Urgent Action Requested on CARB Fleet Regulation Changes

ACWA members are encouraged to provide testimony during the California Air Resources Board’s (CARB) public hearing on June 25 regarding the latest amendments to the Advanced Clean Fleets (ACF) regulation. 

The proposed changes expand the regulation to include all lease and contract agreements, regardless of length, as part of a public fleet’s compliance with the ACF regulation. ACWA is concerned this approach would create significant implementation challenges for public agencies and has been actively engaged with CARB throughout the development of the regulation to advocate for member needs and operational flexibility. 

Take Action Now  

Member agency engagement with CARB has proven critical in obtaining flexibility for public fleets to date. ACWA urges members to take the following steps: 

1. Attend the public hearing on June 25. ACWA encourages members to provide oral comments in person; however, there is a virtual option available. Public comments should be given during the Open Session portion of the agenda and should be limited to no more than two minutes. For those attending in person and virtually, instructions for participating are provided in the notice.  

What to Include in Your Oral Comments: ACWA encourages member agencies to state the following in your talking points. 

• Express concern with the latest 15 Day Changes to ACF that includes all lease and contract agreements, regardless of duration, in a public fleet’s compliance with ACF. This requirement will be impractical for public fleets to comply with and challenging for CARB staff to administer. 

• Encourage CARB to repeal the latest June 1, 2026, 15-day changes and return to the previous changes from the initial 15-day changes, dated April 2, 2026, as a starting point for the next amendment process undertaken by CARB. 

• Encourage CARB to start a new amendment process to continue working on the many remaining challenges with ACF that have been discussed this past year. 

• Express a desire to continue to work with CARB on ACF to ensure public fleets’ needs are considered. 

ACWA staff will continue to advocate for its members with regard to ACF beyond the current amendment process to ensure members’ needs are heard and considered by CARB. 

Background 

The ACF regulation requires state and local government fleets in California to transition medium‑ and heavy‑duty vehicles to zero‑emission vehicles (ZEVs) over time, with phased purchase mandates beginning in 2024 and a full transition targeted by 2045. Federal actions in 2025 significantly limited the rule’s applicability to public fleets only. 

Questions 

For questions regarding the CARB hearing, or ACF in general, please contact ACWA Senior State Relations Advocate  Nick Blair  at (916) 669-2377. 

Members Encouraged to Provide Comments at Jan. 28-30 State Water Board Hearing on Draft Bay-Delta Plan

ACWA members have a valuable opportunity to show their support for the Healthy Rivers and Landscapes (HRL) Program at the State Water Resources Control Board’s public hearing on Jan. 28-30. ACWA is a long-standing supporter of the HRL Program as the best approach to protecting, restoring and enhancing the Bay-Delta.

Take Action Now

Member agency engagement with the State Water Board has proven critical in identifying the HRL Program as a collaborative, modern and holistic approach to improving the Bay-Delta ecosystem and water supply reliability. ACWA urges members to take the following steps:

1. Attend the public hearing on Jan 28-30. ACWA encourages members to provide oral comments in person; however, there is a virtual option available. Public comments should be limited to no more than three minutes. For those attending in person and virtually, instructions for participating are provided in the notice.

What to Include in Your Oral Comments: ACWA encourages member agencies to support the HRL Program by including the following in your talking points.

• Acknowledge the governor’s leadership in advancing the HRL Program.
• Commend the State Water Board for including the HRL Program in the revised draft Bay-Delta Plan updates.
• Request that the HRL Program be incorporated into the final draft updates in a manner consistent with the proposals advanced by HRL Program parties.
• Emphasize how the HRL Program benefits your water management operations, local water supplies and communities.
• Stress the importance of timely action to advance and adopt the Sacramento/Delta update to the Bay-Delta Plan.

2. Submit written comments by Feb. 2. Written comments can be emailed to SacDeltaComments@waterboards.ca.gov, using the subject line: “Comment Letter – Revised Draft Sacramento/Delta Bay-­Delta  Plan Updates & Ch. 13 of Draft Staff Report.” Written comments must be received by Feb. 2.
3. Advocate for the HRL Program. A one-page handout, “A Recipe for a Resilient Bay-Delta,” can be used when meeting with decision-makers and interested parties. This document highlights the HRL Program’s advantages, including how it revitalizes ecosystems, provides reliable water for communities and farms, maintains hydropower as a clean energy resource and supports California’s housing goals.

