Bill Text: CA AB1755 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: The Open and Transparent Water Data Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-23 - Chaptered by Secretary of State - Chapter 506, Statutes of 2016. [AB1755 Detail]

Download: California-2015-AB1755-Amended.html

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BILL NUMBER: AB 1755	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 1, 2016

INTRODUCED BY   Assembly Member Dodd

                        FEBRUARY 2, 2016

   An act to add Part 4.9 (commencing with Section 12400) to Division
6 of the Water Code, relating to water data.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1755, as amended, Dodd. The Open and Transparent Water Data
Act.
   Existing law imposes on the Department of Water Resources various
duties with respect to water in the state. Under existing law, the
State Water Resources Control Board administers a water rights
program pursuant to which the state board grants permits and licenses
to appropriate water. Existing law regulates water transfers and
authorizes a permittee or licensee to change the point of diversion,
place of use, or purpose of use due to a transfer or exchange of
water or water rights if certain conditions are met.
   This bill would enact the Open and Transparent Water Data Act. The
act would require the department to establish a public benefit
corporation that would create and manage (1) a statewide water
information  accounting  system to improve the
ability of the state to meet the growing demand for water supply
reliability and healthy ecosystems, that, among things, would
integrate existing water data information from multiple databases and
(2) an online water transfer information clearinghouse for water
transfer information that would include, among other things, a
database of historic water transfers and transfers pending
responsible agency approval and a public forum to exchange
information on water market issues.
   The act would require the department, the state board, and the
Department of Fish and Wildlife to develop protocols for data
sharing, documentation, quality control, public access, and promotion
of open source platforms and decision support tools related to water
 data.   data and to submit to the Legislature
a report on   those protocols.  The act would specify
that a recipient of state funds for research or projects relating to
the improvement of water data shall adhere to those protocols or be
ineligible for state funding.  The act would impose various
other duties on the department, state board, and Department of Fish
and Wildlife related to the improvement of water data, including
submitting reports to the Legislature on the protocols the agencies
develop and on the feasibility of creating a better surface water and
groundwater monitoring network. 
   The act would create the Water Information System Administration
Fund. The act would specify that moneys in the fund would be
available, upon appropriation, to the department for the improvement
of water data and for the purposes of the act.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Part 4.9 (commencing with Section 12400) is added to
Division 6 of the Water Code, to read:

      PART 4.9.  The Open and Transparent Water Data Act


      CHAPTER 1.  GENERAL PROVISIONS


   12400.  This part shall be known, and may be cited, as the Open
and Transparent Water Data Act.
   12401.  The Legislature finds and declares all of the following:
   (a) The recent drought reveals that California needs a real-time,
accessible statewide water information  accounting 
system to help water managers operate California's water system more
effectively and help water users make informed decisions based on
water availability and allocation.
   (b) California has a number of databases containing information on
hydrology, biology, water quality, the physical environment, and
water rights and use. The passage of the Sustainable Groundwater
Management Act (Part 2.74 (commencing with Section 10720)) will
result in more data on groundwater use and availability.
Unfortunately, current water data is often challenging to obtain,
outdated, and not always readily available to water managers and the
public due to its collection by numerous entities and storage in
disparate databases that often rely on tools that do not keep pace
with technological advances. 
   (c) The ability to measure stream flow is hampered for some
streams that lack gauges.  
   (d) 
    (c)  The need to account for California's water is
essential, yet water managers must make decisions about water
resources while relying on outdated and incomplete information. A
greater understanding of and ability to access existing water data
will support more timely and science-based decisions related to water
planning, water allocations, water transfers, and water use
efficiency that will lead California to a more sustainable water
future. 
   (e) 
    (d)  On October 2, 2015, the Delta Stewardship Council
released a white paper entitled "Enhancing the Vision for Managing
California's Environmental Information." The white paper and the
Environmental Data Summit were a collaborative effort of the Delta
Stewardship Council and its Delta Science Program, the Department of
Water Resources, the Sacramento-San Joaquin Delta Conservancy, the
State Water Resources Control Board, the Department of Fish and
Wildlife, the San Francisco Estuary Institute, the State and Federal
Contractors Water Agency, and 34 North. The white paper recommended
four necessary actions to achieve the goal of streamlining the
collaboration of huge amounts of environmental data between various
state and federal agencies and identified the need for new policies
for managing California's large amounts of data: development of a
system where data could be accessed from a centralized source,
implementing new methods for clear documentation of existing data,
and developing business models that will better facilitate the
management of data. 
   (f) 
    (e)  The California Water Plan Update 2013, Volume 1,
Chapter  6   6,  entitled "Integrated Data
and Analysis: Informed and Transparent  Decision-Making"
  Decision-Making,   "  describes key
actions needed to improve water resources information and analysis
for integrated water management and urges agencies that collect data
to work together to prioritize and align water resources information
that is collected by multiple agencies. 
   (g) 
    (f)  The California Water Action Plan recognizes the
need to take bold action to transfer the state's water management
system to face the challenges of the 21st century. Climate change,
population growth, and vulnerable ecosystems create greater
uncertainty in future water availability. To address these challenges
California needs to do both of the following:
   (1) Invest in a 21st century water management system that can
adapt to wide variations in rainfall.
   (2) Safeguard and restore California's freshwater ecosystems so
they can withstand variations in climate and competing demands for
water. 
   (h) 
    (g)  Standards for transparent access to data have
changed with the public demanding real-time information on demand.
However, the demand for available data currently outstrips the
ability to deliver information to water managers and the public.

