AB 454
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Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
AB 454 (Bigelow) – As Introduced February 23, 2015
SUBJECT: Sustainable Groundwater Management Act
SUMMARY: Adds one year to each of the deadlines for forming a management agency under
the Sustainable Groundwater Management Act (SGMA) and adopting a plan. Specifically, this
bill:
1) Changes the compliance date for forming a Groundwater Sustainability Agency (GSA) from
June 30, 2017 to June 30, 2018;
2) Changes the compliance deadline for adopting a Groundwater Sustainability Plan (GSP)
from January 31, 2022 to January 31, 20123 for high- and medium-priority groundwater
basins that is neither:
a) In a critical condition of overdraft; or,
b) In a condition where groundwater extractions result in significant depletions of
interconnected surface waters.
3) Changes the compliance deadline for adopting a GSP from January 31, 2025 to January 31,
2026 for high- and medium- priority groundwater basins that are in a condition where
groundwater extractions result in significant depletions of interconnected surface waters.
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) that
provide for the sustainable management of the groundwater basin or subbasin, as defined.
3) Requires that GSAs in basins with chronic overdraft develop and adopt GSPs for their basin
or subbasin by January 31, 2020.
4) Requires that GSAs in all other high- and medium-priority basins subject to SGMA develop
and adopt GSPs by January 31, 2022.
5) Delays enforcement for failure to a adopt a GSP in a high- or medium-priority basins that is
in a condition where groundwater extractions result in significant depletions of
interconnected surface waters until January 31, 2025.
6) Requires that adopted GSPs utilize a 50 year planning horizon that will achieve sustainability
in a basin or subbasin within 20 years and include identified milestones at five year intervals.
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7) Defines sustainable groundwater management in a GSP as avoiding undesirable results in the
basin or subbasin from groundwater pumping such as significant and unreasonable: lowering
of groundwater levels: reduction of groundwater storage; seawater intrusion; degraded water
quality; land subsidence; and, depletions of interconnected surface waters.
8) Provides GSAs with optional tools for reaching sustainability including, but not limited to,
the ability to conduct investigations, collect fees, limit pumping, require measurement and
reporting of groundwater extractions, monitor compliance, charge civil penalties for
violations, and implement plans and programs to recharge a basin or subbasin.
9) Authorizes the State Water Board to declare a basin in probationary status and adopt an
interim plan for a basin, subbasin, or portion of a basin or subbasin, under three narrow
circumstances:
a) There is no GSA for all or a portion of a basin or subbasin by June 30, 2017;
b) There is no GSP for all or a portion of a basin or subbasin by the relevant deadline; or,
c) A submitted GSP is deemed inadequate by DWR and there is also either:
i) Chronic overdraft in the basin or subbasin; or,
ii) Groundwater pumping is causing a significant depletion of interconnected surface
waters in the basin or subbasin.
10) Allows the State Water Board, in an area that has no GSA by June 30, 2017, to require direct
reporting of groundwater extractions and to charge fees to administer that program.
FISCAL EFFECT: Unknown
COMMENTS: This bill would delay multiple SGMA deadlines, require DWR, the State Water
Board, and others that are helping to implement SGMA to re-write and redistribute guidance
materials.
SGMA took effect four months ago and the short time lines in the Act are reflective of the crisis
facing many of the State's groundwater basins. California is more dependent on groundwater
than any other state in the United States. Groundwater makes up 40% of the overall water
supply in an average year but during drought many water users drill new wells or increase
pumping from existing wells. That can push the State's reliance on groundwater to more than
60% of the overall water supply.
SGMA was adopted in 2014 when California was in its third year of drought. It is now in the
fourth year of drought causing the Governor to issue Executive Order B-29-15 on April 1, 2015,
proclaiming a State of Emergency throughout the State due to limited rainfall, record low
snowpack in the Sierra Nevada Mountains, decreased water levels in reservoirs, reduced flows in
the State's rivers, and "shrinking supplies in underground water basins."
The Executive Order seeks to accelerate actions that can help address the crisis including
immediately requiring local agencies in high- and medium-priority basins to begin monitoring
groundwater levels in compliance with DWR's California Statewide Groundwater Elevation
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Monitoring program, if they are not doing so already. If those agencies fail, DWR is to report
them to the State Water Board for potential enforcement action.
Supporting arguments. The author states that this bill is "needed to allow locals a little bit more
time to determine and organize their groundwater sustainability plans, as the current time line is
unrealistic for many locals throughout California."
Opposing arguments. Opponents state that SGMA deadlines were negotiated among many
parties only a few months ago. Opponents add that they are not aware of any changed
circumstances that would necessitate building in additional delays and are of the opinion that the
original timelines in SGMA are "overly generous."
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 453 (Bigelow) allowing groundwater management plans adopted prior to SGMA to be
amended and extended; AB 455 (Bigelow) requiring the Judicial Council to come up with a 270day 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.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
Center for Biological Diversity
Clean Water Action
Community Water Center
Leadership Counsel for Justice & Accountability
Natural Resources Defense Council
Sierra Club of California
Analysis Prepared by: Tina Cannon Leahy / W., P., & W. / (916) 319-2096