BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1152|
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CONSENT
Bill No: AB 1152
Author: Chesbro (D)
Amended: 6/30/11 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM : 9-0, 06/28/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 05/19/11 - See last page for vote
SUBJECT : Groundwater
SOURCE : California Groundwater Coalition
DIGEST : This bill allows a groundwater monitoring
entity, if given approval by the Department of Water
Resources (DWR), to use alternative monitoring techniques,
such as aerial photographs and remote sensing data, if
certain conditions exist that make use of monitoring wells
irrelevant or impracticable.
ANALYSIS : Existing law:
1.Authorizes specified entities, including, among others,
local agencies managing a groundwater basin or subbasin
pursuant to existing law relating to groundwater
management plans or integrated regional water management
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plans, to assume responsibility for monitoring and
reporting groundwater elevations in all or a part of a
groundwater basin or subbasin.
2.Requires an entity seeking to assume those functions to
notify DWR, and requires DWR to determine which entities
will perform monitoring functions.
3.Requires monitoring entities to commence monitoring and
reporting groundwater elevations on or before January 1,
2012.
This bill:
1.Adds to the list of entities that may assume
responsibility for monitoring and reporting groundwater
elevations, a local agency that has been collecting and
reporting groundwater elevations and that does not have a
groundwater management plan, if the local agency adopts a
groundwater management plan in accordance with specified
provisions of existing law by January 1, 2014.
2.Permits DWR to authorize the local agency to conduct
monitoring and reporting of groundwater elevations on an
interim basis, until the local agency adopts a
groundwater management plan or until January 1, 2014,
whichever occurs first.
3.Authorizes a monitoring entity to use "alternate
monitoring techniques" for a basin or subbasin, instead
of monitoring groundwater elevations directly through
monitoring wells, if the basin or subbasin meets any of
the following conditions:
Groundwater elevations are unaffected by land use
activities or planned land use activities, or
naturally occurring total dissolved solids within the
groundwater preclude the use of that water.
It is underlying land that is wholly owned or
controlled, individually or collectively, by state,
tribal, or federal authorities, and groundwater
monitoring information is not available or was
requested from, but not provided by, the state,
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tribal, or federal authorities.
It is underlying an area where geographic or
geologic features make monitoring impracticable,
including, but not limited to, a basin or subbasin
that is inaccessible to well-drilling equipment.
1.Defines "alternate monitoring techniques" to include, as
DWR deems appropriate, any of the following:
Hydrologic records for the basin or subbasin.
Well permits or similar reports from within the
area overlying the basin or subbasin.
Aerial photographs.
Remote sensing data.
To qualify to use alternate monitoring techniques, the
monitoring agency must submit to DWR a report, signed by
a registered geologist, demonstrating that the basin or
subbasin meets the necessary conditions.
DWR, in its discretion, would determine whether the
monitoring entity may use an alternate monitoring
technique, and the alternate monitoring techniques that
may be used, for the basin or subbasin.
Within 60 days of finding that a basin or subbasin no
longer meets the qualifications for the use of alternate
monitoring techniques, the monitoring entity would be
required report that finding to DWR. Failure to do so
would constitute noncompliance with the monitoring and
reporting requirements.
If DWR determines that a monitoring entity may use
alternate monitoring techniques, every three years
following that initial determination the monitoring
entity would be required submit sufficient information to
establish its continued eligibility to use alternate
monitoring techniques.
Any determination by DWR under this bill would be deemed
final and conclusive.
1.Deletes the requirement that the State Mining and Geology
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Board concur with DWR's determinations regarding the need
for DWR to conduct groundwater monitoring of a basin or
subbasin when no entities choses to do so.
Background
Among the water bills adopted in 2009-2010 7th
Extraordinary Session was SB7X 6 (Steinberg). That bill,
among other things, established a process whereby on or
before January 1, 2012, groundwater elevations in all
groundwater basins and subbasins would be regularly and
systematically monitored locally and that the resulting
groundwater information be made readily and widely
available. Specifically, the bill:
Authorized specified entities to assume
responsibility for monitoring and reporting
groundwater elevations;
Required entities seeking to assume those functions
to notify DWR;
Required DWR to determine which entities will
perform monitoring functions; and
Required monitoring entities to commence monitoring
and reporting groundwater elevations on or before
January 1, 2012.
The bill further specified that if:
DWR determined that no entity was willing to take
on the monitoring responsibility for all or part of a
basin or subbasin, and
DWR determined that existing state and federally
owned monitoring wells provided insufficient data to
demonstrate seasonal and long term trends in
groundwater elevations, and
The State Mining and Geology Board concurred with
DWR's determinations;
Then:
DWR would be required to perform those groundwater
monitoring functions, and
The entities that chose not to assume the
groundwater monitoring functions would not be eligible
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for a water grant or loan awarded or administered by
the state.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/15/11)
California Groundwater Coalition (source)
California Municipal Utilities Association
California State Association of Counties
Groundwater Resources Association
Lake County
Mono County
Regional Council of Rural Counties
Sonoma County Water Agency
Trinity County
ARGUMENTS IN SUPPORT : Supporters point to a flaw in the
existing groundwater monitoring law - namely that it is not
always possible to monitor groundwater basins. Examples
include small basins entirely overlain by a lake, remote
wilderness areas, and sovereign lands such as tribal and
federal lands. Also, there are some basins with little or
no groundwater use, where monitoring currently unnecessary.
They assert that allowing alternative means of monitoring
as provide by this bill is the most prudent way to address
these flaws in current law.
ASSEMBLY FLOOR : 78-0, 05/19/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
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John A. P�rez
NO VOTE RECORDED: Alejo, Gorell
CTW:nl 8/16/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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