Amended IN Senate June 23, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly March 31, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2016Introduced by Assembly Member Bauer-KahanFebruary 14, 2022 An act to repeal and add repeal, add, and repeal Section 12949.6 of the Water Code, relating to water resources. LEGISLATIVE COUNSEL'S DIGESTAB 2016, as amended, Bauer-Kahan. State Water Resources Control Board: desalination plant: feasibility study.(1) Existing law requires the Department of Water Resources, not later than July 1, 2004, to report to the Legislature on potential opportunities and impediments for using seawater and brackish water desalination, and to examine what role, if any, the state should play in furthering the use of desalination technology. Existing law requires the department to convene a Water Desalination Task Force, composed of representatives from listed agencies and interest groups, to advise the department in carrying out these duties and in making recommendations to the Legislature.This bill would repeal those provisions.(2) Existing law establishes, within the California Environmental Protection Agency, the State Water Resources Control Board. The state board exercises the adjudicatory and regulatory functions of the state in the field of water resources.This bill would request the California Council on Science and Technology, in consultation with the department, department and state board, subject to an appropriation by the Legislature for this purpose, to undertake and complete a comprehensive feasibility study of the desalination of ocean water, brackish water, and groundwater and the potential impact of desalination plants along the San Francisco Bay and inland lakes and streams. The bill would require, if potential for drought-resilient water supplies to meet the current and future water demand in the San Francisco Bay area, as specified. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require the study to be completed by January 1, 2025, and to be transmitted to the department, the board, and the Legislature.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. Section 12949.6 of the Water Code is repealed.SEC. 2. Section 12949.6 is added to the Water Code, to read:12949.6. (a) The Legislature requests that the California Council on Science and Technology, in consultation with the department, department and the State Water Resources Control Board, subject to an appropriation by the Legislature for this purpose, undertake and complete a comprehensive feasibility study of the desalination of ocean water, brackish water, and groundwater and the potential impact of desalination plants along the San Francisco Bay and inland lakes and streams. potential for drought-resilient water supplies, including, but not limited to, potable recycled water and desalination, to meet the current and future water demand in the San Francisco Bay area. The study shall consider the short-term and long-term history of drought within the state and the extent to which potable recycled water and desalination can help meet current and future water demand in California. The study shall also include, but shall not be limited to, the following:(1) The potential job creation and work opportunities related to the construction and operation of potable recycled water and desalination plants, facilities, including the use of a skilled and trained workforce for these purposes.(2)The impact of desalination plants to fish and wildlife, including sea life, sea plants, and sea microorganisms.(3)The shortage of chlorine and the possibility of desalination plants alleviating that shortage.(4)The feasibility of integrating(2) An assessment of technologies to do both of the following:(A) Minimize the intake and mortality of all forms of marine, brackish, and freshwater life in the construction and operation of desalination facilities.(B) Minimize the adverse impacts of outfalls on marine, brackish, and freshwater life in the construction and operation of potable recycled water and desalination facilities.(3) The potential for extraction of useful chemicals including chlorine, sodium hydroxide, and hydrochloric acid from waste brine to reduce waste volume and enhance facility efficiency through on-site reuse.Consideration of designs that integrate the use of renewable energy into potable recycled water and desalination facilities to reduce costs and any greenhouse gas emissions associated with desalination. the construction and operation of those facilities, including a comparison of energy demand and greenhouse gas emissions between potable recycled water and desalination infrastructure.(b) If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), the study shall be completed by January 1, 2025, and transmitted to the department, the board, and the Legislature.(c)(1)The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.(2)(c) A report to be submitted to the Legislature pursuant to paragraph (1) this section shall be submitted in compliance with Section 9795 of the Government Code.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Amended IN Senate June 23, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly March 31, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2016Introduced by Assembly Member Bauer-KahanFebruary 14, 2022 An act to repeal and add repeal, add, and repeal Section 12949.6 of the Water Code, relating to water resources. LEGISLATIVE COUNSEL'S DIGESTAB 2016, as amended, Bauer-Kahan. State Water Resources Control Board: desalination plant: feasibility study.