BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 617| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: AB 617 Page 2 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 AB 617 Page 3 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 AB 617 Page 4 NO VOTE RECORDED: Chávez, Grove Prepared by:Dennis O'Connor / N.R. & W. / (916) 651-4116 8/31/15 8:54:43 **** END ****