BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 453|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 453
Author: Bigelow (R)
Amended: 7/16/15 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 7/14/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-1, 4/16/15 - See last page for vote
SUBJECT: Groundwater management
SOURCE: Valley Ag Water Coalition
DIGEST: This bill authorizes the State Water Resources Control
Board to use Water Right Fund monies derived from
non-groundwater enforcement related activities to be expended
for groundwater enforcement activities only if the groundwater
related funds are depleted and the funds are replenished by
groundwater enforcement related fees or other non-Water Rights
Fund sources.
ANALYSIS:
Existing law:
1)Requires the following to be deposited in the Water Rights
Fund:
AB 453
Page 2
a) Annual fees, such as those collected from holders of
permits or licenses to appropriate water.
b) Fees for service, such as for the application,
registration, petition, etc. of various water rights
related activities by the State Water Resources Control
Board (State Board).
c) Penalties, such as those assessed for violations of
cease and desist orders, violations of terms of water
rights, unauthorized diversion or use, or willful
misstatements of diversion and use.
d) Fees collected to cover the costs of State Board
intervention under the Sustainable Groundwater Management
Act (SGMA). Such fees may include:
i) Fees for participation as a petitioner or party to
an adjudicative proceeding.
ii) Fees for the filing of reports in probationary
basins and basins without a groundwater sustainably
agency.
2)Authorizes monies deposited in the Water Rights Fund, to be
used, upon appropriation, for the following:
a) Expenditure by the State Board of Equalization to
administer the collection of annual fees from water rights
holders.
b) Payment of refunds of fees.
c) Expenditure by the State Board, including for the
following:
i) Administering water rights.
ii) Appropriation of water by the Department of Water
Resources.
iii) Activities associated with developing and enforcing
recycled water regulations.
AB 453
Page 3
iv) Activities associated with establishing water
quality control plans in connection with plans and
policies that address the diversion or use of water.
v) Intervention by the State Board under the SGMA.
This bill:
1)Restricts the use of fees collected and deposited in the Water
Rights Fund derived from the State Board's intervention under
the SGMA to funding just those costs.
2)Allows the use of non-SGMA monies in the Water Rights Fund to
fund intervention by the State Board under the SGMA only if
the SGMA derived fees are depleted and those monies are
replenished by SGMA fees or other non-Water Rights Fund
sources.
Comments
Opposition may no longer be relevant. Opponents all raised
concerns with language that is no longer in the bill. It is not
clear if those registered as "oppose" are still in opposition or
simply haven't sent in a letter removing their opposition.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified8/19/15)
Valley Ag Water Coalition (source)
African American Farmers of California
Association of California Water Agencies
California Agricultural Aircraft Association
California Association of Nurseries and Garden Centers
California Citrus Mutual
California Cotton Ginners Association
California Cotton Growers Association
California Fresh Fruit Association
California Latino Water Coalition
California Rice Commission
California Tomato Growers Association
AB 453
Page 4
Kings River Water Association
Kings River Water Conservation District
National Hmong American Farmers
Newhall County Water District
Nisei Farmers League
Regional Water Authority
Rural County Representatives of California
Semitropic Water Storage District
Western Agricultural Processors Association
OPPOSITION: (Verified8/19/15)
Center for Biological Diversity
Clean Water Action
Community Water Center
Leadership Counsel for Justice and Accountably
Natural Resources Defense Council
Sierra Club California
The Nature Conservancy
ASSEMBLY FLOOR: 78-1, 4/16/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Rendon, Ridley-Thomas, Rodriguez, Salas,
Santiago, Steinorth, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NOES: Mark Stone
NO VOTE RECORDED: Quirk
Prepared by:Dennis O'Connor / N.R. & W. / (916) 651-4116
8/19/15 20:55:44
**** END ****
AB 453
Page 5