BILL ANALYSIS Ó AB 2357 Page 1 ASSEMBLY THIRD READING AB 2357 (Dahle) As Amended April 5, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Water |14-0 |Levine, Gallagher, | | | | |Bigelow, Dodd, | | | | |Eggman, Cristina | | | | |Garcia, Eduardo | | | | |Garcia, Gomez, Lopez, | | | | |Mathis, Medina, | | | | |Olsen, Salas, | | | | |Williams | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | | | |Wagner, Weber, Wood | | AB 2357 Page 2 | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: 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. EXISTING LAW: 1)Requires a water right holder who diverts 10 acre-feet or more per year to be capable of continuously measuring and reporting with a month to month breakdown at a minimum annually. Permits adoption of measurement and reporting requirements on all water right holders. 2)Allows for a registration and certification water right for small agricultural uses that are capped at 10 acre-feet or less annually. Allows registrations and certifications to be conditioned by the SWRCB. FISCAL EFFECT: According to the Assembly Appropriations Committee this bill has: 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. AB 2357 Page 3 COMMENTS: 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. 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 the Legislature's desire to collect more accurate and timely information. According to opponents, this bill will impair implementation of SB 88. Oftentimes, management decisions have been dealing with small margins of error, and all information is necessary so the SWRCB can do its job. This bill applies to any permits, licenses or registrations required for small domestic, small irrigation or livestock stockpond use. AB 2357 Page 4 Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096 FN: 0003211