Existing law establishes a groundwater monitoring program pursuant to which specified entities may propose to be designated by the Department of Water Resources 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 create an exception 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 entitys noncompliance, including, but not limited to, that a significant portion of the entitys 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.

Existing law establishes a groundwater monitoring program pursuant to which specified entities may propose to be designated by the Department of Water Resources 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 create an exception from this eligibility restriction if the entity submits to the department for approval documentation demonstrating the water grant or loan project includes those actions needed to comply with groundwater monitoring functions.

Date of Hearing: April 22, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 936

Author:(Salas) – As Amended Ver:April 15, 2015

Urgency: No State Mandated Local Program: No Reimbursable:

SUMMARY:

This bill authorizes the Department of Water Resources (DWR) to allow projects and programs in disadvantaged communities currently ineligible for funding due to noncompliance with groundwater monitoring requirements to receive state funding if the project includes actions necessary to meet groundwater monitoring requirements.

FISCAL EFFECT:

1. Potential increased shifts in the awarding of grants from eligible entities to entities currently ineligible. 

2. Minor to moderate increased staff costs, likely in the $100,000 to $150,000 range to evaluate applications to determine if the grant request would result in compliance with monitoring functions.

DWR administers a number of grant programs to which this bill may apply including Integrated Regional Water Management Program, Local Groundwater Assistance Grants, Agricultural Water Conservation grants, and Urban Water Conservation grants.  Each program may potentially have the additional duty of reviewing requests to determine if the applicant is in a disadvantaged community and the grant brings the entity into compliance.

COMMENTS:

1. Rationale. The California Statewide Groundwater Elevation Monitoring Program (CASGEM) requires reporting of groundwater basin elevation information to DWR, and requires DWR to assume monitoring functions if the local agency is unable or unwilling to perform the reporting and monitoring duties. Basins for which DWR assumes the duties, or are out of compliance with CASEGEM requirements, are prohibited from receiving state grants and loans.

According to the author, the policy of denying CASGEM noncompliant basins state funding is having the negative consequence of preventing local agencies from receiving much needed water grants and loans in order to set up groundwater monitoring programs This bill would allow basins to receive funding under specified circumstance.

2. Background. On January 17, 2014, Governor Brown proclaimed a drought State of Emergency. That was followed on April 25, 2014 by a continued State of Emergency and on April 3, 2015 by a seven-page Executive Order, B-29-15, with 31 directives to address the drought crisis.

Directive 15 states that local agencies in all high and medium priority groundwater basins are to immediately implement all CASGEM requirements or be referred to the State Water Resources Control Board for possible enforcement action.

There are currently 127 high and medium priority basins in California. Those groundwater basins account for 96% of all groundwater use. Of the high and medium priority basins, DWR has determined that 9 are fully unmonitored and 16 are partially unmonitored. In other words, 102 are currently CASGEM compliant and 25 are noncompliant.

In the 25 non-compliant basins, local agencies can still be eligible for a water grant or loan if their whole area is a disadvantaged community. That is because it is assumed that the bar to compliance is that the entity's customers are financially incapable of supporting a monitoring program. This bill will further clarify eligibility.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081