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


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          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


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          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


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          Analysis Prepared by:                                             
          Ryan Ojakian / W., P., & W. / (916) 319-2096  FN: 0003211