California 2019 2019-2020 Regular Session

California Assembly Bill AB638 Amended / Bill

Filed 07/11/2019

                    Amended IN  Senate  July 11, 2019 Amended IN  Senate  June 11, 2019 Amended IN  Assembly  May 16, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 638Introduced by Assembly Member GrayFebruary 15, 2019 An act to add Chapter 4.5 (commencing with Section 430) to Division 1 of Section 10004.7 to the Water Code, relating to water resources. LEGISLATIVE COUNSEL'S DIGESTAB 638, as amended, Gray. Department of Water Resources: water storage: climate change impacts.Existing law requires the Department of Water Resources to gather and correlate information and data pertinent to an annual forecast of seasonal water crop, as specified. 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, 2023, with updates every 5 years thereafter, as part of the update to the California Water Plan every 5 years, to identify water storage facilities vulnerable to climate change impacts and the mitigation strategies for anticipated adverse impacts, as provided. The bill would require the department to publish this information on the departments publicly available internet website and to provide a copy of the this information to the appropriate policy committees of the Legislature. Legislature and to the Natural Resources Agency and the Office of Planning and Research for specified climate adaptation planning functions. The bill would require the department, subject to an appropriation, to mitigate, or make grants available for the mitigation of, adverse impacts to water storage facilities caused by climate change, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Chapter 4.5 (commencing with Section 430) is added to Division 1 of the Water Code, to read:4.5.Climate Change Impacts on Water Storage430.(a)On or before December 31, 2023, and every five years thereafter, along with the update to The California Water Plan pursuant to SECTION 1. Section 10004.7 is added to the Water Code, to read:10004.7. (a) As part of the update to the California Water Plan every five years pursuant to Section 10004, the department, in collaboration with the United States Bureau of Reclamation, the United States Army Corps of Engineers, and local water agencies, and after one or more public workshops, the advisory committee established pursuant to subdivision (b) of Section 10004, shall identify water storage facilities vulnerable to climate change impacts, and shall quantify potential impacts to specific facilities, where possible, or at regional levels where greater detail is not possible. The department shall identify mitigation strategies for anticipated adverse impacts.(b) For purposes of this section, water storage facilities shall include, but are not limited to, both of the following:(1) Above-ground water storage, including surface water storage and naturally occurring above-ground water storage, such as the Sierra Nevada snowpack.(2) Below-ground water storage and naturally occurring below-ground water storage consistent with the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6).(c) The department shall provide a copy of the information identified by the department pursuant to subdivision (a) to the appropriate policy committees of the Legislature and publish this information on the departments publicly available internet website. all of the following:(1) The appropriate policy committees of the Legislature.(2) The Natural Resources Agency for use in the next update of the states climate adaptation strategy pursuant to Section 71153 of the Public Resources Code.(3) The Office of Planning and Research for inclusion in the clearinghouse for climate adaptation information established pursuant to Section 71360 of the Public Resources Code and any other relevant program activities of the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350) of Division 34 of the Public Resources Code.(d) For purposes of the information provided pursuant to subdivision (a) on or before December 31, 2023, the department shall identify information about watersheds and groundwater basins available at the time and shall also identify what information regarding other watersheds, groundwater basins, or hydrologic basins are identified for addition to the information provided pursuant to subdivision (a) the department intends to develop or acquire for use in the update to the California Water Plan on or before December 31, 2028. 2028, pursuant to Section 10004.(e) Subject to an appropriation in the annual Budget Act or another statute for this purpose, the department shall mitigate, or make grants available for the mitigation of, adverse impacts to water storage facilities caused by climate change, with priority given to water storage facilities serving disadvantaged communities and communities that lack an adequate supply of safe drinking water.

