BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1242| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1242 Author: Gray (D) Amended: 8/19/15 in Senate Vote: 21 SENATE NATURAL RES. & WATER COMMITTEE: 6-0, 6/23/15 AYES: Stone, Hertzberg, Hueso, Jackson, Vidak, Wolk NO VOTE RECORDED: Pavley, Allen, Monning SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 7/15/15 AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 69-6, 6/2/15 - See last page for vote SUBJECT: Water quality: groundwater impacts SOURCE: Author DIGEST: This bill requires the State Water Resources Control Board to consider any groundwater sustainability plan in formulating state policy for water quality control or adopting or approving a water quality control plan ANALYSIS: Existing law: 1)Requires the State Water Resources Control Board (State Board), under the Porter-Cologne Water Quality Control Act (Porter-Cologne), to adopt a state policy for water quality AB 1242 Page 2 control. a) The policy is to consist of any or all of the following: i) Water quality principles and guidelines for long-range resource planning, including ground water and surface water management programs and control and use of recycled water. ii) Water quality objectives at key locations for planning and operation of water resource development projects and for water quality control activities. iii) Other principles and guidelines deemed essential by the state board for water quality control. b) In developing the policy, the State Board is required to consult with and carefully evaluate the recommendations of concerned federal, state, and local agencies. 2)Requires the Regional Water Quality Control Boards (Regional Boards), also under Porter-Cologne, to formulate and adopt water quality control plans (WQCPs) for all areas within each region of the state that protect beneficial uses of water and meet water quality objectives. The State Board is similarly tasked with developing statewide plans (e.g., the California Ocean Plan and the Bay-Delta Plan). a) WQCPs are to include objectives that will ensure the reasonable protection of all beneficial uses, protection of water quality, and the prevention of nuisance. Porter-Cologne recognizes that it may be possible for the quality of water to be changed to some degree without unreasonably affecting beneficial uses. Consequently, Regional Boards are required to consider various factors in establishing water quality objectives, including: i) Past, present, and probable future beneficial uses of water. ii) Environmental characteristics of the hydrographic unit under consideration, including the quality of water available thereto. AB 1242 Page 3 iii) Water quality conditions that could reasonably be achieved through the coordinated control of all factors which affect water quality in the area. iv) Economic considerations. v) The need for developing housing within the region. vi) The need to develop and use recycled water. b) In developing WQCPs, the Regional Boards are required to consult with and consider recommendations of affected state and local agencies. c) WQCPs adopted or amended by Regional Boards must be approved by the State Board. 3)Requires the development and adoption of state policy for water quality control and WQCPs to comply with the California Environmental Quality Act (CEQA). a) CEQA requires, for any project or plan subject to CEQA that would potentially have significant environmental impacts, an environmental impact report that, among other things, identifies the following: i) All significant effects on the environment of the proposed project. ii) Mitigation measures proposed to minimize significant effects on the environment, including, but not limited to, measures to reduce the wasteful, inefficient, and unnecessary consumption of energy. iii) Alternatives to the proposed project. 4)Requires, under the Sustainable Groundwater Management Act (SGMA), by June 30, 2017, the formation of one or more Groundwater Sustainability Agencies (GSAs) in all high and medium priority basins. a) SGMA requires, by January 31, 2020, Groundwater Sustainability Plans (GSPs) GSAs in all high and medium AB 1242 Page 4 priority basins subject to a chronic condition of overdraft develop and adopt that provide for the sustainable management of the groundwater basin, as defined. b) SGMA requires GSAs to develop and adopt GSPs in all other high and medium priority basins by January 31, 2022. c) SGMA requires GSPs to include, among other things: i) Measurable objectives, as well as interim milestones in increments of five years, to achieve the sustainability goal in the basin within 20 years of the implementation of the plan. ii) A description of how the plan helps meet each objective and how each objective is intended to achieve the sustainability goal for the basin for long-term beneficial uses of groundwater. This bill requires the State Board, in formulating state policy for water quality control or adopting or approving a water quality control plan, to take into consideration, consistent with the requirements of CEQA, any applicable groundwater sustainability plan or alternative adopted or approved under the SGMA and available information and data regarding the impacts of groundwater use and management on beneficial uses of surface waters. Comments Opposition is dropping off - in response to recent amendments, a number of environmental