Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1739

Introduced by Assembly Member Dickinson

(Coauthor: Assembly Member Rendon)

February 14, 2014

An act to begin delete add Section 10750.3 to end delete begin insert amend Section 65302.2 of, and to add Section 56878 to, the Government Code, and to amend Section 10795.4 of, and to add Part 2.74 (commencing with Section 10720) to Division 6 of, end insert the Water Code, relating to groundwater.

LEGISLATIVE COUNSEL’S DIGEST

AB 1739, as amended, Dickinson. Groundwater basin management: sustainability.

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(1) Existing law authorizes local agencies, as defined, to adopt and implement a groundwater management plan. Existing law requires a groundwater management plan to contain specified components and requires a local agency seeking state funds administered by the Department of Water Resources for groundwater projects or groundwater quality projects to do certain things, including, but not limited to, prepare and implement a groundwater management plan that includes basin management objectives for the groundwater basin.

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This bill would require a sustainable groundwater management plan to be adopted, except as provided, for each high or medium priority groundwater basin by any groundwater management agency, defined as a special district authorized to provide water for beneficial uses or with specific authority to conduct groundwater management, a city, a county, a city and county, or certain joint powers authorities. This bill would require a sustainable groundwater management plan to meet certain requirements, including, but not limited to, that the plan contain sustainable groundwater management objectives to achieve sustainable groundwater management in the groundwater basin within 20 years of the implementation of the plan but would allow the department to grant an extension beyond 20 years to 30 years based on groundwater basin circumstances, and that the plan contain the components required of a groundwater management plan seeking the above-described state funds. This bill would require a sustainable groundwater management plan to be submitted by the groundwater management agency to the department for technical review.

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This bill, as of an unspecified date or as of a date adopted by the groundwater management agency, whichever is earlier, would prohibit the extraction of groundwater within a groundwater basin for new commercial, multifamily residential, or industrial development, except for the use of a single-family domestic well, unless the groundwater basin has a sustainable groundwater management plan. This bill would authorize a groundwater management agency to establish, assume, or cooperatively manage well permitting programs to provide essential management information to implement a sustainable groundwater management plan and basin management objectives, and to regulate the pumping of groundwater. This bill would require the process for developing or revising a sustainable groundwater management plan, or revising a groundwater management plan to meet sustainable groundwater management plan requirements, to meet specified requirements for public notification, hearing, and protest.

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(2) Existing law provides that moneys in the Local Groundwater Assistance Fund, upon appropriation by the Legislature, are authorized to be used by the Department of Water Resources to assist local public agencies to conduct groundwater studies, to carry out groundwater monitoring and management activities, and to assist in the development of groundwater management plans.

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This bill would authorize the department to use moneys in the fund, upon appropriation, to conduct groundwater studies or to carry out groundwater monitoring and management activities described in paragraph (1).

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(3) Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, sets forth the powers and duties of a local agency formation commission and governs the procedures for the formation, change of organization, and reorganization of cities and special districts.

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This bill would authorize the local agency formation commission to provide special technical assistance and an expedited timeline to facilitate the formation of a local and regional groundwater management agency if there is no local and regional groundwater management agency existing in a defined groundwater basin.

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(4) Existing law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city with specified elements, including, among others, land use and conservation elements. Existing law requires a city or county, upon the adoption or revision of its general plan, on or after January 1, 1996, to utilize as a source document any urban water management plan submitted to the city or county by a water agency.

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This bill would require a city or county, upon the adoption or revision of its general plan, to reference as a source document any sustainable groundwater management plan or groundwater management plan for a groundwater basin or subbasin within the jurisdiction of the city or county. By imposing a new requirement on a city or county, this bill would impose a state-mandated local program.

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(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Existing law, the Groundwater Quality Monitoring Act of 2001, requires the State Water Resources Control Board to integrate existing monitoring programs and design new program elements, as necessary, to establish a comprehensive monitoring program capable of assessing each groundwater basin in the state through direct and other statistically reliable sampling approaches. The act requires the state board, in establishing the comprehensive monitoring program, to prioritize groundwater basins that supply drinking water.

