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