Amended in Senate August 22, 2014

Amended in Senate August 18, 2014

Amended in Senate August 7, 2014

Amended in Senate August 4, 2014

Amended in Senate June 17, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1739


Introduced by Assembly Member Dickinson

(Principal coauthor: Senator Pavley)

(Coauthor: Assembly Member Rendon)

February 14, 2014


An act to amend Sections 65352 and 65352.5 of, and to add Section 65350.5 to, the Government Code, and to amend Sections 348, 1120, 1552,begin delete and 1831end deletebegin insert 1831, 10721, 10726.4, and 10726.8end insert of, to addbegin delete Sectionend deletebegin insert Sectionsend insert 1529.5begin delete to,end deletebegin insert and 10726.9 to,end insert to add Part 5.2 (commencing with Section 5200) to Division 2 of, and to add Chapter 7 (commencing with Section 10729), Chapter 8 (commencing with Section 10730), Chapter 9 (commencing with Section 10732), Chapter 10 (commencing with Section 10733), and Chapter 11 (commencing with Section 10735) to Part 2.74 of Division 6 of, the Water Code, relating to groundwater.

LEGISLATIVE COUNSEL’S DIGEST

AB 1739, as amended, Dickinson. Groundwater management.

(1) Existing law authorizes local agencies 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, preparing and implementing a groundwater management plan that includes basin management objectives for the groundwater basin.

This bill would provide specific authority to a groundwater sustainability agency, as defined in SB 1168 of the 2013-14 Regular Session, to impose certain fees. The bill would authorize the department or a groundwater sustainability agency to provide technical assistance to entities that extract or use groundwater to promote water conservation and protect groundwater resources. This bill would require the department, by January 1, 2017, to publish on its Internet Web site best management practices for the sustainable management ofbegin delete groundwater.end deletebegin insert groundwater, and would require the department to prepare and release a report by December 31, 2016, on the department’s best estimate of water available for replenishment of groundwater in the state.end insert

This bill would require a groundwater sustainability agency to submit a groundwater sustainability plan to the department for review upon adoption. This bill would require the department to periodically review groundwater sustainability plans, and by June 1, 2016, would require the department tobegin delete developend deletebegin insert adoptend insert certainbegin delete guidelines.end deletebegin insert regulations.end insert This bill would authorize a local agency to submit to the department for evaluation and assessment an alternative that the local agency believes satisfies the objectives of these provisions. This bill would require the department to review any of the above-described submissions at least every 5 years after initial submission to the department.begin delete This bill would authorize the department to assess an administrative charge on groundwater sustainability agencies and the board, as specified, and would require that all charges collected by the department pursuant to these provisions be deposited in the Groundwater Sustainability Plan Administration Fund, which would be created by the bill. The bill would require that moneys in the fund be available to the department, upon appropriation, for support of the department in receiving, evaluating, assessing, and making determinations about the adequacy of the groundwater sustainability plan or alternative.end delete

This bill would authorize the board to conduct inspections and would authorize the board to obtain an inspection warrant. Because the willful refusal of an inspection lawfully authorized by an inspection warrant is a misdemeanor, this bill would impose a state-mandated local program by expanding the application of a crime.

This bill would authorize the board to designate a basin as a probationary basin, if the board makes a certain determination. This bill would authorize the board to develop an interim plan for a probationary basin if the board, in consultation with the department, determines that a local agency has not remedied a deficiency that resulted in designating the basin as a probationary basin within a certain timeframe. This bill would authorize the board to adopt an interim plan for a probationary basin after notice and a public hearing and would require state entities to comply with an interim plan. This bill would specifically authorize the board to rescind all or a portion of an interim plan if the board determines at the request of specified petitioners that a groundwater sustainability plan or adjudication action is adequate to eliminate the condition of long-term overdraft or condition where groundwater extractions result in significant depletions of interconnected surface waters. This bill would provide that the board has authority to stay its proceedings relating to an interim plan or to rescind or amend an interim plan based on the progress made by a groundwater sustainability agency or in an adjudication action.

(2) Existing law establishes the Water Rights Fund, which consists of various fees and penalties. The moneys in the Water Rights Fund are available, upon appropriation by the Legislature, for, among other things, the administration of the State Water Resource Control Board’s water rights program.

