BILL ANALYSIS Ó SB 1262 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1262 (Pavley) - As Amended June 15, 2016 ----------------------------------------------------------------- |Policy |Water, Parks and Wildlife |Vote:|13 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Local Government | |8 - 0 | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill revises requirements that a new developments must meet in order to demonstrate that its water supply 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 SB 1262 Page 2 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 the 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 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. FISCAL EFFECT: Negligible state fiscal impact. Although a state mandate, costs are not reimbursable because the Agency has authority to levy fees sufficient to cover any costs. COMMENTS: 1)Purpose and 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 water use planning. That pack of bills is often referred to as the "show me the water" legislation. SB 1262 Page 3 In 2014, the Legislature passed SGMA creating a statewide requirement to sustainably manage groundwater resources. The package of bills was signed by Governor Brown with the objective to ensure the long-term reliability of groundwater resources and connected surface water resources by requiring sustainable management. Groundwater Sustainability Agency's (GSAs) must by formed by 2017; GSPs, for critically overdrafted basins, must be written by 2020; and, sustainability must be reached by 2040. Prior to 2014, there was no statutory mandate to manage groundwater in California. The Legislature updated some water and land use planning laws to reflect SGMA, but did not make conforming changes to the "show me the water" legislation. This bill updates the "show me the water" bills to integrate GSAs and consideration of GSPs 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)Prior Legislation. a) SB 1168 (Pavley), Chapter 346, Statutes of 2014, enacted SGMA. b) AB 1738 (Dickinson), Chapter 347, Statutes of 2014, enacted SGMA. c) 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. d) SB 610 (Costa), Chapter 643, Statutes of 2001, required large-scale development to have a water supply assessment. SB 1262 Page 4 Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081