and submit, on or before December 31, 2024, to the Governor and to the Legislature a strategic vision, proposed statutes, and recommendations for a modern 21st century set of water laws and regulations and state and local water agencies for the state, as provided. The commission committee would consist of 5 specified heads of state agencies, 2 members appointed by the Senate Committee on Rules, and 2 members appointed by the Speaker of the Assembly. The bill would authorize require the Governor or the commission committee to appoint a “blue ribbon” citizen commission, commission or taskforce, a stakeholder advisory committee, task force, or and any other group that the Governor or the commission committee deems necessary or desirable to assist in carrying out these provisions. The bill would require all relevant state agencies, at the request of the commission, committee, to make available staff and resources to assist in the preparation of the strategic vision and proposed statutes. The bill would authorize the commission, committee, its members, and state agencies represented on the commission committee to contract for consultants to assist in the preparation of the strategic vision and proposed statutes, as specified, and would exempt those contracts from certain public contracting requirements.
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 governmental institutions, statutes, and regulations overseeing the development and management of California’s water resources were established in an earlier era, reflecting a different population and different problems. These include, for example, all of the following:
(1) (A) California’s water rights system, encompassing both English common law and the doctrine of prior appropriation, dates to statehood in 1850 and recognizes certain “pueblo rights” that predate statehood.
(B) However, historic tribal water uses are generally not recognized.
(C) The “first in time-first in right” prior appropriation system memorializes priorities and uses from over 150 years ago.
(D) Resolving water use conflicts was relegated to the courts.
(E) Rules governing groundwater rights law was also relegated to the courts.
(2) Current state agencies overseeing the state’s water resources were created in the 1950s and 1960s, as follows:
(A) The Department of Water Resources was created in 1957 out of the old Department of Public Works to design, build, and operate the State Water Project (SWP).
(B) The State Water Resources Control Board was created in 1967, combining the functions of the State Water Quality Control Board, created in 1949, and the State Water Rights Board, created in 1956 and superseding the State Water Commission, which was created in 1913.
(C) California regional water quality control boards were created in 1949 to oversee and enforce the state’s pollution abatement program.
(3) State laws governing water quality, environmental protection, and statewide water resources planning were also created 50 to 75 years ago, as follows:
(A) The Porter-Cologne Water Quality Control Act was created in 1969 and is the law that governs water quality regulation in California. It had its roots in the Dickey Water Pollution Act that took effect October 1, 1949. The Porter-Cologne Water Quality Control Act was established to be a program to protect water quality as well as beneficial uses of water. The act applies to surface water, groundwater, wetlands, and both point and nonpoint sources of pollution.
(B) Wild and scenic rivers protections were first provided by the federal Wild and Scenic Rivers Act in 1968, followed by the California Wild and Scenic Rivers Act in 1972. The purpose of the California law was to preserve certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values in their free-flowing state.
(C) Species protection dates back to the 1950s, when vulnerable species were initially granted full protection. Additionally, in 1970 the state enacted the California Endangered Species Act but did not repeal the fully protected species lists.
(D) The Burns-Porter Act, which was ratified by voters in November 1960, not only provided financing for the SWP, but also established the process of statewide water resources planning through the California Water Plan.
(4) Local agencies supplying and treating water and wastewater arose in a largely haphazard manner, based largely on local need and affluence. The result is that these services are provided by an inconsistent mix of the following:
(A) Municipalities.
(B) Counties.
(C) Special districts.
(D) Tribal governments.
(E) Investor-owned utilities.
(F) Mutual water companies.
(G) Individual land and homeowners.
(b) Since the establishment of the governmental institutions, statutes, and regulations overseeing the development and management of California’s water resources, there have been many changes, such as the following:
(1) The population has grown tremendously, nearly doubling over the last 50 years.
(2) Most, if not all, of the available water has been claimed by one or more beneficial users.
(3) The climate has and continues to change, with projections for more frequent, more severe, and extended periods of drought and flood.
(4) Much of the state’s water infrastructure is at or beyond its design life.
(5) Various voter initiatives have made it more difficult for local agencies to raise water rates and revenues.
(6) Many species, especially pelagic organisms in the Sacramento-San Joaquin River Delta, are in serious decline, some verging on extinction.
(7) The Water Commission Act of 1913 created the current water rights permitting structure, but kept the fundamental basis of the water rights system in place.
(8) The California Constitution was amended to require water be put to a reasonable and beneficial use.
(9) In 1983, the California Supreme Court held that the public trust doctrine restricts the amount of water that can be withdrawn from navigable waterways.
(10) There is a growing recognition of historic injustices to tribal communities, economically disadvantaged communities, and other marginalized communities.
(11) The number of state and local water management agencies and the scope of their responsibilities have grown significantly.
(c) As a result of the changes specified in subdivision (b), governmental institutions, statutes, and regulations overseeing the development and management of California’s water resources no longer serve California well, if they ever did. This has led to the following:
(1) Frequent shortages being experienced by, and conflicts among, agricultural, urban, and environmental water interests.
(2) Difficult choices for all sectors between nearly unaffordable investments versus trying to cope without.
(3) Significant concerns about the long-term viability of rural communities, agriculture, and food security.
(4) Public trust resources across the state being at risk of becoming unsustainable.
(5) Both urban and rural small communities not being able to provide safe and affordable water to their residents.
(6) Sectors of the state’s economy experiencing drought-triggered recessions.
(d) To ensure the state has a modern 21st century set of water laws, regulations, and state and local water agencies, it is important that the state take a top-to-bottom review of how water resources in the state are managed and identify necessary reforms.