This bill would provide that the money in the Water Rights Fund is available for expenditure, upon appropriation by the Legislature, for the purpose of state board enforcement of the provisions of this bill. This bill would require the board to adopt a schedule of fees in an amount sufficient to recover all costs incurred and expended from the Water Rights Fund by the board for this bill.

Under existing law, a person who violates a cease and desist order of the board may be liable in an amount not to exceed $1,000 for each day in which the violation occurs. Revenue generated from these penalties is deposited in the Water Rights Fund.

This bill would authorize the board to issue a cease and desist order in response to a violation or threatened violation of any decision or order of the board or any extraction restriction, limitation, order, or regulation adopted or issued under the provisions of this bill.

(3) Existing law, with certain exceptions, requires each person who diverts water after December 31, 1965, to file with the State Water Resources Control Board a prescribed statement of diversion and use. Existing law subjects a person to civil liability if that person fails to file, as required, a diversion and use statement for a diversion or use that occurs after January 1, 2009, tampers with any measuring device, or makes a material misstatement in connection with the filing of a diversion or use statement. Existing law provides that the making of any willful misstatement in connection with these provisions is a misdemeanor punishable as prescribed.

This bill would establish groundwater reporting requirementsbegin delete to the board or certain other entityend delete for a person extracting groundwater in an area within a basin that is not within the management area of a groundwater sustainability agency or a probationary basin.begin insert The bill would require the reports to be submitted to the board or, in certain areas, to an entity designated as a local agency by the board, as specified.end insert This bill would require each report to be accompanied by a specified fee. This bill would apply the above-described criminal and civil liability provisions to a report or measuring device required by this reporting requirement. By expanding the definition of a crime, this bill would impose a state-mandated local program.

Existing law authorizes the board or the Department of Water Resources to adopt emergency regulations providing for the filing of reports of water diversion or use that are required to be filed.

This bill would authorize the board or the department to adopt emergency regulations providing for the filing of reports of water extraction.

(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.

This bill would require, prior to the adoption or any substantial amendment of a general plan, the planning agency to review and consider a groundwater sustainability plan, groundwater management plan, groundwater management court order, judgment, or decree, adjudication of water rights, or a certain order or interim plan by the State Water Resources Control Board. This bill would require the planning agency to refer a proposed action to adopt or substantially amend a general plan to any groundwater sustainability agency that has adopted a groundwater sustainability plan or local agency that otherwise manages groundwater and to the State Water Resources Control Board if it has adopted an interim plan that includes territory within the planning area.

Existing law requires a public water system to provide a planning agency with certain information upon receiving notification of a city’s or a county’s proposed action to adopt or substantially amend a general plan.

This bill would also require a groundwater sustainability agency or an entity that submits an alternative to provide the planning agency with certain information as is appropriate and relevant, including a report on the anticipated effect of the proposed action on implementation of a groundwater sustainability plan.

By imposing new duties on a city or county, this bill would impose a state-mandated local program.

begin insert

(5) Senate Bill 1168 of the 2013-14 Regular Session, if enacted, would enact the Sustainable Groundwater Management Act, and would define “undesirable result” for purposes of those provisions. The act would grant specified authority to a groundwater sustainability agency relating to controlling groundwater extractions, and would specify that various provisions do not supersede the land use authority of cities and counties, as specified.

end insert
begin insert

This bill would revise the definition of “undesirable result,” and would specify that certain authority granted to a groundwater sustainability agency to control groundwater extractions shall be consistent with applicable elements of a city or county general plan, except as specified. The bill would provide that the provisions against superseding the land use authority of cities and counties applies to that authority within the overlying basin, including the city or county general plan, and would require a groundwater sustainability plan to take into account the most recent planning assumptions stated in local general plans overlying the basin.

end insert
begin delete

(5)

end delete

begin insert(6)end insert 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.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

begin delete

(6)

end delete

begin insert(7)end insert Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

begin delete

(7)

end delete

begin insert(8)end insert This bill would make its operation contingent on the enactment of SB 1168 of the 2013-14 Regular Session.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P6    1

SECTION 1.  

(a) The Legislature finds and declares as follows:

2(1) The people of the state have a primary interest in the
3protection, management, and reasonable beneficial use of the water
4resources of the state, both surface and underground, and that the
5integrated management of the state’s water resources is essential
6to meeting its water management goals.

