Bill Text: CA SB366 | 2023-2024 | Regular Session | Amended
Bill Title: The California Water Plan: long-term supply targets.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2024-04-08 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on W., P., & W. [SB366 Detail]
Download: California-2023-SB366-Amended.html
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Amended
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Assembly
April 08, 2024 |
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Amended
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Assembly
June 29, 2023 |
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Amended
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May 23, 2023 |
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Amended
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Senate
April 27, 2023 |
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Amended
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Senate
March 22, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 366
| Introduced by Senator Caballero (Coauthors: Senators Ochoa Bogh, Roth, and Seyarto) (Coauthors: Assembly Members Essayli and Blanca Rubio) |
February 08, 2023 |
An act to amend Section 10004.6 of, to repeal Sections 10004.5, 10005, and 10013 of, and to repeal and add Section 10004 of, the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 366, as amended, Caballero.
The California Water Plan: long-term supply targets.
Existing law requires the Department of Water Resources 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.” Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued in order to meet the future needs of the state. Existing law requires the department to establish an advisory committee to assist the department in updating the plan.
This bill would revise and recast certain provisions regarding The California Water
Plan to, among other things, require the department to instead establish a stakeholder advisory committee and to expand the membership of the committee to include tribes, labor, and environmental justice interests. The bill would require the department to coordinate with the California Water Commission, the State Water Resources Control Board, other state and federal agencies as appropriate, and the stakeholder advisory committee to develop a comprehensive plan for addressing the state’s water needs and meeting specified long-term water supply targets established by the bill for purposes of The California Water Plan. The bill would require the plan to provide recommendations and strategies to ensure enough water supply for all designated beneficial uses. The bill would require the plan to include specified components, including a discussion of various strategies that may be pursued in order to meet the
water supply targets and an economic analysis. targets, a discussion of agricultural water needs, and an analysis of the costs and benefits of achieving the water supply targets. The bill would require the department to submit to the Legislature an annual report between updates to the plan that includes progress made toward meeting the water supply targets once established, as specified. The bill would also require the department to conduct public workshops to give interested parties an opportunity to comment on the plan and to post the preliminary draft of the plan on the department’s internet website.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) To thrive as a state, California needs a reliable supply of water for urban, agricultural, and environmental uses that is resilient to climate change.
(b) California’s existing water usage is highly reliant on capturing the snow melt on an annual basis. That water is stored in lakes, reservoirs, and groundwater basins and is then transported around the state for environmental, residential, business, and agricultural use when needed.
(c) California has the
most intricate and elaborate system of water conveyance in the world.
(d) Dependent on the extent of drought or flood conditions, the Department of Water Resources has calculated that the volume of water used by people in California for agricultural, urban, and environmental purposes ranges from 60,000,000 acre-feet per year to 90,000,000 acre-feet per year.
(e) Per capita water use has declined over time, thanks to a conservation ethic encouraged by water agencies and other stakeholders, water-saving indoor plumbing fixtures and appliances, better leak detection, and efforts to reduce outdoor water use.
(f) Water use also has significantly declined in the agricultural sector thanks to proactive steps taken by irrigation
districts and farmers, such as installing drip irrigation systems.
(g) California is experiencing significant impacts of a changing climate on our water supply systems and environment, including fisheries and ecosystems.
(h) According to the Department of Water Resources, hotter and drier weather is estimated to diminish our existing water supply even further and likely by 10 percent.
(i) A 10-percent loss could mean the disappearance of about 6,000,000 acre-feet to 9,000,000 acre-feet of water supply.
(j) Many rivers, lakes, and estuaries are being impacted by declining water quality, including increases in harmful algal blooms.
(k) The California central valley has a groundwater overdraft of 2,000,000 to 3,000,000 acre-feet of water.
(l) Following more than two decades of “megadrought” in the Colorado Basin, reservoir levels are so low that supply cuts are likely.
(m) California’s precipitation is changing from seasonal snow in the Sierra to periods of substantial rainfall, including from atmospheric rivers.
(n) The shift to drier dry years and wetter wet years makes it imperative that the state of California develop comprehensive wet year strategies that take full advantage of times of abundance, while also ensuring public safety from floods.
(o) California is the nation’s agricultural powerhouse, accounting for 12 percent of agricultural production in 2021, including more than 70 percent of the nation’s fruits and nuts.
(p) The agricultural sector produces annual revenues of more than $50 billion, employs more than 420,000 people, and supports large food and beverage processing industries.
(q) The Department of Water Resources describes a statewide capacity in groundwater basins in the range of 1,000,000,000 acre-feet or approximately 20 times the total surface water storage capacity statewide.
(r) California is the home to cutting-edge job-creating industries, such as those in Silicon Valley and
southern California’s biotech industry.
(s) Local and regional water suppliers are at the forefront of implementing projects to build resiliency, but need additional support from the state and federal governments through funding and regulatory frameworks that are adapted for the new climate reality.
(t) It is essential for our economy, environment, and well-being that California increases the resilience of the state’s water supplies.
(u) The implementation of projects to increase the resilience of the state’s water supplies can also create good jobs for California workers.