ACWA staff will continue to engage with its Bay-Delta Working Group to guide ACWA’s advocacy on the Bay-Delta Plan Update.

Background

The HRL Program represents a collaborative, modern, and holistic approach to improving the Bay-Delta ecosystem and water supply reliability. Developed by the Newsom Administration, the HRL Program is supported by federal, state, and local water leaders to create a comprehensive program of habitat enhancement projects coupled with more water for fish and wildlife, managed in a collaborative, science-based manner.

Learn more about this approach to protecting, restoring and enhancing California’s Bay-Delta on ACWA’s website or the California Natural Resources Agency’s website.

Questions

For questions regarding the State Water Board hearing, Bay-Delta Plan Update or the HRL Program, please contact ACWA State Relations Advocate Stephen Pang at (916) 669-2369.

Members Urged to Join Coalition Letter on Tuolumne River Report

ACWA is urging members to sign an ACWA-led coalition letter by Nov. 6 that provides input to the State Water Resources Control Board regarding the draft Scientific Basis Report Supplement (draft SBR) for the Tuolumne River Healthy Rivers and Landscapes Program (Tuolumne HRL). The Tuolumne HRL is part of the broader HRL Program that has been included as a regulatory pathway in the Sacramento/Delta update to the Bay-Delta Plan.

The draft SBR presents the science analyzing the proposed provisions included in the Tuolumne HRL. The State Water Board has not yet decided whether to amend the Bay-Delta Plan to incorporate the Tuolumne HRL, which makes timely engagement by ACWA members essential.

The ACWA coalition letter expresses strong support for the Tuolumne HRL and the HRL Program as the preferred pathway for updating the Bay-Delta Plan.

ACWA is calling on members to take the following steps.

Take Action Now

1. Sign the ACWA-led coalition letter by Nov. 6 by completing a short online form. A draft of the coalition letter is available on ACWA’s website.
2. Member agencies can also submit individual comment letters to the State Water Board by Nov. 7 that share your agency-specific concerns with the draft SBR. Comment letters must be submitted via email to LSJR-SD-Comments@waterboards.ca.gov with the subject line: Comment Letter – Draft TVA Scientific Basis Report. Please forward a copy of your letter to ACWA State Relations Advocate Stephen Pang at stephenp@acwa.com and outreach@acwa.com.

Additional Information

The State Water Board is holding a workshop on the draft SBR on Nov. 5. This workshop will be a hybrid meeting held in the Coastal Hearing Room at the Joe Serna Jr. CalEPA building. For those viewing remotely, a webcast will be available on YouTube and the CalEPA website.

Background

The Bay-Delta Plan identifies beneficial uses of water in the Bay-Delta, water quality objectives to reasonably protect those uses, and a program of implementation for achieving the objectives, including monitoring and reporting requirements. The Clean Water Act and Porter-Cologne Act requires the State Water Board to review the Bay-Delta Plan every three years and update the plan as necessary.

For more information, a timeline of the Bay-Delta Plan update process and FAQs, visit ACWA’s website.

Questions

For questions about the Bay-Delta Plan update or providing comments, please contact ACWA State Relations Advocate Stephen Pang at (916) 669-2369.

Members Encouraged to Provide Comments at Nov. 5 State Water Board Hearing on Bay-Delta Plan Update

ACWA members have a valuable opportunity to show their support for the Healthy Rivers and Landscapes (HRL) Program at the State Water Resources Control Board’s public hearing on Nov. 5. ACWA is a long-standing supporter of the HRL Program as the best approach to protecting, restoring and enhancing the Bay-Delta.

Take Action Now

Member agency engagement with the State Water Board has proven critical in identifying the HRL Program as a collaborative, modern and holistic approach to improving the Bay-Delta ecosystem and water supply reliability. ACWA urges members to take the following steps:

1. Attend the public hearing on Nov 5. ACWA encourages members to provide oral comments in person; however, there is a virtual option available. Public comments should be limited to no more than five minutes. For those attending in person, speaker cards will be available in the meeting room. For those attending virtually, instructions for participating will be provided with the meeting agenda, which will be posted approximately a week before the meeting. More information on the hearing can be found in the State Water Board’s revised notice.

What to Include in Your Oral Comments: ACWA encourages member agencies to support the HRL Program by including the following in your talking points.

