BILL ANALYSIS Ó AB 359 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 359 (Huffman) As Amended June 30, 2011 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |74-1 |(June 1, 2011) |SENATE: |26-10|(August 30, | | | | | | |2011) | ----------------------------------------------------------------- Original Committee Reference: W.,P. & W. SUMMARY : Requires expanded public notification, groundwater recharge mapping, and coordination with local planning agencies in the groundwater management planning process. The Senate amendments : 1)Clarify that: a) Groundwater planning statutes do not authorize a local agency to manage groundwater within the jurisdiction of another local agency; b) The process for adopting a new or revised groundwater management (GMP) is the same unless otherwise specified; c) A previously-adopted GMP remains in effect if a revised GMP is not adopted; and, d) A GMP cannot be invalidated or delayed on the grounds it has failed to comply with public notice provisions if it has substantially complied with those provisions. 2)Harmonize notification requirements by: a) Specifying that organizations are included in the definition of interested persons; b) Eliminating two potentially conflicting notification periods and instead requiring that interested persons are notified when notice of the hearing is made to the general public; and, c) Requiring that all interested persons, including AB 359 Page 2 organizations, are notified when the groundwater recharge maps are provided to local planners instead of just specific named organizations. 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 GMPs. 2)Requires that a GMP contain minimum 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. AS PASSED BY THE ASSEMBLY , this bill required a local agency preparing a GMP to include, among the minimum components that make it eligible for state funds, a map of those areas that substantially contribute to the recharge of the groundwater basin. This bill allowed state funds to be used to do the mapping. This bill expanded public participation and notification provisions by requiring the local agency preparing the GMP to keep a list of interested persons and to notify those interested regarding meetings and plan documents and also requiring DWR to post on its Internet Web site information provided by local agencies regarding GMPs being prepared or adopted. This bill specified that once the GMP was adopted, the local agency adopting the GMP must provide a copy of the groundwater recharge map to local planning agencies and notify, at a minimum, specific named organizations that the map was provided. FISCAL EFFECT : According to the Assembly Appropriation Committee, there will be minor, absorbable costs to DWR to accept copies of resolutions of intent, post information online and review funding requests. There could also be cost pressures of an unknown amount, but potentially in the millions of dollars, to DWR or other state agencies to fund local water agency efforts to map groundwater recharge areas. (Bond funds or special funds.) AB 359 Page 3 COMMENTS : The Senate amendments made technical clarifying changes and reorganized the Assembly-approved provisions of this bill into a more logical order. The Senate amendments specify that any interested person, including a landowner or landowner organization, may be placed on a list to be notified regarding draft documents and meetings and also to be notified when the groundwater recharge map is provided to local planning agencies. This amendment simplified notification for both local agencies and interested persons by designating one list. This bill has no known opposition. Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916) 319-2096 FN: 0002425