BILL ANALYSIS Ó
AB 617
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Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
617 (Perea) - As Amended April 23, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill makes numerous revisions to last year's Sustainable
Groundwater Management Act (SGMA). Specifically, this bill:
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1)Modifies the current SGMA prohibition against counting any
increase in groundwater pumping during the period that a
Groundwater Sustainability Plan (GSP) is under development as
the basis for a later groundwater claim.
2)Revises the definition of groundwater recharge to include in
lieu use (the use of surface water by persons that may
otherwise extract groundwater).
3)Allows a private mutual water company to join Groundwater
Sustainability Agencies (GSAs) formed by one or more public
agencies pursuant to a Joint Powers Agreement (JPA) and
exercise the GSA powers provided by SGMA.
4)Allows GSAs to enter into public/private partnerships to
facilitate the implementation of GSPs.
5)Creates a remedy for state agency noncompliance with the GSP
by allowing a GSA to file notice with the State Water
Resources Control Board (SWRCB) and authorizing SWRCB to
direct a state entity to cooperate.
6)Modifies the requirement that multiple GSAs in the same
groundwater basin must utilize the same data and methodologies
and instead states that they must use consistent data and
methodologies.
7)Specifies that the California Environmental Quality Act (CEQA)
does not apply to the formation or election of a GSA.
8)Deletes the requirement for GSPs to coordinate so that the
entire basin is covered and instead allows coordinated
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implementation among a subgroup or groups in a basin.
9)Allows the Department of Water Resources (DWR) to consider
whether a GSA has failed to meet SGMA requirements because it
is in litigation when granting five-year extensions.
10)Prohibits the SWRCB from placing any portion of a basin in
probationary status if there is an adopted GSP that is being
implemented in accordance with the sustainability goals.
FISCAL EFFECT:
Increased costs for DWR potentially in the millions of dollars
(GF or special fund) to investigate groundwater basins and
assist the State Water Resources Control Board (SWRCB) in the
determination of sustainable use.
According to DWR, this bill eliminates the requirement to submit
a groundwater sustainability plan to DWR where a basin has
multiple plans and multiple entities. DWR would likely have to
step in and provide the planning and data to SWRCB for
enforcement purposes.
COMMENTS:
1)Purpose. According to the author, this bill clarifies and
harmonizes various SGMA provisions by addressing some
fundamental policy questions including, but not limited to,
the application of deadlines during litigation, the
application of CEQA to GSA formation, whether state agencies
should comply with GSPs, and whether GSAs can enter into
public/private partnerships.
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2)Background. Groundwater is either a subterranean stream
flowing through a known and definite channel or percolating
groundwater. Groundwater that is a subterranean stream is
subject to the same State Water Resources Control Board
(SWRCB) water right permitting requirements as surface water.
There is no statewide permitting requirement for percolating
groundwater, which is the majority of groundwater in the
state.
DWR is required to prioritize groundwater basins based on
multiple factors including, but not limited to, the level of
population and irrigated acreage relying on the groundwater
basin as a primary source of water and the current impacts on
the groundwater basin from overdraft, subsidence, saline
intrusion and other water quality degradation.
The groundwater basins identified in DWR's Groundwater Report,
Bulletin 118, are required to be regularly and systematically
monitored locally and the information is required to be
readily and widely available. DWR is required to perform the
groundwater elevation monitoring function if no local entity
will do so, but then bars the county and other entities
eligible to monitor that basin from receiving state water
grants or loans.
3)The Sustainable Groundwater Management Act (SGMA). Last year,
AB 1739 (Dickinson, Chapter 347, Statutes of 2014) and SB 1168
(Pavley, Chapter 346, Statutes of 2014), established landmark
state policy and requirements for groundwater sustainability
and management. By January 31, 2020, SGMA requires groundwater
sustainability plans (GSPs) in all groundwater basins
experiencing critical conditions of overdraft that DWR
determines to be of medium or high priority. SGMA requires
sustainable groundwater management plans for all other medium
or high priority basins by January 31, 2022, unless the basin
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is legally adjudicated or the local agency establishes it is
otherwise sustainably managed.
SGMA requires local agencies to identify or form a groundwater
sustainability agency (GSA) by January 1, 2017. Counties are
presumed to be the default agency if no other agency
identifies itself. Water corporations regulated by the PUC
are able to participate in the GSA if other agencies approve.
4) Related Legislation. In addition to this bill, the
following 14 bills propose to modify SGMA and its related
statutes:
a) AB 452 (Bigelow) prohibits the SWRCB from using the
revenue from water rights fees for SGMA enforcement.
This bill failed in Assembly Water, Parks and Wildlife
Committee.
b) AB 453 (Bigelow) allows an existing groundwater
management plant to be amended prior to the adoption of
GSP as required by SGMA. This bill is pending in the
Senate.
c) AB 454 (Bigelow) extends the deadline for forming a
Groundwater Sustainability Agency from June 30, 2017 to
June 30, 2016. This bill also extends the compliance
deadline for adopting a Groundwater Sustainability Plan
from January 31, 2022, to January 31, 2023 and from
January 31, 2025, to January 31, 2026, depending on the
priority status and condition of the basin. This
two-year bill is pending in the Assembly Appropriations
Committee.
d) AB 455 (Bigelow) requires the Judicial Council to
adopt a rule of court by July1, 2016, to ensure CEQA
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challenges to SGMA projects are resolved within 9 months.
Projects may proceed during the challenge period. This
bill is pending in the Water, Parks and Wildlife
Committee.
e) AB 647 (Eggman) revises the definition of the
beneficial use of water to include water stored in the
ground as specified. This bill is pending on the
Assembly Floor.
f) AB 936 (Salas) expands state funding eligibility for
groundwater projects and programs located in
disadvantaged communities if the grants or loans are used
to address noncompliance. This bill is in the Assembly
Appropriations Committee on suspense.
g) AB 938 (Salas) clarifies all local agencies
overlaying a groundwater basin that is reclassified by
DWR as a basin subject to SGMA are entitled to additional
time for compliance. This bill is pending in the Senate.
h) AB 939 (Salas) extends the time a groundwater
sustainability agency is required to make the data
supporting a proposed fee available to the public from 10
to 20 days prior to the public meeting to consider
adoption of the fee. This bill is pending in the Senate.
i) AB 1242 (Gray) requires the SWRCB to implement
mitigation measure for groundwater basins who increase
groundwater pumping in response to a state regulatory
action. This bill is pending in the Assembly
Appropriation Committee.
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j) AB 1243 (Gray) requires 50% of the fines collected
by SWRCB for SMGA violations are used to fund local
groundwater recharge projects. This bill is in the
Assembly Water, Parks and Wildlife Committee.
aa) AB 1390 (Alejo) provides an expedited groundwater
basin adjudication process in lieu of SGMA requirements.
This bill is pending in the Assembly Appropriations
Committee.
bb) SB 13 (Pavley) provides technical revisions to SGMA.
This bill is in the Assembly.
cc) SB 226 (Pavley) adds a streamlined groundwater
adjudication section to SGMA. This bill is pending in
the Senate Appropriations Committee.
dd) SB 487 (Nielsen) exempts SGMA projects from the
California Environmental Quality Act (CEQA). This bill
is in the Senate Environmental Quality Committee.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081
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