(1) Existing law requires the Department of Water Resources, not later than July 1, 2004, to report to the Legislature on potential opportunities and impediments for using seawater and brackish water desalination, and to examine what role, if any, the state should play in furthering the use of desalination technology. Existing law requires the department to convene a Water Desalination Task Force, composed of representatives from listed agencies and interest groups, to advise the department in carrying out these duties and in making recommendations to the Legislature.This bill would repeal those provisions.(2) Existing law establishes, within the California Environmental Protection Agency, the State Water Resources Control Board. The state board exercises the adjudicatory and regulatory functions of the state in the field of water resources.This bill would request the California Council on Science and Technology, in consultation with the department, department and state board, subject to an appropriation by the Legislature for this purpose, to undertake and complete a comprehensive feasibility study of the desalination of ocean water, brackish water, and groundwater and the potential impact of desalination plants along the San Francisco Bay and inland lakes and streams. The bill would require, if potential for drought-resilient water supplies to meet the current and future water demand in the San Francisco Bay area, as specified. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require the study to be completed by January 1, 2025, and to be transmitted to the department, the board, and the Legislature.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Amended IN Senate June 23, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly March 31, 2022 Amended IN Senate June 23, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly March 31, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2016 Introduced by Assembly Member Bauer-KahanFebruary 14, 2022 Introduced by Assembly Member Bauer-Kahan February 14, 2022 An act to repeal and add repeal, add, and repeal Section 12949.6 of the Water Code, relating to water resources. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 2016, as amended, Bauer-Kahan. State Water Resources Control Board: desalination plant: feasibility study. (1) Existing law requires the Department of Water Resources, not later than July 1, 2004, to report to the Legislature on potential opportunities and impediments for using seawater and brackish water desalination, and to examine what role, if any, the state should play in furthering the use of desalination technology. Existing law requires the department to convene a Water Desalination Task Force, composed of representatives from listed agencies and interest groups, to advise the department in carrying out these duties and in making recommendations to the Legislature.This bill would repeal those provisions.(2) Existing law establishes, within the California Environmental Protection Agency, the State Water Resources Control Board. The state board exercises the adjudicatory and regulatory functions of the state in the field of water resources.This bill would request the California Council on Science and Technology, in consultation with the department, department and state board, subject to an appropriation by the Legislature for this purpose, to undertake and complete a comprehensive feasibility study of the desalination of ocean water, brackish water, and groundwater and the potential impact of desalination plants along the San Francisco Bay and inland lakes and streams. The bill would require, if potential for drought-resilient water supplies to meet the current and future water demand in the San Francisco Bay area, as specified. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require the study to be completed by January 1, 2025, and to be transmitted to the department, the board, and the Legislature. (1) Existing law requires the Department of Water Resources, not later than July 1, 2004, to report to the Legislature on potential opportunities and impediments for using seawater and brackish water desalination, and to examine what role, if any, the state should play in furthering the use of desalination technology. Existing law requires the department to convene a Water Desalination Task Force, composed of representatives from listed agencies and interest groups, to advise the department in carrying out these duties and in making recommendations to the Legislature. This bill would repeal those provisions. (2) Existing law establishes, within the California Environmental Protection Agency, the State Water Resources Control Board. The state board exercises the adjudicatory and regulatory functions of the state in the field of water resources. This bill would request the California Council on Science and Technology, in consultation with the department, department and state board, subject to an appropriation by the Legislature for this purpose, to undertake and complete a comprehensive feasibility study of the desalination of ocean water, brackish water, and groundwater and the potential impact of desalination plants along the San Francisco Bay and inland lakes and streams. The bill would require, if potential for drought-resilient water supplies to meet the current and future water demand in the San Francisco Bay area, as specified. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require the study to be completed by January 1, 2025, and to be transmitted to the department, the board, and the Legislature. