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  ****