BILL ANALYSIS
AB 2304
Page 1
ASSEMBLY THIRD READING
AB 2304 (Huffman)
As Amended May 28, 2010
Majority vote
WATER, PARKS & WILDLIFE 7-3 LOCAL
GOVERNMENT 6-3
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|Ayes:|Huffman, Arambula, |Ayes:|Torlakson, |
| |Blumenfield, Caballero, | |Arambula,Bradford, Davis |
| |Bonnie Lowenthal, | |Solorio, Fong |
| |Feuer, Yamada | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Fuller, Anderson, Tom |Nays:|Smyth, Knight, Logue |
| |Berryhill | | |
| | | | |
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SUMMARY : Requires local agencies to map recharge areas and
identify and describe areas that substantially contribute to the
replenishment of the groundwater basin. Adds requirements for
public notice and provision of information regarding groundwater
management plans. Allows local agencies to request mapping
funds. Specifically, this bill :
1) Requires a local agency to include a map, or maps, of
recharge areas in its groundwater management plan, including
current recharge areas that substantially contribute to the
replenishment of the groundwater basin. Requires a
description of how those areas substantially contribute.
2) Adds a notice requirement that, after a local agency has
prepared a groundwater management plan and is holding a
second hearing to adopt the plan, allows interested persons
to request information about the plan and maps describing the
recharge areas prior to the second hearing. Requires the
local agency to provide 30 days notice of the date, time, and
place of the second hearing to each person that requests
information.
3) Allows a local agency to request state funds to map
groundwater recharge areas to the extent the request for
state funds is consistent with the eligibility requirements
that are applicable to those funds.
AB 2304
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EXISTING LAW :
1)Encourages local agencies to work cooperatively to manage
groundwater resources within their jurisdictions and, if not
otherwise required by law, to voluntarily adopt groundwater
management plans.
2)Requires a groundwater plan contain components related to
funding, management, and monitoring in order for a local
agency to be eligible for groundwater project funds
administered by the Department of Water Resources (DWR).
3)Requires all of the groundwater basins identified in DWR's
Bulletin 118 to be regularly and systematically monitored and
the information to be readily and widely available.
4)Requires a local agency considering adopting a groundwater
management plan to hold a hearing prior to adopting a
resolution of intention to draft a groundwater management
plan. After a groundwater management plan is prepared,
requires the local agency to hold a second hearing prior to
determining whether to adopt the plan.
5)Makes entities managing groundwater, including local agencies
that are monitoring groundwater pursuant to a groundwater
management plan, eligible for state water grants and loans.
FISCAL EFFECT : Nonfiscal
COMMENTS : Groundwater is one of California's most important
natural resources and our reliance on it continues to grow.
Periodically, DWR produces a report on California's groundwater
entitled Bulletin 118. In the most recent version of Bulletin
118, produced in 2003, California was not only the single
largest user of groundwater in the nation, extracting 14.5
million acre-feet annually, but that use represented 20% of all
the groundwater extracted in the entire United States.
Protecting the quality, quantity, and sustainability of
groundwater is critical. Bulletin 118 estimated that 43% of all
Californians obtain their drinking water from groundwater. Yet,
despite California's heavy reliance on groundwater, basic
information for many of the groundwater basins is lacking.
Bulletin 118 highlighted the need for water managers and local
AB 2304
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land use planners to identify groundwater recharge areas and
protect them from paving and contamination in order to ensure
they could continue to replenish high quality groundwater.
Supporters of this bill feel it takes modest but important steps
and will provide for increased coordination and consultation
between California's water supply agencies and land use approval
agencies and will help protect, and ensure the replenishment of,
California's groundwater basins.
Opponents of the bill agree that there is a need to expand
groundwater recharge opportunities but are concerned if it leads
to increased land use restrictions that stymie economic
development activities. Previously, opponents of this bill
expressed concerns that it added new terms and concepts to the
water code, including "prime recharge areas," "potential
threat," and "principal contributor to the replenishment of the
groundwater basin," which could lead to confusion and
inconsistency in groundwater management plans. Current
amendments to the bill delete the definition and all references,
added by previous amendments to this bill, of "prime recharge
areas" and potential threats and instead add requirements to map
and describe areas that substantially contribute to the
replenishment of the groundwater basin.
Analysis Prepared by : Tina Leahy / W., P. & W. / (916)
319-2096
FN: 0004526