By Don A. Wright
At 9:01am on Tuesday, April 29, 2025 the 13-member California State Assembly Water, Parks & Wildlife Committee was called to order in Sacramento without a quorum. Assemblywoman Diane Papan, D-San Mateo, is Chair. She may have heard a sigh of relief from all over the state when she took over as chair. For the most part she’s received decent reviews for her more informed and moderate behavior than some previous chairs.
Today’s committee was hearing proposed legislation from the Assembly. There were 18 bills to be reviewed. The process is for the author of the bill to come before the committee with witnesses. The author will give his or her reasoning for the intended legislation and the witnesses in support will give their opinions. Then witnesses in opposition are asked to do the same.
After each of the support and opposed witnesses state their case, the chair asked members of the public to speak. She calls it the “me too” statement. This is limited to stating one’s name, where they’re from, any organization they represent and their position on the proposed bill. Then the committee members are allowed to ask questions and make statements about the bill. Finally, the author is invited to make a closing pitch and the committee takes a roll call vote to move the bill along the legislative process or not.
I watched this remotely on my computer and it wasn’t Zoom or even Teams. There was no opportunity to ask any questions. Fair enough. Can you imagine the chaos of having the world weigh in electronically? However, I may have misspelled some names, misstated others and even got the vote count incorrect. I welcome all who where there to contact www.WaterWrights.net and provide corrections to errors.
The Committee Hearing
Assemblyman Juan Alanis, R-Modesto, spoke on his bill AB 430 requiring the State Water Resources Control Board to conduct an environmental and economic study for non-emergency regulations used for more than one year and it be released to the public.
As a witness in support Alex Biering, California Farm Bureau Confederation said the State Board has been using the emergency regulations for too long after the appropriate time. There are two rivers specifically referred to, the Scott and Shasta Rivers. Several folks from the room spoke in favor, including Gail Delihant from Western Growers. No one spoke in opposition. This was passed later in the meeting. The next assemblyman has a bill (AB 263) that will freeze in place the State Board’s emergency powers granted by the governor over the Scott and Shasta Rivers until 2031. But that bill isn’t on today’s agenda.
Assemblyman Chris Rogers, D-Santa Rosa, spoke on AB 1139 to expand exemptions of the California Environmental Quality Act (CEQA) for non-motorized recreation on preexisting roads, trails and paths in open space parks. He said Sonoma County, where he’s from, has recently acquired thousands of acres of open space that border existing parks. This land already has trails that connect to the neighboring park. His point was it’s unnecessary to go through the CEQA permitting process.
Mathew Baker Planning & Conservation League said the PCL is having a hard time with opening public lands to the public because there might be impacts to endangered species, Indian tribes or an increase in fires. He wants the usual, lengthy public review under CEQA no matter what.
At 9:14am a quorum was determined and roll call was called again. There was a vote on AB 1139 that was unanimously in favor.
Recreating SGMA In Our Own Image
Next Damon Connolly, D-San Rafael, spoke in favor of his bill, AB 929 that will require Groundwater Sustainability Plans under the Sustainable Groundwater Management Act (SGMA) to change how managed wetlands and disadvantaged communities (DACs) are addressed. Or, it sounded like, exempted from SGMA. A witness from the Audubon Society said the reduction of wetlands have caused the decline to bird populations and blamed it on Trump for increasing water supply to farms. Mateo Kirshner, Community Water Center said CWC partners with disadvantaged communities and has reviewed all the GSPs and found them wanting. They haven’t adequately taken into account the domestic water users’ needs. It was stated AB 929 won’t create additional costs nor change SGMA goals.
Speaking in opposition to the bill was Biering who said the Farm Bureau believes AB 929 will set back SGMA and this bill is unnecessary. None of the GSPs were rejected for lack of planning for wetlands and this is built into SGMA. Bob Reeb, Valley Ag Water Coalition spoke saying AB 929 will exempt two classes of pumpers from SGMA after millions of dollars have been spent by GSAs on GSPs. Others also opposed such as the California Chamber of Commerce, Western Growers and ACWA, the Association of California Water Agencies.