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 12949.6 of the Water Code is repealed.SEC. 2. Section 12949.6 is added to the Water Code, to read:12949.6. (a) The Legislature requests that the California Council on Science and Technology, in consultation with the department, department and the State Water Resources Control Board, subject to an appropriation by the Legislature for this purpose, undertake and complete a comprehensive feasibility study of the desalination of ocean water, brackish water, and groundwater and the potential impact of desalination plants along the San Francisco Bay and inland lakes and streams. potential for drought-resilient water supplies, including, but not limited to, potable recycled water and desalination, to meet the current and future water demand in the San Francisco Bay area. The study shall consider the short-term and long-term history of drought within the state and the extent to which potable recycled water and desalination can help meet current and future water demand in California. The study shall also include, but shall not be limited to, the following:(1) The potential job creation and work opportunities related to the construction and operation of potable recycled water and desalination plants, facilities, including the use of a skilled and trained workforce for these purposes.(2)The impact of desalination plants to fish and wildlife, including sea life, sea plants, and sea microorganisms.(3)The shortage of chlorine and the possibility of desalination plants alleviating that shortage.(4)The feasibility of integrating(2) An assessment of technologies to do both of the following:(A) Minimize the intake and mortality of all forms of marine, brackish, and freshwater life in the construction and operation of desalination facilities.(B) Minimize the adverse impacts of outfalls on marine, brackish, and freshwater life in the construction and operation of potable recycled water and desalination facilities.(3) The potential for extraction of useful chemicals including chlorine, sodium hydroxide, and hydrochloric acid from waste brine to reduce waste volume and enhance facility efficiency through on-site reuse.Consideration of designs that integrate the use of renewable energy into potable recycled water and desalination facilities to reduce costs and any greenhouse gas emissions associated with desalination. the construction and operation of those facilities, including a comparison of energy demand and greenhouse gas emissions between potable recycled water and desalination infrastructure.(b) If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), the study shall be completed by January 1, 2025, and transmitted to the department, the board, and the Legislature.(c)(1)The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.(2)(c) A report to be submitted to the Legislature pursuant to paragraph (1) this section shall be submitted in compliance with Section 9795 of the Government Code.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 12949.6 of the Water Code is repealed. SECTION 1. Section 12949.6 of the Water Code is repealed. ### SECTION 1. SEC. 2. Section 12949.6 is added to the Water Code, to read:12949.6. (a) The Legislature requests that the California Council on Science and Technology, in consultation with the department, department and the State Water Resources Control Board, subject to an appropriation by the Legislature for this purpose, undertake and complete a comprehensive feasibility study of the desalination of ocean water, brackish water, and groundwater and the potential impact of desalination plants along the San Francisco Bay and inland lakes and streams. potential for drought-resilient water supplies, including, but not limited to, potable recycled water and desalination, to meet the current and future water demand in the San Francisco Bay area. The study shall consider the short-term and long-term history of drought within the state and the extent to which potable recycled water and desalination can help meet current and future water demand in California. The study shall also include, but shall not be limited to, the following:(1) The potential job creation and work opportunities related to the construction and operation of potable recycled water and desalination plants, facilities, including the use of a skilled and trained workforce for these purposes.(2)The impact of desalination plants to fish and wildlife, including sea life, sea plants, and sea microorganisms.(3)The shortage of chlorine and the possibility of desalination plants alleviating that shortage.(4)The feasibility of integrating(2) An assessment of technologies to do both of the following:(A) Minimize the intake and mortality of all forms of marine, brackish, and freshwater life in the construction and operation of desalination facilities.(B) Minimize the adverse impacts of outfalls on marine, brackish, and freshwater life in the construction and operation of potable recycled water and desalination facilities.(3) The potential for extraction of useful chemicals including chlorine, sodium hydroxide, and hydrochloric acid from waste brine to reduce waste volume and enhance facility efficiency through on-site reuse.Consideration of designs that integrate the use of renewable energy into potable recycled water and desalination facilities to reduce costs and any greenhouse gas emissions associated with desalination. the construction and operation of those facilities, including a comparison of energy demand and greenhouse gas emissions between potable recycled water and desalination infrastructure.(b) If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), the study shall be completed by January 1, 2025, and transmitted to the department, the board, and the Legislature.(c)(1)The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.(2)(c) A report to be submitted to the Legislature pursuant to paragraph (1) this section shall be submitted in compliance with Section 9795 of the Government Code.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. SEC. 2. Section 12949.6 is added to the Water Code, to read: ### SEC. 2. 