7(2) Groundwater provides a significant portion of California’s
8water supply. Groundwater accounts for more than one-third of
9the water used by Californians in an average year and more than
10one-half of the water used by Californians in a drought year when
11other sources are unavailable.

12(3) Excessive groundwater extraction can cause overdraft, failed
13wells, deteriorated water quality, environmental damage, and
14irreversible land subsidence that damages infrastructure and
15diminishes the capacity of aquifers to store water for the future.

16(4) When properly managed, groundwater resources will help
17protect communities, farms, and the environment against prolonged
18dry periods and climate change, preserving water supplies for
19existing and potential beneficial use.

20(5) Failure to manage groundwater to prevent long-term
21overdraft infringes on groundwater rights.

P7    1(6) Groundwater resources are most effectively managed at the
2local or regional level.

3(7) Groundwater management will not be effective unless local
4actions to sustainably manage groundwater basins and subbasins
5are taken.

6(8) Local and regional agencies need to have the necessary
7support and authority to manage groundwater sustainably.

8(9) In those circumstances where a local groundwater
9management agency is not managing its groundwater sustainably,
10the state needs to protect the resource until it is determined that a
11local groundwater management agency can sustainably manage
12the groundwater basin or subbasin.

13(10) Information on the amount of groundwater extraction,
14natural and artificial recharge, and groundwater evaluations are
15critical for effective management of groundwater.

16(11) Sustainable groundwater management in California depends
17upon creating more opportunities for robust conjunctive
18management of surface water and groundwater resources. Climate
19change will intensify the need to recalibrate and reconcile surface
20water and groundwater management strategies.

begin insert

21(12) Sustainability groundwater management is part of
22implementation of the California Water Action Plan.

end insert

23(b) It is, therefore, the intent of the Legislature to do all of the
24following:

25(1) To provide local and regional agencies the authority to
26sustainably manage groundwater.

27(2) To provide that if no local groundwater agency or agencies
28provide sustainable groundwater management for a groundwater
29basin or subbasin, the state has the authority to develop and
30implement an interim plan until the time the local groundwater
31 sustainability agency or agencies can assume management of the
32basin or subbasin.

33(3) To require the development and reporting of those data
34necessary to support sustainable groundwater management,
35including those data that help describe the basin’s geology, the
36short- and long-term trends of the basin’s water balance, and other
37measures of sustainability, and those data necessary to resolve
38disputes regarding sustainable yield, beneficial uses, and water
39rights.

P8    1(4) To respect overlying and other proprietary rights to
2begin delete groundwater.end deletebegin insert groundwater, consistent with Section 1200 of the
3Water Code.end insert

4(5) To recognize and preserve the authority of cities and counties
5to manage groundwater pursuant to their police powers.

6

SEC. 2.  

Section 65350.5 is added to the Government Code, to
7read:

8

65350.5.  

Before the adoption or any substantial amendment
9of a city’s or county’s general plan, the planning agency shall
10review and consider all of the following:

11(a) An adoption of, or update to, a groundwater sustainability
12plan or groundwater management plan pursuant to Part 2.74
13(commencing with Section 10720) or Part 2.75 (commencing with
14Section 10750) of Division 6 of the Water Code or groundwater
15management court order, judgment, or decree.

16(b) An adjudication of water rights.

17(c) An order or interim plan by the State Water Resources
18Control Board pursuant to Chapter 11 (commencing with Section
1910735) of Part 2.74 of Division 6 of the Water Code.

20

SEC. 3.  

Section 65352 of the Government Code is amended
21to read:

22

65352.  

(a)  Before a legislative body takes action to adopt or
23substantially amend a general plan, the planning agency shall refer
24the proposed action to all of the following entities:

25(1) A city or county, within or abutting the area covered by the
26proposal, and any special district that may be significantly affected
27by the proposed action, as determined by the planning agency.

28(2) An elementary, high school, or unified school district within
29the area covered by the proposed action.

30(3) The local agency formation commission.

31(4) An areawide planning agency whose operations may be
32significantly affected by the proposed action, as determined by the
33planning agency.

34(5) A federal agency, if its operations or lands within its
35jurisdiction may be significantly affected by the proposed action,
36as determined by the planning agency.

