BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2357


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          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


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          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