Bill Text: CA AB2595 | 2011-2012 | Regular Session | Amended
Bill Title: Desalination.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB2595 Detail]
Download: California-2011-AB2595-Amended.html
BILL NUMBER: AB 2595 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 14, 2012
AMENDED IN ASSEMBLY MAY 1, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Hall
(Coauthor: Senator Price)
FEBRUARY 24, 2012
An act to add Section 35616 to the Public Resources Code, relating
to water , and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 2595, as amended, Hall. Desalination.
The Cobey-Porter Saline Water Conversion Law authorizes the
Department of Water Resources, either independently or in cooperation
with public or private entities to conduct a program of
investigation, study, and evaluation in the field of saline water
conversion, to provide assistance to persons or entities seeking to
construct desalination facilities, and after submission of a written
report and upon appropriation from the Legislature, to finance,
construct, and operate saline water conversion facilities. Existing
law required the department, not later than July 1, 2004, to report
to the Legislature on potential opportunities and impediments for
using seawater and brackish water desalination, and to examine what
role, if any, the state should play in furthering the use of
desalination technology. Existing law also required the department to
convene a Water Desalination Task Force, comprised of
representatives from listed agencies and interest groups, to advise
the department in carrying out these duties and in making
recommendations to the Legislature.
The California Ocean Protection Act establishes the Ocean
Protection Council in state government. Existing law requires the
Ocean Protection Council to coordinate activities of state agencies
that are related to the protection and conservation of coastal waters
and ocean ecosystems to improve the effectiveness of state efforts
to protect ocean resources within existing fiscal limitations, to
establish policies to coordinate the collection, evaluation, and
sharing of scientific data related to coastal and ocean resources
among agencies, and to identify and recommend to the Legislature
changes in law needed to achieve these goals.
This bill would require the council to report to the Legislature,
by December 31, 2014, on opportunities for streamlining
improving the current statewide permitting
processes for seawater desalination facilities , including
an evaluation of impediments to desalination projects relative to the
current permitting process and to recommend potential
administrative and legislative actions for improving the permitting
process while maintaining current regulatory protections. The bill
would require the council chair of the
council to select a member of the council to be the chair of the
Seawater Desalination Permit Improvement Task Force. This
bill would require the chair of the task force to convene the
Seawater Desalination Permit Improvement Task Force to review the
current permitting processes required by all state regulatory
agencies for the planning, design, construction, monitoring, and
operation of seawater desalination facilities, to identify
opportunities for improving the permitting process, and to advise the
council in making the report.
Existing law, the Water Security, Clean Drinking Water, Coastal
and Beach Protection Act of 2002, an initiative measure approved by
the voters as Proposition 50 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, of which
$100,000,000 is available, upon appropriation by the Legislature, to
the department for grants for specified projects, including, but not
limited to, at least $50,000,000 for the desalination of ocean or
brackish waters, as prescribed.
This bill would appropriate $250,000 of these funds to the
department to pay the costs of convening the Seawater Desalination
Permit Improvement Task Force and preparation of the report.
Vote: majority. Appropriation: yes no
. 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) A growing population, climate change uncertainty, and the need
to grow the state's economy while protecting and restoring our fish
and wildlife habitats make it essential that the state manage its
water resources as efficiently as possible.
(b) Diversifying regional water supply portfolios will increase
water supply reliability and advance state policies for regional
self-sufficient water supplies. In addition to stormwater capture,
water recycling, and conservation, water suppliers ,
as defined in subdivision (b) of Section 1745 of the Water Code,
located in coastal areas are considering seawater desalination
to help diversify their water supply portfolios. These water
suppliers include seawater desalination as potential future supplies
in their most recent urban water management plans. Seawater
desalination projects are also elements of several integrated
regional water management plans.
(c) In addition to providing much needed water supply reliability
against future uncertainties, seawater desalination projects have the
potential to create new jobs in the state over the next 10 years and
generate much needed investment in local economies. Reverse osmosis
and other seawater desalination technologies were pioneered and
developed in California, and desalination technology remains an
important industrial sector in San Diego County and other regions.
(d) Proponents for seawater desalination projects must obtain
close to 30 local, state, and federal permits and related approvals.
The procedure for obtaining key state permits is not always clear,
and there can be significant redundancy in the requirements between
some of the permitting agencies. As a result, both the cost and the
timeframe for obtaining state permits has become a potential
impediment for some proposed desalination projects.
(e) As a result of Chapter 62 of the Statutes of 2003 (Senate Bill
600), a Water Desalination Task Force was convened and it delivered
a report to the Legislature that included the following
recommendation: "To improve communication, cooperation, and
consistency in permitting processes, encourage review processes for
each desalination project to be coordinated among regulators and the
public."
(f) Section 12947 of the Water Code states the intent of the
Legislature that the Department of Water Resources undertake to find
economic and efficient methods of desalting saline water so that
desalted water may be made available to help meet the growing water
requirements of the state.
(g) Existing law requires the State Water Resources Control Board
to formulate and adopt a water quality control plan for ocean waters
of the state known as the California Ocean Plan. The board is
currently updating the California Ocean Plan with environmentally
protective, science-based regulations, specifically for seawater
desalination projects. These new regulations will be implemented
through existing national pollutant discharge elimination system
(NPDES) permits managed by regional water quality control boards.