37(6) (A) The branches of the United States Armed Forces that
38have provided the Office of Planning and Research with a
39California mailing address pursuant to subdivision (d) of Section
4065944, if the proposed action is within 1,000 feet of a military
P9    1installation, or lies within special use airspace, or beneath a
2low-level flight path, as defined in Section 21098 of the Public
3Resources Code, and if the United States Department of Defense
4provides electronic maps of low-level flight paths, special use
5airspace, and military installations at a scale and in an electronic
6format that is acceptable to the Office of Planning and Research.

7(B) Within 30 days of a determination by the Office of Planning
8and Research that the information provided by the Department of
9Defense is sufficient and in an acceptable scale and format, the
10office shall notify cities, counties, and cities and counties of the
11availability of the information on the Internet. Cities, counties, and
12cities and counties shall comply with subparagraph (A) within 30
13days of receiving this notice from the office.

14(7) A public water system, as defined in Section 116275 of the
15Health and Safety Code, with 3,000 or more service connections,
16that serves water to customers within the area covered by the
17proposal. The public water system shall have at least 45 days to
18comment on the proposed plan, in accordance with subdivision
19(b), and to provide the planning agency with the information set
20forth in Section 65352.5.

21(8) Any groundwater sustainability agency that has adopted a
22groundwater sustainability plan pursuant to Part 2.74 (commencing
23with Section 10720) of Division 6 of the Water Code or local
24agency that otherwise manages groundwater pursuant to other
25provisions of law or a court order, judgment, or decree within the
26planning area of the proposed general plan.

27(9) The State Water Resources Control Board, if it has adopted
28an interim plan pursuant to Chapter 11 (commencing with Section
2910735) of Part 2.74 of Division 6 of the Water Code that includes
30territory within the planning area of the proposed general plan.

31(10) The Bay Area Air Quality Management District for a
32proposed action within the boundaries of the district.

33(11) A California Native American tribe that is on the contact
34list maintained by the Native American Heritage Commission and
35that has traditional lands located within the city’s or county’s
36jurisdiction.

37(12) The Central Valley Flood Protection Board for a proposed
38action within the boundaries of the Sacramento and San Joaquin
39Drainage District, as set forth in Section 8501 of the Water Code.

P10   1(b) An entity receiving a proposed general plan or amendment
2of a general plan pursuant to this section shall have 45 days from
3the date the referring agency mails it or delivers it to comment
4unless a longer period is specified by the planning agency.

5(c) (1) This section is directory, not mandatory, and the failure
6to refer a proposed action to the entities specified in this section
7does not affect the validity of the action, if adopted.

8(2) To the extent that the requirements of this section conflict
9with the requirements of Chapter 4.4 (commencing with Section
1065919), the requirements of Chapter 4.4 shall prevail.

11

SEC. 4.  

Section 65352.5 of the Government Code is amended
12to read:

13

65352.5.  

(a) The Legislature finds and declares that it is vital
14that there be close coordination and consultation between
15California’s water supply or management agencies and California’s
16land use approval agencies to ensure that proper water supply and
17management planning occurs to accommodate projects that will
18result in increased demands on water supplies or impact water
19resource management.

20(b) It is, therefore, the intent of the Legislature to provide a
21standardized process for determining the adequacy of existing and
22planned future water supplies to meet existing and planned future
23demands on these water supplies and the impact of land use
24decisions on the management of California’s water supply
25resources.

26(c) Upon receiving, pursuant to Section 65352, notification of
27a city’s or a county’s proposed action to adopt or substantially
28amend a general plan, a public water system, as defined in Section
29116275 of the Health and Safety Code, with 3,000 or more service
30connections, shall provide the planning agency with the following
31information, as is appropriate and relevant:

32(1) The current version of its urban water management plan,
33adopted pursuant to Part 2.6 (commencing with Section 10610)
34of Division 6 of the Water Code.

35(2) The current version of its capital improvement program or
36plan, as reported pursuant to Section 31144.73 of the Water Code.

37(3) A description of the source or sources of the total water
38supply currently available to the water supplier by water right or
39contract, taking into account historical data concerning wet, normal,
40and dry runoff years.

P11   1(4) A description of the quantity of surface water that was
2purveyed by the water supplier in each of the previous five years.

3(5) A description of the quantity of groundwater that was
4purveyed by the water supplier in each of the previous five years.

5(6) A description of all proposed additional sources of water
6supplies for the water supplier, including the estimated dates by
7which these additional sources should be available and the
8quantities of additional water supplies that are being proposed.

