BILL ANALYSIS
SB 133
Page 1
Date of Hearing: July 8, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 133 (Corbett) - As Amended: May 12, 2009
Policy Committee: Water, Parks and
Wildlife Vote: 11-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill amends the County Water District Act to transfer
authority to regulate groundwater wells from the cities of
Fremont, Newark and Union City to the Alameda County Water
District (Alameda CWD).
FISCAL EFFECT
Negligible state costs.
COMMENTS
1)Rationale. The author and proponents, including the cities of
Fremont, Newark and Union City, note that changes over the
last 35 years in the well drilling and subsurface
investigation industry have required changes in the city
ordinances and Alameda CWD's regulations. These proponents
contend transferring groundwater regulatory authority to
Alameda CWD will ensure consistency in groundwater regulation
and avoid periodic updates of both Alameda CWD regulations and
corresponding city ordinances.
2)Background .
a) Niles Cone Provides 40% of Alameda CWD Water Supply.
Niles Cone-an aquifer located beneath potions of the East
Bay-provides 40% of Alameda CWD's water supply. The water
district, which was founded in 1914 and covers only the
portion of Alameda County overlying Niles Cone, supplies
water to East Bay cities that overlie the aquifer.
SB 133
Page 2
b) City Ordinances Address Groundwater Contamination.
Excessive removal of water from the Niles Cone Groundwater
Basin lead to salt water intrusion from the adjacent San
Francisco Bay. This brackish water, along with the
presence of contaminants leaked from underground storage
tanks, deteriorated of the area's water quality. Following
construction of the State Water Project, Delta water
replenished the groundwater basin and prevented additional
saltwater intrusion. To protect future groundwater
quality, the three cities-Freemont, Newark and Union City-
adopted uniform groundwater well ordinances in 1973 and
appointed Alameda CWD as the "enforcing agency" for well
regulation.
c) City Ordinances Must Keep Apace With Alameda CWD
Regulations. Since 1973, well technology, operations and
drilling practices have changed. These changes have
required modification of Alameda CWD's regulations, which
in turn necessitate conforming changes to each of the city
groundwater well ordinances. Future technological and
other changes will require additional and coordinated
modification of these regulations and ordinances.
3)Supporters , including the cities of Freemont, Newark and Union
City, contend this bill will ensure a consistent and
appropriate regional approach to protect the Niles Cone
Groundwater Basin and provide flexibility to adapt to changing
conditions and technologies.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081