• Express support for the Tuolumne HRL as a cornerstone of the Governor’s Healthy Rivers and Landscapes Program and a reasonable, science-based alternative that advances the co-equal goals of the Bay-Delta Plan.
• Note that the Tuolumne HRL delivers tangible environmental benefits — including new floodplain and rearing habitat, restored spawning areas and increased flows in all water year types — resulting in a projected 150% increase in juvenile salmon compared to current conditions.
• Highlight that the Tuolumne HRL provides a balanced approach that protects water supply reliability and affordability, whereas a 40% unimpaired flow requirement would lead to significant water shortages, affecting housing development and affordability.
• Emphasize that the Tuolumne HRL is ready to implement now — fully self-funded with over $80 million committed by local partners — delivering immediate results without reliance on state or federal funding.
• Urge the State Water Board to consider the Tuolumne HRL alongside the Sacramento/Delta HRL as part of a holistic, integrated program that should not be fragmented.

2. Submit written comments by Nov. 7. Written comments can be emailed to LSJR-SD-Comments@waterboards.ca.gov, using the subject line: “Comment Letter – Draft TVA Scientific Basis Report.” Written comments must be received by 12 p.m. (noon) on Nov. 7.
3. Advocate for the HRL Program. A one-page handout, “A Recipe for a Resilient Bay-Delta,” can be used when meeting with decision-makers and interested parties. This document highlights the HRL Program’s advantages, including how it revitalizes ecosystems, provides reliable water for communities and farms, maintains hydropower as a clean energy resource and supports California’s housing goals.

ACWA staff will continue to engage with its Bay-Delta Working Group to guide ACWA’s advocacy on the Bay-Delta Plan Update.

Background

Developed by the Newsom Administration, the HRL Program is supported by federal, state and local water leaders to create a comprehensive program of habitat enhancement projects coupled with more water for fish and wildlife, managed in a collaborative, science-based manner.

The revised draft Sacramento/Delta updates to the Bay-Delta Plan include proposed changes to the draft updates, originally released in October 2024, based on public input and comments received throughout the planning process. The revised draft updates include two regulatory pathways: the HRL Program and the unimpaired flow approach for non-HRL Program parties.

Learn more about this approach to protecting, restoring and enhancing California’s Bay-Delta on ACWA’s website or the California Natural Resources Agency’s website.

Questions

For questions regarding the State Water Board hearing, Bay-Delta Plan Update or the HRL Program, please contact ACWA State Relations Advocate Stephen Pang at (916) 669-2369.

Members Urged to Provide Comments on Advanced Clean Fleets Regulation Amendments

The California Air Resources Board (CARB) is holding a workshop Sept. 25 to provide a forum to address amendments needed to accommodate AB 1594, the 2023 legislation that requires greater flexibility for public agencies faced with challenges in transitioning to zero-emission vehicles.

Now is the time for member agencies to engage with CARB to ensure that compliance with CARB’s Advanced Clean Fleets (ACF) regulation is feasible for public water agencies.

Take Action Now

Attend the workshop Sept. 25. ACWA encourages members to provide oral comments in person; however, there is a virtual option available if necessary. An ACWA handout includes recommended talking points for individual comments and information on how to attend and provide comments.

Next Steps

ACWA submitted written comments to CARB on Sept. 15 and plans to attend the workshop and provide oral comments. In an effort to help educate CARB staff about compliance challenges presented by the ACF regulation, ACWA staff continues to coordinate in-person field meetings at water agencies throughout the state. CARB staff has visited six member agencies and the next visit is scheduled for later this month.

Background

CARB adopted the regulation in April 2023. It requires all fleet owners and operators to start purchasing zero-emission vehicles in 2024, with the goal to move California’s medium- and heavy-duty trucks to zero emission, where feasible, by 2045.

ACWA led an active coalition that helped ensure CARB built exemption pathways in the regulation for situations where available zero-emission vehicles do not meet fleet needs and when charging infrastructure is not yet built to support fleet electrification.

Staff also led a coalition in support of AB 1594 (Garcia), which was designed to help local governments comply with the new regulation without compromising critical services to customers. The bill, which was passed by the Legislature and signed by Gov. Gavin Newsom, will offer greater flexibility to public agency utilities. It specifically addresses replacing traditional utility-specialized vehicles that are at the end of their useful life —without regard to the model year of the vehicle being replaced — to maintain reliable service and respond to major foreseeable events, including severe weather, wildfires, natural disasters and physical attacks.

