Report Prepared by: Mike Conway, Assistant to the City Manager
Title
SUBJECT: Opposition to Senate Bill 252, Water Wells
REPORT IN BRIEF
Approve opposition to Senate Bill (SB) 252, Water Wells.
RECOMMENDATION
City Council- Adopt a motion approving staff to oppose SB 252, (Dodd) Water Wells.
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Approve, subject to other than recommended by staff (identify specific findings and/or conditions amended to be addressed in the motion); or,
3. Deny; or,
4. Refer to staff for reconsideration of specific items (specific items to be addressed in the motion); or,
5. Continue to a future meeting (date and time to be specified in the motion).
AUTHORITY
Charter of the City of Merced, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the 2017-18 Adopted Budget
DISCUSSION
SB 252, Water Wells, D. Dodd, D-Napa, 5, is another attempt to impose CEQA-like regulations on local governments without using the California Environmental Quality Act. This is another bill that creates an unfunded mandate.
This bill would require for any new municipal wells the City allows that we would have to hold a meeting and provide 10-day notice to property owners within 300-feet of the proposed well. We also would have to adopt an ordinance stating that the City will comply with SB 252.
The bill doesn't clarify how it will work with other ground water regulations in place. Other ambiguous parts of the legislation include who is actually required to conduct the meeting and provide notice, and who is to receive notice.
Staff has provided a letter of opposition to the Senate Committee Chair and will continue to use a variety of methods to oppose the bill that can include letters, phone calls, personal meetings, testimony and media outreach.
Staff plans to bring before Council a complete Legislative platform in August for its
discussion and approval. Once a Legislative platform is approved, staff will be able to respond ...
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