Climate Change

AB 715 – Water Conservation: Toilet & Urinal Efficiency

Under existing law, new toilets sold or installed in the state may not use more than 1.6 gallons per flush.  AB 715 would provide that new “dual-flush” toilets may not use more than 1.6 gallons-solid and 1.1 gallons-liquid per flush.  Standard toilets may not use more than 1.3 gallons per flush.  The bill would also change the maximum amount of water used by new urinals from 1.0 gallons per flush to 0.5 gallons per flush.  The bill also establishes a process for waterless urinals to be authorized under the Plumbing Code.  By the tenth year, the state is expected to save over 8 billion gallons of water per year, surpassing the total amount of bottled water Americans consumed in all of 2005.

AB 1058 – Green Buildings

In 2005, California had approximately 12.9 million existing housing units and over 211,000 new units were constructed.  The construction of a 2,000 square foot home generates three to five tons of waste material, California residences use 5.6 million acre-feet of applied water annually, and the residential sector accounts for roughly 31% of the electricity consumed in the state.  Green building practices efficiently utilize energy, water, and materials throughout the building life cycle; enhance indoor air quality; and incorporate environmentally-preferable products.  AB 1058 would require the California Environmental Protection Agency to develop a set of voluntary residential green building best practices with a specified working group.  That working group will also develop minimum standards for submission to the California Building Standards Commission for inclusion in the Building Code.  Additionally, the entities involved in formation of the best practices and standards are required to consider relevant existing initiatives.  Beginning July 2011, a review of the best practices will be conducted to enable revisions to the minimum standards.  By July 1, 2013, all residential buildings in California will be required to exceed the minimum standards created in this bill. 

AB 1066 – Coastal Sea Level Rise

Coastal California and the San Francisco Bay have witnessed persistent sea level rise over the past century (roughly 4-8 inches or 10-20 cm).  The California Climate Change Center projects up to a 3 foot sea level rise by the end of this century.  Some of the impacts associated with sea level rise along the coast include water quality problems, coastal flooding, coastal erosion, beach loss, cliff failure and saltwater intrusion.  AB 1066 would increase state and local coastal preparedness for impacts from sea level rise associated with climate change.  Specifically, the bill would establish a state agency working group to assess sea level rise impacts and plan for how the state should to adapt and mitigate to the impacts; and requires the Ocean Protection Council and the California Climate Change Center to provide the best available scientific information to state and local agencies, including future projections for sea level rise.

AB 1404 – Water Measurement

Currently, water use information reported by local entities is collected by 3 different state agencies.  AB 1404 is intended to fill critical data gaps to enable more effective water management planning and investment decisions at the state and regional levels, and to demonstrate the effects of water conservation measures.  The bill requires state agencies to develop a coordinated database of urban and agricultural water use, and requires agricultural water suppliers to report their water use information to the state.  AB 1404 will streamline the water use reporting system to reduce the burden on those reporting the information and allow for a more useful data system.

AB 1420 – Urban Water Conservation

Increased compliance with water conservation measures in urban areas is estimated to result in an annual water savings of approximately 300,000 acre feet statewide.  Currently, state law requires 14 conservation measures (referred to as demand management measures) to be included in a local water supplier’s Urban Water Management Plan.  Examples of the conservation measures include retrofit toilet programs, school education and water system audits. AB 1420 requires, as a condition of eligibility for state water management grants, that urban water suppliers implement the water conservation measures in order to increase water use efficiency in urban areas. 

Flood Control, Ocean Health & Resource Protection

AB 156 – Flood Control

In 1911, the federal and state governments adopted a flood control plan for the Sacramento Valley that included a system of “project” levees and bypasses.  In the 1986 flood, one of these levees failed.  In the subsequent Paterno case, the appellate court determined that the state was liable because the levee was not properly constructed and maintained.  AB 156 would: (1) require the Department of Water Resources to prepare a status report on these levees; (2) require local levee districts to provide certain information relevant to the status report; (3) require the department to annually notify each landowner protected by a project levee of the flood risk and to suggest that the landowner purchase flood insurance; (4) allow the department to develop a mitigation bank for levee work; (5) require the department to establish a schedule of when it will map areas for flood risk; and (6) require a local levee safety plan to be prepared as a condition of an area receiving state funding for levee enlargements.

