LEGISLATIVE SUBCOMMITTEE RECOMMENDATION: SUPPORT
SUMMARY OF BILL:
AB 2501 would require the Department of Water Resources (DWR) to produce a report that determines the energy savings and greenhouse gas emissions (GHG) reductions resulting from use of recycled water for nonpotable uses, and from water conservation, in consultation with the CPUC, along with several other state agencies.
SUMMARY OF SUPPORTING ARGUMENTS FOR RECOMMENDATION:
The CPUC has been actively involved in the Water-Energy Partnership (WEP), a statewide association of public and private organizations involved in estimating the energy savings associated with water efficiency. Some data from WEP studies may be useful in this analysis. Also, one of the objectives of the CPUC's current energy efficiency proceeding, R. 06-04-010, is to quantify energy savings resulting from water conservation and efficiency. AB 2501 would reinforce and complement these CPUC activities.
SUMMARY OF SUGGESTED AMENDMENTS:
· As noted above, the bill requires production of a report on quantifying energy savings and greenhouse gas reductions from water conservation and recycling. Currently, the agencies are working on this analysis, but it does not appear as though the current deadline in the bill of January 1, 2009 is feasible. The CPUC's water-energy pilot programs will not be complete in this timeframe. Moving the deadline to January 1, 2010 would allow more time for analysis and learning from activities currently underway.
DIVISION ANALYSIS (Planning and Policy Division:
· The State of California encounters several challenges in obtaining and maintaining sufficient water supply from various sources. Challenges include the uncertain availability of water from the Sacramento-San Joaquin Delta and other sources, increasing state population, limited public funds, likelihood of drought within California (and within the Colorado River Basin) in light of historical precipitation patterns, and climate change impacts.
· The California Energy Commission (CEC) 2005 Integrated Energy Policy Report (IEPR) concluded that, in many areas of the state, recycled water is the least energy-intensive source of new water supply. Furthermore, water conservation and efficiency provide even greater energy savings. Also in 2005, the CPUC's Water Action Plan emphasized the need for greater attention to water conservation and the link between water use and electricity use in California.
· In the CPUC energy efficiency proceeding (R. 06-04-010) various collaborative pilot programs have been authorized between energy and municipal water utilities with the objective to achieve energy savings from water conservation and efficiency. An indirect benefit will be a reduction of GHG emissions. An "embedded energy calculator" developed in this proceeding quantifies the expected water and energy savings, and might be expanded to calculate GHG savings from a broader population of utilities and consumers if the approach were to be expanded beyond its current pilot stage. Also, the CPUC participates in the Water Energy Team, Climate Action Team (WET CAT), which seeks to encourage GHG reductions achievable via water conservation and efficiency.
· This bill would improve state water management and planning by taking into consideration impacts of climate change on those plans. DWR is required to submit by July 1, 2009, peer-reviewed scientific information regarding climate change impact on water resources for each of the state's hydrologic regions. DWR is directed to disapprove any request for a grant submitted after January 1, 2011, unless the integrated regional water management plan upon which the grant is based assesses the impact of climate change on that plan.
· The bill also requires DWR, in collaboration with the SWRCB, California Air Resources Board (ARB), California Energy Commission (CEC), and the CPUC to prepare a report quantifying energy and GHG savings resulting from water efficiency and conservation. Use of recycled water for nonpotable applications, and conservation should receive special focus. DWR should submit the report with policy recommendations to the Governor and Legislature before January 1, 2009. As of July 1, 2009, urban water suppliers will be required to identify the effects of climate change on their water supply projections. As of January 1, 2010, agricultural water suppliers will be required to identify the impact of climate change on their water sources.
· The bill appropriates $610,890,000 available from previously-approved state bonds to:
o integrate state flood protection and water supply systems,
o promote conjunctive use of groundwater storage capacity to improve water supply and flood system operation,
o promote increased water use efficiency via expanded water conservation, water recycling, and technological improvements.
· The above-listed changes to water supply planning should contribute towards improved water management and planning throughout California, and should enable more accurate projections of water supply reliability. Currently, state and federal law does not adequately address these proposed improvements in water management and planning, including the potential benefits from recycling and conservation, and GHG reductions obtainable through water conservation and efficiency. The bill would have a strong likelihood for success if the state agencies cited above, relevant local agencies, private and public energy and water utilities, agricultural industry, and non-governmental organizations (e.g. environmental and consumer groups) can collaborate effectively to achieve the measures proposed by the bill. Without the bill, there is less likely to be a unified and successful effort by these stakeholders to achieve the overarching goals of improved water resource management and reducing climate change impact from water production, conveyance, distribution, treatment, and use.
