BILL ANALYSIS Ó AB 2357 Page 1 Date of Hearing: April 27, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2357 (Dahle) - As Amended April 5, 2016 ----------------------------------------------------------------- |Policy |Water, Parks and Wildlife |Vote:|14 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill limits the State Water Resources Board's (SWRCB) authority to adopt regulations requiring the measurement and reporting of water diversion and use by small domestic and agricultural users to only those in year-round use. AB 2357 Page 2 FISCAL EFFECT: 1)Increased one-time costs of approximately $100,000 (Water Rights Fund) for SWRCB to revise and re-adopt the regulations under a regular rulemaking process. 2)Potential increased one-time costs of up to $500,000 (Water Rights Fund) if SWRCB determines an Environmental Impact Report (EIR) is required under the California Environmental Quality Act (CEQA) to revise and re-adopt the regulations. COMMENTS: 1)Background. Last year, SB 88 (Budget Committee) Chapter 27, Statutes of 2015, added measurement and reporting requirements for a substantial number of water diverters. In January of this year, SWRCB adopted regulations applying measurement requirements on all water right holders who divert more than 10 acre-feet of water per year. Reporting requirements in the regulation apply to all water right holders irrespective of size, including registrations and certifications. The reporting requirements for registrations and certifications do not take effect until January 1, 2018. SB 88 allowed SWRCB to adopt emergency regulations rather than going through a regular rulemaking process. SB 88 also provided a CEQA exemption for the initial adoption of the regulations. AB 2357 Page 3 2)Purpose. According to the author, although current law allows SWRCB to provide exemptions based on the compliance costs, the newly adopted measurement and reporting regulation provides little flexibility. The author estimates the cost of monitoring equipment may range from $20,000 to $50,000. According to proponents, exempting small livestock stockponds that are filled intermittently only during rainy months will provide necessary regulatory relief to small family farmers and ranchers without impeding Legislature's desire to collect more accurate and timely information. This bill applies to any permits, licenses or registrations required for small domestic, small irrigation or livestock stockpond use. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081