Committee member Assemblywoman Alexandra Macedo, R-Tulare spoke saying this bill was vetoed last year and it doesn’t help SGMA achieve its goals. There was a vote but I wasn’t clear on how it turned out.
You’re going to start seeing a pattern here that brings to mind the old Hank Williams Sr. song, “Mind Your Own Business and You Won’t Be Minding Mine”. Legislators, mostly from the Bay Area and coastal Southern California, love to write legislation that can have severe economic impacts on the rural and agricultural parts of the state in the name of compassion – usually directed toward the environment, tribes or disadvantaged communities. Very often harming all of them by undermining the local economy and straining resources, not to mention good will. What you don’t see is representatives of rural districts proposing legislation that would take water away from urban areas.
AB 929 is an example of this. San Rafael, Connolly’s home turf, is on the north side of the San Francisco Bay in a dense urban corridor along Highway 101. SGMA isn’t a direct problem in San Rafael. It’s too late to restore the environment there to pre-Columbian status. Nobody is standing in line to give back their property built upon the land of whichever tribe was living there in 1849.
Here’s something to consider. Perhaps the best way to help disadvantaged communities is to divert a portion of the estimated 10 million acre feet of water that pass under the Golden Gate Bridge annually to where it is needed. This would prevent a million acres of the world’s best farmland from going fallow, increase the economic output of the areas hit
hardest by SGMA and help DACs. In the meantime, you’ll be providing water to the Pacific Flyway wetlands and tribal lands. And it won’t cost you a drop of water from your own stash, harm the environment or even require new infrastructure, although new water infrastructure in California is much needed. Hmm? Let’s see here; good for the environment, good for the tribes and good for DACs. Why not write a bill like that?
Well, OK
AB 1225, Assemblyman Steve Bennett, D-Ventura put forth a bill to increase access to parks and beaches by establishing an Access Advisory Committee for the disabled. A gentleman in a wheelchair spoke in favor saying – I think I got this right. I’m not trying to be snarky – there needs to be wheelchair access for beaches and hiking trails. A lady from The Nature Collective said working with Caltrans they’ve been able to build bridges over wildlife habitats in Southern California. There was no opposition and three of the committee members asked to be cosponsors. The vote was unanimously in favor of passing the bill on to appropriation.
I believe Alanis’ AB 430 was passed as a quorum was established somewhere in the midst of all of this.
Let’s Calm Down the Regulatory Zeal
AB 975, James Gallagher, R-Chico would exempt repairs of existing culverts and bridges needing repairs in Sutter County without entering into a deal with the Department of Fish & Wildlife for a stream alteration permit. There have been floods that caused damage to the infrastructure and the county has more than 1,000 projects that have been delayed. Sutter County has 200 square miles of rice fields that depend on these culverts and bridges. Even flood control levees have been rendered inaccessible due to regulatory red tape. In the time it took to get the permits from the state to fix, I think it was six culverts, another six failed. There was no opposition and the vote was unanimously in favor.
AB 514 by Assemblywoman Cottie Petrie-Norris, D-Irvine will establish local emergency water storage for drought times. Irvine Ranch Water District spoke in favor. Also in favor was the San Diego Water Authority, City of Roseville, Elsinore Valley Municipal Water District, Santa Clara Valley WD, ACWA and the City of Sacramento amongst more than a dozen including Glenn Farrell of the Southern California Water Coalition.
Bennett spoke saying he’s concerned scientific research will be used as a loophole. He said,
and I’m not making this up, it’s unusual to use scientific research. If I got that wrong please let me know. The bill was passed out of committee.
AB 550 also Petrie-Norris, is meant to increase development of energy projects such as solar. Often the policy changes can shift dramatically and change a project from approved to criminal should a species be found that could or might be listed. After all the permitting has been completed the job can be stopped due to the California Environmental Species Act. This bill will include shielding a project from criminal prosecution and require a mitigation study and provide a path to a Safe Harbor Act Agreements.