 Amended IN  Senate  July 11, 2019 Amended IN  Senate  June 11, 2019 Amended IN  Assembly  May 16, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 638Introduced by Assembly Member GrayFebruary 15, 2019 An act to add Chapter 4.5 (commencing with Section 430) to Division 1 of Section 10004.7 to the Water Code, relating to water resources. LEGISLATIVE COUNSEL'S DIGESTAB 638, as amended, Gray. Department of Water Resources: water storage: climate change impacts.Existing law requires the Department of Water Resources to gather and correlate information and data pertinent to an annual forecast of seasonal water crop, as specified. 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, 2023, with updates every 5 years thereafter, as part of the update to the California Water Plan every 5 years, to identify water storage facilities vulnerable to climate change impacts and the mitigation strategies for anticipated adverse impacts, as provided. The bill would require the department to publish this information on the departments publicly available internet website and to provide a copy of the this information to the appropriate policy committees of the Legislature. Legislature and to the Natural Resources Agency and the Office of Planning and Research for specified climate adaptation planning functions. The bill would require the department, subject to an appropriation, to mitigate, or make grants available for the mitigation of, adverse impacts to water storage facilities caused by climate change, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  July 11, 2019 Amended IN  Senate  June 11, 2019 Amended IN  Assembly  May 16, 2019

Amended IN  Senate  July 11, 2019
Amended IN  Senate  June 11, 2019
Amended IN  Assembly  May 16, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 638

Introduced by Assembly Member GrayFebruary 15, 2019

Introduced by Assembly Member Gray
February 15, 2019

 An act to add Chapter 4.5 (commencing with Section 430) to Division 1 of Section 10004.7 to the Water Code, relating to water resources. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 638, as amended, Gray. Department of Water Resources: water storage: climate change impacts.

Existing law requires the Department of Water Resources to gather and correlate information and data pertinent to an annual forecast of seasonal water crop, as specified. 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, 2023, with updates every 5 years thereafter, as part of the update to the California Water Plan every 5 years, to identify water storage facilities vulnerable to climate change impacts and the mitigation strategies for anticipated adverse impacts, as provided. The bill would require the department to publish this information on the departments publicly available internet website and to provide a copy of the this information to the appropriate policy committees of the Legislature. Legislature and to the Natural Resources Agency and the Office of Planning and Research for specified climate adaptation planning functions. The bill would require the department, subject to an appropriation, to mitigate, or make grants available for the mitigation of, adverse impacts to water storage facilities caused by climate change, as specified.

Existing law requires the Department of Water Resources to gather and correlate information and data pertinent to an annual forecast of seasonal water crop, as specified. 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, 2023, with updates every 5 years thereafter, as part of the update to the California Water Plan every 5 years, to identify water storage facilities vulnerable to climate change impacts and the mitigation strategies for anticipated adverse impacts, as provided. The bill would require the department to publish this information on the departments publicly available internet website and to provide a copy of the this information to the appropriate policy committees of the Legislature. Legislature and to the Natural Resources Agency and the Office of Planning and Research for specified climate adaptation planning functions. The bill would require the department, subject to an appropriation, to mitigate, or make grants available for the mitigation of, adverse impacts to water storage facilities caused by climate change, as specified.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1.Chapter 4.5 (commencing with Section 430) is added to Division 1 of the Water Code, to read:4.5.Climate Change Impacts on Water Storage430.(a)On or before December 31, 2023, and every five years thereafter, along with the update to The California Water Plan pursuant to SECTION 1. Section 10004.7 is added to the Water Code, to read:10004.7. (a) As part of the update to the California Water Plan every five years pursuant to Section 10004, the department, in collaboration with the United States Bureau of Reclamation, the United States Army Corps of Engineers, and local water agencies, and after one or more public workshops, the advisory committee established pursuant to subdivision (b) of Section 10004, shall identify water storage facilities vulnerable to climate change impacts, and shall quantify potential impacts to specific facilities, where possible, or at regional levels where greater detail is not possible. The department shall identify mitigation strategies for anticipated adverse impacts.(b) For purposes of this section, water storage facilities shall include, but are not limited to, both of the following:(1) Above-ground water storage, including surface water storage and naturally occurring above-ground water storage, such as the Sierra Nevada snowpack.(2) Below-ground water storage and naturally occurring below-ground water storage consistent with the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6).(c) The department shall provide a copy of the information identified by the department pursuant to subdivision (a) to the appropriate policy committees of the Legislature and publish this information on the departments publicly available internet website. all of the following:(1) The appropriate policy committees of the Legislature.(2) The Natural Resources Agency for use in the next update of the states climate adaptation strategy pursuant to Section 71153 of the Public Resources Code.(3) The Office of Planning and Research for inclusion in the clearinghouse for climate adaptation information established pursuant to Section 71360 of the Public Resources Code and any other relevant program activities of the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350) of Division 34 of the Public Resources Code.(d) For purposes of the information provided pursuant to subdivision (a) on or before December 31, 2023, the department shall identify information about watersheds and groundwater basins available at the time and shall also identify what information regarding other watersheds, groundwater basins, or hydrologic basins are identified for addition to the information provided pursuant to subdivision (a) the department intends to develop or acquire for use in the update to the California Water Plan on or before December 31, 2028. 2028, pursuant to Section 10004.(e) Subject to an appropriation in the annual Budget Act or another statute for this purpose, the department shall mitigate, or make grants available for the mitigation of, adverse impacts to water storage facilities caused by climate change, with priority given to water storage facilities serving disadvantaged communities and communities that lack an adequate supply of safe drinking water.