ACWA’s coalition advocated to expand the bill to include more than just drinking water systems. As a result, the law going into effect now includes water districts, irrigation districts, flood control agencies, water authorities, reclamation districts, and others.

Public agencies not subject to ACF purchase requirements until 2027 must still submit annual reports to CARB prior to that year.

Questions

For questions regarding the ACF Regulation, please contact ACWA Senior State Relations Advocate Nick Blair at (916) 669-2377.

Members Encouraged to Provide Comments at Sept. 24-25 State Water Board Hearing on Bay-Delta Plan Update

ACWA members have a valuable opportunity to show their support for the Healthy Rivers and Landscapes (HRL) Program at the State Water Resources Control Board’s public hearing on Sept. 24-25. ACWA is a long-standing supporter of the HRL Program as the best approach to protecting, restoring and enhancing the Bay-Delta.

Take Action Now

Member agency engagement with the State Water Board has proven critical in identifying the HRL Program as a collaborative, modern and holistic approach to improving the Bay-Delta ecosystem and water supply reliability. ACWA urges members to take the following steps:

1. Attend the public hearing on Sept. 24-25. ACWA encourages members to provide oral comments in person; however, there is a virtual option available if necessary. An ACWA handout includes recommended talking points for individual comments and information on how to provide comments.
2. Submit written comments by Sept. 29. Written comments can be emailed to SacDeltaComments@waterboards.ca.gov. More information on how to submit comments is available in the ACWA handout.
3. Advocate for the HRL Program. A one-page handout—”A Recipe for a Resilient Bay-Delta“—can be used when meeting with decision-makers and interested parties. This document highlights the HRL Program’s advantages, including how it revitalizes ecosystems, provides reliable water for communities and farms, maintains hydropower as a clean energy resource and supports California’s housing goals.

Next Steps

ACWA continues its review of the revised draft updates and plans to provide oral and written comments to the State Water Board. ACWA staff will also continue to engage with its Bay-Delta Working Group to guide ACWA’s advocacy on the Bay-Delta Plan Update.

Background

Developed by the Newsom Administration, the HRL Program is supported by federal, state and local water leaders to create a comprehensive program of habitat enhancement projects coupled with more water for fish and wildlife, managed in a collaborative, science-based manner.

The revised draft Sacramento/Delta updates to the Bay-Delta Plan include proposed changes to the draft updates, originally released in October 2024, based on public input and comments received throughout the planning process. The revised draft updates include two regulatory pathways: the HRL Program and the unimpaired flow approach for non-HRL Program parties.

Learn more about this approach to protecting, restoring and enhancing California’s Bay-Delta on ACWA’s website or the California Natural Resources Agency’s website.

Questions

For questions regarding the Bay-Delta Plan Update or the HRL Program, please contact ACWA State Relations Advocate Stephen Pang at (916) 669-2369.

Members Urged to Join Coalition Letter on Draft Sacramento/Delta Updates to Bay-Delta Plan

ACWA is urging members to sign on to an ACWA-led coalition letter by Jan. 9 that provides input to the State Water Resources Control Board regarding draft of potential updates to the Sacramento/Delta portions of the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Watershed (draft Sacramento/Delta updates).

The draft Sacramento/Delta updates include options for incorporating the Healthy Rivers and Landscapes (HRL) Program, previously referred to as the Voluntary Agreements, and an unimpaired flow approach based on the proposed Plan Amendments in the State Water Board’s September 2023 draft Staff Report. The State Water Board has not yet decided how to proceed with the Sacramento/Delta updates to the Bay-Delta Plan, which makes timely engagement by ACWA members essential.

The ACWA coalition letter expresses strong support for the HRL Program as the preferred pathway for updating the Sacramento/Delta portions of the Bay-Delta Plan by requesting that the State Water Board make specific changes to the revised draft of the Sacramento/Delta updates and Staff Report.

Based on the public input received, State Water Board staff will develop a revised draft of proposed updates to the Bay-Delta Plan. The State Water Board is expecting to consider approval of the draft final Sacramento/Delta updates as early as spring 2025.

ACWA is calling on members to take the following steps.