Chair Papan asked for support and opposition from witnesses. It was interesting to see the clean energy supporters and the enviro supporters’ views. One enviro from Defenders of Wildlife echoed Bennett saying scientific research can’t be a substitute. The enviros stated they were open to an amendment. Bennett said his earlier comments about research was premature and he will support the bill and Petrie-Norris thanked him and committed to working to an acceptable ending by refining the bill’s language.
A Lifetime’s Worth of Stall
AB 697 Lori Wilson, D-Suisun City, is mean to help with 21-miles of State Route 37’s bottleneck (it can take up to three hours to get the 21-miles) through the San Pablo Bay National Wildlife Refuge between Mare Island near Vallejo and Sears Point in the Bay Area. I just drove through there a couple of weeks ago and it’s reduced to two lanes with a concrete barrier down the median. It is a mess for traffic but the entire area is a big marsh and interesting to look at. Reminds me a bit of the marsh along Louisiana’s shore on the Gulf of Mexico, save for it’s not hot and sticky enough to melt the tires off a bicycle.
The bill would allow California Fish & Wildlife to authorize incidental take permits for improvements. The traffic backs up tremendously and I didn’t hear how much the air quality could be improved by widening the road so vehicles won’t sit there idling. Wilson said public transportation won’t even use that corridor due to the delays. Two County Supervisors spoke in favor.
An NGO named Transform had a lady who looked somewhat distressed speak in opposition to the bill for the possible harm it could cause by promoting future highways instead of clean public transport. She was also worried the increased traffic would cause enough global warming to result in the entire area being under water by 2040. Baker, from Planning & Conservation was opposed and a tribe from the area was opposed without amendments.
Committee member Rogers said he’s sat on a regional transportation committee tasked with improvements to State Route 37. A committee that started before he was born. He said the longer the delay the more negative impacts to the environment and economy of the area. There has been demands from opposition to turn it into a toll road and that’s not possible with an established road. They’d have to build a new toll road. Rogers said he appreciates Wilson’s efforts to work with the tribes. Bennett voted yes but warned Wilson he’s keeping an eye on things. The committee passed.
Maybe Fishermen & Farmers Should Work Together
Next AB 1056 by Bennett was heard. This bill will create more government oversight on gill net fishing permits. The bill will allow the one time transfer of the permit to a family
member until 2031. The only location along the California coast is offshore from his district in Ventura. He said the nets are one mile long and are reeled in after 48-hours. There are great numbers of creatures caught that are not commercial. These permits are not subject to cancel by the Fish & Game Commission so it is up to the legislature to term out the permits according to AB 1056. The NRDC and Defenders of Wildlife support the bill.
The Pacific Coast Federation of Fishermen opposed the bill. Its spokesman said some of these permits have been in the families for generations and the entire fishery industry is very concerned. He said he was concerned about the legislature micromanaging the fishery instead of using the scientific rigor of Fish & Game.
Committee member Gregg Hart, D-Santa Barbara said gill net fishing has been a problem for a very long time but this bill gives an opportunity to transfer the permits. Rogers asked if Bennett has considered cancelling seasons having an impact on the permits lapsing. Bennett said he has had many talks with gill net fishermen who have asked for phasing out the gill nets over two generations. He called it a generous phaseout.
Bennett closed with asking the witness to address Rogers concerns. One said under AB 1056 the permits can’t lapse. Bennett called the bill commonsense. The committee split voted to move it along.
Releasing Water Under False Pretenses
Papan wrote AB 1146. She said it will stop water from being a political prop. She referred to the release of water from Kaweah and Tule Rivers as a stunt. Audubon and the Planning & Conservation league supported the bill.