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This bill would require the State Water Resources Control Board, in consultation with the Department of Water Resources, to develop thresholds for the sustainable management of the priority groundwater basins.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 56878 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 56878. end insert   

If there is no local and regional groundwater
management agency existing in a groundwater basin, as defined
in subdivision (b) of Section 10720 of the Water Code, the
commission may provide special technical assistance and an
expedited timeline to facilitate the formation of a local and regional
groundwater management agency.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 65302.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65302.2.  

begin insert (a) end insert begin insert   end insert Upon the adoption, or revision, of a city or
county’s general plan, on or after January 1, 1996, the city or
county shall utilize as a source document any urban water
management plan submitted to the city or county by a water
agency.

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(b) Upon the adoption, or revision, of a city or county’s general
plan, the city or county shall utilize as a source document the
following plans for a groundwater basin or subbasin within the
jurisdiction of the city or county:

end insert begin insert

(1) A sustainable groundwater management plan adopted
pursuant to Part 2.74 (commencing with Section 10720) of Division
6 of the Water Code.

end insert begin insert

(2) A groundwater management plan adopted pursuant to Part
2.75 (commencing with Section 10750) of Division 6 of the Water
Code.

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begin insert SEC. 3. end insert   

end insert

begin insert Part 2.74 (commencing with Section 10720) is added
to Division 6 of the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

 

PART  begin insert 2.74. end insert   Groundwater Sustainability

 

begin insert 10720. end insert   

Unless the context otherwise requires, the following
definitions govern the construction of this part:

(a) “Bulletin No. 118” means the department’s bulletin entitled
“California’s Ground Water,” dated September 1975, and any
amendments to that bulletin.

(b) “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.

(c) “Groundwater basin” means any groundwater basin or
subbasin identified in Bulletin No. 118 that the department
identifies as a high or medium priority groundwater basin as part
of the California Statewide Groundwater Elevation Monitoring
Program in accordance with Sections 10933 and 12924.

(d) “Groundwater management agency” means a special district
authorized to provide water for beneficial uses or with specific
authority to conduct groundwater management, a city, a county,
a city and county, or a joint powers authority comprised of any or
all of the these.

(e) “Groundwater management program” means a coordinated
and ongoing activity undertaken for the benefit of a groundwater
basin, or a portion of a groundwater basin, based on the best
available science, monitoring, forecasting, and use of technological
resources, pursuant to a sustainable groundwater management
plan.

(f) “Recharge” means the augmentation of groundwater, by
natural or artificial means, with surface water or recycled water.

(g) “Sustainable groundwater management” means the
management and use of groundwater in a manner that can be
maintained during the planning and implementation horizon
without resulting in a significant adverse overdraft-related
environmental, social, or economic effect, as determined by the
groundwater management agency.

begin insert 10725. end insert   

(a) A sustainable groundwater management plan shall
be adopted for each groundwater basin by any overlying
groundwater management agency. A sustainable groundwater
management plan shall meet the following requirements:

(1) Include the components set forth in Section 10753.7.

(2) Be adopted on or before January 1, 2020, and updated every
five years thereafter.

(3) Contain sustainable groundwater management objectives
to achieve sustainable groundwater management in the
groundwater basin within 20 years of the implementation of the
plan, include an analysis demonstrating how the objectives will
achieve sustainable groundwater management, and identify the
parties responsible for achieving the objectives. The department
may grant an extension beyond the 20-year sustainability timeframe
if necessary based on groundwater basin circumstances, but in no
case may a sustainable management plan contemplate that more
than 30 years are required to achieve sustainable groundwater
management.

(4) Provide a planning and implementation horizon of at least
50 years.

(5) Annually submit a performance report comparing the status
of the groundwater basin to the sustainable groundwater
management objectives.

(6) Provide summaries of monitoring data regularly to the
department for the California Statewide Groundwater Elevation
Monitoring Program and locally to the groundwater basin
stakeholders through an Internet Web site or similar method.

