BILL NUMBER: AB 1242 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN SENATE AUGUST 19, 2015
AMENDED IN SENATE JULY 16, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
INTRODUCED BY Assembly Member Gray
FEBRUARY 27, 2015
An act to amend Se ction 39719 of the Health and
Safety Code, and to add Section 13145.5 to
to, and to add Chapter 4.5 (commencing with Section 430) to
Division 1 of, the Water Code, relating to water
quality. water, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1242, as amended, Gray. Water quality: groundwater
impacts. Water quality and storage.
(1) Existing law establishes the Department of Water Resources in
the Natural Resources Agency, and, among other things, empowers the
department to conduct investigations of all or any portion of any
stream, stream system, lake, or other body of water.
Existing law requires all moneys, except for fines and penalties,
collected by the State Air Resources Board from the auction or sale
of allowances as part of a market-based compliance mechanism relative
to reduction of greenhouse gas emissions to be deposited in the
Greenhouse Gas Reduction Fund.
This bill would require the department to increase statewide water
storage capacity by 25% by January 1, 2025, and 50% by January 1,
2050, as specified. The bill would require the department, on or
before January 1, 2017, to identify the current statewide water
storage capacity and prepare a strategy and implementation plan to
achieve those expansions in statewide water storage capacity, and
would require the department to update the strategy and
implementation plan on January 1, 2018, and every 2 years thereafter,
until January 1, 2050. The bill would require the Legislative
Analyst's Office to report to the Legislature on January 1, 2020, and
every 5 years thereafter, until January 1, 2050, on the department's
progress on achieving those required increases in statewide water
storage capacity, as specified. The bill would, beginning in the
2016-17 fiscal year, continuously appropriate 25% of the annual
proceeds of the Greenhouse Gas Reduction Fund to the department to
comply with these requirements.
Existing
(2) Existing law establishes the
State Water Resources Control Board and the 9 California regional
water quality control boards as the principal state agencies with
authority over matters relating to water quality. Existing law
requires the state board to formulate and adopt state policy for
water quality control. Existing law requires each regional board to
formulate and adopt water quality control plans for all areas within
the region and prohibits a water quality control plan, or a revision
of the plan, adopted by a regional board, from becoming effective
unless it is approved by the state board.
Existing law, the Sustainable Groundwater Management Act, requires
all groundwater basins designated as high- or medium-priority basins
by the Department of Water Resources that are designated as basins
subject to critical conditions of overdraft to be managed under a
groundwater sustainability plan or coordinated groundwater
sustainability plans by January 31, 2020, and requires all other
groundwater basins designated as high- or medium-priority basins to
be managed under a groundwater sustainability plan or coordinated
groundwater sustainability plans by January 31, 2022, except as
specified.
This bill would require the state board, in formulating state
policy for water quality control and adopting or approving a water
quality control plan for the Sacramento-San Joaquin Delta, to take
into consideration, consistent with the requirements of the
California Environmental Quality Act, any applicable groundwater
sustainability plan or alternative and available information and data
regarding the impacts of groundwater use and management on
beneficial uses of surface waters.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 39719 of the Health
and Safety Code is amended to read:
39719. (a) The Legislature shall appropriate the annual proceeds
of the fund for the purpose of reducing greenhouse gas emissions in
this state in accordance with the requirements of Section 39712.
(b) To carry out a portion of the requirements of subdivision (a),
annual proceeds are continuously appropriated for the following:
(1) Beginning in the 2015-16 fiscal year, and notwithstanding
Section 13340 of the Government Code, 35 percent of annual proceeds
are continuously appropriated, without regard to fiscal years, for
transit, affordable housing, and sustainable communities programs as
following:
(A) Ten percent of the annual proceeds of the fund is hereby
continuously appropriated to the Transportation Agency for the
Transit and Intercity Rail Capital Program created by Part 2
(commencing with Section 75220) of Division 44 of the Public
Resources Code.
(B) Five percent of the annual proceeds of the fund is hereby
continuously appropriated to the Low Carbon Transit Operations
Program created by Part 3 (commencing with Section 75230) of Division
44 of the Public Resources Code. Funds shall be allocated by the
Controller, according to requirements of the program, and pursuant to
the distribution formula in subdivision (b) or (c) of Section 99312
of, and Sections 99313 and 99314 of, the Public Utilities Code.
