Amended  IN  Assembly  June 19, 2023
Amended  IN  Senate  April 20, 2023
Amended  IN  Senate  March 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 231

Introduced by Senator Hurtado

January 23, 2023

An act to amend Section 531.5 add Article 2.2 (commencing with Section 240) to Chapter 2.5 of Division 1 of the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


SB 231, as amended, Hurtado. Water measurement. Department of Water Resources: water supply forecasting.
Existing law requires the Department of Water Resources to gather and correlate information and data pertinent to an annual forecast of seasonal water crop. Existing law also requires the department to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as “The California Water Plan.”
This bill would require the department, on or before December 31, 2025, to establish a formal process for annually evaluating and improving the accuracy of its water supply forecasts, adopt a new water supply forecasting model that better addresses the effects of climate change, implement a formal policy and procedures for documenting its operational plans for the state’s water supply and its rationale for its operating procedures, and develop a comprehensive, long-term plan for mitigating and responding to the effects of drought. The bill would require the department to prepare, and submit to the Legislature, quarterly reports on its progress toward meeting these requirements. The bill would require the department to review and update the plan for mitigating and responding to the effects of drought on or before December 31, 2026, and annually thereafter.
The bill would require the department, commencing in 2026 and annually thereafter, to present specified information at an open and public meeting, including the department’s operational decisions and their rationale for the state’s water supply during the preceding water year. The bill would require the department to include the information presented at the meeting in a report, make the report publicly available on the department’s internet website, and submit the report to the Legislature.

Existing law requires the Department of Water Resources, the State Water Resources Control Board, and the State Department of Public Health to coordinate the collection, management, and use of agricultural and urban water measurement information provided to each agency. Existing law requires the board, in collaboration with the Department of Water Resources, the California Bay-Delta Authority or its successor agency, and the State Department of Public Health, to prepare and submit a report to the Legislature by January 1, 2009, evaluating the feasibility, estimated costs, and potential means of financing a coordinated water measurement database.

This bill would require the board, in collaboration with the Department of Water Resources and the Delta Stewardship Council or its successor agency, to prepare and submit an update to the report to the Legislature by January 1, 2025, evaluating the feasibility, estimated costs, and potential means of financing a coordinated water measurement database, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 2.2 (commencing with Section 240) is added to Chapter 2.5 of Division 1 of the Water Code, to read:
Article  2.2. Water Supply Forecasting

240.
 (a) On or before December 31, 2025, the department shall do all of the following:
(1) Establish a formal process for annually evaluating the accuracy of the department’s water supply forecasts, developing plans for the improvement of the forecasts, and implementing those plans.
(2) Adopt a new water supply forecasting model and procedures that better address the effects of climate change on the state’s water supply.
(3) Implement a formal policy and procedures for documenting the department’s operational plans for the state’s water supply and the department’s rationale for its operating procedures, including the department’s rationale for water releases from reservoirs.
(4) Develop a comprehensive, long-term plan for mitigating and responding to the effects of drought.
(b) (1) The department shall prepare quarterly reports on its progress toward meeting the requirements set forth in subdivision (a). These progress reports shall include a description of the methodology and procedures used by the department for purposes of the actions required pursuant to subdivision (a).
(2) The department shall provide an opportunity for stakeholders, federal, state, and local agencies, and other members of the public to comment on the progress reports prepared pursuant to paragraph (1).
(3) The department shall provide the progress reports to the Legislature pursuant to Section 9795 of the Government Code and shall make the progress reports publicly available on the department’s internet website.
(c) On or before December 31, 2026, and annually thereafter, the department shall review and update the plan for mitigating and responding to the effects of drought developed pursuant to subdivision (a).

241.
 (a) (1) Commencing in 2026, and annually thereafter, the department shall present, at an open and public meeting, all of the following information to stakeholders, representatives of relevant governmental agencies, and other members of the public:
(A) The department’s operational decisions and their rationale for the state’s water supply during the preceding water year.
(B) Implementation of the water supply forecasting model and procedures adopted pursuant to Section 240.
(C) Any updates to the plan for mitigating and responding to the effects of drought developed pursuant to Section 240.
(2) At least 60 days before the meeting is held, the department shall make the date, time, and location of the presentation publicly available on its internet website.
(b) The department shall include the information presented pursuant to subdivision (a) in an annual report, which shall be made publicly available on the department’s internet website. The department shall submit the report to the Legislature pursuant to Section 9795 of the Government Code.

SECTION 1.Section 531.5 of the Water Code is amended to read:
531.5.

(a)(1)The board, in collaboration with the department, the authority or its successor agency, and the State Department of Public Health, shall prepare and submit a report to the Legislature by January 1, 2009, evaluating the feasibility, estimated costs, and potential means of financing a coordinated water measurement database. The evaluation shall include, but is not necessarily limited to, agricultural and urban water measurement data related to deliveries, diversions, licenses, permits, and other information received by these state agencies that supports effective state and regional water management planning and decisionmaking. The evaluation shall also consider how the database can provide information to address impacts related to climate change mitigation and adaptation.

(2)The board, in collaboration with the department and the Delta Stewardship Council or its successor agency, shall prepare and submit an update to the report required by paragraph (1) by January 1, 2025, evaluating the feasibility, estimated costs, and potential means of financing a coordinated water measurement database. The evaluation shall include the same elements described in paragraph (1).

(b)The reports required by subdivision (a) shall consider coordinating the collection and sharing of data through the use of technologies used by the National Environmental Information Exchange Network and the existing data exchange infrastructure of the involved agencies.

(c)(1)The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.

(2)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.