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

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







(a)On or before December 31, 2023, and every five years thereafter, along with the update to The California Water Plan pursuant to 



SECTION 1. Section 10004.7 is added to the Water Code, to read:10004.7. (a) As part of the update to the California Water Plan every five years pursuant to Section 10004, the department, in collaboration with the United States Bureau of Reclamation, the United States Army Corps of Engineers, and local water agencies, and after one or more public workshops, the advisory committee established pursuant to subdivision (b) of Section 10004, shall identify water storage facilities vulnerable to climate change impacts, and shall quantify potential impacts to specific facilities, where possible, or at regional levels where greater detail is not possible. The department shall identify mitigation strategies for anticipated adverse impacts.(b) For purposes of this section, water storage facilities shall include, but are not limited to, both of the following:(1) Above-ground water storage, including surface water storage and naturally occurring above-ground water storage, such as the Sierra Nevada snowpack.(2) Below-ground water storage and naturally occurring below-ground water storage consistent with the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6).(c) The department shall provide a copy of the information identified by the department pursuant to subdivision (a) to the appropriate policy committees of the Legislature and publish this information on the departments publicly available internet website. all of the following:(1) The appropriate policy committees of the Legislature.(2) The Natural Resources Agency for use in the next update of the states climate adaptation strategy pursuant to Section 71153 of the Public Resources Code.(3) The Office of Planning and Research for inclusion in the clearinghouse for climate adaptation information established pursuant to Section 71360 of the Public Resources Code and any other relevant program activities of the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350) of Division 34 of the Public Resources Code.(d) For purposes of the information provided pursuant to subdivision (a) on or before December 31, 2023, the department shall identify information about watersheds and groundwater basins available at the time and shall also identify what information regarding other watersheds, groundwater basins, or hydrologic basins are identified for addition to the information provided pursuant to subdivision (a) the department intends to develop or acquire for use in the update to the California Water Plan on or before December 31, 2028. 2028, pursuant to Section 10004.(e) Subject to an appropriation in the annual Budget Act or another statute for this purpose, the department shall mitigate, or make grants available for the mitigation of, adverse impacts to water storage facilities caused by climate change, with priority given to water storage facilities serving disadvantaged communities and communities that lack an adequate supply of safe drinking water.

