BILL ANALYSIS Ó
SB 1262
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SENATE THIRD READING
SB
1262 (Pavley and Wieckowski)
As Amended June 15, 2016
Majority vote
SENATE VOTE: 22-13
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Water |13-0 |Levine, Gallagher, | |
| | |Dodd, Eggman, | |
| | |Cristina Garcia, | |
| | |Eduardo Garcia, | |
| | |Gomez, Harper, Lopez, | |
| | |Mathis, Nazarian, | |
| | |Salas, Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Local |8-0 |Eggman, Waldron, | |
|Government | |Alejo, Bonilla, Chiu, | |
| | |Cooley, Gordon, | |
| | |Linder | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-0 |Gonzalez, Bloom, | |
| | |Bonilla, Bonta, | |
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| | |Calderon, Daly, | |
| | |Eggman, Eduardo | |
| | |Garcia, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood, Chau | |
| | | | |
| | | | |
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SUMMARY: This bill revises requirements that new developments
must meet in order to demonstrate that its water supply is
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 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.
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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.
2)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.
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3)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.
4)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.
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: According to Assembly Appropriations Committee,
the bill has 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:
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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.
These bills are often referred to as the "show me the water"
legislation.
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. Prior to 2014, there was no statutory mandate to
manage groundwater in California.
When passing SGMA 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.
Analysis Prepared by:
Ryan Ojakian / W., P., & W. / (916) 319-2096
FN: 0003790
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