9(7) A description of the total number of customers currently
10served by the water supplier, as identified by the following
11categories and by the amount of water served to each category:

12(A) Agricultural users.

13(B) Commercial users.

14(C) Industrial users.

15(D) Residential users.

16(8) Quantification of the expected reduction in total water
17demand, identified by each customer category set forth in paragraph
18(7), associated with future implementation of water use reduction
19measures identified in the water supplier’s urban water
20management plan.

21(9) Any additional information that is relevant to determining
22the adequacy of existing and planned future water supplies to meet
23existing and planned future demands on these water supplies.

24(d) Upon receiving, pursuant to Section 65352, notification of
25a city’s or a county’s proposed action to adopt or substantially
26amend a general plan, a groundwater sustainability agency, as
27defined in Section 10721 of the Water Code, or an entity that
28submits an alternative under Section 10733.6 shall provide the
29planning agency with the following information, as is appropriate
30and relevant:

31(1) The current version of its groundwater sustainability plan
32or alternative adopted pursuant to Part 2.74 (commencing with
33Section 10720) of Division 6 of the Water Code.

34(2) If the groundwater sustainability agency manages
35groundwater pursuant to a court order, judgment, decree, or
36agreement among affected water rights holders, or if the State
37Water Resources Control Board has adopted an interim plan
38pursuant to Chapter 11 (commencing with Section 10735) of Part
392.74 of Division 6 of the Water Code, the groundwater
40sustainability agency shall provide the planning agency with maps
P12   1of recharge basins and percolation ponds, extraction limitations,
2and other relevant information, or the court order, judgment, or
3decree.

4(3) A report on the anticipated effect of proposed action to adopt
5or substantially amend a general plan on implementation of a
6groundwater sustainability plan pursuant to Part 2.74 (commencing
7with Section 10720) of Division 6 of the Water Code.

8

SEC. 5.  

Section 348 of the Water Code is amended to read:

9

348.  

(a) The department or the board may adopt emergency
10regulations providing for the electronic filing of reports of water
11extraction or water diversion or use required to be filed with the
12department or board under this code, including, but not limited to,
13any report required to be filed under Part 5.1 (commencing with
14Section 5100) or Part 5.2 (commencing with Section 5200) of
15Division 2 and any report required to be filed by a water right
16permittee or licensee.

17(b) Emergency regulations adopted pursuant to this section, or
18any amendments thereto, shall be adopted by the department or
19the board in accordance with Chapter 3.5 (commencing with
20Section 11340) of Part 1 of Division 3 of Title 2 of the Government
21Code. The adoption of these regulations is an emergency and shall
22be considered by the Office of Administrative Law as necessary
23for the immediate preservation of the public peace, health, safety,
24and general welfare. Notwithstanding Chapter 3.5 (commencing
25with Section 11340) of Part 1 of Division 3 of Title 2 of the
26Government Code, any emergency regulations or amendments to
27those regulations adopted under this section shall remain in effect
28until revised by the department or the board that adopted the
29regulations or amendments.

30

SEC. 6.  

Section 1120 of the Water Code is amended to read:

31

1120.  

This chapter applies to any decision or order issued under
32this part or Section 275, Part 2 (commencing with Section 1200),
33Part 2 (commencing with Section 10500) of Division 6, Chapter
3411 (commencing with Section 10735) of Part 2.74 of Division 6,
35Article 7 (commencing with Section 13550) of Chapter 7 of
36Division 7, or the public trust doctrine.

37

SEC. 7.  

Section 1529.5 is added to the Water Code, to read:

38

1529.5.  

(a) The board shall adopt a schedule of fees pursuant
39to Section 1530 to recover costs incurred in administering Chapter
4011 (commencing with Section 10735) of Part 2.74 of Division 6.
P13   1Recoverable costs include, but are not limited to, costs incurred
2in connection with investigations, facilitation, monitoring, hearings,
3enforcement, and administrative costs in carrying out these actions.

4(b) The fee schedule adopted under this section may include,
5but is not limited to, the following:

6(1) A fee for participation as a petitioner or party to an
7adjudicative proceeding.

8(2) A fee for the filing of a report pursuant to Part 5.2
9(commencing with Section 5200) of Division 2.