SECTION 1. Section 10004.7 is added to the Water Code, to read:

### SECTION 1.

10004.7. (a) As part of the update to the California Water Plan every five years pursuant to Section 10004, the department, in collaboration with the United States Bureau of Reclamation, the United States Army Corps of Engineers, and local water agencies, and after one or more public workshops, the advisory committee established pursuant to subdivision (b) of Section 10004, shall identify water storage facilities vulnerable to climate change impacts, and shall quantify potential impacts to specific facilities, where possible, or at regional levels where greater detail is not possible. The department shall identify mitigation strategies for anticipated adverse impacts.(b) For purposes of this section, water storage facilities shall include, but are not limited to, both of the following:(1) Above-ground water storage, including surface water storage and naturally occurring above-ground water storage, such as the Sierra Nevada snowpack.(2) Below-ground water storage and naturally occurring below-ground water storage consistent with the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6).(c) The department shall provide a copy of the information identified by the department pursuant to subdivision (a) to the appropriate policy committees of the Legislature and publish this information on the departments publicly available internet website. all of the following:(1) The appropriate policy committees of the Legislature.(2) The Natural Resources Agency for use in the next update of the states climate adaptation strategy pursuant to Section 71153 of the Public Resources Code.(3) The Office of Planning and Research for inclusion in the clearinghouse for climate adaptation information established pursuant to Section 71360 of the Public Resources Code and any other relevant program activities of the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350) of Division 34 of the Public Resources Code.(d) For purposes of the information provided pursuant to subdivision (a) on or before December 31, 2023, the department shall identify information about watersheds and groundwater basins available at the time and shall also identify what information regarding other watersheds, groundwater basins, or hydrologic basins are identified for addition to the information provided pursuant to subdivision (a) the department intends to develop or acquire for use in the update to the California Water Plan on or before December 31, 2028. 2028, pursuant to Section 10004.(e) Subject to an appropriation in the annual Budget Act or another statute for this purpose, the department shall mitigate, or make grants available for the mitigation of, adverse impacts to water storage facilities caused by climate change, with priority given to water storage facilities serving disadvantaged communities and communities that lack an adequate supply of safe drinking water.

10004.7. (a) As part of the update to the California Water Plan every five years pursuant to Section 10004, the department, in collaboration with the United States Bureau of Reclamation, the United States Army Corps of Engineers, and local water agencies, and after one or more public workshops, the advisory committee established pursuant to subdivision (b) of Section 10004, shall identify water storage facilities vulnerable to climate change impacts, and shall quantify potential impacts to specific facilities, where possible, or at regional levels where greater detail is not possible. The department shall identify mitigation strategies for anticipated adverse impacts.(b) For purposes of this section, water storage facilities shall include, but are not limited to, both of the following:(1) Above-ground water storage, including surface water storage and naturally occurring above-ground water storage, such as the Sierra Nevada snowpack.(2) Below-ground water storage and naturally occurring below-ground water storage consistent with the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6).(c) The department shall provide a copy of the information identified by the department pursuant to subdivision (a) to the appropriate policy committees of the Legislature and publish this information on the departments publicly available internet website. all of the following:(1) The appropriate policy committees of the Legislature.(2) The Natural Resources Agency for use in the next update of the states climate adaptation strategy pursuant to Section 71153 of the Public Resources Code.(3) The Office of Planning and Research for inclusion in the clearinghouse for climate adaptation information established pursuant to Section 71360 of the Public Resources Code and any other relevant program activities of the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350) of Division 34 of the Public Resources Code.(d) For purposes of the information provided pursuant to subdivision (a) on or before December 31, 2023, the department shall identify information about watersheds and groundwater basins available at the time and shall also identify what information regarding other watersheds, groundwater basins, or hydrologic basins are identified for addition to the information provided pursuant to subdivision (a) the department intends to develop or acquire for use in the update to the California Water Plan on or before December 31, 2028. 2028, pursuant to Section 10004.(e) Subject to an appropriation in the annual Budget Act or another statute for this purpose, the department shall mitigate, or make grants available for the mitigation of, adverse impacts to water storage facilities caused by climate change, with priority given to water storage facilities serving disadvantaged communities and communities that lack an adequate supply of safe drinking water.