Take Action Now

1. Sign on to the ACWA-led coalition letter by Jan. 9 by completing a short online form. A draft of the coalition letter is available on ACWA’s website.
2. Member agencies can also submit individual comment letters to the State Water Board by Jan. 10 that share your agency-specific concerns with the draft Sacramento/Delta updates. Comment letters must be submitted via email to SacDeltaComments@waterboards.ca.gov with the subject line: Comment Letter – Draft Sacramento/Delta Bay­Delta Plan Updates. Please forward a copy of your letter to ACWA State Relations Advocate Stephen Pang at stephenp@acwa.com and outreach@acwa.com.

Additional Information

The State Water Board is holding a workshop on Alternatives 5a and 6a on Jan. 23. This workshop will be a hybrid meeting held in the Sierra Hearing Room at the Joe Serna Jr. CalEPA building. For those viewing remotely, a webcast will be available on YouTube and the CalEPA website.

The State Water Board is also accepting written comments on Alternatives 5a and 6a by Jan. 30.

Background

The Bay-Delta Plan identifies beneficial uses of water in the Bay-Delta, water quality objectives to reasonably protect those uses, and a program of implementation for achieving the objectives, including monitoring and reporting requirements. The Clean Water Act and Porter-Cologne Act requires the State Water Board to review the Bay-Delta Plan every three years and update the plan as necessary.

For more information, a timeline of the Bay-Delta Plan update process, and FAQs, visit ACWA’s website.

Questions

For questions about the Bay-Delta Plan update or providing comments, please contact ACWA State Relations Advocate Stephen Pang at (916) 669-2369.

Members Urged to Attend Dec. 12 State Water Board Workshop, Provide Comments on Draft Bay-Delta Plan

ACWA is urging members to attend a State Water Resources Control Board workshop and provide comments in support of the proposed Healthy Rivers and Landscapes Program (HRL Program), formerly referred to as the Voluntary Agreements.

The State Water Board will be holding a series of workshops on the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Watershed (Bay-Delta Plan) update. Potential draft updates to the Sacramento/Delta portions include options for incorporating an unimpaired flow approach based on the proposed Plan Amendments in the State Water Board’s September 2023 draft Staff Report, or a pathway based on the HRL Program.

Members are urged to take the following steps to advocate for the State Water Board’s adoption of the HRL Program and against an unimpaired flow approach. Input received during these workshops will inform a revised draft of proposed updates to the Bay-Delta Plan.

Take Action Now

1. Provide oral comments in support of the HRL Program at the Dec. 12 State Water Board workshop by filling out a speaker card by Dec. 10. Speakers must indicate that they are attending the Dec. 12 workshop on the card. The workshop will begin at 9 a.m. in the Byron Sher Auditorium at the CalEPA building located at 1001 I Street in downtown Sacramento. ACWA is encouraging members to provide comments in person, although a virtual option is also available. Individual comments are scheduled to begin at 1 p.m. and may extend beyond 5 p.m.

What to Include in Your Oral Comments: ACWA encourages member agencies to support the HRL Program by using the following talking points.

• State your agency’s support for the HRL Program as the best pathway for updating the Bay-Delta Plan. Express your appreciation for the State Water Board’s consideration of the HRL Program, as it signals an important step forward.
• Express concern about the impacts of the unimpaired flow approach, as it would dramatically affect water supply reliability and affordability for communities across California, and would also reduce flexibility in managing temperature for native species. If possible, state the specific economic impacts to your water agency if the unimpaired flow approach is implemented. For example, the treatment costs associated with non-Delta supplies that would be needed to supplement your water supply portfolio.
• Request that State Water Board staff continue working with public water agencies to ensure that the HRL Program is evaluated as proposed by the participating entities, and to address concerns with Alternatives 5a and 6a, as well as other proposed provisions in the draft Bay-Delta Plan update that would diminish the program’s benefits.
• Reiterate your agency’s support for the HRL Program as it aligns with state goals, priorities, and plans; balances all beneficial uses of water; and will advance California on a path toward water resilience in the face of current and future climate challenges.

2. Engage with ACWA’s Bay-Delta Working Group to learn more about the draft updates and help inform ACWA’s advocacy as the State Water Board proceeds with the Sacramento/Delta update to the Bay-Delta Plan. If you would like to participate, please contact Stephen Pang.

Additional Information

The State Water Board will hold four additional workshops, each focusing on a specific topic and featuring panel presentations along with individual comments.

