BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 88|
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UNFINISHED BUSINESS
Bill No: SB 88
Author: Committee on Budget and Fiscal Review
Amended: 6/17/15
Vote: 21
SENATE FLOOR: Not relevant
ASSEMBLY FLOOR: Not available
SUBJECT: Water
SOURCE: Author
DIGEST: This bill makes various changes to implement drought
budget actions adopted as part of the 2015-16 Budget package.
Assembly Amendments delete the Senate version of the bill and
insert the current language.
ANALYSIS: This bill includes the following key changes:
1)Drought Water System Consolidation. Authorizes the State
Water Resources Control Board (State Water Board) to require
water systems that are serving disadvantaged communities with
unreliable and unsafe drinking water to consolidate with or
receive service from public water systems with safe, reliable,
and adequate drinking water.
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2)Recycled Water Projects CEQA Exemption. Provides a narrowly
tailored California Environmental Quality Act (CEQA) exemption
during a drought state of emergency proclaimed by the Governor
for a public agency to mitigate drought conditions by building
or expanding a recycled water pipeline and related groundwater
replenishment infrastructure if it is within existing rights
of way, does not impact wetlands or sensitive habitat, and
where the construction impacts are fully mitigated. This
authority sunsets on January 1, 2017.
3)Recycled Water Codes CEQA Exemption. Exempts the development
of new building codes related to dual plumbing from certain
CEQA provisions for one code update cycle.
4)Well Ordinances CEQA Exemption. Includes legislative findings
clarifying that local governments may regulate groundwater
pursuant to their police power and provides a limited CEQA
exemption for adopting a groundwater protection ordinance.
This exemption expires within two years, or upon the cessation
of the current Drought State of Emergency, whichever is later.
5)Drought Expanded Local Enforcement Authority. Allows local
water agencies to issue penalties for violations of local and
state water conservation requirements but limits penalties to
up to $1,000 for the first violation (increasing for
continuing violations) unless the violator has shown intent
and the nature of the violation is substantial.
6)Drought Penalties. Requires the State Water Board to
separately account for penalties assessed for violations of
emergency conservation regulations and deposit such funds into
the Water Rights Fund for appropriation by the Legislature to
support water conservation activities.
7)Drought Monitoring and Reporting. Requires that diversions in
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excess of ten acre feet of water per year, with some
exceptions, must have a measuring device or a method of
measurement for diversions. Authorizes the State Water Board
to adopt emergency regulations to implement the measuring
device requirement and increases the frequency of water
diversion reporting to be at least annually. Consideration is
given for cost feasibility and a one-year exemption is
included for parties in voluntary settlement with the State
Water Board regarding water curtailments.
8)Proposition 1 Clarifications and Accountability. Requires the
Natural Resources Agency to provide specific information on
projects funded by Proposition 1 and requires state agencies
to provide outcomes and metrics for projects funded.
9)Water Efficiency Revolving Fund Appropriation. Appropriates
$10 million of Proposition 1 to the CalConserve Revolving Fund
for low-interest loans for water efficiency upgrades.
FISCAL EFFECT: Appropriation: Yes Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified6/19/15)
None received
OPPOSITION: (Verified6/19/15)
None received
Prepared by:Catherine Freeman / B. & F.R. / (916) 651-4103
6/19/15 10:36:15
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