BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                       SB 1262|
          |Office of Senate Floor Analyses   |                              |
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                                UNFINISHED BUSINESS 

          Bill No:  SB 1262
          Author:   Pavley (D) and Wieckowski (D)
          Amended:  6/15/16  
          Vote:     21 

           SENATE NATURAL RES. & WATER COMMITTEE:  7-2, 3/29/16
           AYES:  Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk
           NOES:  Stone, Vidak

           SENATE GOVERNANCE & FIN. COMMITTEE:  5-2, 4/20/16
           AYES:  Hertzberg, Beall, Hernandez, Lara, Pavley
           NOES:  Nguyen, Moorlach


           SENATE FLOOR:  22-13, 5/26/16
           AYES:  Allen, Beall, Block, De León, Glazer, Hall, Hancock,  
            Hernandez, Hertzberg, Hill, Hueso, Jackson, Leno, Leyva, Liu,  
            McGuire, Mitchell, Monning, Pan, Pavley, Wieckowski, Wolk
           NOES:  Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,  
            Huff, Moorlach, Morrell, Nguyen, Nielsen, Stone, Vidak
           NO VOTE RECORDED:  Galgiani, Lara, Mendoza, Roth, Runner

           ASSEMBLY FLOOR:  76-0, 8/18/16 - See last page for vote

           SUBJECT:   Water supply planning

          SOURCE:    Author

          DIGEST:  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).  


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          Assembly Amendments eliminate provisions that excluded  
          groundwater from probationary basins from being considered as a  
          source of water supply.


          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 the California Environmental  
               Quality Act (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  


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          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.

          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 groundwater sustainability plan (GSP)  
               to ensure that by 2040, the basin is in a sustainable  

             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  

          This bill:  

          1)Adds information about the reliance on, and management of,  
            groundwater supplies in factors considered in determining if  


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            there are sufficient water supplies for residential  
            development of more than 500 units.

          2)Specifies that a 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 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  

          5)Excludes hauled water from consideration as a source of water  
            under a water supply assessment.  


          Show Me the Water.  In response to local land use decisions  
          adversely affecting local water supply agencies, the Legislature  
          enacted SB 610 (Costa, Chapter 643, Statutes of 2001) and SB 221  
          (Kuehl, Chapter 643, Statutes of 2001).  Often referred to as  
          the "show-me-the-water" bills, together these two bills formally  
          linked land use planning with water use planning, and vice  
          versa.  SB 1262 amends those bills.

          Correcting an Oversight.  The SGMA legislation in 2014  


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          introduced necessary changes to the local land use planning  
          laws, but inadvertently omitted conforming changes to the  
          "show-me-the-water" legislation.  SB 1262 provides the necessary  
          updates to harmonize new development approvals with the  
          requirements of SGMA.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes
          According to the Assembly Appropriations Committee, "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."

          SUPPORT:   (Verified8/19/16)

          Association of California Water Agencies
          Clean Water Action
          Community Water Center
          Desert Water Agency
          East Bay Municipal Utility District
          Leadership Counsel for Justice and Accountability
          Planning and Conservation League
          Sierra Club California
          Valley Ag Water Coalition

          OPPOSITION:   (Verified8/19/16)

          None received

          ARGUMENTS IN SUPPORT:     According to the author, "California  
          has a number of interconnecting laws that together attempt to  
          ensure that water supply availability is given proper  
          consideration when making land use decisions, and vice versa.   
          Among those laws are 2002's SBs 610 (Costa) and 221 (Kuehl),  
          also known as the 'show me the water bills.'  When we passed the  


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          Sustainable Groundwater Management Act (SGMA) in 2014, we  
          updated some water and land use planning laws to reflect SGMA,  
          but not the show me the water bills.

          "SB 1262 (Pavley and Wieckowski), updates the show me the water  
          bills to integrate groundwater sustainability agencies and  
          consideration of groundwater sustainability plans into water  
          supply and land use planning.  In addition, it prohibits the use  
          of hauled water to comply with show me the water bills."

          ASSEMBLY FLOOR:  76-0, 8/18/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,  
            Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,  
            Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Bigelow, Beth Gaines, Roger Hernández,  

          Prepared by:Dennis O'Connor / N.R. & W. / (916) 651-4116
          8/19/16 19:37:24

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