• 20: Unimpaired flow provisions in the draft updates
• 22: HRL Program provisions in the draft updates
• 3: HRL Program habitat accounting and tribal-focused topics
• 23: Alternatives 5a and 6a

More information on these workshops is available online.

Background

The Bay-Delta Plan identifies beneficial uses of water in the Bay-Delta, water quality objectives to reasonably protect those uses, and a program of implementation for achieving the objectives, including monitoring and reporting requirements. The Clean Water Act and Porter-Cologne Act require the State Water Board to review the Bay-Delta Plan every three years and update the plan as necessary.

For more information, a timeline of the Bay-Delta Plan update process, and FAQs, visit ACWA’s website.

Questions

For questions about the Bay-Delta Plan update or providing comments at the Dec. 12 workshop, please contact ACWA State Relations Advocate Stephen Pang at (916) 669-2369.

Members Urged to Attend Workshop, Provide Comments in Support of the Proposed Agreements for the Bay-Delta Plan

ACWA is encouraging member agencies to provide oral comments at the upcoming State Water Resources Control Board’s three-day workshop April 24-26 in support of the proposed Agreements to Support Healthy Rivers and Landscapes (Agreements) as the best pathway for updating and implementing the Sacramento/Delta portions of the Bay-Delta Plan. The purpose of the workshop is to provide a detailed overview of the Agreements (formerly referred to as the Voluntary Agreements), receive input and answer questions from Board members and solicit input from the public.

Members are urged to utilize this opportunity to advocate for the State Water Board’s adoption of the proposed Agreements and the associated benefits for water supply reliability, the environment, communities, agriculture and more. Input received during this workshop will inform the proposed Bay-Delta Plan amendments, including the program of implementation and the final Staff Report for the Sacramento/Delta Update to the Bay-Delta Plan.

Take Action Now

1. Provide oral comments in support of the Agreements at the State Water Board workshop on April 25 or April 26. The workshop will begin at 9 a.m. each day and oral comments will not be heard on April 24. Please note that you must submit a speaker card to provide oral comments. More information on the workshop agenda and comment instructions can be found in the workshop notice.

The below talking points can be used in your comments to support the Agreements and the associated benefits for water supply reliability, the environment, communities, agriculture and more.

• Recognize Gov. Gavin Newsom’s leadership in advancing the Agreements.
• Request that the Agreements, as originally proposed, be selected for the proposed Sacramento/Delta Update to the Bay-Delta Plan.
• Emphasize the benefits the Agreements provide to your water management operations, local water supplies and communities.

2. Attend ACWA’s preliminary planning meeting to learn more about what should be included in your oral comments. Contact ACWA State Relations Advocate Stephen Pang for meeting information.

3. Engage with ACWA’s Bay-Delta Working Group to learn more about the Agreements and help inform ACWA’s advocacy as the State Water Board proceeds with the Sacramento/Delta Update to the Bay-Delta Plan.

Background

In 2012, the State Water Board initiated a process to update the Sacramento River and Delta elements of the Bay-Delta Plan.

In 2017, the State Water Board finalized the “Scientific Basis Report in Support of New and Modified Requirements for Inflows from the Sacramento River and its Tributaries and Eastside Tributaries to the Delta, Delta Outflows, Cold Water Habitat, and Interior Delta Flows,” documenting the science supporting a possible Sacramento/Delta Update to the Bay-Delta Plan.

Based on the report, in 2018, State Water Board staff released the “July 2018 Framework for the Sacramento/Delta Update to the Bay-Delta Plan” for the reasonable protection of fish and wildlife, including Sacramento River and tributary and Delta eastside tributary (i.e., Calaveras, Consumnes, and Mokelumne rivers) inflows and cold water habitat measures, Delta outflows, and interior Delta flows. That same year, the lower San Joaquin River flow and southern Delta salinity portions of the Bay-Delta Plan were separately updated.

In 2022, the State Water Board received a “Memorandum of Understanding Advancing a Term Sheet for the Voluntary Agreements to Update and Implement the Bay-Delta Water Quality Control Plan, and Other Related Actions” (MOU). MOU signatories include state and federal agencies and water users who proposed the Agreements as a Bay-Delta Plan alternative that would be a voluntary pathway to achieving reasonable protection of fish and wildlife beneficial uses.