SECTION 1.SEC. 2.

 Section 12805.4 is added to the Government Code, to read:

12805.4.
 (a) (1) The Secretary of the Natural Resources Agency and the Secretary for Environmental Protection shall convene a Blue Ribbon Commission committee to develop and submit, on or before December 31, 2024, to the Governor and to the Legislature in compliance with Section 9795 a strategic vision, proposed statutes, and recommendations for a modern 21st century set of water laws and regulations and state and local water agencies for the state.
(2) The requirement for submitting a report to the Legislature imposed under paragraph (1) is inoperative on December 31, 2028, pursuant to Section 10231.5.
(b) The commission committee shall include all of the following:
(1) The Secretary of the Natural Resources Agency.

(2)The Secretary of Business, Consumer Services, and Housing.

(3)The Secretary of Transportation.

(4)

(2) The Secretary for Environmental Protection.

(5)

(3) The Secretary of Food and Agriculture.

(6)

(4) The President of the Public Utilities Commission.
(5) The Director of the Office of Planning and Research.

(7)

(6) Two members appointed by the Senate Committee on Rules.

(8)

(7) Two members appointed by the Speaker of the Assembly.
(c) The strategic vision and draft statutes shall address all of the following:

(1)Sustainable ecosystem functions, including aquatic and terrestrial flora and fauna.

(2)Sustainable land use and land use patterns.

(3)Sustainable transportation uses, including streets, roads and highways, and transportation by water.

(4)Sustainable utility uses, including aqueducts, pipelines, and power transmission corridors.

(5)Sustainable agriculture water supply uses.

(6)Sustainable recreation uses, including current and future recreational and tourism uses.

(7)Sustainable flood management strategies.

