BILL NUMBER: AB 359	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2011
	AMENDED IN SENATE  JUNE 30, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  APRIL 11, 2011

INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 14, 2011

   An act to amend Sections 10752, 10753, 10753.2, 10753.4, 10753.5,
and 10753.7 of, and to add Section 10753.11 to, the Water Code,
relating to groundwater.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 359, Huffman. Groundwater management plans.
   (1) Existing law authorizes specified local agencies that provide
water service to adopt and implement a groundwater management plan.
Existing law requires a local agency that elects to develop a
groundwater management plan to hold a hearing prior to adopting a
resolution of intention to draft a plan and, after the plan is
prepared, to hold a 2nd hearing to determine whether to adopt the
plan. Existing law requires the local agency to publish a specified
notice before each of these hearings. Existing law requires a local
agency to prepare a groundwater management plan within 2 years of the
date of the adoption of the resolution of intention.
    This bill would require the local agency to provide a copy of a
resolution of intention to the Department of Water Resources within
30 days of the date of adoption. The bill would authorize any person
to request to be placed on a list established by the local agency for
purposes of receiving notices regarding plan preparation, meeting
announcements, and availability of draft plans, maps, and other
relevant documents. The bill would require the local agency to
provide each of those interested persons and the department with a
specified notice prior to the 2nd hearing to determine whether to
adopt the plan. The bill would require, if a groundwater management
plan is not adopted within 2 years of the date of the adoption of a
resolution of intention and the local agency is operating under a
previously adopted groundwater management plan, that the previously
adopted plan remain in effect. The bill would require the department
to post on its Internet Web site the information the department
possesses regarding the local agencies that have jurisdiction to
develop groundwater management plans and information regarding
groundwater management plans provided by local agencies and specified
groundwater monitoring entities.
   (2) Existing law requires a local agency seeking specified state
funds for certain groundwater projects to include in a groundwater
management plan various components, including components relating to
the monitoring and management of groundwater levels within the
groundwater basin.
   This bill would specify that the groundwater projects to which
these requirements apply include projects that are part of an
integrated regional water management program or plan. The bill,
commencing January 1, 2013, would additionally require a map
identifying the recharge areas, as defined, for the groundwater basin
to be included in a groundwater management plan for purposes of the
state funding requirements. The bill would require the local agency
to provide the map of the recharge areas to local planning agencies
and notify the department and other interested persons when a map is
submitted to those local planning agencies.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10752 of the Water Code is amended to read:
   10752.  Unless the context otherwise requires, the following
definitions govern the construction of this part:
   (a) "Groundwater" means all water beneath the surface of the earth
within the zone below the water table in which the soil is
completely saturated with water, but does not include water that
flows in known and definite channels.
   (b) "Groundwater basin" means any basin or subbasin identified in
the department's Bulletin No. 118, dated September 1975, and any
amendments to that bulletin, but does not include a basin in which
the average well yield, excluding domestic wells that supply water to
a single-unit dwelling, is less than 100 gallons per minute.
   (c) "Groundwater extraction facility" means a device or method for
the extraction of groundwater within a groundwater basin.
   (d) "Groundwater management plan" or "plan" means a document that
describes the activities intended to be included in a groundwater
management program.
   (e) "Groundwater management program" or "program" means a
coordinated and ongoing activity undertaken for the benefit of a
groundwater basin, or a portion of a groundwater basin, pursuant to a
groundwater management plan adopted pursuant to this part.
   (f) "Groundwater recharge" means the augmentation of groundwater,
by natural or artificial means, with surface water or recycled water.

   (g) "Local agency" means a local public agency that provides water
service to all or a portion of its service area, and includes a
joint powers authority formed by local public agencies that provide
water service.
   (h) "Person" has the same meaning as defined in Section 19.
   (i) "Recharge area" means the area that supplies water to an
aquifer in a groundwater basin and includes multiple wellhead
protection areas.
   (j) "Watermaster" means a watermaster appointed by a court or
pursuant to other provisions of law.
   (k) "Wellhead protection area" means the surface and subsurface
area surrounding a water well or well field that supplies a public
water system through which contaminants are reasonably likely to
migrate toward the water well or well field.
  SEC. 2.  Section 10753 of the Water Code is amended to read:
   10753.  (a) Any local agency, whose service area includes a
groundwater basin, or a portion of a groundwater basin, that is not
subject to groundwater management pursuant to other provisions of law
or a court order, judgment, or decree, may, by ordinance, or by
resolution if the local agency is not authorized to act by ordinance,
adopt and implement a groundwater management plan pursuant to this
part within all or a portion of its service area.