10004.7. (a) As part of the update to the California Water Plan every five years pursuant to Section 10004, the department, in collaboration with the United States Bureau of Reclamation, the United States Army Corps of Engineers, and local water agencies, and after one or more public workshops, the advisory committee established pursuant to subdivision (b) of Section 10004, shall identify water storage facilities vulnerable to climate change impacts, and shall quantify potential impacts to specific facilities, where possible, or at regional levels where greater detail is not possible. The department shall identify mitigation strategies for anticipated adverse impacts.(b) For purposes of this section, water storage facilities shall include, but are not limited to, both of the following:(1) Above-ground water storage, including surface water storage and naturally occurring above-ground water storage, such as the Sierra Nevada snowpack.(2) Below-ground water storage and naturally occurring below-ground water storage consistent with the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6).(c) The department shall provide a copy of the information identified by the department pursuant to subdivision (a) to the appropriate policy committees of the Legislature and publish this information on the departments publicly available internet website. all of the following:(1) The appropriate policy committees of the Legislature.(2) The Natural Resources Agency for use in the next update of the states climate adaptation strategy pursuant to Section 71153 of the Public Resources Code.(3) The Office of Planning and Research for inclusion in the clearinghouse for climate adaptation information established pursuant to Section 71360 of the Public Resources Code and any other relevant program activities of the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350) of Division 34 of the Public Resources Code.(d) For purposes of the information provided pursuant to subdivision (a) on or before December 31, 2023, the department shall identify information about watersheds and groundwater basins available at the time and shall also identify what information regarding other watersheds, groundwater basins, or hydrologic basins are identified for addition to the information provided pursuant to subdivision (a) the department intends to develop or acquire for use in the update to the California Water Plan on or before December 31, 2028. 2028, pursuant to Section 10004.(e) Subject to an appropriation in the annual Budget Act or another statute for this purpose, the department shall mitigate, or make grants available for the mitigation of, adverse impacts to water storage facilities caused by climate change, with priority given to water storage facilities serving disadvantaged communities and communities that lack an adequate supply of safe drinking water.



10004.7. (a) As part of the update to the California Water Plan every five years pursuant to Section 10004, the department, in collaboration with the United States Bureau of Reclamation, the United States Army Corps of Engineers, and local water agencies, and after one or more public workshops, the advisory committee established pursuant to subdivision (b) of Section 10004, shall identify water storage facilities vulnerable to climate change impacts, and shall quantify potential impacts to specific facilities, where possible, or at regional levels where greater detail is not possible. The department shall identify mitigation strategies for anticipated adverse impacts.

(b) For purposes of this section, water storage facilities shall include, but are not limited to, both of the following:

(1) Above-ground water storage, including surface water storage and naturally occurring above-ground water storage, such as the Sierra Nevada snowpack.

(2) Below-ground water storage and naturally occurring below-ground water storage consistent with the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6).

(c) The department shall provide a copy of the information identified by the department pursuant to subdivision (a) to the appropriate policy committees of the Legislature and publish this information on the departments publicly available internet website. all of the following:

(1) The appropriate policy committees of the Legislature.

(2) The Natural Resources Agency for use in the next update of the states climate adaptation strategy pursuant to Section 71153 of the Public Resources Code.

(3) The Office of Planning and Research for inclusion in the clearinghouse for climate adaptation information established pursuant to Section 71360 of the Public Resources Code and any other relevant program activities of the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350) of Division 34 of the Public Resources Code.

(d) For purposes of the information provided pursuant to subdivision (a) on or before December 31, 2023, the department shall identify information about watersheds and groundwater basins available at the time and shall also identify what information regarding other watersheds, groundwater basins, or hydrologic basins are identified for addition to the information provided pursuant to subdivision (a) the department intends to develop or acquire for use in the update to the California Water Plan on or before December 31, 2028. 2028, pursuant to Section 10004.

(e) Subject to an appropriation in the annual Budget Act or another statute for this purpose, the department shall mitigate, or make grants available for the mitigation of, adverse impacts to water storage facilities caused by climate change, with priority given to water storage facilities serving disadvantaged communities and communities that lack an adequate supply of safe drinking water.