Bill Text: CA AB2962 | 2023-2024 | Regular Session | Amended
Bill Title: Wholesale Regional Water System Security and Reliability Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-26 - From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on APPR. [AB2962 Detail]
Download: California-2023-AB2962-Amended.html
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Amended
IN
Assembly
April 10, 2024 |
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Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2962
| Introduced by Assembly Member Papan |
February 16, 2024 |
An act to amend Section Sections 73504, 73510, and 73514 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2962, as amended, Papan.
Wholesale Regional Water System Security and Reliability Act.
Existing law, the Wholesale Regional Water System Security and Reliability Act, requires the City and County of San Francisco to adopt a specified program of capital improvement projects designed to restore and improve the bay area regional water system, as defined. Existing law makes the act inoperative and repeals these provisions on January 1, 2026.
This bill would extend the repeal date of the act to January 1, 2036. 2036, and make technical nonsubstantive changes. By extending the period of time during which certain requirements would apply to regional wholesale water suppliers and the City and County of San Francisco, the bill would impose a
state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco and the regional water system, and that the bill addresses a matter of statewide concern rather than a municipal affair and applies to charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) The City and County of San Francisco operates the Hetch Hetchy Project as a regional water delivery system, supplying water to persons and entities in the City and County of San Francisco and the Counties of Alameda, San Mateo, and Santa Clara.
(b) The Wholesale Regional Water System Security and Reliability Act requires the City and County of San Francisco to adopt a specified program of capital improvement projects
designed to restore and improve the bay area regional water system and to submit a report, on or before September 1 of each year, to various entities describing the progress made on the implementation of the capital improvement program during the previous fiscal year.
(c) The Wholesale Regional Water System Security and Reliability Act authorizes the City and County of San Francisco to determine that the completion dates for projects contained in the program should be delayed or that different projects should be constructed. The act requires each city to identify in its progress report any project that is behind schedule and for each project so identified to describe its plan and timeline for making up the delay or adopting a revised implementation schedule.
(d) The
Wholesale Regional Water System Security and Reliability Act imposes various other requirements on regional
wholesale water suppliers, including a requirement that these suppliers submit an annual report describing the progress made on securing supplemental sources of water to augment existing supplies during dry years.
(e) The Wholesale Regional Water System Security and Reliability Act shall become inoperative on January 1, 2026.
(f) On February 26, 2003, pursuant to the requirements of the Wholesale Regional Water System Security and Reliability Act, the San Francisco Public Utilities Commission submitted to the State Department of Health Care Services a report outlining the projects, schedule, and implementation plan for the capital improvement program that included 85 projects which expanded on the subset detailed in the act.
(g) The City and County of San Francisco has not yet concluded its capital improvement projects and, particularly, the regional groundwater storage and recovery project and the Alameda Creek recapture project will not be completed by the end of 2025.
(h) Both the regional groundwater storage and recovery project and the Alameda Creek recapture project are critical to the regional water system’s ability to provide reliable water supply during a drought, specifically in response to the Wholesale Regional Water System Security and Reliability Act’s requirement for the San Francisco Public Utilities Commission to submit a report annually on progress made during the previous calendar year on securing supplemental sources of water to augment existing supplies during dry years.
(i) In order to provide continued oversight of the capital improvement projects through completion and to account for any further adjustments to the projects schedule during the next 12 years, this bill would extend the oversight provisions of the Wholesale Regional Water System Security and Reliability Act to January 1, 2036.
(j) The continued reliability of the regional water system is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. This act shall apply to all cities, including charter cities and a charter city and county, as applicable pursuant to Division 20.5 (commencing with Section 73500) of the Water Code.
SEC. 2.
Section 73504 of the Water Code is amended to read:73504.
(a) Commencing in 2003, a regional wholesale water supplier shall submit a report to the Legislature and the(b) In order to supply adequately, dependably, and safely the requirements of all users of water, the city shall continue its practice of operating the reservoirs in the
Counties of Tuolumne and Stanislaus in a manner that ensures that the generation of hydroelectric power will not cause any reasonably anticipated adverse impact on water service. The city shall assign higher priority to delivery of water to the bay area than to the generation of electric power, unless the Secretary of the Interior, in writing, notifies the city that doing so would violate the Raker Act (63 P.L. 41). The city shall make available to the public, on request, its plans of operations (rule curves) for these reservoirs.
(c) The city shall be deemed to be a local public agency for the purposes of Article 4 (commencing with Section 1810) of Chapter 11 of Part 2 of Division 2.