   (b) Notwithstanding subdivision (a), a local public agency, other
than an agency defined in subdivision (g) of Section 10752, that
provides flood control, groundwater management, or groundwater
replenishment, or a local agency formed pursuant to this code for the
principal purpose of providing water service that has not yet
provided that service, may exercise the authority of this part within
a groundwater basin that is located within its boundaries within
areas that are either of the following:
   (1) Not served by a local agency.
   (2) Served by a local agency whose governing body, by a majority
vote, declines to exercise the authority of this part and enters into
an agreement with the local public agency pursuant to Section
10750.7 or 10750.8.
   (c) Except as provided in subdivision (b), this chapter does not
authorize a local agency with authority to manage groundwater
planning within the service area of another local agency.
   (d) Except as otherwise provided in this part, the process for
developing and adopting a revised groundwater management plan shall
be the same as the process for developing and adopting a new
groundwater management plan.
  SEC. 3.  Section 10753.2 of the Water Code is amended to read:
   10753.2.  (a) Prior to adopting a resolution of intention to draft
a groundwater management plan, a local agency shall hold a hearing,
after publication of notice pursuant to Section 6066 of the
Government Code, on whether or not to adopt a resolution of intention
to draft a groundwater management plan pursuant to this part for the
purposes of implementing the plan and establishing a groundwater
management program.
   (b) At the conclusion of the hearing, the local agency may draft a
resolution of intention to adopt a groundwater management plan
pursuant to this part for the purposes of implementing the plan and
establishing a groundwater management program.
   (c) The local agency shall provide to the department a copy of a
resolution of intention adopted pursuant to this section within 30
days of the date of adoption. The local agency shall also provide to
the department contact information for the person in charge of
drafting the groundwater management plan.
   (d) The department shall post on its Internet Web site information
it possesses regarding groundwater management plans being prepared
or adopted pursuant to this part, including information provided by
local agencies identified pursuant to this section, and monitoring
entities identified pursuant to Sections 10928 and 10930.
  SEC. 4.  Section 10753.4 of the Water Code is amended to read:
   10753.4.  (a) The local agency shall prepare a groundwater
management plan within two years of the date of the adoption of the
resolution of intention.
   (1) If the plan is not adopted within two years, the resolution of
intention expires, and a plan shall not be adopted except pursuant
to a new resolution of intention adopted in accordance with this
chapter.
   (2) If the plan is not adopted within two years, and the local
agency was operating under a previously adopted groundwater
management plan, that previous plan shall remain in effect.
   (b) For the purposes of carrying out this part, the local agency
shall make available to the public and the department a written
statement describing the manner in which interested parties may
participate in developing the groundwater management plan. The local
agency may appoint, and consult with, a technical advisory committee
consisting of interested parties for the purposes of carrying out
this part.
   (c) The local agency shall establish and maintain a list of
persons interested in receiving notices regarding plan preparation,
meeting announcements, and availability of draft plans, maps, and
other relevant documents. Any person may request, in writing, to be
placed on the list of interested persons.
  SEC. 5.  Section 10753.5 of the Water Code is amended to read:
   10753.5.  (a) After a groundwater management plan is prepared, the
local agency shall hold a second hearing to determine whether to
adopt the plan. Notice of the hearing shall be given pursuant to
Section 6066 of the Government Code. Notice shall also be provided to
the department and to all persons on the list established and
maintained pursuant to subdivision (c) of Section 10753.4. The notice
shall include a summary of the plan and shall state that copies of
the plan and any maps that may be prepared pursuant to this part may
be obtained for the cost of reproduction at the office of the local
agency.
   (b) At the second hearing, the local agency shall consider
protests to the adoption of the plan. At any time prior to the
conclusion of the second hearing, any landowner within the local
agency may file a written protest or withdraw a protest previously
filed.
  SEC. 6.  Section 10753.7 of the Water Code is amended to read:
   10753.7.  (a) For the purposes of qualifying as a groundwater
management plan under this section, a plan shall contain the
components that are set forth in this section. In addition to the
requirements of a specific funding program, a local agency seeking
state funds administered by the department for groundwater projects
or groundwater quality projects, including projects that are part of
an integrated regional water management program or plan, and
excluding programs that are funded under Part 2.78 (commencing with
Section 10795), shall do all of the following:
   (1) Prepare and implement a groundwater management plan that
includes basin management objectives for the groundwater basin that
is subject to the plan. The plan shall include components relating to
the monitoring and management of groundwater levels within the
groundwater basin, groundwater quality degradation, inelastic land
surface subsidence, changes in surface flow and surface water quality
that directly affect groundwater levels or quality or are caused by
groundwater pumping in the basin, and a description of how recharge
areas identified in the plan substantially contribute to the
replenishment of the groundwater basin.
