BILL ANALYSIS �
SB 1168
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Date of Hearing: August 28, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1168 (Pavley) As Amended: August 22, 2014
Policy Committee: Water, Parks and
Wildlife Vote: 9-4
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
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 and are experiencing
critical conditions of overdraft by January 31, 2020. This bill
requires sustainable groundwater management plans for all other
medium or high priority basins by January 31, 2022 unless the
basin is legally adjudicated or the local agency establishes it
is otherwise sustainably managed. Specifically, this bill:
1)Establishes it is the policy of the state that all groundwater
basins are sustainably managed in a manner best achieved
locally based on the best available science.
2)Requires the Department of Water Resources (DWR) to develop
regulations identifying required plan components, guiding the
coordination of multiple pans within a basin, and providing
for alternative compliance.
3)Requires local agencies to identify or form a groundwater
sustainability agency (GSA) by January 1, 2017. Counties are
presumed to be the default agency if no other agency
identifies itself but may opt out. Specifies the agency's
duties, powers and authorities. Allows water corporations
regulated by the PUC to participate in the GSA if other
agencies approve.
4)Makes various legislative findings and declarations.
5)Provides the enactment of this bill is contingent upon the
enactment of AB 1739 (Dickinson) and SB 1319 (Pavley).
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FISCAL EFFECT
Increased annual GF costs to DWR of approximately $4 million
beginning in FY 2019-20 to develop regulations, collect and
manage data, and complete evaluations.
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.
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
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. Groundwater 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.
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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.
4)Related Legislation. AB 1739 (Dickinson), among other
provisions, authorizes SWRCB 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. This bill is currently pending in
the Assembly for concurrence in Senate amendments.
SB 1319 (Pavley), as proposed to be amended, narrows the
provisions of AB 1739 to require SWRCB to exclude from
probationary status any portion of a basin for which a GSA
demonstrates compliance with the sustainability goal.
Proposed amendments also require SWRCB to include any portion
of a groundwater management plan in the interim management
plan if it complies with existing requirements and would help
meet the sustainability goal of the basin. Lastly, the
proposed amendments delay when SWRCB may designate a basin on
probationary status when groundwater extractions result in
significant depletions of interconnected surface waters by
three additional years. This bill will be heard in the
Assembly Appropriations Committee on August 28, 2014.
5)Proposed Amendments. The amendments proposed by the
committee make the enactment of this bill contingent upon the
enactment of SB 1319 (Pavley).
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081
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