BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 936


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          Date of Hearing:  April 14, 2015


                  ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE


                                 Marc Levine, Chair


          AB 936  
          (Salas) - As Introduced February 26, 2015


          SUBJECT:  Groundwater monitoring: eligibility for public funds


          SUMMARY:  Allows groundwater projects and programs that are  
          currently ineligible for state funding due to noncompliance with  
          groundwater basin monitoring requirements to become eligible if  
          the grant or loan project for which funding is requested  
          includes actions to cure the noncompliance.


          EXISTING LAW:  


          1)Requires all groundwater basins to be monitored locally and  
            systematically for their groundwater elevations.


          2)Requires reporting of groundwater basin elevation information  
            to the Department of Water Resources (DWR) California  
            Statewide Groundwater Elevation Monitoring Program (CASGEM).


          3)Requires DWR to assume groundwater elevation monitoring  
            functions if no local agency is able or willing to and  
            prohibits DWR from charging for the cost of monitoring.









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          4)Prohibits basins where DWR has assumed monitoring functions  
            from being eligible for state water grants and loans unless an  
            entity can prove that its entire service area qualifies as a  
            disadvantaged community. 


          5)Requires DWR to evaluate groundwater basins and designate them  
            as high, medium, low or very low, according to various factors  
            including, but not limited to, level of dependence upon the  
            basin by municipal and agricultural users.


          6)Provides the Governor broad powers during a state of  
            emergency.


          FISCAL EFFECT:  Unknown


          COMMENTS:  This bill requires DWR to determine that an entity is  
          eligible for a water grant or loan as long as the entity  
          proposes a project for State funding that would remedy its own  
          CASGEM noncompliance.


          On January 17, 2014, as California entered its fourth  
          consecutive year of extremely dry conditions, Governor Brown  
          proclaimed a drought State of Emergency. That was followed on  
          April 25, 2014 by a continued State of Emergency and on April 3,  
          2015 by a seven-page Executive Order, B-29-15, with 31  
          directives to address the drought crisis.  


          Directive 15 states that local agencies in all high and medium  
          priority groundwater basins are to immediately implement all  
          CASGEM requirements or be referred to the State Water Resources  
          Control Board for possible enforcement action.









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          There are currently 127 high and medium priority basins in  
          California. Those groundwater basins account for 96% of all  
          groundwater use.  Of the high and medium priority basins, DWR  
          has determined that 9 are fully unmonitored and 16 are partially  
          unmonitored.  In other words, 102 are currently CASGEM compliant  
          and 25 are noncompliant.


          In the 25 non-compliant basins, local agencies can still be  
          eligible for a water grant or loan if their whole area is a  
          disadvantaged community. That is because it is assumed that the  
          bar to compliance is that the entity's customers are financially  
          incapable of supporting a monitoring program.


          SB 6 X7 and the CASGEM compromise


          SB 6 (Steinberg), Chapter 1, Seventh Extraordinary Session  
          2009-10, created the CASGEM program and mandated a systematic  
          local approach to measuring groundwater basin levels.  SB 6  
          incorporated the language from an earlier bill, SB 122  
          (Pavley/2009), which would have allowed DWR to charge fees if  
          the state was required to take over CASGEM monitoring duties for  
          the locals.  SB 6 was negotiated during the Extraordinary  
          Session and the final compromise was that DWR would be expressly  
          prohibited from charging fees but, in return, if the state was  
          required to perform monitoring duties in a basin, other than an  
          area that is disadvantaged, then the locals would be ineligible  
          for state funding for groundwater projects and programs.





          Supporting arguments.  The author states this bill is needed  
          because the policy of denying CASGEM noncompliant basins state  
          funding  is having the negative consequence of preventing local  








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          agencies from receiving much needed water grants and loans in  
          order to set up groundwater monitoring programs.  Other  
          supporters state that many small and rural counties have limited  
          staff and resources to implement new and ongoing programs  
          proscribed by the State and that this bill would ensure  
          necessary funding is available to bring more entities into  
          compliance with the CASGEM program.  





          Suggested Committee Amendments





          Committee staff suggests narrowing this bill to allow DWR  
          discretion to fund a project for a currently ineligible basin if  
          there are special circumstances justifying the entity's  
          noncompliance, such as a significant portion of the entity's  
          service area qualifies as a disadvantaged community.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Association of California Water Agencies


          Rural County Representatives of California










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          Valley Ag Water Coalition




          Opposition


          None on file




          Analysis Prepared by:Tina Cannon Leahy / W., P., & W. / (916)  
          319-2096