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
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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
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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