Chelsea Haines from ACWA opposed the bill because it caused an absence of hearings and immediately requires a reservoir to come under operations ordered by the State Water Resource Control Board, something the State Board is meant to do. A temporary restraining order will do just fine. The definition of false pretense will lead to water uncertainty and fail to impact any federal operations.
Biering said she shares Papan’s frustration with the releases. However, this bill could subject Central Valley Project contractors instead of federal operators to harm. As the California Assembly nor the State Board don’t have authority over the federal government. There were many ag groups who opposed. Bennett complimented Papan for the bill.
Papan said this was a very unusual circumstance and not a federal constitutional issue since the water was California’s. She doesn’t believe the courts are nimble enough to do what the State Board can do before the water is lost. Only one Republican was still in the room during the vote and it went party line in favor.
This was an unusual circumstance. In February the Army Corps of Engineers was ordered to release water from reservoirs on the Kaweah and Tule Rivers in Tulare County. Ostensibly this water was meant to flow to Southern California to help with the massive fires. Unfortunately, whoever it was on President Donald Trump’s staff who ordered these releases didn’t know their butt from a hole in the ground. The plumbing wouldn’t allow the water to get past the San Joaquin Valley.
Papan’s bill cites two billion gallons were released. That sounds like a lot of water – until. As an anonymous yet wise and contrarian water blogger once opined, if you’re talking about water in gallons, you’re either trying to put a bigger spin on it or don’t understand how water is measured. Please don’t misconstrue me – I don’t think Ms. Papan is ignorant or deceitful. For all I know there may be some legislative writing rules that require gallons to be used.
How much is two billion gallons? It’s 6,138 acre feet (a/f) from Lakes Success and Lake Kaweah over less than three days. Lake Success has 84,095 a/f capacity, Lake Kaweah has 140,352 a/f capacity. Of the combined 224,447a/f of storage capacity less than 3-percent of the storage was released.
In the month of February 2024 about 4,536,746 a/f was released through the Delta. Or almost 1.48 trillion gallons if we’re still going with that. The releases from the reservoirs in February of this year were .0001-percent of what the state released in one month last year. Remember, and average10 million a/f annually, above and beyond the needs of the environment goes out to sea unused.
The majority of the water released went to local recharge. Depending on weather conditions that much or more would be released to make room for flood control. Not that this justifies spontaneous releases. That could cause flooding and water right violations and who know what else.
However, AB 1146 comes across as a political prop against Trump and not against the actual harm caused. As I stated in this report, Assemblywoman Papan has shown a willingness to consider all sides of an issue that comes before her committee. She deserves some respect for that. But how many times has a mistaken release like this ever happened? Seriously, how many times? As far as I know only once. It’s a shame to see taxpayer money spent on a bill that is so blatantly political in origin and doesn’t address an actual problem. Demonizing Trump doesn’t seem like a good way to help California’s water.
Special Bear Hearing
Just after 11:00pm there was a “special order of business” to hear AB 1038. Author Heather Hadwick, R-Redding said there is a bear problem in her district. A bear recently broke into a fortified home and ate alive an elderly woman named Patrice Miller. This bill will allow the use of dogs when hunting down predator bears.
Sierra County Sheriff Mike Fisher addressed the committee saying in 2023 there was the first documented death from a black bear in California no more than 75-yards from his office. He and his deputies have to spend their time running bears out of the community instead of tending to enforcing law. There are more than 200 calls a year from bears breaking into homes and other structures in Downieville California.
A man who works as a large carnivore biologist spoke saying using dogs to remove bears will not harm the bears or the dogs. It will make bears find human areas unpleasant. He said although there has been a slight decrease in reported calls to CDF&W but not to law enforcement. He handled 600 bear calls in the Tahoe Basin that was not reflected in the statistics.
Papan invited the “me too” public comment supporters to state only their name, where they are from and organization they might represent. More than three dozen folks showed up: even tribal voices, folks from Merced, Fresno Tulare and Kern Counties along with veterinarians from Nevada spoke in support of the bill.
