BILL ANALYSIS Ó SENATE COMMITTEE ON NATURAL RESOURCES AND WATER Senator Fran Pavley, Chair 2015 - 2016 Regular Bill No: AB 937 Hearing Date: July 14, 2015 ----------------------------------------------------------------- |Author: |Salas | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |June 1, 2015 Amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Dennis O'Connor | | | | ----------------------------------------------------------------- Subject: Groundwater planning and monitoring: disadvantaged communities. BACKGROUND AND EXISTING LAW 1)Among the Department of Water Resources' (DWR) miscellaneous powers and authorities are requirements that DWR: Gather and correlate information and data pertinent to an annual forecast of seasonal water crop. Investigate conditions of the quality of all waters within the state. Conduct surveys and investigations relating to the reclamation of water from wastes for beneficial purposes. Investigate and survey conditions of damage to quality of underground waters, which conditions are or may be caused by improperly constructed, abandoned or defective wells through the interconnection of strata or the introduction of surface waters into underground waters. 1)As a part of the 2009-2010 water package of bills, was the initiation of a requirement that groundwater elevations be regularly and systematically measured in all groundwater basins and subbasins. This program is commonly called California Statewide Groundwater Elevation Monitoring (CASGEM). CASGEM establishes a hierarchy of entities that would conduct the groundwater monitoring function. If no entity steps AB 937 (Salas) Page 2 of ? forward to conduct the groundwater monitoring function for all or part of a groundwater basin, DWR is required to step in and conduct those functions. If DWR is required to conduct the groundwater monitoring functions, those entities that could but chose not to conduct the groundwater monitoring functions are ineligible for water grants or loans from the State. An ineligible entity may become eligible for water grants and loans if the entity can document that its entire service area qualifies as a disadvantaged community. PROPOSED LAW This bill would: 1)Add to DWR's miscellaneous powers and authorities the requirement that DWR provide technical assistance to disadvantaged communities so that they may participate in groundwater planning, including, but not limited to, plans for regional groundwater banking, with any county or other local agency. 2)Authorize DWR to allow an entity that is ineligible for water grants or loans from the State under CASGEM to become eligible for such water grants or loans if the entity submits to DWR documentation demonstrating that there are special circumstances justifying the entity's noncompliance. Such special circumstances may include, but are not limited to, that a significant portion of the entity's service area qualifies as a disadvantaged community and that the water grant or loan project includes those actions needed to comply with the monitoring functions pursuant to this chapter. ARGUMENTS IN SUPPORT None Received ARGUMENTS IN OPPOSITION According to a coalition of environmental and environmental justice groups, "We supported this bill as amended in the Assembly Water Parks and Wildlife Committee to ensure that communities struggling to access safe drinking water were not AB 937 (Salas) Page 3 of ? prevented from obtaining needed funding because of an area's noncompliance with CASGEM monitoring requirements." "Unfortunately this bill greatly expands that exemption and moreover, introduces the idea that having a portion of a community qualify as disadvantaged should qualify an entity for special treatment. We think this creates a dangerous precedent that could take resources away from the communities most in need of assistance." "We urge the author to remove the most recent amendments. Until such time as that happens, we must unfortunately oppose this bill." COMMENTS See suggested amendment. SUGGESTED AMENDMENT Delete Section 2. SUPPORT None Received OPPOSITION Center for Biological Diversity Clean Water Action Community Water Center Leadership Counsel for Justice and Accountability -- END --