In January 2023, State Water Board staff released the “Draft Scientific Basis Report Supplement in Support of Proposed Voluntary Agreements for the Sacramento River, Delta, and Tributaries Update to the San Francisco Bay/Sacramento-San Joaquin Delta Water Quality Control Plan” (Draft Scientific Basis Report Supplement). The Draft Scientific Basis Report Supplement serves as a proposed addendum to the 2017 Scientific Basis Report and includes additional scientific information supporting scientific flow and non-flow habitat restoration actions in the tributaries, flood bypasses, and Delta outlined in the proposed Agreements.

In September 2023, the State Water Board released the draft Staff Report. The draft Staff Report assesses alternatives that may be considered for adoption by the State Water Board, including the Agreements and a 55 percent unimpaired flows approach based on the 2018 Framework. The “Final Draft Scientific Basis Report Supplement” was released as Appendix G2 to the draft Staff Report.

In November and December 2023, the State Water Board held three public hearings on the draft Staff Report. ACWA provided oral comments at the December 11 public hearing and written comments on the draft Staff Report in January 2024 in support of the Agreements. In its comments, ACWA strongly supported the Agreements as the best approach for protecting, restoring, and enhancing the Bay-Delta. ACWA urged the State Water Board to identify the Agreements in the final Staff Report and forthcoming program of implementation as the preferred pathway for the Sacramento/Delta update to the Bay-Delta Plan.

In March 2023, the State Water Board released additional documents provided by the Agreements parties which included Flow Accounting Procedures, Non-flow Measure Accounting Protocols, Implementing Agreements, and Enforcement Agreements. At the same time, the State Water Board also released the peer review package for the Final Draft Scientific Basis Report Supplement.

More information on the Sacramento/Delta Update to the Bay-Delta Plan and the proposed Agreements is available on the State Water Board’s and California Natural Resources Agency’s webpages.

Questions

For questions regarding the Bay-Delta Plan update, please contact ACWA State Relations Advocate Stephen Pang at (916) 669-2369.

Members Urged to Join Coalition, Provide Comments on Revised Draft Regulation for Water Use Efficiency

ACWA is urging its urban water supplier members to engage now with the State Water Resources Control Board on the development of its draft regulation for Making Conservation a California Way of Life.

The State Water Board released a significantly revised draft regulation March 12 that addresses many of ACWA and water suppliers’ concerns. The State Water Board is expected to adopt the regulation in summer 2024 and ACWA is calling on members to take the following steps.

Take Action Now

1. Provide oral comments in support of the revised changes at the State Water Board’s March 20 Public Workshop in Sacramento by filling out a speaker card. There is both an in-person and virtual option available, as noted on the card. The workshop is scheduled to begin at 9 a.m. More information on what to include in your concise comments is available in an ACWA call-to-action flyer.

2. Sign on to the ACWA-led coalition letter by March 25 by completing a short online form. ACWA will circulate the draft coalition letter by March 19.

Agencies may also submit their own comment letter to the State Water Board by March 27 that shares your specific concerns with the revised draft regulation. Comment letters may be submitted via email to commentletters@waterboards.ca.gov with the subject line: Comment Letter – Proposed Making Conservation a California Way of Life Regulation. Please forward a copy of your letter to ACWA State Relations Assistant Sonja Eschenburg at sonjae@acwa.com and outreach@acwa.com.

Background

In 2018, the Legislature enacted two key policy bills — SB 606 (Hertzberg) and AB 1668 (Friedman) — to implement a new framework for long-term water conservation and drought planning for water suppliers. The two bills provide new and expanded authorities and requirements that affect water conservation and drought planning for water suppliers, agricultural water suppliers, and small water suppliers and rural communities.

In August 2023, the State Water Board initiated the formal rulemaking for Making Conservation a California Way of Life and released the draft regulatory text. A Public Workshop was held on Oct. 4, 2023 and written comments were due Oct. 17, 2023. Under the California Administrative Procedure Act, the State Water Board has one year, or until Aug. 2024, to adopt the regulation.

ACWA, its member agencies and coalition partners have been highly engaged on the state’s pre-rulemaking efforts to inform the Making Conservation a California Way of Life Regulation. ACWA will continue to advocate for a long-term water use efficiency framework that is feasible and cost-effective and does not impair water agencies’ ability to make long-term investments for climate resilience.

Questions

For questions about the revised draft regulation, please contact ACWA Regulatory Relations Manager Chelsea Haines at (916) 669-2431.