(v) Governor Gavin Newsom released “California’s Water Supply Strategy:
Adapting to a Hotter, Drier Future” in August 2022 that began to outline strategies for increasing California’s water supply and streamlining approvals, but California must make a historic change in the state’s comprehensive water plan and how water is provided for environmental, residential, business, and agricultural uses.
(w) The Sacramento-San Joaquin Delta Reform Act of 2009 establishes a state policy to meet California’s future water needs through the coequal goals for the Delta of increased water supply reliability and the Sacramento-San Joaquin Delta ecosystem restoration.
(x) The State Water Resources
Control Board and other authorities estimate that over one million Californians lack access to safe and affordable drinking water.
SEC. 2.
Section 10004 of the Water Code is repealed.SEC. 3.
Section 10004 is added to the Water Code, to read:10004.
(a) The department shall develop a comprehensive plan for addressing the state’s water needs and meeting the long-term water supply targets established in Section 10004.6, which shall be known as “The California Water Plan.” The plan shall provide recommendations and strategies to ensure enough water supply for all designated beneficial uses, including, but not limited to, compliance with Division 35 (commencing with Section 85000).(b) The department shall coordinate with the California Water Commission, the board, other state and federal agencies as appropriate, and the stakeholder advisory committee outlined in subparagraph (A) of paragraph (3) of subdivision (f) to develop the plan.
(c) It is hereby declared that the people of the state have a primary interest in the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state by all individuals and entities and that it is the policy of the state that The California Water Plan, with any necessary amendments, supplements, and additions to the plan, is accepted as
the master plan that guides the orderly and coordinated control, protection, conservation, development, management, and efficient utilization of the water resources of the state.
(d) The department shall update The California Water Plan on or before December 31, 2028, and every five years thereafter. Each update of the plan shall include the following components:
(1) (A) A discussion of various strategies, including, but not limited to, those relating to the development of new surface and groundwater water storage facilities, water conservation, groundwater recharge, water recycling, desalination,
conjunctive use, improved regional and statewide conveyance, stormwater capture, water transfers, compliance with Division 35 (commencing with Section 85000), and demand management activities that may be pursued in order to meet the water supply targets developed by the department. department and the coequal goals for the Sacramento-San Joaquin Delta. The department shall also include a discussion of options to finance projects within the various strategies and the potential for alternative water pricing policies to change current and projected uses. The department shall include in the plan a discussion of the potential advantages and disadvantages of
each strategy, how to maximize the strategy for long-term sustainability, how innovation and research can spur the implementation of each strategy, and an identification of all federal and state permits, approvals, or entitlements that may be required in order to implement the various components of the strategy.
(B) In carrying out this chapter, a public water system, irrigation district, or wastewater service provider shall not be required to implement a specific strategy or project.
(2) A discussion of environmental needs, including requirements for instream
flows, freshwater flows to the Delta and San Francisco Bay, flows, and the needs of managed wetlands to help protect and restore instream designated beneficial uses and the communities and jobs that depend on a healthy Bay-Delta environment. The department may incorporate by reference information developed by the board and the Department of Fish and Wildlife. department’s discussion shall rely on
the best available peer-reviewed scientific information.
(3)An economic analysis of the costs and impacts to the state if it has inadequate water supplies to meet sustainable demands for all sectors of the economy, human consumption, and the environment in the next 10-, 20-, and 30-year scenarios. The analysis shall include a range of water supply shortfall projections and water supply shortage scenarios for urban, agricultural, environmental and ecosystem water needs. The department may consider existing planning documents, such as water shortage contingency plans, urban water management plans, and agricultural water management plans. The analysis also shall include the impacts of possible rationing for various agricultural, industrial, commercial, and residential customer classes, and the impact on jobs.
(3) A discussion of urban sector water needs, including maintaining tree health, residential and commercial landscapes, single-family and multifamily housing needs, community open green spaces, and a world class economy.
(4) A discussion of agricultural water needs, including maintaining a viable and
sustainable food supply, restoring groundwater tables, agricultural water use efficiency, surface water reliability for irrigation purposes, and an assessment of communities that rely directly and indirectly on agricultural activities for their livelihood.
(5) An analysis of the costs and benefits of achieving the water supply targets developed by the department or established in statute, including a cost-benefit analysis of various strategies and projects necessary to meet those supply targets. The cost-benefit analysis shall take into account the water needs of the economy, disadvantaged communities, and the environment. The department shall also consider and incorporate into the analysis, if appropriate, existing studies or planning documents that quantify the costs and impacts to the state if it has inadequate water supplies to meet
sustainable demands for all sectors.
(4)
(6) A report on the development of regional and local water projects within each hydrologic region of the state to improve water supplies to meet municipal, agricultural, and environmental water needs, meet the water supply targets, and minimize the need to import water from other hydrologic regions.
(e) The declaration set forth in subdivision (c) does not constitute approval for the construction of specific projects or routes for transfer of water, or for financial
assistance, by the state without further legislative action, nor shall the declaration be construed as a prohibition of the development of the water resources of the state by any entity.