· The bill is consistent with CPUC's energy efficiency objectives (CPUC's R. 06-04-010) of quantifying energy savings from water conservation and efficiency, and to reduce GHG emissions as a result. In the CPUC Water Action Plan, the Commission noted "...we will identify actions that our water utilities can take to reduce GHG emissions." (CPUC Water Action Plan, p. 11: ftp://ftp.cpuc.ca.gov/PUC/hottopics/3water/water_action_plan_final_12_27_05.pdf)
PROGRAM BACKGROUND:
· The California Global Warming Solutions Act of 2006 caps California's GHG emissions at 1990 levels by 2020. The State Air Resources Board is required to establish a program for statewide GHG emissions reporting and to monitor and enforce compliance with this program. The Water Energy Team, Climate Action Team (WET CAT) is one of over 10 subgroups which is seeking to determine the optimal policies for achieving the targeted GHG reductions, each for different sectors of the economy (WET CAT's focus being the water-energy nexus).
· As mentioned above, the CPUC is already seeking to quantify the energy savings from water conservation and efficiency in R. 06-04-010 using an "embedded energy calculator". Indeed, in the WET CAT subgroup and other venues, other state agencies, energy investor-owned utilities (IOUs), and non-governmental organizations have been requesting the CPUC to expand the embedded energy calculator to quantify GHG reductions. CPUC has limited resources to undertake an expanded analysis of the resulting GHG reductions, particularly if the objective is to expand the analysis from only energy IOU ratepayers to all citizens of California.
· Class A water utilities (those with greater than 10,000 customers) regulated by the CPUC are required to file a Water Management Program with each General Rate Case (GRC) filing, forecasting supplies and demand for 20 years. AB 2501 would bring added and needed emphasis to the impact of climate change on water supply plans of those water utilities.
· The CPUC is currently examining water conservation and management policies, including use of recycled water, in the Water Conservation Order Instituting Investigation (OII 07-01-022). AB 2501 would complement one of the objectives of this proceeding, namely, to improve water conservation and efficiency planning by regulated water utilities.(i.e. Class A water utilities directly, and Class B, C, and D indirectly).
· The CPUC requires Class A water utilities to be active members in the California Urban Water Conservation Council (CUWCC), including deployment of the CUWCC Best Management Practices (BMPs). AB 2501 further reinforces the CUWCC's objectives of improved water conservation and efficiency.
· Other states' or federal information: The Federal Department of Energy (DOE) produced a report to Congress in early 2006 summarizing the public workshops and research conducted by twelve DOE laboratories on the water-energy nexus: http://www.sandia.gov/energy-water/congress_overview.htm
LEGISLATIVE HISTORY: In 2004, Assemblyperson Wolk sought to have a nearly identical bill, AB 224, passed, but it never reached a full vote in the legislature.
STATUS: AB 2501 is awaiting hearing in the Assembly Committee on Water, Parks and Wildlife.
SUPPORT/OPPOSITION: Unknown.
STAFF CONTACTS:
Pamela Loomis, Deputy Director pcl@cpuc.ca.gov
Office of Governmental Affairs (916) 327-8441
Date: April 2, 2008.
BILL LANGUAGE:
BILL NUMBER: AB 2501 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wolk
(Coauthor: Assembly Member DeSaulnier)
FEBRUARY 21, 2008
An act to add Part 1.6 (commencing with Section 10100) to Division
6 of, and to add Division 33 (commencing with Section 83000) to, the
Water Code, relating to water, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2501, as introduced, Wolk. Water: planning.
(1) 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, 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 reports or plans
relating to water management or planning 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 July 1, 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 and an agricultural water supplier that is
required to prepare a water management plan to take certain action
relating to specified climate change information, as provided.
The bill would require the department, in collaboration with other
state agencies, to prepare a report that quantifies 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, 2009. The bill would require
the state board and each California regional water quality 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.
