Bill Text: CA SB659 | 2023-2024 | Regular Session | Chaptered

California Senate Bill 659

Bill Title: California Water Supply Solutions Act of 2023.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State. Chapter 624, Statutes of 2023. [SB659 Detail]

Download: California-2023-SB659-Chaptered.html

Senate Bill No. 659

CHAPTER 624

An act to amend Section 10004 of, and to add Section 10004.7 to, the Water Code, relating to groundwater.

[ Approved by Governor October 08, 2023. Filed with Secretary of State October 08, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 659, Ashby. California Water Supply Solutions Act of 2023.

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 establish an advisory committee, composed of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of 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.

This bill would establish the California Water Supply Solutions Act of 2023 to require the department, as part of the 2028 update, and each subsequent update thereafter to the California Water Plan, to provide actionable recommendations to develop additional groundwater recharge opportunities that increase the recharge of the state’s groundwater basins, as provided. The bill would require the department to consult with the State Water Resources Control Board, the 9 regional water quality control boards, and the advisory committee, which may be enlarged as provided, in carrying out these provisions. The bill would require the recommendations to identify immediate opportunities and potential long-term solutions to increase the state’s groundwater supply, and include, among other things, best practices to advance all benefits of groundwater recharge, 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.

This act shall be known, and may be cited, as the California Water Supply Solutions Act of 2023.

SEC. 2.

Section 10004 of the Water Code is amended to read:

10004.

(a) The plan for the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state which is set forth and described in Bulletin No. 1 of the State Water Resources Control Board entitled “Water Resources of California,” Bulletin No. 2 of the State Water Resources Control Board entitled, “Water Utilization and Requirements of California,” and Bulletin No. 3 of the department entitled, “The California Water Plan,” with any necessary amendments, supplements, and additions to the plan, shall be known as “The California Water Plan.”

(b) (1) The department shall update The California Water Plan on or before December 31, 2003, and every five years thereafter. 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 the session in which the updated plan is issued.

(2) (A) The department shall establish an advisory committee, comprised of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of The California Water Plan. The department shall consult with the advisory committee in carrying out this section. The department shall provide written notice of meetings of the advisory committee to any interested person or entity that request the notice. The meetings shall be open to the public.

(B) The department may add members to the advisory committee to carry out the purposes of Section 10004.7. Additional 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.

(3) 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 shall consider these comments in the preparation of the final publication of The California Water Plan, as updated.

SEC. 3.

Section 10004.7 is added to the Water Code, to read:

10004.7.

(a) (1) The department, as part of the 2028 update, and each subsequent update thereafter, to The California Water Plan required pursuant to Section 10004, shall utilize its expertise in sustainable groundwater management to provide actionable recommendations to develop additional groundwater recharge opportunities that increase the recharge of the state’s groundwater basins without reducing the amount of water available for environmental purposes or any other purpose allowed under state law.

(2) The department shall consult with the state board, the nine regional water quality control boards, and the advisory committee established pursuant to subdivision (b) of Section 10004 in carrying out this section.

(3) The recommendations shall identify immediate opportunities and potential long-term solutions to increase the state’s groundwater supply, with a priority on multibenefit projects. The recommendations shall include all of the following:

(A) An estimate of the volume of recharge that could potentially be realized by the enactment of the recommendations.

(B) A discussion of the variability of the quantities of water potentially available for recharge given varying hydrogeologic environments.

(D) A discussion of the possible financial or regulatory incentives that could support the development of recharge projects.

(E) An identification of locations and a description of how groundwater recharge at those locations can protect access to safe drinking water and provide water quality benefits.

(F) An identification of best practices to advance all benefits of groundwater recharge, including, but not limited to:

(i) Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3.

(ii) Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity to drinking water wells.

(4) The department shall, to the extent feasible, evaluate the potential economic and noneconomic costs and benefits of implementing the recommendations.

(b) Nothing in this section shall do any of the following:

(1) Limit or reduce the existing surface storage of water.

(2) Affect or change any water right.

(3) Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used.

(1) “Groundwater recharge” means a process where water moves down from the ground surface or the bottom of a waterway and infiltrates an underlying aquifer. Groundwater recharge actions include increasing the amount of raw, treated, or recycled water in the groundwater basins through human-controlled means, including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, stormwater capture, flood managed basins, and in-lieu recharge.

(2) “Groundwater supply” means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the state’s future.