(f) (1) Notwithstanding Section 10231.5 of the Government Code, the department shall report the amendments, supplements, and additions included in the updates of The California Water Plan, together with a summary of the department’s conclusions and recommendations, to the Legislature, in compliance with Section 9795 of the Government Code, in the session in which the updated plan is issued.
(2) The department shall submit to the Legislature an annual report between updates to the plan that includes progress made toward meeting the water supply targets once
established. The Legislature may hold a hearing to review and accept public testimony on the report. The report shall include the list of recommended actions that require legislative intervention and those that can be implemented by the department or other state agencies. The written report shall be posted on the department’s internet website.
(3) (A) The department, in consultation with the California Water Commission, shall establish a stakeholder advisory committee, comprised of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and tribes, labor representatives from building and construction trades, representatives of environmental justice and environmental interests, and other interested parties, to provide substantive input to assist the department
in updating The California Water Plan. The department shall consult with and
consider recommendations from the advisory committee in carrying out this section. The department shall accept applications for the stakeholder advisory committee before each update and ensure a balanced representation of members. The department shall provide written notice of meetings of the advisory committee to any interested person or entity that requests the notice. The meetings shall be open to the public.
(B) The department also shall seek out and consider all relevant information from retail and wholesale water agencies, agriculture, business, labor, tribes, environmental and environmental justice communities, and any other communities potentially impacted by the plan and from researchers and experts on climate science, climate science
solutions, water storage, water conveyance, and
environmental protection.
(C) The department may add members to the stakeholder advisory committee to carry out the purposes of Section 10004.7. Additional stakeholder advisory committee members may include those from environmental justice sectors, local water supply agencies, and researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.
(4) In preparing any update of The California Water Plan, the department shall conduct a series of public workshops to give interested parties an opportunity to comment on the plan. The department shall conduct a portion of these workshops in regions of the state that have been impacted the most by drought and
other weather extremes, including, but not limited to, communities with minority populations, communities with low-income populations, or both.
(5) The department shall release a preliminary draft of The California Water Plan, as updated, upon request, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department also shall post the preliminary draft on the department’s internet website. The department shall consider these comments in the preparation of the final publication of The California Water Plan, as updated.
(g) In carrying
out this section, the department shall acknowledge state and federal requirements impacting the urban, agricultural, and environmental sectors at the time of the update.
(h) Nothing in The California Water Plan shall be construed as a regulatory requirement.
SEC. 4.
Section 10004.5 of the Water Code is repealed.SEC. 5.
Section 10004.6 of the Water Code is amended to read:10004.6.
(a) As part of the 2028 update of The California Water Plan, the department shall conduct a study to determine the amount of additional water needed to meet the state’s future water needs and to establish a long-term water supply target for 2050. The target shall ensure sufficient water for all designated beneficial uses, recognize the impacts of climate change on the state’s water resources, support a sustainable(1) Basin hydrology, including annual rainfall, estimated unimpaired streamflow, depletions, and consumptive uses.
(2) Groundwater supplies, including estimates of sustainable yield, supplies necessary to recover overdraft basins, and supplies lost due to pollution and other groundwater contaminants.
(3) Current and projected land use patterns, including the mix of residential, commercial, industrial, agricultural, and undeveloped lands.
(4) Environmental water needs, The supplies needed to meet environmental requirements
at the time of the update, including regulatory instream flow requirements, nonregulated instream uses, and water needs by wetlands, preserves, refuges, and other managed and unmanaged natural resource lands.
(5) Opportunities for demand management.
(6) Current and projected population.
(7) Current and projected water use for all of the following:
(A) Interior uses in a single-family dwelling.
(B) Exterior uses in a single-family dwelling.
(C) All uses in a multifamily dwelling.
(D) Commercial uses.
(E) Industrial uses.
(F) Parks and open spaces.
(G) Agricultural water diversion and use.
(8) Evapotranspiration rates for major crop types, including estimates of evaporative losses by irrigation practice and the extent to which evaporation reduces transpiration.
(9) Current and projected adoption of urban and agricultural conservation practices.
(10) Current and projected supplies of water provided by water recycling and reuse.
(11) Current
and projected water and infrastructure needs of disadvantaged communities communities, as defined in Section 79505.5, served by public water systems, state small water systems, and individual domestic wells, including, but not limited to, access to safe and affordable drinking water and sanitation, water quality, and water supply. The department may incorporate by reference the State Water Resources Control Board’s Drinking Water Needs Assessment or other available relevant assessments or reports.
(12) Climate change impacts by region and resulting water supply trends, including
changes in timing and intensity of snowmelt runoff.
(b) The department shall include a discussion of the potential for alternative water pricing policies to change current and projected water uses identified pursuant to paragraph (7) of subdivision (a).
(c) As part of the 2028 update to the plan, the department shall include a water supply planning interim target of 10,000,000 acre-feet of additional water by 2040 which, in addition to traditional sources of supply, includes water that contributes to that supply through conservation efforts, stormwater capture, graywater, and recycled water.
(d) This section does not require or prohibit the department from updating any data necessary to update The California
Water Plan pursuant to subdivision (d) of Section 10004.
