California Water Service Group (CWT)

[TechKim]

Historic Groundwater Package Approved by the Legislature
http://www.acwa.com/news/groundwater/historic-groundwater-package-approved-legislature

Submitted by Lisa Lien-Mager on Fri, 08/29/2014 - 6:07pm in Groundwater, State Legislation, Water News

A three-bill package aimed at advancing sustainable groundwater management throughout California was approved by the Legislature today and sent to Gov. Jerry Brown for signature.

The package of bills would enact the Sustainable Groundwater Management Act and provide a framework for the improved management of groundwater supplies by local authorities. The bills also would provide a mechanism for limited state intervention when necessary to protect groundwater resources.

The three bills won approval in the Assembly and Senate Friday. The Assembly acted first, taking up AB 1739 by Assembly Member Roger Dickinson (D-Sacramento) for concurrence on amendments made in the Senate. It passed on a 45-27 vote.

Next, the Assembly approved the other two bills in the package: SB 1168 by Sen. Fran Pavley (D-Agoura Hills) and SB 1319, also by Pavley. The measures passed on votes of 45-26 and 48-25, respectively. Final vote tallies are subject to change while the Legislature remains in session.

Hours later, the Senate provided the final votes needed to send the package to the governor. On identical votes of 24-10, the Senate voted to concur on Assembly amendments in B 1168 and SB 1319. Again, final vote tallies are subject to change.

Earlier on the Assembly floor, Dickinson urged support for this AB 1739, saying it was crafted over nine months with extensive input from stakeholders.

“This bill is built on local control,” said Dickinson. “It is not the state coming in and telling the locals what to do… It is an opportunity for local entities to decide how to approach and devise a plan to get to groundwater sustainability.”

Noting that many are concerned about the measure’s implications for local communities, Dickinson said lawmakers should consider the consequences of inaction.

“What are the consequences if we fail to act?” Dickinson said. “If not now, then when? If not us, then who?”

Several Assembly members spoke passionately in opposition and called for additional time to address concerns and improve the legislation. They voiced concern that the bill would adversely affect farmers who already have seen their water supplies diminished by drought and are struggling to survive.

ACWA, which supported the package, applauded its passage. The association acknowledged that several ACWA members remained opposed to the bills, and pledged to work with member agencies througout the state to meet the challenge.

“Earlier this year, ACWA’s Board of Directors took a strong position calling for sustainable, locally controlled management of the state’s groundwater basins and a suite of new tools and authorities to help local agencies do the job. We also recognized the need for a limited state backstop role in cases where locals cannot accomplish the goal,” ACWA President John Coleman said. “This legislation is highly consistent with the policies adopted by our Board in March of this year, and ACWA strongly supports it.”

Read ACWA’s complete statement here.

Key Provisions of the Bills

ACWA, its member agencies and other stakeholders have provided extensive input on SB 1168 and AB 1739 since April. The bills are largely based on recommendations by ACWA’s Groundwater Task Force earlier this year as well as recommendations by the California Water Foundation.

Last week, SB 1168 and AB 1739 – which previously were identical – were amended to distribute key provisions of the legislation between the two measures. This week, a third bill – SB 1319 – was added to the package to include language from the Brown Administration to address concerns raised during the legislative process by stakeholders including ACWA and its member agencies.

SB 1168 includes provisions related to establishing groundwater sustainability agencies (GSAs) and adopting groundwater sustainability plans, while AB 1739 includes complementary provisions related to implementation tools and enforcement authorities at the state and local levels.

SB 1168 would establish that it is the policy of the state that all groundwater basins are managed sustainably for multiple economic, social and environmental benefits and that such management is best achieved locally based on best available science.

It also would establish phased requirements for high and medium priority basins to adopt groundwater sustainability plans, depending on whether a basin is in critical overdraft. It would require adoption of groundwater sustainability plans by Jan. 31, 2020, for all high or medium priority basins in overdraft condition and by Jan. 31, 2022 for all other high and medium priority basins unless legally adjudicated or otherwise managed sustainably.

SB 1168 also includes language regarding basin boundary adjustments, requirements and authorities for establishing groundwater sustainability agencies, and required plan components.

AB 1739 includes provisions related to coordination among local land use and groundwater management agencies, as well as provisions related to technical assistance from the Department of Water Resources, financial and enforcement authorities for groundwater sustainability agencies, and provisions related to the state intervention role.

As noted, SB 1319 now includes language addressing issues such as probationary basins and interim plans.