BILL ANALYSIS Ó SB 1262 Page 1 SENATE THIRD READING SB 1262 (Pavley and Wieckowski) As Amended June 15, 2016 Majority vote SENATE VOTE: 22-13 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Water |13-0 |Levine, Gallagher, | | | | |Dodd, Eggman, | | | | |Cristina Garcia, | | | | |Eduardo Garcia, | | | | |Gomez, Harper, Lopez, | | | | |Mathis, Nazarian, | | | | |Salas, Williams | | | | | | | |----------------+-----+----------------------+--------------------| |Local |8-0 |Eggman, Waldron, | | |Government | |Alejo, Bonilla, Chiu, | | | | |Cooley, Gordon, | | | | |Linder | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |14-0 |Gonzalez, Bloom, | | | | |Bonilla, Bonta, | | SB 1262 Page 2 | | |Calderon, Daly, | | | | |Eggman, Eduardo | | | | |Garcia, Holden, | | | | |Quirk, Santiago, | | | | |Weber, Wood, Chau | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: This bill revises requirements that new developments must meet in order to demonstrate that its water supply is sufficient to include consideration of provisions of the Sustainable Groundwater Management Act (SGMA). Specifically, this bill: 1)Adds information about the reliance on, and management of, groundwater supplies in factors considered in determining if there are sufficient water supplies for residential development of more than 500 units. 2)Specifies that a Groundwater Sustainability Plan (GSP) may be included as substantial evidence in a public water system's written verification of its ability or inability to provide sufficient water supply as part of the approval of a residential development of more than 500 units. 3)Includes an identification of water systems that are adjacent to large-scale projects subject to the California Environmental Quality Act (CEQA) that trigger a water supply assessment. 4)Adds SGMA compliance status to required information in a water supply assessment for projects that receive water supply from groundwater. SB 1262 Page 3 5)Excludes hauled water from consideration as a source of water under a water supply assessment. EXISTING LAW: 1)Requires every large-scale development project of 500 new residential connections or an equivalent size to have a water supply assessment prepared according to the following: a) A city or county, at the time that it determines that a development is subject to CEQA, must identify any water system that may supply water for the project. b) Identify any existing water supply entitlements, water rights, or water service contracts relevant to the identified water supply for the proposed project, and describe the quantities of water received in prior years by the public water system, or the city or county, through its water rights or other sources. c) If the project relies in whole or in part on groundwater, requires additional information, including a description of any groundwater basins that will supply the project; the court or State Water Resources Control Board (SWRCB) order if the basin is adjudicated; and an analysis of the sufficiency of the groundwater from the basin or basins. 2)Requires that, under CEQA, whenever a city or county determines that a large-scale project is subject to CEQA, it must comply with the water supply assessment requirements triggered by that determination. SB 1262 Page 4 3)Requires, under the Subdivision Map Act, cities and counties to demonstrate that a sufficient water supply is available as a condition of their approval of a tentative map for a subdivision with more than 500 dwelling units. 4)Specifies that SGMA, among other provisions, directs the Department of Water Resources (DWR) to categorize the state's groundwater basins into high, medium, low, and very low priorities, based on factors such as the population overlying the basin, number of wells in the basin, and overlying irrigated acreage. The DWR must also identify basins subject to critical overdraft. Under SGMA: a) Basins designated as high or medium priority must be managed by a groundwater sustainability agency (GSA). GSA's must develop a GSP to ensure that by 2040, the basin is in a sustainable condition. b) A GSP must include, among other things, a description of the consideration given to the applicable county and city general plans, and a description of the various adopted water resources-related plans and programs within the basin, and an assessment of how the GSP may affect those plans. FISCAL EFFECT: According to Assembly Appropriations Committee, the bill has negligible state fiscal impact. Although a state mandate, costs are not reimbursable because the Agency has authority to levy fees sufficient to cover any costs. COMMENTS: SB 1262 Page 5 In 2001, in response to local land use decisions that adversely affected local water supplies, the Legislature enacted a package of bills that linked land use planning with water use planning. These bills are often referred to as the "show me the water" legislation. In 2014, the Legislature passed SGMA creating a statewide requirement to sustainably manage groundwater resources. The package of bills was signed by Governor Brown with the objective to ensure the long-term reliability of groundwater resources and connected surface water resources by requiring sustainable management. Prior to 2014, there was no statutory mandate to manage groundwater in California. When passing SGMA the Legislature updated some water and land use planning laws to reflect SGMA, but did not make conforming changes to the "show me the water" legislation. This bill updates the "show me the water" bills to integrate GSAs and consideration of GSPs into water supply and land use planning. In addition, it prohibits the use of hauled water to comply with show me the water bills. Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096 FN: 0003790 SB 1262 Page 6