BILL ANALYSIS Ó
SB 1262
Page 1
Date of Hearing: June 28, 2016
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
SB
1262 (Pavley) - As Amended June 15, 2016
SENATE VOTE: 22-13
SUBJECT: Water supply planning
SUMMARY: Revises requirements that new developments must meet
in order to demonstrate that its water supplies are sufficient
to include consideration of provisions of the Sustainable
Groundwater Management Act (SGMA). Specifically, this bill:
1)Adds information about the reliance on and management of
groundwater supplies in factors considered in determining if
there are sufficient water supplies for residential
development of more than 500 units.
2)Specifies that a Groundwater Sustainability Plan (GSP) may be
included as substantial evidence in a public water system's
written verification of its ability or inability to provide
sufficient water supply as part of approval of a residential
development of more than 500 units.
3)Includes an identification of water systems that are adjacent
to large-scale projects subject to the California
Environmental Quality Act (CEQA) that trigger a water supply
SB 1262
Page 2
assessment.
4)Adds SGMA compliance status to required information in a water
supply assessment for projects that receive water supply from
groundwater.
5)Excludes hauled water from consideration as a source of water
under a water supply assessment.
EXISTING LAW:
1)Requires every large-scale development project of 500 new
residential connections or an equivalent size to have a water
supply assessment prepared according to the following:
a) A city or county, at the time that it determines that a
development is subject to CEQA, must identify any water
system that may supply water for the project.
b) Identify any existing water supply entitlements, water
rights, or water service contracts relevant to the
identified water supply for the proposed project, and
describe the quantities of water received in prior years by
the public water system, or the city or county, through its
water rights or other sources.
c) If the project relies in whole or in part on
groundwater, requires additional information, including a
description of any groundwater basins that will supply the
project; the court or State Water Resources Control Board
(SWRCB) order if the basin is adjudicated; and an analysis
of the sufficiency of the groundwater from the basin or
basins.
1)Requires that, under CEQA, whenever a city or county
determines that a large-scale project is subject to CEQA, it
must comply with the water supply assessment requirements
triggered by that determination.
SB 1262
Page 3
2)Requires, under the Subdivision Map Act, cities and counties
to demonstrate that a sufficient water supply is available as
a condition of their approval of a tentative map for a
subdivision with more than 500 dwelling units. Specifically
requires:
a) Sufficient water supply is defined as the total water
supplies available during normal, single-dry, and
multiple-dry years within a 20-year projection that will
meet the projected demand associated with the proposed
subdivision, in addition to existing and planned future
uses.
b) Proof of sufficient water must be based on a written
verification from the applicable public water system. In
order to be sufficient, the water supply must be able to
meet the demands of existing and future planned uses in
addition to the subdivision's demand over the next 20
years.
c) The public water system's written verification of its
ability or inability to provide a sufficient water supply
to meet the projected demand associated with the proposed
subdivision must be supported by substantial evidence.
3)Specifies that SGMA, among other provisions, directs the
Department of Water Resources (DWR) to categorize the state's
groundwater basins into high, medium, low, and very low
priorities, based on factors such as the population overlying
the basin, number of wells in the basin, and overlying
irrigated acreage. The DWR must also identify basins subject
to critical overdraft. Under SGMA:
a) Basins designated as high or medium priority must be
managed by a groundwater sustainability agency (GSA).
GSA's must develop a GSP to ensure that by 2040, the basin
is in a sustainable condition.
SB 1262
Page 4
b) A GSP must include, among other things, a description of
the consideration given to the applicable county and city
general plans, and a description of the various adopted
water resources-related plans and programs within the
basin, and an assessment of how the GSP may affect those
plans.
FISCAL EFFECT: Unknown.
COMMENTS: Revises requirements that new developments must meet
in order to demonstrate that its water supplies are sufficient
to include consideration of provisions of the SGMA.
1)Author's Statement: California has a number of interconnecting
laws that together attempt to ensure that water supply
availability is given proper consideration when making land
use decisions, and vice versa. Among those laws are 2002's
SBs 610 (Costa) and 221 (Kuehl), also known as the "show me
the water bills." When we passed SGMA in 2014, we updated some
water and land use planning laws to reflect SGMA, but not the
"show me the water bills." This bill, updates the "show me the
water bills" to integrate GSA's and consideration of GSP's
into water supply and land use planning. In addition, it
prohibits the use of hauled water to comply with "show me the
water bills."
2)Background: In 2001, in response to local land use decisions
that adversely affected local water supplies, the Legislature
enacted a package of bills that linked land use planning with
SB 1262
Page 5
water use planning. That pack of bills is often referred to
as the "show me the water" legislation.
In 2014, the Legislature passed SGMA which made significant
changes to local land use planning laws pertaining to
groundwater. SGMA did not make conforming changes to the
"show me the water" legislation. This bill addresses that
oversight and integrates SGMA into the requirements of the
"show me the water" legislation.
Double Referal: Should this bill pass this committee it will
be re-referred to Assembly Local Government Committee.
3)Prior and Related Legislation:
a) SB 221 (Kuehl), Chapter 642, Statutes of 2001, required
cities and counties to demonstrate a sufficient water
supply as part of the subdivision map act.
b) SB 610 (Costa), Chapter 643, Statutes of 2001, required
large-scale development to have a water supply assessment.
c) SB 1168 (Pavley), Chapter 346, Statutes of 2014, enacted
SGMA.
d) AB 1738 (Dickinson), Chapter 347, Statutes of 2014,
enacted SGMA.
1)Supporting Arguments: This bill will strengthen the existing
link between land use and water supply planning by
incorporating changes in groundwater planning and management
as a result of SGMA. This will help ensure that new
development is not approved in areas that lack groundwater
necessary to provide sufficient supplies. These are common
sense changes to the water supply assessment process to ensure
that water sources cited are in fact reliable, and that land
use planning agencies take the status of their groundwater
basins and other water sources into account when planning or
approving new development. This will update statue to
harmonize approvals of new development with the requirements
SB 1262
Page 6
of SGMA.
2)Support if Amended: Two entities write in support if amended
requesting specific changes that they believe will ensure
greater workability for local governments.
REGISTERED SUPPORT / OPPOSITION:
Support
Clean Water Action
Community Water Center
Desert Water Agency (if amended)
East Bay Municipal Utility District
Leadership Counsel for Justice and Accountability
Planning and Conservation League
Sierra Club California
Valley Ag Water Coalition (if amended)
SB 1262
Page 7
Opposition
None on File
Analysis Prepared by:Ryan Ojakian / W., P., & W. / (916)
319-2096