   (i) 
    (h)  Clear data standards and protocols help to promote
compatibility among datasets, allowing for sharing, aggregation, and
analysis by multiple groups. 
   (j) 
    (i) Metadata summarizes basic information about data,
which can make finding and working with particular data easier. Clear
documentation of metadata avoids misunderstandings, reduces
disputes, and increases the effectiveness of management decisions.

   (k) 
    (j)  Water data and research that is gathered using
state funds should be made publicly accessible. State delegation of
data management to contractors should not result in the public losing
access to its own information. 
   (  l  )
    (k)  The availability of cheap and open-source tools
could help produce an online water transfer information clearinghouse
without the need to create an expensive new centralized database.

   (m) 
    (   l   )  An effective water market
is one of several water management tools needed to improve the state'
s water supply reliability.
   12402.  Unless the context otherwise requires, the following
definitions govern the construction of this part:
   (a) "Clearinghouse" means the online water transfer information
clearinghouse created pursuant to Section 12415.
   (b) "Department" means the Department of Water Resources.
   (c) "Metadata" means data that describes data.
   (d) "NGO" means a nongovernmental organization.
   (e) "State board" means the State Water Resources Control Board.
   (f) "Water information system" means the statewide water
information  accounting  system created pursuant to
Section 12410.
      CHAPTER 2.  PUBLIC BENEFIT CORPORATION PARTICIPATION



      Article 1.  General Provisions


   12405.  (a) The department shall establish a public benefit
corporation to house, manage, and oversee the statewide water
information  accounting  system created pursuant to
Section 12410 and the online water transfer information clearinghouse
created pursuant to Section 12415.
   (b) The public benefit corporation may, notwithstanding any other
law and not subject to otherwise applicable provisions of the
Government Code and Public Contract Code, operate the water
information system and the clearinghouse on its own, through a third
party, or by engaging the services of private consultants,
educational institutions, and NGOs to render professional and
technical assistance with and advice for carrying out creation and
management activities.
   (c) To the extent permitted by federal law, the public benefit
corporation may receive gifts, grants, or donations of moneys from
any agency of the federal government, any agency of the state, or any
municipality, county, or other political subdivision thereof, or
from any individual, association, foundation, or corporation for
achieving any of the purposes of this part. These moneys shall be
deposited in the Water Information System Administration Fund created
pursuant to Section 12425.

      Article 2.  Statewide Water Information  Accounting
 System


   12410.  (a) The public benefit corporation established pursuant to
Section 12405 shall establish a statewide water information 
accounting  system to improve the ability of the state to
meet the growing demand for water supply reliability and healthy
ecosystems. The public benefit corporation shall create the water
information  accounting  system in collaboration
with state and federal agencies, water data users, and water experts.

