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
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          |Author:    |Salas                  |           |                 |
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          |Version:   |June 1, 2015    Amended                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Dennis O'Connor                                      |
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            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  
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            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  








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          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

          
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