(2) Under existing law, various bond acts have been approved by
the voters to provide funds for water projects, facilities, and
programs. The Disaster Preparedness and Flood Prevention Bond Act of
2006, a bond act approved by the voters at the November 7, 2006,
statewide general election, authorizes the issuance of bonds in the
amount of $4,090,000,000 for the purposes of financing disaster
preparedness and flood prevention projects. 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. The Water Security, Clean
Drinking Water, Coastal and Beach Protection Act of 2002, approved by
the voters at the November 5, 2002, statewide general election,
authorizes, for the purposes of financing a safe drinking water,
water quality, and water reliability program, the issuance of bonds
in the amount of $3,440,000,000.
This bill, with regard to those bond funds, would appropriate
$610,890,000 as follows: of the funds made available pursuant to the
Disaster Preparedness and Flood Prevention Bond Act of 2006,
$50,000,000 to the Department of Water Resources for essential
emergency preparedness supplies and projects, and $150,000,000 to the
department for stormwater flood management project grants; of the
funds made available pursuant to the Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Bond
Act of 2006, $50,000,000 to the State Department of Public Health for
grants for small community drinking water system infrastructure
improvements and related actions, $50,400,000 to the State Department
of Public Health for grants for projects to prevent or reduce the
contamination of groundwater that serves as a source of drinking
water, $40,000,000 to the department for administrative costs,
planning grants, and local groundwater assistance grants, $50,000,000
to the department for projects that improve the quality of the
drinking water supply from the Sacramento-San Joaquin Delta,
$60,000,000 to the department and the Central Valley flood Protection
Board to increase the department's ability to respond to levee
breaches and to reduce the potential for levee failure, $100,000,000
to the department and the board for the acquisition, preservation,
protection, and restoration of Sacramento-San Joaquin Delta
resources, $12,000,000 to the department to complete planning and
feasibility studies associated with new surface storage under the
California Bay-Delta Program, $15,000,000 to the department for
planning and feasibility studies to identify potential options for
the reoperation of the state's flood protection and water supply
systems, $10,000,000 to the department for response to climate
change, and $10,000,000 to the department for planning and
feasibility studies to implement the Delta Vision; and of the funds
made available under the Water Security, Clean Drinking Water,
Coastal and Beach Protection Act of 2002, $3,490,000 to the
department for planning and feasibility studies associated with
surface storage under the California Bay-Delta Program.
The bill would provide that up to 5% of the funds appropriated by
the bill may be expended to pay for the administrative costs of that
program. The bill would provide that funds appropriated by the bill
are available for encumbrance until June 30, 2010. On January 10,
2009, program recipients would be required to report to the fiscal
committees of the Legislature with regard to the committed and
anticipated expenditures of these funds.
(3) Under the Porter-Cologne Water Quality Control Act, the State
Water Resources Control Board and the California regional water
quality control boards are the principal state agencies with
authority over matters relating to water quality.
This bill would require the state board, in consultation with
other agencies, to develop pilot projects in the Tulare Lake Basin
and the Salinas Valley focused on nitrate contamination. The bill
would require the state board to create an interagency task force, as
needed, to oversee the pilot projects, and to submit a report to the
Legislature on the scope and findings of the projects within 2 years
of receiving funding. The state board would be required to implement
recommendations for developing a groundwater cleanup program for the
Central Valley Water Quality Control Region and the Central Coast
Water Quality Control Region based upon pilot project results within
2 years of submitting the report to the Legislature.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated 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. (a) 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) State Plan of Flood Control.
(5) Bulletin 118 and other bulletins issued by the department
concerning the statewide status of groundwater resources.
(b) On or before July 1, 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 10103 and 10104. 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.
(c) 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 (b) 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 body adopting the integrated regional water management plan
shall adopt a written statement that information pursuant to
subdivision (b) is not available, or does not apply to the integrated
regional water management in the planning area.
10102. (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 State Water
Resources Control 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
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 State Water
Resources Control Board has the primary responsibility for the
analysis of recycled water and the department has primary
responsibility for the analysis of all other water supply development
alternatives.
(b) In making the quantifications 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
including, but not limited to, the following agricultural,
industrial, environmental, groundwater recharge, commercial, urban
irrigation, and domestic uses:
(1) Flushing toilets and urinals.
(2) Priming drain traps.
(3) Industrial process water that may come into contact with
workers.
(4) Structural fire fighting.
(5) Decorative fountains.
