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SB 1236 would allow underground stormwater recharge credits; members warn about double counting

2849866 · April 1, 2025
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Summary

Senate Bill 12 36 would let entities recharge stormwater in underground storage and receive replenishment credits that can be used or transferred; members warned about potential double counting of naturally recharged water.

Representative Vicente presented Senate Bill 12 36, which would allow a person to recharge stormwater in a constructed underground storage facility and receive a replenishment credit for that water. The bill permits the credit holder to use the credits or transfer them to other eligible entities to offset replenishment obligations under specified conditions.

During caucus discussion, one member raised a concern about double counting: whether water that would have naturally recharged an aquifer could be claimed both as naturally occurring recharge and again as an engineered recharge for credit. "The only further comment I'll make was there was grave concerns about double counting water that would have been naturally recharged," a member said.

The bill was presented with the sponsor available for questions and was on the consent calendar; caucus members requested further clarification on how the crediting system would avoid double counting and how transfers would be regulated.

No final caucus vote was recorded during the meeting; members asked for additional information from the agency or sponsor before deciding whether to support the measure.