AB 739 – Urban Stormwater Runoff

Urban stormwater runoff is a significant source of pollution to coastal and other water bodies. Anything that can be washed into the state's water bodies--such as oil and fluids from cars, and fertilizer and pesticides from lawns--contributes to stormwater pollution.  Stormwater has been regulated by the state since 1987 by requiring the adoption of “best management practices” to reduce pollution.  However, there is no comprehensive monitoring and reporting system in place that can demonstrate that the program is effectively protecting the water quality.  AB 739 would require the State Water Resources Control Board to develop and implement a framework that will assess the effectiveness of the stormwater management program in order to ensure the program is improving water quality.  The bill also defines the priorities for expenditure of the stormwater funds in Proposition 84 and Proposition 1E.

AB 740 – Commercial Vessel Invasive Species

Aquatic invasive species significantly impact California’s marine ecosystem and coastal economies. Hull maintenance and cleaning of commercial vessels is necessary to remove the attached invasive species.  AB 740 would reduce the introduction of invasive species into California’s coastal waters through increased regulation of large commercial vessels entering California ports.  Specifically, the bill would expand the current ballast water regulatory program to include cleaning and maintenance of the vessel hulls. 

AB 1130 – Above-Ground Petroleum Storage Tanks

In 1990, the state established a program to establish requirements for above-ground petroleum storage tanks and to carry out a state inspection of those tanks.  AB 1130 would transfer the inspection program to those local safety agencies which inspect below-ground storage tanks, hazardous materials storage, and hazardous waste disposal.  The shift of the program should reduce total costs and improve safety by having better trained inspectors.

AB 1220 – Oil Spill Prevention and Response Act: Borrowing Authority

The Office of Spill Prevention and Response within the Department of Fish and Game was established in 1990 to create an oil spill prevention system, an oil spill response capability, and a financial method to pay for oil spill cleanup.  Fees on oil importation, export and refining are used to maintain an oil spill reserve account of $54 million.  In addition to the account, the law was intended to authorize the State Treasurer to borrow additional funds if needed in response to an oil spill.  In reviewing the law, the Attorney General's office concluded that the State Treasurer would be unable to borrow the necessary funds.  Sponsored by the State Treasurer, AB 1220 would amend current law to provide that any state bonds issued by the State Treasurer for the cleanup of oil spills would be backed by fees on oil importers, exporters, and refiners.  By correcting the error in existing law, this bill assures that funds will be available for the cleanup of oil spills. 

AB 1280 – Fisheries Management

Currently, traditional fishery management in California and much of the nation can be characterized as a “race for fish” in which fishers catch as much fish as possible, as fast as possible.  This race results in an unprofitable and depleted fishery--which hurts both the fishers and the fishery.  Fishery Management Plans (FMPs) provide an opportunity to explore innovative approaches to shift from the traditional model.  FMPs are currently required under the Marine Life Management Act, however the implementation and funding for the Act is significantly delayed.  AB 1280 aims to end the delay by increasing funding available for FMPs.

AB 1396 – Coastal Trail

For over 30 years, federal, state, and local governments, as well as private entities, have supported the development of the Coastal Trail (Trail).  The Trail is envisioned to stretch 1,300 miles along the entire California Coast.   At this time the trail is only 40% complete.  The complexity of planning the Trail necessitates ongoing and increasing attention and resources.  AB 1396 requires Caltrans to participate in the development of the Trail, and to annually report to California’s resource agencies on surplus properties for sale in the coastal zone. The bill also requires regional transportation planning agencies to include provisions for the Trail in coastal transportation plans.