(6) Commercial laundries.
(7) Consolidation of backfill around potable water pipelines.
(8) Artificial snow making for commercial outdoor use.
(9) Commercial car washes, including hand washes if the recycled
water is not heated, where the general public is excluded from the
washing process.
(10) Industrial boiler feed.
(11) Nonstructural fire fighting.
(12) Backfill consolidation around nonpotable piping.
(13) Soil compaction.
(14) Mixing concrete.
(15) Dust control on roads and streets.
(16) Cleaning roads, sidewalks, and outdoor work areas.
(17) Industrial process water that will not come into contact with
workers.
(d) In making the quantification 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 160-05. The report shall
include recommendations as to emission reduction measures that
provide state agencies a way to reduce greenhouse gas emissions 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, 2009. 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.
10103. 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 State Water Resources
Control 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 (b) of Section 10101 and other information that the
State Water Resources Control Board or the California regional water
quality control board deems relevant and reliable.
10104. (a) On and after July 1, 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 (b) of Section 10101.
(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 (b) of Section
10101 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 (b) of Section 10101 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 (b) of Section 10101.
(2) Consider the information regarding climate change and water
supply made available pursuant to subdivision (b) of Section 10101 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 (b) of Section
10101 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 (b) of Section
10101 is not available or does not apply to the supplier.
SEC. 3. Division 33 (commencing with Section 83000) is added to
the Water Code, to read:
DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION
PLANNING, DESIGN, AND IMPLEMENTATION
83000. The Legislature hereby finds and declares all of the
following:
(a) Water is vital to the economy, environment, and overall
well-being of the state.
(b) California faces increasing challenges in managing its water
supply due to climate change, uncertainty regarding the availability
of water from the Sacramento-San Joaquin Delta and other sources, an
increasing state population, limitations on public funds, and other
factors.
(c) California must adopt a new, updated, and comprehensive set of
water planning, design, and implementation policies that reflect
these realities to protect its water supply future.
(d) In the past, state laws, funding schemes, and administrative
actions have treated the planning, construction, and operation of
water supply, groundwater, and flood control systems as separate and
distinct activities, thereby reducing efficiency and water supply
reliability.
(e) California has not taken full advantage of the cost savings,
the environmental benefits, or the expediency of more efficient
operations and usage of existing water supply, storage, and flood
protection facilities.
(f) It is the policy of the state to more effectively integrate
its flood protection systems with its water supply and conveyance
systems in order to conserve limited public dollars, increase the
available water supply, improve water quality, increase wildlife and
ecosystem protections, protect public health and safety, and address
the effects of climate change.
(g) The purpose of this division is to require the integration of
flood protection and water systems to achieve multiple public
benefits, including all of the following:
(1) Increasing water supply reliability in the least costly, most
efficient, and most reliable manner to meet current and future state
needs.
(2) Increasing use of water use efficiency and water conservation
measures to increase and extend existing water supplies.
(3) Reducing energy consumption associated with water transport,
thereby reducing state greenhouse gas emissions.
(4) Improving water management to protect and restore ecosystems
and wildlife habitat.
83001. In order to provide the least costly, most efficient, and
reliable water supply to a growing state, it is the intent of the
Legislature that the department accomplish the following objectives:
(a) Integrate state flood protection and water supply systems.
(b) Promote conjunctive use of groundwater storage capacity to
improve overall water supply and flood system operation.
(c) Promote increased water use efficiency through expanded use of
water conservation, water recycling, and improvements in technology.
83002. The sum of six hundred ten million eight hundred ninety
thousand dollars ($610,890,000) is hereby appropriated as follows:
(a) Of the funds made available pursuant to Chapter 1.699
(commencing with Section 5096.800) of Division 5 of the Public
Resources Code, the sum of two hundred million dollars ($200,000,000)
is hereby appropriated as follows:
(1) Pursuant to subdivision (c) of Section 5096.821 of the Public
Resources Code, the sum of fifty million dollars ($50,000,000) to the
department for the acquisition, design, and construction of
essential emergency preparedness supplies and projects in accordance
with that subdivision. Prior to the design or construction of any
project funded pursuant to this paragraph, the California Bay-Delta
Authority, or its successor, shall approve the specific project or
program.