(b) A sustainable groundwater management plan shall not be
required for a groundwater basin, or a portion of a groundwater
basin, that is subject to groundwater management pursuant to
other provisions of law or a court order, judgment, or decree.

(c) If multiple sustainable groundwater management plans cover
different portions of a groundwater basin, each sustainable
groundwater management plan shall not conflict with or impede
sustainable groundwater management relating to the other
sustainable groundwater management plans in the groundwater
basin.

(d) (1) A groundwater management agency may incorporate
into a sustainable groundwater management plan a neighboring
area overlying the groundwater basin not already covered by
another sustainable groundwater management plan.

(2) A groundwater basin boundary, as defined in Bulletin No.
118, may be adjusted by a groundwater management agency, in
consultation with adjacent groundwater basin groundwater
management agencies and the department, to address hydrologic
conditions and other features of the subbasin based on a technical
analysis supporting the boundary adjustment.

begin insert 10726. end insert   

The process for developing or revising a sustainable
groundwater management plan, or revising a groundwater
management plan adopted pursuant to Part 2.75(commencing with
Section 10750) to meet the requirements of this part, shall meet
the requirements on a local agency for public notification, hearing,
and protest set forth in Sections 10753.2 to 10753.6, inclusive.

begin insert 10730. end insert   

(a) A sustainable groundwater management plan shall
be submitted by the groundwater management agency to the
department for technical review.

(b) The department shall subject the sustainable groundwater
management plan to technical review for adequacy and do one of
the following:

(1) Approve the sustainable groundwater management plan.

(2) Conditionally approve the sustainable groundwater
management plan.

(3) Determine the sustainable groundwater management plan
to be inadequate and allow six months for resubmission of the
sustainable groundwater management plan with revisions.

begin insert 10735. end insert   

A groundwater management agency may do all of the
following:

(a) Enter into a joint powers authority, participate in a
memorandum of understanding among existing agencies,
participate in an integrated regional water management planning
group, any of which may include a locally authorized watermaster,
or establish another form of appropriate local or regional
sustainable groundwater management entity.

(b) Raise funds for the purposes of this chapter.

(c) Regulate the pumping of groundwater.

(d) Establish, assume, or cooperatively manage well permitting
programs to provide essential management information to
implement a sustainable groundwater management plan and basin
management objectives. The well permitting program may include,
but is not limited to, information about the location, depth, water
quality, construction, and production of a well and shall ensure
that well abandonment standards are enforced.

(e) Enforce the agency’s sustainable groundwater management
plan.

begin insert 10740. end insert   

(a) As of ____ date or as of the date adopted by the
groundwater management agency, whichever is earlier, a person
or entity shall not extract groundwater within a groundwater basin
for new commercial, multifamily residential, or industrial
development, unless a groundwater basin has a sustainable
groundwater management plan.

(b) This section does not apply to the use of a single-family
domestic well.

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begin insert SEC. 4. end insert   

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begin insert Section 10795.4 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10795.4.  

Upon appropriation by the Legislature, the money in
the fund may be used by the department to assist local public
agencies by awarding grants to those agencies to conduct
groundwater studies or to carry out groundwater monitoring and
management activities in accordance with Part 2.75 (commencing
with Section 10750) begin insert , Part 2.74 (commencing with Section 10720), end insert
or other authority pursuant to which local public agencies manage
groundwater resources, or begin delete both, end delete begin insert any combination of these end insert including
the development of groundwater management plans, as provided
for in subdivision (a) of Section 10753.7.

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begin insert SEC. 5. end insert   

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If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SECTION 1.  

Section 10750.3 is added to the Water Code, to
read:

10750.3.  

The state board, in consultation with the department,
shall develop thresholds for the sustainable management of the
priority groundwater basins listed pursuant to the Groundwater
Quality Monitoring Act of 2001 (Part 2.76 (commencing with
Section 10780)), as that list may be amended.

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