   (2) For purposes of implementing paragraph (1), the local agency
shall prepare a plan to involve other agencies that enables the local
agency to work cooperatively with other public entities whose
service area or boundary overlies the groundwater basin.
   (3) For purposes of implementing paragraph (1), the local agency
shall prepare a map that details the area of the groundwater basin,
as defined in the department's Bulletin No. 118, and the area of the
local agency, that will be subject to the plan, as well as the
boundaries of other local agencies that overlie the basin in which
the agency is developing a groundwater management plan.
   (4) (A) Commencing January 1, 2013, for purposes of implementing
paragraph (1), the groundwater management plan shall include a map
identifying the recharge areas for the groundwater basin.
   (B) The local agency shall provide the map required pursuant to
subparagraph (A) to the appropriate local planning agencies after
adoption of the groundwater management plan.
   (C) Upon submitting a map pursuant to subparagraph (B), the local
agency shall notify the department and all persons on the list
established and maintained pursuant to subdivision (c) of Section
10753.4.
   (D) For purposes of this paragraph, "map identifying the recharge
areas" means a map that identifies, or maps that identify, the
current recharge areas that substantially contribute to the
replenishment of the groundwater basin.
    (5) The local agency shall adopt monitoring protocols that are
designed to detect changes in groundwater levels, groundwater
quality, inelastic surface subsidence for basins for which subsidence
has been identified as a potential problem, and flow and quality of
surface water that directly affect groundwater levels or quality or
are caused by groundwater pumping in the basin. The monitoring
protocols shall be designed to generate information that promotes
efficient and effective groundwater management.
    (6) Local agencies that are located in areas outside the
groundwater basins delineated on the latest edition of the department'
s groundwater basin and subbasin map shall prepare groundwater
management plans incorporating the components in this subdivision,
and shall use geologic and hydrologic principles appropriate to those
areas.
   (b) (1) (A) A local agency may receive state funds administered by
the department for groundwater projects or for other projects that
directly affect groundwater levels or quality if it prepares and
implements, participates in, or consents to be subject to, a
groundwater management plan, a basinwide management plan, or other
integrated regional water management program or plan that meets, or
is in the process of meeting, the requirements of subdivision (a). A
local agency with an existing groundwater management plan that meets
the requirements of subdivision (a), or a local agency that completes
an update of its plan to meet the requirements of subdivision (a)
within one year of applying for funds, shall be given priority
consideration for state funds administered by the department over
local agencies that are in the process of developing a groundwater
management plan. The department shall withhold funds from the project
until the update of the groundwater management plan is complete.
   (B) Notwithstanding subparagraph (A), a local agency that manages
groundwater under any other provision of existing law that meets the
requirements of subdivision (a), or that completes an update of its
plan to meet the requirements of subdivision (a) within one year of
applying for funding, shall be eligible for funding administered by
the department. The department shall withhold funds from a project
until the update of the groundwater management plan is complete.
   (C) Notwithstanding subparagraph (A), a local agency that conforms
to the requirements of an adjudication of water rights in the
groundwater basin is in compliance with subdivision (a). For purposes
of this subparagraph, an "adjudication" includes an adjudication
under Section 2101, an administrative adjudication, and an
adjudication in state or federal court.
   (D) Subparagraphs (A) and (B) do not apply to proposals for
funding under Part 2.78 (commencing with Section 10795), or to funds
authorized or appropriated prior to September 1, 2002.
   (E) A local agency may request state funds to map groundwater
recharge areas pursuant to paragraph (4) of subdivision (a) to the
extent that the request for state funds is consistent with
eligibility requirements that are applicable to the use of the
requested funds.
   (2) Upon the adoption of a groundwater management plan in
accordance with this part, the local agency shall submit a copy of
the plan to the department, in an electronic format, if practicable,
approved by the department. The department shall make available to
the public copies of the plan received pursuant to this part.
  SEC. 7.  Section 10753.11 is added to the Water Code, to read:
   10753.11.  A plan shall not be considered invalid, and the local
agency shall not be required to recirculate the plan for public
comment or to delay implementation of the plan, if the local agency
substantially complies with the public notice provisions of this
chapter.