Bill Text: CA SB1219 | 2021-2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 21st century water laws and agencies: committee.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-06-09 - June 14 set for first hearing canceled at the request of author. [SB1219 Detail]

Download: California-2021-SB1219-Introduced.html


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1219


Introduced by Senators Hurtado and Cortese

February 17, 2022


An act to add Section 12805.4 to the Government Code, and to amend and repeal Section 175 of, and to add Section 175.1 to, the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


SB 1219, as introduced, Hurtado. Water: State Water Resources Control Board dissolution: Blue Ribbon Commission.
Existing law establishes the State Water Resources Control Board within the California Environmental Protection Agency with specified duties relating to, among other things, administering water rights, the Porter-Cologne Water Quality Control Act, and the California Safe Drinking Water Act. Existing law establishes the Department of Water Resources within the Natural Resources Agency and prescribes the jurisdiction and various general administrative authorities and duties of the department regarding, among other things, matters pertaining to water resources and dams in the state.
This bill would dissolve the board as of January 1, 2025. The bill would designate the department as the successor to the board and would vest the department with all of the powers, duties, purposes, responsibilities, and jurisdiction vested in the board under existing law, including, but not limited to, those laws under which permits or licenses to appropriate water are issued, denied, or revoked, under which the functions of water pollution and quality control are exercised, and under which drinking water is regulated.
The bill would require the Secretary of the Natural Resources Agency and the Secretary for Environmental Protection to convene a Blue Ribbon Commission to develop and submit, on or before December 31, 2024, to the Governor and to the Legislature a strategic vision, proposed statutes, and recommendations for a modern 21st century set of water agencies for the state, as provided. The commission would consist of specified heads of state agencies, 2 members appointed by the Senate Committee on Rules, and 2 appointed by the Speaker of the Assembly. The bill would authorize the Governor or the commission to appoint a citizen commission, advisory committee, task force, or any other group that the Governor or the commission deems necessary or desirable to assist in carrying out these provisions. The bill would require all relevant state agencies, at the request of the commission, to make available staff and resources to assist in the preparation of the strategic vision and proposed statutes. The bill would authorize the commission, its members, and state agencies represented on the commission to contract for consultants to assist in the preparation of the strategic vision and proposed statutes, as specified, and would exempt those contracts from certain public contracting requirements.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12805.4 is added to the Government Code, to read:

12805.4.
 (a) (1) The Secretary of the Natural Resources Agency and the Secretary for Environmental Protection shall convene a Blue Ribbon Commission to develop and submit, on or before December 31, 2024, to the Governor and to the Legislature in compliance with Section 9795 a strategic vision, proposed statutes, and recommendations for a modern 21st century set of water agencies for the state.
(2) The requirement for submitting a report to the Legislature imposed under paragraph (1) is inoperative on December 31, 2028, pursuant to Section 10231.5.
(b) The commission shall include all of the following:
(1) The Secretary of the Natural Resources Agency.
(2) The Secretary of Business, Consumer Services, and Housing.
(3) The Secretary of Transportation.
(4) The Secretary for Environmental Protection.
(5) The Secretary of Food and Agriculture.
(6) The President of the Public Utilities Commission.
(7) Two members appointed by the Senate Committee on Rules.
(8) Two members appointed by the Speaker of the Assembly.
(c) The strategic vision and draft statutes shall address all of the following:
(1) Sustainable ecosystem functions, including aquatic and terrestrial flora and fauna.
(2) Sustainable land use and land use patterns.
(3) Sustainable transportation uses, including streets, roads and highways, and transportation by water.
(4) Sustainable utility uses, including aqueducts, pipelines, and power transmission corridors.
(5) Sustainable agriculture water supply uses.
(6) Sustainable recreation uses, including current and future recreational and tourism uses.
(7) Sustainable flood management strategies.
(d) The commission shall seek input from elected officials, governmental agencies, interested parties, educational institutions, and local communities. The Governor or the commission may appoint a citizen commission, advisory committee, task force, or any other group or groups that the Governor or the commission deems necessary or desirable to assist in carrying out this section.
(e) For purposes of carrying out this section, the commission may also seek input from other policy and resource leaders.
(f) All relevant state agencies, at the request of the commission, shall make available staff and resources to assist in the preparation of the strategic vision and proposed statutes.
(g) (1) The commission, its members, and state agencies represented on the commission may contract for consultants to assist in the preparation of the strategic vision and proposed statutes in accordance with Article VII of the California Constitution.
(2) Contracts entered into pursuant to paragraph (1) shall terminate no later than December 31, 2024.
(3) Contracts entered into pursuant to paragraph (1) are exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.

SEC. 2.

 Section 175 of the Water Code is amended to read:

175.
 (a) There is in the California Environmental Protection Agency the State Water Resources Control Board consisting of five members appointed by the Governor. One of the members appointed shall be an attorney admitted to practice law in this state who is qualified in the fields of water supply and water rights, one shall be a registered civil engineer under the laws of this state who is qualified in the fields of water supply and water rights, one shall be a registered professional engineer under the laws of this state who is experienced in sanitary engineering and who is qualified in the field of water quality, and one shall be qualified in the field of water quality. One of the above-appointed persons, in addition to having the specified qualifications, shall be qualified in the field of water supply and water quality relating to irrigated agriculture. One member shall not be required to have specialized experience.
(b) Each member shall represent the state at large and not any particular portion thereof and shall serve full time. The board shall, to the extent possible, be composed of members from different regions of the state. The appointments made by the Governor shall be subject to confirmation by the Senate in accordance with Article 2 (commencing with Section 1770) of Chapter 4 of Division 4 of Title 1 of the Government Code.
(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 3.

 Section 175.1 is added to the Water Code, to read:

175.1.
 The State Water Resources Control Board is hereby dissolved as of January 1, 2025. On that date, the Department of Water Resources succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction vested in the State Water Resources Control Board, or any officer or employee thereof, under existing law, including, but not limited to, those laws under which permits or licenses to appropriate water are issued, denied, or revoked, under which the functions of water pollution and quality control are exercised, and under which drinking water is regulated. Commencing January 1, 2025, any reference to the State Water Resources Control Board in law shall be deemed to be a reference to the Department of Water Resources.

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