(2) Pursuant to Section 5096.827 of the Public Resources Code, the
sum of one hundred fifty million dollars ($150,000,000) to the
department for grants for stormwater flood management projects that
reduce the risk of flood damage and provide other benefits, including
groundwater recharge, water quality improvement, and ecosystem
restoration. Not less than one hundred million dollars ($100,000,000)
of this amount shall be available for projects that address
immediate public health and safety needs, strengthen existing flood
control facilities to address seismic safety issues, meet immediate
water quality needs related to combined municipal sewer and
stormwater systems to prevent sewage discharges into state waters, or
for stormwater flood protection projects protecting public safety
and property from flood events.
(b) Of the funds made available pursuant to Division 43
(commencing with Section 75001) of the Public Resources Code, the sum
of three hundred ninety-seven million four hundred thousand dollars
($397,400,000) is hereby appropriated as follows:
(1) Pursuant to Section 75022 of the Public Resources Code, the
sum of fifty million dollars ($50,000,000) to the State Department of
Public Health for grants for small community drinking water system
infrastructure improvements and related actions to meet safe drinking
water standards. First priority for these funds shall be given to
disadvantaged or severely disadvantaged communities lacking resources
to provide safe drinking water to residents. Small community
drinking water systems that are dependent on surface water and are
under orders from the State Department of Public Health to boil water
from existing treatment systems for parasites, viruses, or giardia
shall be eligible for grants for drinking water system infrastructure
improvements.
(2) Pursuant to Section 75025 of the Public Resources Code, the
sum of fifty million four hundred thousand dollars ($50,400,000) to
the State Department of Public Health for grants for projects to
prevent or reduce the contamination of groundwater that serves as a
source of drinking water. Funds appropriated by this paragraph shall
be available for projects immediately needed to protect public health
by preventing or reducing the contamination of groundwater that
serves as a major source of drinking water for a community.
(A) The State Department of Public Health shall prioritize project
funding based on the following criteria:
(i) The threat posed by groundwater contamination to the affected
community's overall drinking water supplies, including the need for
the treatment or construction of alternative supplies if groundwater
is not available due to contamination.
(ii) The potential for groundwater contamination to spread and
reduce drinking water supply and water storage capacity for major
population areas.
(iii) The potential of the project, if fully implemented, to
enhance local water supply reliability.
(iv) The potential of the project to increase opportunities for
groundwater recharge and optimization of groundwater supplies.
(B) The State Department of Public Health shall give additional
consideration to projects that meet any of the following criteria:
(i) The project is implemented pursuant to a comprehensive
basinwide groundwater quality management and remediation plan or is
necessary to develop a comprehensive groundwater plan.
(ii) Affected groundwater provides a local supply that, if
contaminated, will require the importation of additional water from
the Sacramento-San Joaquin Delta or the Colorado River.
(iii) The project will serve an economically disadvantaged
community.
(iv) Multiple contaminants affect more than one-third of the well
capacity of a local water system.
(C) Of the amount made available by this section, up to ten
million dollars ($10,000,000) shall be available for projects that
meet the criteria of this section and both of the following criteria:
(i) The potential to leverage funds.
(ii) The project addresses contamination at a site on the list
maintained by the Department of Toxic Substances Control pursuant to
Section 25356 of the Health and Safety Code or a site listed on the
National Priorities List pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec.
9601 et seq.).
(D) Of the funds appropriated by this paragraph, two million
dollars ($2,000,000) shall be allocated to the State Department of
Public Health to contract with the State Water Resources Control
Board for the purposes of Section 83003.
(3) Pursuant to Section 75026 of the Public Resources Code, the
sum of forty million dollars ($40,000,000) to the department for
planning grants and local groundwater assistance grants.
(4) Pursuant to subdivision (d) of Section 75029 of the Public
Resources Code, the sum of fifty million dollars ($50,000,000) to the
department for projects that improve the quality of the drinking
water supply from the Sacramento-San Joaquin Delta in accordance with
that subdivision.
(5) Pursuant to Section 75033 of the Public Resources Code, the
sum of one hundred sixty million dollars ($160,000,000) to the
department and the Central Valley Flood Protection Board, as follows:
(A) Sixty million dollars ($60,000,000) to increase the department'
s ability to respond to levee breaches and to reduce the potential
for levee failure, including, but not limited to, the following:
(i) Acquisition and positioning of emergency construction
materials and equipment.
