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HomeMy WebLinkAboutMINUTES - 05231989 - WC.1 t ` WC1 To: BOARD OF SUPERVISORS Water Committee FROM: Supervisor Sunne McPeak Contra Supervisor Tom Torlakson C ) to DATE; May 23 , 1989 C_• g SUBJECT: Water Legislation (�Jr��/ SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMffiNDATION Take the following positions, as 'Governing Board of the Contra Costa Water Agency, on the legislation below: 1. AB 1312 (Filante) -- Water Reclamation: Parallel Pipelines ( 3/6/89 ) -- Support AB 1846 (Costa) -- Water Rights: Administrative Remedies ( 3/9/89) -- Watch AB 2092 (Brown) -- Water Quality: Bay Protection and Toxic Cleanup ( 3%10%89) -- Support SJR 26 (Mccorquodale) -- Fish and Wildlife: Water Needs; Studies ( 3/27/89) -- Support SB 614 (Doolittle) -- Water Flows: San Francisco Bay-Delta Estuary ( 2/23/89) -- Oppose AB 1375 (Costa) -- Water Quality and Water Conservation Bond Law ( 3/6/89) -- Support 2. Authorize Chair to sign letters to Sacramento and El Dorado Counties requesting positions on Senate Bill 1712 regarding Environmental Development Bonds for an Auburn Dam Project. 3 . Authorize Chair to sign letters to the members of the Assembly Ways and Means Committee urging support of Assembly Bill 2210 regarding Bay-Delta protection. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(s): Auprvisor Sunne Mcc aP t" Supervisor Tom Torlakson ACTION OF BOARD ON MAY APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT _ AND CORRECT COPY OF AN ACTION TAKEN AYES:_ NOES: AND ENTERED ON THE MINUTES OF THE 130ARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DpA(TE SHOWN. cc: Community Development (Orig. Dept . ) ATTESTED — MAY 23 1989 County Legislative Delegation (via CDD) PHIL BATCHELOR. CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382/7-83 BY &�7 ,bl , ,DEPUTY FINANCIAL IMPACTS None. REASONS FOR RECOMMENDATION%BACKGROUND 1 . At their meeting on May 15, 1989, the Board of Supervisors ' Water Committee considered each of the proposed legislative bills and examined the rationale that justified the above-stated positions for consistency with the County' s established water policy. A summary of the bills and rationale for the County positions is, on file - with the Community Development Department. 2. The Water Committee wishes to obtaininput regarding Development Bonds for the Auburn Dam Project, from those counties most impacted by such a project. Sacramento and El Dorado Counties' positions on senate Bill 1712 may provide some guidance to establishmentof a Contra Costa County position on this issue. 3 . The Board of Supervisors endorsed Assembly Bill 2210 regarding Bay-Delta protection on March 28, 1989. This bill declares protection of the Bay-Delta estuary as a matter of State policy, and otters protection to beneficial uses by operation of the State Water Project in a manner which mitigates adverse impacts to the estuary. The Water Committee wishes to further support this legislation by communicating the importance of this bill and our County support to the Assembly Ways and Means Committee. jll5:wat.brd -2- POSITIONS OF THE CONTRA COSTA COUNTY WATER AGENCY ON SELECTED 1989 WATER LEGISLATION (FOR BOARD OF SUPERVISORS CONSIDERATION MAY 23, 1989) AB 1312 - Filante - Water Reclamation: Parallel Pipelines (March 6, 1989) Summary A $200 million bond issue which would provide funds for water reclamation projects, set-up on a revolving fund basis, so that funds are re-loaned as they are paid back. The loan interest rate would be equal to 50% of the interest rate paid by the State on the most recent sale of State General Obligation Bonds. The loan interest rate for, public agencies with requirements that . . .mandate the use of reclaimed water would be equal to only 45% (not 50%) of the interest rate paid by the State. Recommended Position: Support. Rationale: Reclamation programs are consistent with County Conservation policy, and recent support of water reclamation efforts. AB 1846 - Costa - Water Rights: Administrative Remedies (March 9, 1989) Summary: Challenges regarding water rights or the public trust doctrine must first be processed through the State Water Resources Control Board (SWRCB) prior to judicial proceedings. This would apply to proceedings initiated after January 1, 1987. Recommended Position: Watch; recommend this bill be amended to require the SWRCB to act on these challenges in a timely manner. Rationale: Interpretation of the public trust doctrine by the SWRCB prior to judicial consideration needs more review. The judicial system needs to be available as an option to resolve public trust issues. AB 2092 - Brown - Water Quality: Bay Protection and Toxic Cleanup (March 10, 1989 Summary: This bill would require the State Water Resources Control Board (State board) , and the Regional Water Quality Control Boards (regional boards) to coordinate with the State Department of Health Services (DHS) and the Department of Fish and Game (DF&G) to develop a comprehensive program to: Identify and characterize toxic hot spots; Plan for cleanup; and - To amend water quality control plans and policies accordingly. This bill would also require: - The State board to submit (by July 1, 1991) a plan for adoption of sediment quality thresholds for suspected or identified hot spots and toxic pollutants; - The State board to base thresholds on health risk assessments; - The above agencies to adopt general criteria for assessment and ranking of toxic hot spots; - Each regional board to complete a toxic hot spots cleanup plan by July 1, 1993; and (within 120 days of ranking) , initiate reevaluation of waste discharge requirements to hot spot contributors (dischargers) ; The State board to submit to the Legislature a consolidated statewide toxic hot spots plan; Each regional board to develop a data base which identifies and describes all potential hot spots; and Prohibition of dredging of hot spot sites unless previously certified; criteria established for certification by January 1, 1993. Position• Support. Rationale: This legislation provides methods of implementation for long-standing County policies regarding water quality and Bay-Delta protection and preservation. SJR 26 - McCorquodale: Fish and Wildlife: Water Needs; Studies (March 27, 1989) Summary: This bill memorializes the President and U.S. Congress to order suspension of Central Valley Project water sales efforts by the Bureau of Reclamation. Recommended Position: Support. Rationale• County policy provides that no additional water should be exported prior to completion of the SWRCB Bay-Delta hearings, when flow standards are established. In addition, adverse impacts to fish and wildlife must be mitigated for past actions as well as new programs. SB 614 - Doolittle - Water Flows: San Francisco Bay-Delta Estuary (February 23, 1989 Summary: This bill would restrict the SWRCB from implementing permit terms or conditions, or public trust use of Bay-Delta waters which demand delta flows in excess of those imposed on January 1, 1989. This bill would be repealed if SB 1712 is not approved at the 1990 general election. Recommended Position: Oppose. Rationale: The County does not recommend any restriction of flow standards prior. to conclusion of the SWRCB Bay-Delta hearings. In addition, the County supports using the public trust as part of the water rights process. AB 1375 - Costa - Water Quality and Water Conservation Bond Law (March 6, 1989) Summary: A $200 million bond issue which would provide funds to aid in the acquisition and construction of groundwater treatment and groundwater recharge facilities and water conservation programs. Recommended Position: Support. Rationale: This bill is consistent with County policy on water quality and water conservation. RG:jal:jll6.wat.leg 2.