BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 453


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          Date of Hearing:  April 14, 2015


                  ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE


                                 Marc Levine, Chair


          AB 453  
          (Bigelow) - As Introduced February 23, 2015


          SUBJECT:  Sustainable Groundwater Management Act


          SUMMARY:  Allows an existing groundwater management plan to be  
          amended until a Groundwater Sustainability Plan (GSP) is adopted  
          under the Sustainable Groundwater Management Act (SGMA).  


          EXISTING LAW:  


          1)Requires the Department of Water Resources (DWR) to evaluate  
            groundwater basins and designate them as high, medium, low or  
            very low, according to various factors including, but not  
            limited to, level of dependence upon the basin by municipal  
            and agricultural users;


          2)Requires that local agencies in high- and medium-priority  
            groundwater basins subject to SGMA form one or more local  
            Groundwater Sustainability Agencies (GSAs) by June 30, 2017 in  
            order to develop and implement Groundwater Sustainability  
            Plans (GSPs) to sustainably manage the groundwater basin or  
            subbasin, as defined.










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          3)Requires that GSAs in basins with chronic overdraft develop  
            and adopt GSPs for their groundwater basin or subbasin by  
            January 31, 2020.


          4)Requires that GSAs in all other high- and medium-priority  
            groundwater basins subject to SGMA develop and adopt GSPs by  
            January 31, 2022.


          5)Allows a local agency to submit a groundwater management plan  
            developed before SGMA took effect on January 1, 2015, or a  
            groundwater adjudication that is completed after January 1,  
            2015, to DWR by January 1, 2017 for a determination as to  
            whether it meets SGMA objectives and is therefore functionally  
            equivalent under SGMA to a GSP.  If so, the local agency is  
            not required to adopt a new SGMA GSP.


          6)After January 1, 2015 prohibits a local agency in a high- or  
            medium-priority basin subject to SGMA from adopting a new  
            groundwater plan pursuant to any other groundwater planning  
            statute except SGMA or amending an existing non-SGMA  
            groundwater plan.


          FISCAL EFFECT:  Unknown


          COMMENTS:  This bill allows local agencies to amend existing  
          groundwater management plans, sometimes referred to as "AB 3030  
          plans" or "SB 1938 plans."  Currently, SGMA and its related  
          statues expressly prohibit a local agency from amending its  
          current groundwater plan if it is subject to SGMA.  Instead, the  
          local agency can submit a pre-existing groundwater management  
          plan to DWR by January 1, 2017 for a determination as to whether  
          it is functionally equivalent to SGMA's objectives or it must  
          formulate a SGMA GSP that meets sustainability goals.  There is  
          nothing in SGMA that precludes a local agency from relying upon  








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          or incorporating information from its current groundwater plan  
          in the new GSP.     








          Supporting arguments:  The author and supporters state this bill  
          is necessary in order to provide locals with groundwater basin  
          management flexibility in order to deal with current challenges,  
          such as drought, in the interim before they adopt a SGMA GSP.   
          Other supporters state that local agencies should be able to  
          impose fees on groundwater extraction and exercise other SGMA  
          provisions ahead of either developing a GSP or presenting the AB  
          3030 plan to DWR as an alternative to a GSP.


          Opposing arguments:  Opponents state that this bill together  
          with the author's bill AB 454 cause delays to, and compete for  
          resources from, the implementation of SGMA.  Opponents state  
          that this bill is in direct conflict with the legislation  
          adopted just a few months ago and seem unproductive and  
          unnecessary given the timeline in which SGMA must be completed.   
          Opponents state that effective groundwater management is sorely  
          needed in California and this can best be done through the SGMA  
          process. 


          Committee Suggestion


          As the discussion over this bill illustrates, there are pros and  
          cons to allowing a current non-SGMA plan to be amended.   
          Allowing amendment could provide flexibility during the interim  
          period while the GSP is under development or it could dilute  
          local agency efforts and divert them from the GSP preparation.   








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          Committee suggests, on a moving-forward basis, that the author  
          work with stakeholders to develop provisions clarifying how  
          amendment of existing plans will support GSP development and not  
          undermine it. 


          Related Legislation 


          This is one of 14 bills in the Legislature proposing changes to  
          SGMA and its related statutes.  The other bills are: AB 452  
          (Bigelow) prohibiting the State Water Board from using Water  
          Rights Fund monies for SGMA enforcement, except funds collected  
          from SGMA enforcement; AB 454 (Bigelow) adding one year to the  
          deadline to form a GSA or adopt a GSP; AB 455 (Bigelow)  
          requiring the Judicial Council to come up with a 270-day process  
          for completing all California Environmental Quality Act (CEQA)  
          legal challenges to SGMA projects; AB 617 (Perea) adding mutual  
          water companies to GSAs; AB 938 (Salas) making minor technical  
          changes to SGMA; AB 939 (Salas) changing the time period for  
          providing technical data upon which a fee is based from 10 days  
          to 20 days before the meeting to adopt the fee;  AB 1242 (Gray)  
          prohibiting the State Water Board from setting in-stream flows  
          standards unless the Board mitigates for the potential local  
          response of increased groundwater use; AB 1243 (Gray) rebating  
          50% of all SGMA enforcement penalties back to local governments  
          and water districts for groundwater recharge projects; AB 1390  
          (Alejo) creating a streamlined process for groundwater  
          adjudications and exempting them from SGMA, except minimal  
          reporting requirements; AB 1531 (Environmental Safety and Toxic  
          Materials Committee) making minor technical changes to SGMA; SB  
          13 (Pavley) making noncontroversial technical cleanup changes to  
          SGMA; SB 226 (Pavley) adding a streamlined groundwater  
          adjudication section to SGMA; and SB 487 (Nielsen) exempting  
          SGMA projects from CEQA.


          









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Association of California Water Agencies


          Rural County Representatives of California


          Valley Ag Water Coalition




          




          Opposition


          Center for Biological Diversity









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          Clean Water Action


          Community Water Center


          Leadership Counsel for Justice and Accountability


          Natural Resources Defense Council


          Sierra Club California




          Analysis Prepared by:Tina Cannon Leahy / W., P., & W. / (916)  
          319-2096