(ii) Emergency projects to prevent levee failure or repair levees
or other flood control facilities to restore conveyance and flood
protection.
(iii) Preparation for, and implementation of, a delta emergency
operations plan.
(iv) Emergency contracts for activities relating to a flood fight
or levee failure to prevent or mitigate loss of, or damage to, life,
health, property, or essential public services.
(B) One hundred million dollars ($100,000,000) for the
acquisition, preservation, protection, and restoration of
Sacramento-San Joaquin Delta resources in accordance with Section
75033. The department shall expend these funds pursuant to priorities
that reflect the value of the resources and land uses protected by
the levees to the state as a whole, consistent with the Delta Vision.
Projects shall be selected to improve the stability of the delta
levee system, reduce subsidence, and assist in restoring the
ecosystem of the delta. Priority shall be given to projects that
improve conditions for delta smelt and other native fish without
regard to long-term decisions as to the management and conveyance of
water south of the Delta, including, but not limited to, all of the
following projects:
(i) Restoration of floodplain habitat and fish migration through
the Yolo Bypass.
(ii) Restoration of tidal marsh in Suisun Marsh.
(iii) Expedited implementation of Dutch Slough tidal marsh
restoration project.
(iv) Acquisition and restoration of Decker Island.
(v) Restoration and enhancement of the Cache Slough region.
(vi) Implementation of the McCormack Williamson Tract flood
control and ecosystem restoration project.
(6) Pursuant to Chapter 4 (commencing with Section 75041) of
Division 43 of the Public Resources Code, the sum of forty-seven
million dollars ($47,000,000) to the department as follows:
(A) (i) Twelve million dollars ($12,000,000) to complete the
planning and feasibility studies associated with new surface storage
under the California Bay-Delta Program.
(ii) The planning and feasibility studies shall include the
following information:
(I) The identification of specific construction and operation
conditions proposed for each surface storage facility, including
consideration of climate change, an estimated schedule for the
construction and completion of each project funded under Section
75041, and the total costs of constructing each project.
(II) A description of the estimated total costs to construct each
project and an allocation of the costs to public and private
beneficiaries.
(iii) Any feasibility study conducted or funded by the state for
new surface storage under the California Bay-Delta Program shall
evaluate funded projects consistent with all statutory and other
legally established requirements for the protection of environmental
and natural resources, including protections for the McCloud River
pursuant to Section 5093.542 of the Public Resources Code.
(iv) The planning and feasibility studies shall be prepared and
submitted to the Governor and the Legislature no later than December
31, 2008.
(B) (i) Fifteen million dollars ($15,000,000) for planning and
feasibility studies to identify potential options for the reoperation
of the state's flood protection and water supply systems that will
optimize the use of existing facilities and groundwater storage
capacity.
(ii) The studies shall incorporate appropriate climate change
scenarios and be designed to determine the potential to achieve the
following objectives:
(I) Integration of flood protection and water supply systems to
increase water supply reliability and flood protection, improve water
quality, and provide for ecosystem protection and restoration.
(II) Reoperation of existing reservoirs, flood facilities, and
other water facilities in conjunction with groundwater storage to
improve water supply reliability, flood control, and ecosystem
protection and to reduce groundwater overdraft.
(III) Promotion of more effective groundwater management and
protection and greater integration of groundwater and surface water
resource uses.
(IV) Improvement of existing water conveyance systems to increase
water supply reliability, improve water quality, expand flood
protection, and protect and restore ecosystems.
(C) Ten million dollars ($10,000,000)and authorization for up to
10 personnel to begin addressing how the state water system should
respond to climate change, pursuant to the Climate Change and Water
Resource Protection Act of 2008 (Part 1.6 (commencing with Section
10100) of Division 6). Consistent with that act, such funding shall
be used to evaluate climate change impacts, develop strategies to
adapt to climate change impacts, and identify strategies to reduce
greenhouse gas emissions related to the storage, conveyance, and
distribution of water. Of the amount made available by this
subparagraph, the department shall make available two million dollars
($2,000,000) to the State Water Resources Control Board for its
participation in these efforts. The department may transfer funds to
other state agencies and may provide local assistance to local water
agencies for participation in these efforts.
(D) Ten million dollars ($10,000,000) for planning and feasibility
studies to implement the Delta Vision.
