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
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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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