12949.6. (a) The Legislature requests that the California Council on Science and Technology, in consultation with the department, department and the State Water Resources Control Board, subject to an appropriation by the Legislature for this purpose, undertake and complete a comprehensive feasibility study of the desalination of ocean water, brackish water, and groundwater and the potential impact of desalination plants along the San Francisco Bay and inland lakes and streams. potential for drought-resilient water supplies, including, but not limited to, potable recycled water and desalination, to meet the current and future water demand in the San Francisco Bay area. The study shall consider the short-term and long-term history of drought within the state and the extent to which potable recycled water and desalination can help meet current and future water demand in California. The study shall also include, but shall not be limited to, the following:(1) The potential job creation and work opportunities related to the construction and operation of potable recycled water and desalination plants, facilities, including the use of a skilled and trained workforce for these purposes.(2)The impact of desalination plants to fish and wildlife, including sea life, sea plants, and sea microorganisms.(3)The shortage of chlorine and the possibility of desalination plants alleviating that shortage.(4)The feasibility of integrating(2) An assessment of technologies to do both of the following:(A) Minimize the intake and mortality of all forms of marine, brackish, and freshwater life in the construction and operation of desalination facilities.(B) Minimize the adverse impacts of outfalls on marine, brackish, and freshwater life in the construction and operation of potable recycled water and desalination facilities.(3) The potential for extraction of useful chemicals including chlorine, sodium hydroxide, and hydrochloric acid from waste brine to reduce waste volume and enhance facility efficiency through on-site reuse.Consideration of designs that integrate the use of renewable energy into potable recycled water and desalination facilities to reduce costs and any greenhouse gas emissions associated with desalination. the construction and operation of those facilities, including a comparison of energy demand and greenhouse gas emissions between potable recycled water and desalination infrastructure.(b) If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), the study shall be completed by January 1, 2025, and transmitted to the department, the board, and the Legislature.(c)(1)The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.(2)(c) A report to be submitted to the Legislature pursuant to paragraph (1) this section shall be submitted in compliance with Section 9795 of the Government Code.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. 12949.6. (a) The Legislature requests that the California Council on Science and Technology, in consultation with the department, department and the State Water Resources Control Board, subject to an appropriation by the Legislature for this purpose, undertake and complete a comprehensive feasibility study of the desalination of ocean water, brackish water, and groundwater and the potential impact of desalination plants along the San Francisco Bay and inland lakes and streams. potential for drought-resilient water supplies, including, but not limited to, potable recycled water and desalination, to meet the current and future water demand in the San Francisco Bay area. The study shall consider the short-term and long-term history of drought within the state and the extent to which potable recycled water and desalination can help meet current and future water demand in California. The study shall also include, but shall not be limited to, the following:(1) The potential job creation and work opportunities related to the construction and operation of potable recycled water and desalination plants, facilities, including the use of a skilled and trained workforce for these purposes.(2)The impact of desalination plants to fish and wildlife, including sea life, sea plants, and sea microorganisms.(3)The shortage of chlorine and the possibility of desalination plants alleviating that shortage.(4)The feasibility of integrating(2) An assessment of technologies to do both of the following:(A) Minimize the intake and mortality of all forms of marine, brackish, and freshwater life in the construction and operation of desalination facilities.(B) Minimize the adverse impacts of outfalls on marine, brackish, and freshwater life in the construction and operation of potable recycled water and desalination facilities.(3) The potential for extraction of useful chemicals including chlorine, sodium hydroxide, and hydrochloric acid from waste brine to reduce waste volume and enhance facility efficiency through on-site reuse.Consideration of designs that integrate the use of renewable energy into potable recycled water and desalination facilities to reduce costs and any greenhouse gas emissions associated with desalination. the construction and operation of those facilities, including a comparison of energy demand and greenhouse gas emissions between potable recycled water and desalination infrastructure.(b) If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), the study shall be completed by January 1, 2025, and transmitted to the department, the board, and the Legislature.(c)(1)The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.(2)(c) A report to be submitted to the Legislature pursuant to paragraph (1) this section shall be submitted in compliance with Section 9795 of the Government Code.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. 