Agriculture, Environment and Natural Resources
AB 1390 (Alejo) – Oppose Unless Amended
As Amended May 18, 2015
AB 1390, by Assembly Member Luis Alejo, and sponsored by the California Farm Bureau Federation, would make changes to the legal processes used during a legal action to assign rights in a groundwater basin. CSAC and RCRC have expressed concerns with procedural aspects of the bill that would negatively impact counties, and a provision that would make cities and counties “that provide water service and overlie the basin” automatic parties to the action regardless to whether the city or county has an interest in the adjudication action or not. We are currently working with the author and sponsor to have this and other concerns addressed. AB 1390 is scheduled to be heard by the Senate Natural Resources and Water Committee on Tuesday, June 23.
AB 747 (Eggman) – Support
As Introduced Febuary 25, 2015
AB 747, by Assembly Member Susan Eggman, would address an outstanding issue concerning the implementation of SB 5 (Machado, Chapter 364, Statutes of 2007) — one piece of a six-bill flood protection package signed into law in 2007.
As enacted by SB 5, cities and counties within the Sacramento-San Joaquin Valley are prohibited from entering into a development agreement, approving any permit, entitlement or subdivision map in an urban and urbanizing area unless the city or county makes a finding that ensures the attainment of, or progress toward, a 200-year level of flood protection. Because of the mere placement of a comma in statute, this provision is now being interpreted to require a finding of 200-year flood protection for all discretionary permits, whether or not a project results in increased flood risk. For example, installations of drive-through windows in fast food restaurants and the construction of cell phone towers, both of which have no impact on flood risk, would be subject to the 200-year flood protection finding.
AB 747 would amend the trigger for requiring a 200-year finding for discretionary permits to only those which would result in the construction of a new building, or an increase in allowed occupancy for an existing building. This measure is scheduled to be heard by the Senate Natural Resources and Water Committee on Tuesday, June 23.