organizations that were previously "opposed" to this bill have moved to a "neutral" position. Such organizations include Natural Resources Defense Council, Golden Gate Salmon Association, Community Water Center, and Clean Water Action. It is not clear if those remaining "oppose" are in fact still opposed or simply haven't sent a letter removing their opposition FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified8/19/15) AB 1242 Page 5 Agricultural Council of California Agricultural Council of California Almond Hullers & Processors Association Building and Construction Trades Council of Stanislaus, Merced, Tuolumne, and Mariposa Counties California Bean Shippers Association California Diary Campaign California Farm Bureau Federation California Grain and Feed Association California Pear Growers Association California Seed Association California State Floral Association California Women for Agriculture City of Atwater City of Ceres City of Dos Palos, Mayor Jerry Antonetti City of Gustine City of Livingston City of Los Banos City of Merced City of Modesto City of Patterson, Mayor Luis Molina City of Turlock, Mayor Gary Soiseth Coalition of California Utility Employees Congressman Jim Costa Glen-Colusa Irrigation District Greater Merced Chamber of Commerce Harris Farms, Inc. IBEW - Local 684 IBEW - Local 1245 Latino Community Roundtable League of California Cities - Central Valley Division Merced County Board of Supervisors Merced County Farm Bureau Merced County Sheriff Vernon Warnke Merced Irrigation District Modesto Chamber of Commerce Modesto Irrigation District Northern California Water Association Pacific Egg & Poultry Association Regional Water Authority Stanislaus Business Alliance AB 1242 Page 6 Stanislaus County Board of Supervisors Stanislaus County Farm Bureau Stevinson Water District Turlock Chamber of Commerce Turlock Irrigation District Valley Ag Water Coalition Western Growers Association Yosemite Community College District Yosemite Farm Credit OPPOSITION: (Verified8/19/15) California League of Conservation Voters Center for Biological Diversity Coastal Environmental Rights Foundation Contra Costa County Friends of the River Klamath Riverkeeper Leadership Counsel for Justice and Accountability Sierra Club California The Nature Conservancy Union of Concerned Scientists ARGUMENTS IN SUPPORT: According to the Author, "For the past year, the State Water Resources Control Board has considered a proposal to develop new unimpaired flow requirements on the Tuolumne, Merced, and Stanislaus rivers. The proposed plan would require an additional 350,000 acre feet of water annually to flow out to San Francisco Bay Delta. "If adopted, the Board's proposal will devastate the groundwater basins in the Valley by reducing surface water recharge opportunities and eliminate surface water deliveries to domestic and agricultural water users. The Board recognizes these impacts would have "significant and unavoidable" adverse impacts on the region. "In 2014, the Legislature passed the Sustainability Groundwater Management Act which promised to empower local communities with the tools to achieve sustainable management goals. The adoption of the Board's proposal without consideration to local groundwater sustainability plans would jeopardize one of the AB 1242 Page 7 most important tools to achieving groundwater sustainability - the ability to recharge the depleted groundwater table with surface flows. "With the difficulties caused by the state's historic drought, and the mandate that the newly created groundwater sustainability agencies create sustainable groundwater plans, it is more important than ever that the State Water Board consult all stakeholders as they develop a Bay-Delta Plan that balances the needs of all water users." ARGUMENTS IN OPPOSITION: Opponents essentially argue that the bill is unnecessary. "Under existing law, the State Water Resources Control Board and its regional boards are required, as they develop water quality control plans for the State, to consider all existing and potential future beneficial uses of water, as well as economic considerations ?These water quality control plans include pollution standards, instream flows, and other measures to best manage the scarce water resources of the state and to comply with other statutory and common law obligations. In setting these standards, the State and regional boards already consider impacts to groundwater resources, and they are required to mitigate those impacts to less than significant levels when feasible, or to adopt a statement of overriding considerations ? In addition, in developing water quality control plans the State Water Resources Control Board already considers both flow and nonflow measures, such as habitat restoration, pollution controls, or improved water use efficiency, in order to protect and restore fisheries and other beneficial uses." ASSEMBLY FLOOR: 69-6, 6/2/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Linder, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Obernolte, O'Donnell, Olsen, Patterson, Perea, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Thurmond, Wagner, Waldron, Weber, Wilk, Williams, AB 1242 Page 8 Wood, Atkins NOES: Eggman, Levine, Lopez, Quirk, Mark Stone, Ting NO VOTE RECORDED: Bloom, Chávez, Gordon, Nazarian, Rendon Prepared by:Dennis O'Connor / N.R. & W. / (916) 651-4116 8/19/15 21:02:21 **** END ****