(c) Of the funds made available pursuant to subdivision (a) of
Section 79550, the sum of three million four hundred ninety thousand
dollars ($3,490,000) is hereby appropriated to the department for
planning and feasibility studies associated with surface storage
under the California Bay-Delta Program.
83003. To improve understanding of the causes of groundwater
contamination, identify potential solutions and funding sources to
clean up or treat groundwater, and ensure the provision of safe
drinking water to all communities, the State Water Resources Control
Board, in consultation with other agencies as specified in this
section, shall develop pilot projects in the Tulare Lake Basin and
the Salinas Valley that focus on nitrate contamination and do all of
the following:
(a) (1) In collaboration with relevant agencies and utilizing
existing data, including groundwater ambient monitoring and
assessment results along with the collection of new information as
needed, do all of the
following:
(A) Identify sources, by category of discharger, of groundwater
contamination due to nitrates in the pilot project basins.
(B) Estimate proportionate contributions to groundwater
contamination by source and category of discharger.
(C) Identify and analyze options within the board's current
authority to reduce current nitrate levels and prevent continuing
nitrate contamination of these basins and estimate the costs
associated with exercising existing authority.
(2) In collaboration with the State Department of Public Health,
do all of the following:
(A) Identify methods and costs associated with the treatment of
nitrate contaminated groundwater for use as drinking water.
(B) Identify methods and costs to provide an alternative water
supply to groundwater reliant communities in each pilot project
basin.
(3) Identify all potential funding sources to provide resources
for the cleanup of nitrates, groundwater treatment for nitrates, and
the provision of alternative drinking water supply, including, but
not limited to, state bond funding, federal funds, water rates, and
fees or fines on polluters.
(4) Develop recommendations for developing a groundwater cleanup
program for the Central Valley Water Quality Control Region and the
Central Coast Water Quality Control Region based upon pilot project
results.
(b) Create an interagency task force, as needed, to oversee the
pilot projects and develop recommendations for the Legislature. The
interagency task force may include the board, the State Department of
Public Health, the Department of Toxic Substances Control, the
California Environmental Protection Agency, the department, local
public health officials, the Department of Food and Agriculture, and
the Department of Pesticide Regulation.
(c) Submit a report to the Legislature on the scope and findings
of the pilot projects, including recommendations, within two years of
receiving funding.
(d) Implement recommendations in the Central Coast Water Quality
Control Region and the Central Valley Water Quality Control Region
pursuant to paragraph (4) of subdivision (a) within two years of
submitting the report described in subdivision (c) to the
Legislature.
83004. Up to 5 percent of the funds appropriated by this division
may be expended to pay the costs incurred in the administration of
that program.
83005. Funds appropriated by this division shall only be
available for encumbrance until June 30, 2010. On January 10, 2009,
any program that is the recipient of an appropriation made by this
division shall report to the fiscal committees of the Legislature on
the details of all committed and anticipated expenditures of these
funds. The report shall include all of the following information:
(a) Fiscal detail of state operations support and local assistance
costs.
(b) A general description of the project and the project funding
made available by an appropriation in the annual Budget Act for the
2009-10 fiscal year or proposed to be made available in the annual
Budget Act for the 2009-10 fiscal year.
(c) A description of the manner in which funds have been expended
and a plan for the future expenditure of funds.
(d) An anticipated timeframe for the full expenditure of the
appropriation.
(e) An anticipated timeframe for the full completion of the
designated project.
(f) The amount of total matching project funding that is being
provided by an entity other than the state.
83006. The Legislature further finds and declares the following:
(a) At the November 7, 2006, statewide general election, the
voters approved nine billion five hundred thousand dollars
($9,000,500,000) in general obligation bonding authority to improve
flood protection, water supply reliability, water quality, fish and
wildlife, parks and open space, and other natural resources. This is
in addition to the eleven billion one hundred thousand dollars
($11,000,100,000) previously authorized by the voters since 1996 for
similar uses.
(b) The Legislative Analyst reports that at the end of the 2006-07
fiscal year, more than one billion two hundred thousand dollars
($1,000,200,000) of the previously authorized eleven billion one
hundred thousand dollars ($11,000,100,000) had not been appropriated
or otherwise committed for voter-approved uses.
(c) The proceeds of bonds approved by the voters of the state for
water and natural resources should be appropriated and expended for
those uses, as directed by the voters.
