BILL ANALYSIS �
AB 359
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 359 (Huffman)
As Amended June 30, 2011
Majority vote
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|ASSEMBLY: |74-1 |(June 1, 2011) |SENATE: |26-10|(August 30, |
| | | | | |2011) |
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Original Committee Reference: W.,P. & W.
SUMMARY : Requires expanded public notification, groundwater
recharge mapping, and coordination with local planning agencies
in the groundwater management planning process.
The Senate amendments :
1)Clarify that:
a) Groundwater planning statutes do not authorize a local
agency to manage groundwater within the jurisdiction of
another local agency;
b) The process for adopting a new or revised groundwater
management (GMP) is the same unless otherwise specified;
c) A previously-adopted GMP remains in effect if a revised
GMP is not adopted; and,
d) A GMP cannot be invalidated or delayed on the grounds it
has failed to comply with public notice provisions if it
has substantially complied with those provisions.
2)Harmonize notification requirements by:
a) Specifying that organizations are included in the
definition of interested persons;
b) Eliminating two potentially conflicting notification
periods and instead requiring that interested persons are
notified when notice of the hearing is made to the general
public; and,
c) Requiring that all interested persons, including
AB 359
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organizations, are notified when the groundwater recharge
maps are provided to local planners instead of just
specific named organizations.
EXISTING LAW :
1)Encourages local agencies to work cooperatively to manage
groundwater resources within their jurisdictions and, if not
otherwise required by law, to voluntarily adopt GMPs.
2)Requires that a GMP contain minimum components related to
funding, management, and monitoring in order for a local
agency to be eligible for groundwater project funds
administered by the Department of Water Resources (DWR).
3)Requires all of the groundwater basins identified in DWR's
Bulletin 118 to be regularly and systematically monitored and
the information to be readily and widely available.
AS PASSED BY THE ASSEMBLY , this bill required a local agency
preparing a GMP to include, among the minimum components that
make it eligible for state funds, a map of those areas that
substantially contribute to the recharge of the groundwater
basin. This bill allowed state funds to be used to do the
mapping. This bill expanded public participation and
notification provisions by requiring the local agency preparing
the GMP to keep a list of interested persons and to notify those
interested regarding meetings and plan documents and also
requiring DWR to post on its Internet Web site information
provided by local agencies regarding GMPs being prepared or
adopted. This bill specified that once the GMP was adopted, the
local agency adopting the GMP must provide a copy of the
groundwater recharge map to local planning agencies and notify,
at a minimum, specific named organizations that the map was
provided.
FISCAL EFFECT : According to the Assembly Appropriation
Committee, there will be minor, absorbable costs to DWR to
accept copies of resolutions of intent, post information online
and review funding requests. There could also be cost pressures
of an unknown amount, but potentially in the millions of
dollars, to DWR or other state agencies to fund local water
agency efforts to map groundwater recharge areas. (Bond funds
or special funds.)
AB 359
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COMMENTS : The Senate amendments made technical clarifying
changes and reorganized the Assembly-approved provisions of this
bill into a more logical order. The Senate amendments specify
that any interested person, including a landowner or landowner
organization, may be placed on a list to be notified regarding
draft documents and meetings and also to be notified when the
groundwater recharge map is provided to local planning agencies.
This amendment simplified notification for both local agencies
and interested persons by designating one list.
This bill has no known opposition.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096
FN: 0002425