(1) Improving the efficient and effective management of all aspects of water resources, including, but not limited to, all of the following:
(A) Water supply reliability.
(B) Water quality.
(C) Water-dependent ecosystems.
(D) Flood and stormwater management and safety.
(2) Achieving regional sustainability, through both of the following:
(A) Regional water resources planning and decisionmaking.
(B) Coordinated land use planning.
(3) Establishing predictable and efficient regulatory structures for water resources management at the state, regional, and local levels.
(4) Meeting established water policy objectives, such as the human right to water.
(5) Removing hurdles to financing water resources investments.
(6) Improving workforce development, including recruiting, training, and retaining skilled professionals to operate and maintain the state’s essential drinking water, wastewater, flood control, hydropower, and delivery and storage facilities.
(7) Rectifying historic water resources injustices to tribal communities, economically disadvantaged communities, and other marginalized communities.
(8) Addressing food security concerns arising from drought and cutbacks in agricultural water supplies.
(9) Reversing the decline in public trust resources resulting from water resource management policies and processes.
(10) Incorporating climate change considerations in all aspects of water resources management.
(d) (1) The commission committee shall seek input from elected officials, governmental agencies, interested parties, educational institutions, and local communities. The Governor or the commission may committee shall appoint a “blue ribbon” citizen commission, commission or taskforce, a stakeholder advisory committee, task force, or and any other group or groups that the Governor or the commission committee deems necessary or desirable to assist in carrying out this section.
(2) A stakeholder advisory group appointed pursuant to paragraph (1) shall be broadly constructed to represent a diverse range of interests affected by state policies concerning water resources management, including, but not necessarily limited to, all of the following:
(A) Persons representing fishing and hunting interests.
(B) Nonprofit conservation organizations.
(C) Agricultural interests.
(D) Urban water interests.
(E) Tribal interests.
(F) Recreational users.
(G) Scientific and educational interests, and other interests or entities dedicated to habitat conservation and protection of public trust resources.
(3) The committee convened pursuant to subdivision (a), in developing the strategic vision, shall take into account the recommendations of any group appointed pursuant to paragraph (1).
(e) For purposes of carrying out this section, the commission committee may also seek input from other policy and resource leaders.
(f) All relevant state agencies, at the request of the commission, committee, shall make available staff and resources to assist in the preparation of the strategic vision and proposed statutes.
(g) (1) The commission, committee, its members, and state agencies represented on the commission committee may contract for consultants to assist in the preparation of the strategic vision and proposed statutes in accordance with Article VII of the California Constitution.
(2) Contracts entered into pursuant to paragraph (1) shall terminate no later than December 31, 2024.
(3) Contracts entered into pursuant to paragraph (1) are exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.

SEC. 2.Section 175 of the Water Code is amended to read:
175.

(a)There is in the California Environmental Protection Agency the State Water Resources Control Board consisting of five members appointed by the Governor. One of the members appointed shall be an attorney admitted to practice law in this state who is qualified in the fields of water supply and water rights, one shall be a registered civil engineer under the laws of this state who is qualified in the fields of water supply and water rights, one shall be a registered professional engineer under the laws of this state who is experienced in sanitary engineering and who is qualified in the field of water quality, and one shall be qualified in the field of water quality. One of the above-appointed persons, in addition to having the specified qualifications, shall be qualified in the field of water supply and water quality relating to irrigated agriculture. One member shall not be required to have specialized experience.

(b)Each member shall represent the state at large and not any particular portion thereof and shall serve full time. The board shall, to the extent possible, be composed of members from different regions of the state. The appointments made by the Governor shall be subject to confirmation by the Senate in accordance with Article 2 (commencing with Section 1770) of Chapter 4 of Division 4 of Title 1 of the Government Code.

(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 3.Section 175.1 is added to the Water Code, to read:
175.1.

The State Water Resources Control Board is hereby dissolved as of January 1, 2025. On that date, the Department of Water Resources succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction vested in the State Water Resources Control Board, or any officer or employee thereof, under existing law, including, but not limited to, those laws under which permits or licenses to appropriate water are issued, denied, or revoked, under which the functions of water pollution and quality control are exercised, and under which drinking water is regulated. Commencing January 1, 2025, any reference to the State Water Resources Control Board in law shall be deemed to be a reference to the Department of Water Resources.