Bill Text: CA AB937 | 2015-2016 | Regular Session | Amended

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Bill Title: Groundwater planning: technical assistance: disadvantaged communities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB937 Detail]

Download: California-2015-AB937-Amended.html

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BILL NUMBER: AB 937	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 16, 2015
	AMENDED IN ASSEMBLY  JUNE 1, 2015
	AMENDED IN ASSEMBLY  APRIL 22, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 26, 2015

   An act to  amend Section 10933.7 of, and to  add
Section 239  to,   to  the Water Code,
relating to water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 937, as amended, Salas. Groundwater  planning and
monitoring:   planning: technical assistance: 
disadvantaged communities.
   Under existing law, the right to water or to the use of water is
limited to that amount of water that may be reasonably required for
the beneficial use to be served. Existing law declares that the
storing of water underground, and related diversions for that
purpose, constitute a beneficial use of water if the stored water is
thereafter applied to the beneficial purposes for which the
appropriation for storage was made.
   This bill would require the Department of Water Resources to
provide technical assistance to disadvantaged communities so that
they may participate in groundwater planning, including, but not
limited to, plans for regional groundwater banking, with any county
or other local agency. 
   Existing law establishes a groundwater monitoring program pursuant
to which specified entities may propose to be designated by the
department as groundwater monitoring entities, as defined, for the
purposes of monitoring and reporting with regard to groundwater
elevations in all or part of a groundwater basin or subbasin.
Existing law requires the department to identify the extent of
monitoring of groundwater elevations that is being undertaken in
groundwater basins and subbasins, and if the department determines
that all or part of a basin or subbasin is not being monitored, to
determine whether there is sufficient interest in establishing a
groundwater management plan, an integrated regional water management
plan, or a groundwater monitoring association. Under certain
circumstances, if there is insufficient interest in establishing a
plan or association, and the county decides not to perform
groundwater monitoring and reporting functions, the department is
required to perform the groundwater monitoring functions. In that
event, specified entities with authority to assume groundwater
monitoring functions with regard to a basin or subbasin for which the
department has assumed those functions are not eligible for a water
grant or loan awarded or administered by the state. 

   This bill would authorize the department to exempt an entity from
this eligibility restriction if the entity submits to the department
for approval documentation demonstrating that there are special
circumstances justifying the entity's noncompliance, including, but
not limited to, that a significant portion of the entity's service
area qualifies as a disadvantaged community and that the water grant
or loan project includes those actions needed to comply with
groundwater monitoring functions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 239 is added to the Water Code, to read:
   239.  The department shall provide technical assistance to
disadvantaged communities so that they may participate in groundwater
planning, including, but not limited to, plans for regional
groundwater banking, with any county or other local agency. 
  SEC. 2.    Section 10933.7 of the Water Code is
amended to read:
   10933.7.  (a) If the department is required to perform groundwater
monitoring functions pursuant to Section 10933.5, the county and the
entities described in subdivisions (a) to (d), inclusive, of Section
10927 shall not be eligible for a water grant or loan awarded or
administered by the state.
   (b) Notwithstanding subdivision (a), the department shall
determine that an entity described in subdivision (a) is eligible for
a water grant or loan under the circumstances described in
subdivision (a) if the entity has submitted to the department for
approval documentation demonstrating that the entity's entire service
area qualifies as a disadvantaged community.
   (c) Notwithstanding subdivision (a), the department may determine
that an entity described in subdivision (a) is eligible for a water
grant or loan under the circumstances described in subdivision (a) if
the entity has submitted to the department for approval
documentation demonstrating that there are special circumstances
justifying the entity's noncompliance, including, but not limited to,
that a significant portion of the entity's service area qualifies as
a disadvantaged community and that the water grant or loan project
includes those actions needed to comply with the monitoring functions
pursuant to this chapter.