10(c) Consistent with Section 3 of Article XIII A of the California
11Constitution, the board shall set the fees under this section in an
12amount sufficient to cover all costs incurred and expended from
13the Water Rights Fund for the purposes of Part 5.2 (commencing
14with Section 5200) and Chapter 11 (commencing with Section
1510735) of Part 2.74 of Division 6. In setting these fees, the board
16is not required to fully recover these costs in the year or the year
17immediately after the costs are incurred, but the board may provide
18for recovery of these costs over a period of years.

19

SEC. 8.  

Section 1552 of the Water Code is amended to read:

20

1552.  

The money in the Water Rights Fund is available for
21expenditure, upon appropriation by the Legislature, for the
22following purposes:

23(a) For expenditure by the State Board of Equalization in the
24administration of this chapter and the Fee Collection Procedures
25Law (Part 30 (commencing with Section 55001) of Division 2 of
26the Revenue and Taxation Code) in connection with any fee or
27expense subject to this chapter.

28(b) For the payment of refunds, pursuant to Part 30 (commencing
29with Section 55001) of Division 2 of the Revenue and Taxation
30Code, of fees or expenses collected pursuant to this chapter.

31(c) For expenditure by the board for the purposes of carrying
32out this division, Division 1 (commencing with Section 100), Part
332 (commencing with Section 10500) and Chapter 11 (commencing
34with Section 10735) of Part 2.74 of Division 6, and Article 7
35(commencing with Section 13550) of Chapter 7 of Division 7.

36(d) For expenditures by the board for the purposes of carrying
37out Sections 13160 and 13160.1 in connection with activities
38involving hydroelectric power projects subject to licensing by the
39Federal Energy Regulatory Commission.

P14   1(e) For expenditures by the board for the purposes of carrying
2out Sections 13140 and 13170 in connection with plans and policies
3that address the diversion or use of water.

4

SEC. 9.  

Section 1831 of the Water Code is amended to read:

5

1831.  

(a) When the board determines that any person is
6violating, or threatening to violate, any requirement described in
7subdivision (d), the board may issue an order to that person to
8cease and desist from that violation.

9(b) The cease and desist order shall require that person to comply
10forthwith or in accordance with a time schedule set by the board.

11(c) The board may issue a cease and desist order only after
12notice and an opportunity for hearing pursuant to Section 1834.

13(d) The board may issue a cease and desist order in response to
14a violation or threatened violation of any of the following:

15(1) The prohibition set forth in Section 1052 against the
16unauthorized diversion or use of water subject to this division.

17(2) Any term or condition of a permit, license, certification, or
18registration issued under this division.

19(3) Any decision or order of the board issued under this part,
20Section 275, Chapter 11 (commencing with Section 10735) of Part
212.74 of Division 6, or Article 7 (commencing with Section 13550)
22of Chapter 7 of Division 7, in which decision or order the person
23to whom the cease and desist order will be issued, or a predecessor
24in interest to that person, was named as a party directly affected
25by the decision or order.

26(4) A regulation adopted under Section 1058.5.

27(5) Any extraction restriction, limitation, order, or regulation
28adopted or issued under Chapter 11 (commencing with Section
2910735) of Part 2.74 of Division 6.

30(e) This article does not authorize the board to regulate in any
31manner, the diversion or use of water not otherwise subject to
32regulation of the board under thisbegin delete division or Section 275.end deletebegin insert part.end insert

33

SEC. 10.  

Part 5.2 (commencing with Section 5200) is added
34to Division 2 of the Water Code, to read:

 

P15   1PART 5.2.  Groundwater Extraction Reporting
2for Probationary Basins and Basins Without a
3Groundwater Sustainability Agency

4

 

5

5200.  

The Legislature finds and declares that this part
6establishes groundwater reporting requirements for the purposes
7of subdivision (b) of Section 10724 and Chapter 11 (commencing
8with Section 10735) of Part 2.74 of Division 6.

9

5201.  

As used in this part:

10(a) “Basin” has the same meaning as defined in Section 10721.

11(b) “Board-designated local area” has the same meaning as
12defined in Section 5009.

13(c) “De minimis extractor” has the same meaning as defined in
14Section 10721.

15(d) “Groundwater” has the same meaning as defined in Section
1610721.

17(e) “Groundwater extraction facility” has the same meaning as
18defined in Section 10721.

19(f) “Groundwater sustainability agency” has the same meaning
20as defined in Section 10721.

21(g) “Person” has the same meaning as defined in Section 10735.