(C) Twenty percent of the annual proceeds of the fund is hereby
continuously appropriated to the Strategic Growth Council for the
Affordable Housing and Sustainable Communities Program created by
Part 1 (commencing with Section 75200) of Division 44 of the Public
Resources Code. Of the amount appropriated in this subparagraph, no
less than 10 percent of the annual proceeds, shall be expended for
affordable housing, consistent with the provisions of that program.
(2) Beginning in the 2015-16 fiscal year, notwithstanding Section
13340 of the Government Code, 25 percent of the annual proceeds of
the fund is hereby continuously appropriated to the High-Speed Rail
Authority for the following components of the initial operating
segment and Phase I Blended System as described in the 2012 business
plan adopted pursuant to Section 185033 of the Public Utilities Code:
(A) Acquisition and construction costs of the project.
(B) Environmental review and design costs of the project.
(C) Other capital costs of the project.
(D) Repayment of any loans made to the authority to fund the
project.
(3) Beginning in the 2016-17 fiscal year, notwithstanding Section
13340 of the Government Code, 25 percent of the annual proceeds of
the fund is hereby continuously appropriated to the Department of
Water Resources to comply with the requirements of Chapter 4.5
(commencing with Section 430) of Division 1 of the Water Code.
(c) In determining the amount of annual proceeds of the fund for
purposes of the calculation in subdivision (b), the funds subject to
Section 39719.1 shall not be included.
SEC. 2. Chapter 4.5 (commencing with Section 430)
is added to Division 1 of the Water Code , to
read:
CHAPTER 4.5. WATER STORAGE AND RELIABILITY
430. (a) On or before January 1, 2017, the Department of Water
Resources, after one or more public workshops, shall identify the
current statewide water storage capacity, including local, state, and
federal projects, and prepare a strategy and implementation plan to
achieve an expansion in statewide water storage capacity of 25
percent by January 1, 2025, and 50 percent by January 1, 2050.
(b) The Department of Water Resources shall provide a copy of the
strategy and implementation plan to the appropriate policy committees
of the Legislature and publish this information on the Department of
Water Resources' publicly available Internet Web site.
(c) On January 1, 2018, and every two years thereafter, until
January 1, 2050, the Department of Water Resources shall update the
strategy and implementation plan to reflect any changes made to the
strategy and plan.
(d) The Department of Water Resources shall provide a copy of the
updated strategy and implementation plans required pursuant to
subdivision (c) to the appropriate policy committees of the
Legislature and publish this information on the Department of Water
Resources' publicly available Internet Web site.
431. (a) The Department of Water Resources shall increase the
state's total water storage capacity by 25 percent by January 1,
2025, and by 50 percent by January 1, 2050.
(b) The increase in water storage capacity required pursuant to
subdivision (a) may be accomplished through a mix of both surface
water and groundwater storage projects, including, but not limited
to, all of the following:
(1) Surface water storage projects identified in the CALFED
Bay-Delta Program Record of Decision, dated August 28, 2000, except
for projects prohibited by Chapter 1.4 (commencing with Section
5093.50) of Division 5 of the Public Resources Code.
(2) Local and regional surface water storage projects.
(3) Groundwater storage projects and groundwater contamination
prevention or remediation projects that provide water storage
benefits.
(4) Conjunctive use and reservoir reoperation projects.
432. (a) On January 1, 2020, and every five years thereafter,
until January 1, 2050, the Legislative Analyst's Office shall report
to the Legislature on the Department of Water Resources' progress on
fulfilling the requirements imposed under Section 431.
(b) The Legislative Analyst's Office shall include in the report
required pursuant to subdivision (a) whether the Department of Water
Resources is expected to achieve the water storage requirements
imposed under Section 431 on time.
SECTION 1. SEC. 3. Section 13145.5
is added to the Water Code, to read:
13145.5. In formulating state policy for water quality control
and adopting or approving a water quality control plan for the
Sacramento-San Joaquin Delta, the state board shall take into
consideration, consistent with the requirements of Division 13
(commencing with Section 21000) of the Public Resources Code, any
applicable groundwater sustainability plan or alternative adopted or
approved under Part 2.74 (commencing with Section 10720) of Division
6 and available information and data regarding the impacts of
groundwater use and management on beneficial uses of surface waters.