SEC. 2. Section 35616 is added to the Public Resources Code, to
read:
35616. (a) (1) Not later than December 31, 2014, the Ocean
Protection Council shall report to the Legislature on opportunities
for improving the current statewide permitting processes for seawater
desalination facilities in California. The report shall investigate
opportunities to improve the process. The report shall also recommend
potential administrative and legislative actions for improving the
permitting process while maintaining current regulatory protections.
(2) The report submitted pursuant to this subdivision shall comply
with Section 9795 of the Government Code.
(3) This subdivision shall become inoperative on January 1, 2018,
pursuant to Section 10231.5 of the Government Code.
(b) The Ocean Protection Council shall convene a task force, to be
known as the Seawater Desalination Permit Improvement Task Force, to
review the current permitting processes required by all state
regulatory agencies for the planning, design, construction,
monitoring, and operation of seawater desalination facilities, to
identify opportunities for improving the permitting process, and to
advise the Ocean Protection Council in implementation of subdivision
(a), including making recommendations to the Legislature on the
following:
(1) Establishing a clear permit process.
(2)
(1) Defining the regulatory scope for each permitting
agency.
(3) Eliminating redundant requirements between California
permitting agencies.
(4)
(2) Describing the data needed to complete each permit.
(5)
(3) Developing best practices for communication among
regulatory agencies and the regulated community.
(6)
(4) Ensuring that any recommended changes do not
negatively affect current regulatory protections or the independent
review of an independent agency.
(c) (1) The recommendations developed by the Seawater Desalination
Permit Improvement Task Force shall focus on how state regulations
are applied by permitting agencies and commissions during the
permitting process.
(2) The recommended actions should review the scope for each
permitting agency and commission, without negatively affecting
current regulatory protections or the independent review of an
independent agency.
(3) The recommended actions shall accommodate any new policies
developed by the State Water Resources Control Board for the
California Ocean Plan, the Department of Water Resources for the 2013
California Water Plan, and any other relevant agency.
(4) The recommended actions should be made in consideration of the
2004 Seawater Desalination and the California Coastal Act report
prepared by the California Coastal Commission, the 2003 report
prepared by the California Water Desalination Task Force pursuant to
Chapter 957 of the Statutes of 2002, and the 2008 California
Desalination Planning Handbook prepared by the Center for
Collaborative Policy at California State University, Sacramento.
(5) The recommendations shall discuss how the desalination should
fit in as an element of a balanced state water portfolio that
includes conservation and water recycling to the maximum extent
possible.
(d) (1) In addition to the Ocean Protection Council, the Seawater
Desalination Permit Improvement Task Force shall include one
representative from each of the following state entities:
(A) Department of Water Resources.
(B) State Water Resources Control Board.
(C) California Coastal Commission.
(D) State Lands Commission.
(E) State Department of Public Health.
(2) The Seawater Desalination Permit Improvement Task Force shall
include one representative from each of the following, as determined
by the Ocean Protection Council:
(A) Commission for Economic Development.
(B) State Energy Resources Conservation and Development
Commission.
(C) A recognized environmental advocacy group.
(D) Three separate and broadly recognized environmental advocacy
groups that focus on coastal protection.
(E) A water purveyor, as defined in Section 512 of the Water Code,
that is a public entity, as defined in Section 514 of the Water
Code, that is developing or proposing to develop a seawater
desalination facility.
(F) An entity that supplies water at wholesale to urban water
suppliers, as defined in Section 10617 of the Water Code.
(G) A nonprofit association created to further the use of seawater
desalination that includes both private and public members.
(H) A recognized environmental justice advocacy group.
(I) A recognized business advocacy group.
(J) A recognized organization representing public union members.
(K) A recognized organization representing private union members.
(L) California Environmental Protection Agency.
(M) Natural Resources Agency.
(N) Department of Parks and Recreation.
(O) Department of Fish and Game.
(P) A recognized nonprofit association representing water
companies regulated by the Public Utilities Commission.
(3) The Seawater Desalination Permit Improvement Task Force shall
include one representative from each coastal regional water quality
control board provided that representatives are available to
participate.
(4) A member of the Seawater Desalination Permit Improvement Task
Force may appoint an alternate to represent the member at a meeting
of the task force.
(5) A representative of the Ocean Protection Council
The chair of the Seawater Desalination Permit
Improvement Task Force shall be a member of the Ocean Protection
Council selected by the chair of the Ocean Protection Council. The
chair of the Seawater Desalination Permit Improvement Task Force
shall convene the Seawater Desalination Permit Improvement Task
Force and act as chair of the task force .
(6) The representatives identified in paragraphs (2) and (3) shall
have a nonvoting advisory role.
(e) The report required in paragraph (1) of subdivision (a) shall
be adopted by majority vote of the representatives identified in
paragraphs (1) and (5). In the case of a tie vote, the chair shall
vote again to break the tie.
(f) Pursuant to Section 79545, the sum of two hundred fifty
thousand dollars ($250,000) is hereby appropriated to the Department
of Water Resources for expenditure by the department to pay the costs
for convening the Seawater Desalination Permit Improvement Task
Force and for preparation of the report pursuant to subdivision (a).