   (b) The water information  accounting  system
shall, at a minimum, do all of the following:
   (1) Integrate existing water data information from multiple
autonomous databases managed by federal, state, and local agencies
and academia using consistent and standardized formats.
   (2) Integrate, at a minimum, the following datasets:
   (A) The department's information on State Water Project reservoir
operations, groundwater use, and groundwater levels through
California Statewide Groundwater Elevation Monitoring (CASGEM), urban
water use, and land use.
   (B) The state board's data on water rights, water diversions, and
water quality through California Environmental Data Exchange Network
(CEDEN).
   (C) The Department of Fish and Wildlife's information on fish
abundance and distribution.
   (D) The United States Geological Survey's stream flow
  streamflow  conditions information through the
National Water Information System.
   (E) The United States Bureau of Reclamation's federal Central
Valley Project operations information.
   (F) The United States Fish and Wildlife's,  
Wildlife Service   's,  United States Forest Service's,
and National Oceanic and Atmospheric Administration Fisheries' fish
abundance information.
   (3) Incorporate clear and careful documentation of data quality
and data formats through metadata.
   (4) Adhere to data protocols developed by state agencies pursuant
to Section 12420.
   (5) Be able to receive both spatial and time series data from
various sources.
   (6) Enable custom dashboards, visualizations, graphing, and
analysis.

      Article 3.  Online Water Transfer Information Clearinghouse


   12415.  The public benefit corporation established pursuant to
Section 12405 shall establish an online water transfer information
clearinghouse for water transfer information that shall include all
the following:
   (a) A database of historic water transfers and transfers pending
responsible agency approval.
   (b) A public forum to exchange information on water market issues.

   (c) Information to assist proponents with responsible agency
approval water transfer processes.
      CHAPTER 3.  STATE AGENCY RESPONSIBILITIES


   12420.  (a) The department, the state board, and the Department of
Fish and Wildlife shall develop an open, transparent process to
develop protocols for data sharing, documentation, quality control,
public access, and promotion of open source platforms and decision
support tools related to water data. The agencies shall develop and
submit to the Legislature, in compliance with Section 9795 of the
Government Code and before the establishment of a statewide water
information  accounting  system pursuant to Section
12410, a report describing these processes and protocols.
   (b) Grant recipients for research or projects relating to the
improvement of water data that receive state funds shall adhere to
the protocols developed by state agencies pursuant to subdivision (a)
for data sharing, transparency, documentation, and quality control.
   (c) A researcher or grant recipient that does not comply with
subdivision (b) is not eligible for state funding until the
researcher or grant recipient complies with those requirements.

   12421.  (a) The department, the state board, and the Department of
Fish and Wildlife shall, by ____, prepare and submit to the
Legislature in compliance with Section 9795 of the Government Code a
report that identifies priority basins and subbasins that need
additional surface water or groundwater monitoring sites, evaluates
the feasibility of creating a better surface water and groundwater
monitoring network, and estimates the cost of and provides options
for funding the water information system.
   (b) The department shall develop both of the following:
   (1) A consistent method for estimating groundwater budgets.
   (2) A system for forecasting water supply availability and
subbasin flows during wet, average, and dry periods. 

   12422.  The state board shall do all of the following:
   (a) Develop a consistent and documented approach for estimating
wet, average, and dry year water availability based on existing water
use data collected from all surface water right holders that are
required to file statements of diversion and use, including riparian
and pre-1914 appropriative rights, and, where available, groundwater
use information.
   (b) (1) Require surface water right holders to electronically
report return flow quantities and develop criteria for the reporting
frequency that is required for different water rights holders.
   (2) The state board may adopt a policy that requires more frequent
monitoring and reporting from water right holders with water rights
that are more likely to affect water availability than others.
   (c) (1) Set and make public other water allocation priorities and
quantities for wet, average, and dry periods for the environment and
public health and safety.
   (2)  Categories of environmental flows shall include all of the
following:
   (A) Biological opinions pursuant to the federal Endangered Species
Act of 1973 (16 U.S.C. Sec. 1531 et seq.).
   (B) Federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) flows
for water quality.
   (C) Federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.)
requirements for wetlands.
   (D) Section 5937 of the Fish and Game Code, which requires fish
flows downstream of dams.  
   12423.  The Department of Fish and Wildlife shall share fish and
stream habitat data for inclusion in the water information accounting
system established by Section 12410. 
      CHAPTER 4.  WATER INFORMATION SYSTEM ADMINISTRATION FUND


   12425.  The Water Information System Administration Fund is hereby
created. All moneys in the fund are available, upon appropriation,
to the department for the improvement of water data, including
installing stream gauges and maintaining stream gauge networks, and
for the purposes of this part, including, but not limited to,
maintaining surface water and groundwater monitoring networks,
establishing and operating the public benefit corporation created
pursuant to Section 12405, maintaining and updating the statewide
water information  accounting  system and online
water transfer information clearinghouse, including the cost to
verify data, and modernizing water information databases.