12949.6. (a) The Legislature requests that the California Council on Science and Technology, in consultation with the department, department and the State Water Resources Control Board, subject to an appropriation by the Legislature for this purpose, undertake and complete a comprehensive feasibility study of the desalination of ocean water, brackish water, and groundwater and the potential impact of desalination plants along the San Francisco Bay and inland lakes and streams. potential for drought-resilient water supplies, including, but not limited to, potable recycled water and desalination, to meet the current and future water demand in the San Francisco Bay area. The study shall consider the short-term and long-term history of drought within the state and the extent to which potable recycled water and desalination can help meet current and future water demand in California. The study shall also include, but shall not be limited to, the following:(1) The potential job creation and work opportunities related to the construction and operation of potable recycled water and desalination plants, facilities, including the use of a skilled and trained workforce for these purposes.(2)The impact of desalination plants to fish and wildlife, including sea life, sea plants, and sea microorganisms.(3)The shortage of chlorine and the possibility of desalination plants alleviating that shortage.(4)The feasibility of integrating(2) An assessment of technologies to do both of the following:(A) Minimize the intake and mortality of all forms of marine, brackish, and freshwater life in the construction and operation of desalination facilities.(B) Minimize the adverse impacts of outfalls on marine, brackish, and freshwater life in the construction and operation of potable recycled water and desalination facilities.(3) The potential for extraction of useful chemicals including chlorine, sodium hydroxide, and hydrochloric acid from waste brine to reduce waste volume and enhance facility efficiency through on-site reuse.Consideration of designs that integrate the use of renewable energy into potable recycled water and desalination facilities to reduce costs and any greenhouse gas emissions associated with desalination. the construction and operation of those facilities, including a comparison of energy demand and greenhouse gas emissions between potable recycled water and desalination infrastructure.(b) If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), the study shall be completed by January 1, 2025, and transmitted to the department, the board, and the Legislature.(c)(1)The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.(2)(c) A report to be submitted to the Legislature pursuant to paragraph (1) this section shall be submitted in compliance with Section 9795 of the Government Code.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. 12949.6. (a) The Legislature requests that the California Council on Science and Technology, in consultation with the department, department and the State Water Resources Control Board, subject to an appropriation by the Legislature for this purpose, undertake and complete a comprehensive feasibility study of the desalination of ocean water, brackish water, and groundwater and the potential impact of desalination plants along the San Francisco Bay and inland lakes and streams. potential for drought-resilient water supplies, including, but not limited to, potable recycled water and desalination, to meet the current and future water demand in the San Francisco Bay area. The study shall consider the short-term and long-term history of drought within the state and the extent to which potable recycled water and desalination can help meet current and future water demand in California. The study shall also include, but shall not be limited to, the following: (1) The potential job creation and work opportunities related to the construction and operation of potable recycled water and desalination plants, facilities, including the use of a skilled and trained workforce for these purposes. (2)The impact of desalination plants to fish and wildlife, including sea life, sea plants, and sea microorganisms. (3)The shortage of chlorine and the possibility of desalination plants alleviating that shortage. (4)The feasibility of integrating (2) An assessment of technologies to do both of the following: (A) Minimize the intake and mortality of all forms of marine, brackish, and freshwater life in the construction and operation of desalination facilities. (B) Minimize the adverse impacts of outfalls on marine, brackish, and freshwater life in the construction and operation of potable recycled water and desalination facilities. (3) The potential for extraction of useful chemicals including chlorine, sodium hydroxide, and hydrochloric acid from waste brine to reduce waste volume and enhance facility efficiency through on-site reuse. Consideration of designs that integrate the use of renewable energy into potable recycled water and desalination facilities to reduce costs and any greenhouse gas emissions associated with desalination. the construction and operation of those facilities, including a comparison of energy demand and greenhouse gas emissions between potable recycled water and desalination infrastructure. (b) If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), the study shall be completed by January 1, 2025, and transmitted to the department, the board, and the Legislature. (c)(1)The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code. (2) (c) A report to be submitted to the Legislature pursuant to paragraph (1) this section shall be submitted in compliance with Section 9795 of the Government Code. (d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.