BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 617|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 617
          Author:   Perea (D)
          Amended:  8/31/15 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:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  77-1, 6/2/15 - See last page for vote

           SUBJECT:   Groundwater


          SOURCE:    Valley Ag Water Coalition


          DIGEST:  This bill makes both substantive and technical and  
          clarifying amendments to the Sustainable Groundwater Management  
          Act (SGMA) and related sections of the Water Code.


          ANALYSIS:   Existing law establishes the SGMA. Among other  
          things, SGMA requires that each high- and medium-priority  
          groundwater basins be managed pursuant to a groundwater  
          sustainability plan (GSP), with the goal of achieving  
          sustainability within 20 years.


          This bill:








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          1)States any action to regulate groundwater extractions taken as  
            a means of implementing a GSP could not be used as evidence  
            of, or to establish or defend against, any claim of  
            prescription.

          2)Authorizes a groundwater sustainability agency that finds that  
            a state entity is not working cooperatively regarding  
            implementation of a GSP, to file notice with the board  
            regarding its finding. 


          3)Makes numerous technical and clarifying changes to SGMA.


          Comments
          
          Needs Chaptering Language.  This bill includes amendments to  
          sections that conflict with the recently passed SB 13 (Pavley).   
          Amendments are needed to prevent inadvertent chaptering out  
          problems.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee:

           Unknown costs, likely in the mid-tens of thousands of dollars  
            per notice, to the Water Rights Fund (special) to the SWRCB to  
            investigate notices that a state entity is not cooperating in  
            the implementation of a groundwater sustainability plan.


          SUPPORT:   (Verified8/20/15)


          Valley Ag Water Coalition (source)
          City of Visalia
          Kings River Conservation District
          Kings River Water Association
          Modesto Irrigation District
          Tulare Irrigation District







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          Turlock Irrigation District
          Western Growers


          OPPOSITION:   (Verified8/20/15)




          Sierra Club California
          The Nature Conservancy


          ARGUMENTS IN SUPPORT:     Supporters appreciate the author's  
          attempt to clarify language and terms contained in SGMA, as well  
          as to harmonize key provisions in the Act.  A number also state  
          that they are committed to the successful implementation of  
          SGMA, and see the provisions of this bill as only helping in  
          their efforts.


          ARGUMENTS IN OPPOSITION:     The Sierra Club objects to this  
          bill's proposed changes regarding claims of prescriptive rights  
          [Section 2].  They assert that it would lead to a "race to the  
          bottom" for groundwater extractions.


          The Nature Conservancy objected to a section that was just  
          amended out of this bill.

          ASSEMBLY FLOOR:  77-1, 6/2/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            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,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Thurmond, Ting, Wagner, Waldron, Weber, Wilk,  
            Williams, Wood, Atkins
          NOES:  Mark Stone







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          NO VOTE RECORDED:  Chávez, Grove

          Prepared by:Dennis O'Connor / N.R. & W. / (916) 651-4116
          8/31/15 8:54:43


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