Using dogs to hunt bears is an ancient practice ended in California by the legislature in 2012. It has now been determined there are more than double the black bears previously estimated in the state.
One speaker representing a humane society, I believe, testified in opposition. She stated a “western biologist” told her hounds attack pets, livestock and kill cubs. She said removing food and placing more electric fencing will prevent conflicts. She said AB 1036 is an excuse to recreationally chase bears with hounds.
Another opposition testimony giver was a man who said he was from a Tahoe based NGO Bear League who stated Miller’s death by a bear was alleged, then said she left cat food out. He said this bill is disguising hunting under prevention. Many of the opposition were not from areas where bears roam. The Planning & Conservation as well as the Sierra Club opposed. Also opposing – the Mountain Lion Foundation and Animal Legal Defense Fund.
Macedo asked why the reported number of bear conflicts has decreased. The biologist explained it was a changed method of reporting on the part of CDF&W. She asked if chasing by the dogs caused more stress on bears than the manner the NGOs use. He said no.
The NGO guy from Tahoe said the data used by Hadwick is inaccurate and dogs scare bears to death and are unrulily.
Since he opened a charge against the author, Macedo asked Hadwick to respond. She pointed out that the data referred to about the number of bears not increasing is outdated. She also pointed out most of the opposition are from the urban areas that don’t have bears.
Assemblyman David Tangipa, R-Fresno said there are increased reports of abnormal behavior from bears. There was a bill heard earlier in the year about increased bear problems that the committee moved forward and Tangipa said this bill is needed to increase the tools available to protect people from bears.
Bennett said this bill confuses the issue by not focusing on what else can be done by humans to help this serious bear problem and relies on hunting. Hadwick said this bill does not allow hunting and all the efforts in Tahoe have only led to that community having the highest bear population in the nation.
Rogers said he won’t support the bill but will help get more funding for livestock producers who lose animals to bears. Hadwick said right now there is a wolf depredation fund but no bear fund. Assemblywoman Jasmeet Baines, D-Bakersfield asked what happens to the dogs if the bears get them. The lady from humane society said they get their lungs punctured.
Assemblyman Hart asked the opposition to speak more. The Tahoe NGO said the bears are often counted twice so the accounting is off. He said CDW&F has better technology to determine the bear population but hasn’t got it right. The lady said the size of the bear population is irrelevant, it’s the human behavior causing the problem. She said dogs and bears get killed and its cruel.
I believe it was Vice Chair Jeff Gonzalez, R-Coachella who asked how to prevent bears from interacting with humans. Tahoe NGO said a bear came by his place and knocked over his trash can but it was locked and couldn’t get to the garbage. The biologist said the number of bear home invasion have been much higher in Tahoe in the past few years.
Sheriff Fisher said the law enforcement response will be different than Fish & Game. If a dangerous or life threatening situation occurs the bear will be taken out. The Tahoe NGO said killing the bear is the last choice option. He said he throws pinecones at bears and airhorns, paintball guns, banging on pots can cause a bear to leave – unless there is food involved.
Assemblywoman Anamarie Avila Farias, D-Concord thanked Hadwick for being an animal lover and found AB 1038 to be a good balance. Assemblyman David Alvarez, D–Chula Vista said he, like Rodriguez comes from an urban area and doesn’t know much about bears. He said many times bills have come before the committee to have representatives of industries say there is a commission or department with expertise that would have a better handle on the situation. Alvarez said he’ll support the bill today but reserves the right to change his mind.
Hadwick said those in opposition to AB 1038 have been intractable and her district needs to be proactive against predators. None of the opponents she’s spoken with have ever hounded a bear. The bill was narrowly moved out of committee. Hart and Assemblywoman Celeste Rodriguez, D-Arleta abstained.
The last bill for the morning was the consent calendar and was passed. Some other house cleaning measures and votes on bills with a quorum that were passed over were conducted. The committee then adjourned until 5:00pm that afternoon.
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