BILL ANALYSIS �
SB 1168
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Date of Hearing: August 13, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1168 (Pavley) - As Amended: August 6, 2014
Policy Committee: Water, Parks and
Wildlife Vote: 9-4
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires sustainable groundwater management plans in
all groundwater basins the Department of Water Resources (DWR)
determines to be of medium or high priority. This bill
establishes it is the policy of the state to sustainably manage
groundwater resources for long term water reliability and
multiple economic, social and environmental benefits for current
and future beneficial uses. Specifically, this bill:
1)Requires the Department of Water Resources (DWR) to develop
guidelines for evaluating groundwater plans and programs by
June 1, 2016.
2)Requires local agencies to identify or form a groundwater
sustainability agency by January 1, 2017. Counties are
presumed to be the default agency if no other agency
identifies itself. Specifies the agency's duties, powers and
authorities.
3)Requires a groundwater sustainability agency to adopt a
sustainable groundwater management plan on or before January
1, 2020 as specified and update the plan every five years. A
basin's boundaries are those identified in Bulletin 118 unless
otherwise specified.
4)Requires the plan to be submitted to DWR for technical review,
evaluation and approval.
5)Requires each high and medium priority basin to achieve its
goals by January 1, 2040. DWR may grant two five-year
extensions.
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6)Requires a city or county to review and consider any adopted
sustainable groundwater management plan before adopting or
substantially amending its general plan.
7)Authorizes the State Water Resources Control Board to
designate a basin as a probationary basin under specified
circumstances and to develop an interim management plan in
consultation with DWR under specified conditions.
8)Expressly exempts adjudicated basins and low and very low
priority basins as specified. Allows local agencies in high
and medium priority groundwater basins to demonstrate current
management or operations comply with the provisions of the
bill as functional equivalents.
FISCAL EFFECT
1) Increased annual GF costs to DWR of approximately $4
million beginning in FY 2019-20 to collect and manage data,
complete evaluations and assist SWRCB in developing interim
plans.
DWR received $22.5 million in the 2014-15 Budget ($2.5 million
for FY14-15 and $5 million each year from FY15-16 through
FY18-19 which will fund Bulletin 118 updates and technical
assistance.
2) Increased annual GF costs of between $200,000 and
$600,000 for two years for SWRCB to adopt a fee schedule
and develop evaluations guidelines. Increased out-year
costs of between $1 million and $2.5 million (special fund)
including state interim plans to be covered by fee
revenues.
1)Minor, if any, reimbursable local government costs.
COMMENTS
1)Purpose. According to the author, in many areas of the state,
the overdraft of groundwater has become a serious problem.
While a number of groundwater basins and subbasins are under
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local and regional management, others are not.
This bill seeks to improve local and regional groundwater
management efforts to achieve sustainable groundwater levels,
especially in high and medium priority overdraft basins and
subbasins.
2)Background. Grroundwater is either a subterranean stream
flowing through a known and definite channel or percolating
groundwater. Groundwater that is a subterranean stream is
subject to the same State Water Resources Control Board
(SWRCB) water right permitting requirements as surface water.
There is no statewide permitting requirement for percolating
groundwater, which is the majority of groundwater in the
state.
The Department of Water Resources (DWR) is required to
prioritize groundwater basins based on multiple factors
including, but not limited to, the level of population and
irrigated acreage relying on the groundwater basin as a
primary source of water and the current impacts on the
groundwater basin from overdraft, subsidence, saline intrusion
and other water quality degradation.
The groundwater basins identified in DWR's Groundwater Report,
Bulletin 118, are required to be regularly and systematically
monitored locally and the information to be readily and widely
available. DWR is required to perform the groundwater
elevation monitoring function if no local entity will do so,
but then bars the county and other entities eligible to
monitor that basin from receiving state water grants or loans.
3)Governor's Draft Framework. On March 7, 2014 the Governor's
Office released a draft framework soliciting input on actions
that can be taken to assure local groundwater managers have
the tools and authority to sustainably manage groundwater.
The draft framework advises that in developing ideas it may be
helpful to consider whether local agencies need enhanced local
agency authority, and how the state should structure state
backstop authority when local action has not occurred or has
been insufficient.
In addition to the funding provided in the budget, the
Administration supports this bill moving forward.
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4)Other Legislation. AB 1739 (Dickinson) is identical to this
bill and is currently pending in the Senate Appropriations
Committee.
5)Authors Amendments. The author has agreed to take amendments
to exempt groundwater basins that are sustainably managed
through contractual agreements.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081