22(h) “Personal information” has the same meaning as defined in
23Section 1798.3 of the Civil Code.

24(i) “Probationary basin” has the same meaning as defined in
25Section 10735.

26(j) “Water year” has the same meaning as defined in Section
2710721.

28

5202.  

(a) This section applies to a person who does either of
29the following:

30(1) Extracts groundwater from a probationary basin 90 days or
31more after the board designates the basin as a probationary basin
32pursuant to Section 10735.2.

33(2) Extracts groundwater on or afterbegin delete Januaryend deletebegin insert Julyend insert 1, 2017, in
34an area within a basin that is not within the management area of
35a groundwater sustainability agency and where the county does
36not assume responsibility to be the groundwater sustainability
37agency, as provided in subdivision (b) of Section 10724.

38(b) Except as provided in subdivision (c), a person subject to
39this section shall file a report of groundwater extraction by
P16   1December 15 of each year for extractions made in the preceding
2water year.

3(c) Unless reporting is required pursuant to paragraph (2) of
4subdivision (c) of Section 10735.2, this section does not apply to
5any of the following:

6(1) An extraction by a de minimis extractor.

7(2) An extraction excluded from reporting pursuant to paragraph
8(1) of subdivision (c) of Section 10735.2.

9(3) An extraction reported pursuant to Part 5 (commencing with
10Section 4999).

11(4) An extraction that is included in annual reports filed with a
12court or the board by a watermaster appointed by a court or
13pursuant to statute to administer a final judgment determining
14rights to water. The reports shall identify the persons who have
15extracted water and give the general place of use and the quantity
16of water that has been extracted from each source.

17(d) Except as provided in Section 5209, the report shall be filed
18with the board.

19(e) The report may be filed by the person extracting water or
20on that person’s behalf by an agency that person designates and
21that maintains a record of the water extracted.

22(f) Each report shall be accompanied by the fee imposed
23pursuant to Section 1529.5.

24

5203.  

Each report shall be prepared on a form provided by the
25board. The report shall include all of the following information:

26(a) The name and address of the person who extracted
27groundwater and of the person filing the report.

28(b) The name of the basin from which groundwater was
29extracted.

30(c) The place of groundwater extraction. The location of the
31groundwater extraction facilities shall be depicted on a specific
32United States Geological Survey topographic map or shall be
33identified using the California Coordinate System or a latitude and
34longitude measurement. If assigned, the public land description to
35the nearest 40-acre subdivision and the assessor’s parcel number
36shall be provided.

37(d) The capacity of the groundwater extraction facilities.

38(e) Monthly records of groundwater extractions. The
39measurements of the extractions shall be made by a methodology,
P17   1water-measuring device, or combination thereof satisfactory to the
2board.

3(f) The purpose of use.

4(g) A general description of the area in which the water was
5used. The location of the place of use shall be depicted on a specific
6United States Geological Survey topographic map or on any other
7maps with identifiable landmarks. If assigned, the public land
8description to the nearest 40-acre subdivision and the assessor’s
9parcel number shall also be provided.

10(h) As near as is known, the year in which the groundwater
11extraction was commenced.

12(i) Any information required pursuant to paragraph (3) of
13subdivision (c) of Section 10735.2.

14(j) Any other information that the board may require by
15regulation and that is reasonably necessary for purposes of this
16division or Part 2.74 (commencing with Section 10720) of Division
176.

18

5204.  

(a) If a person fails to file a report as required by this
19part, the board may, at the expense of that person, investigate and
20determine the information required to be reported pursuant to this
21part.

22(b) The board shall give a person described in subdivision (a)
23notice of its intention to investigate and determine the information
24required to be reported pursuant to this part and 60 days in which
25to file a required report without penalty.

26

5205.  

A report submitted under this part or a determination of
27facts by the board pursuant to Section 5104 shall not establish or
28constitute evidence of a right to divert or use water.

29

5206.  

Personal information included in a report of groundwater
30extraction shall have the same protection from disclosure as is
31provided for information concerning utility customers of local
32agencies pursuant to Section 6254.16 of the Government Code.

33

5207.  

A right to extract groundwater that may otherwise occur
34shall not arise or accrue to, and a statute of limitations shall not
35operate in favor of, a person required to file a report pursuant to
36this part until the person files the report.

37

5208.  

Section 5107 applies to a report or measuring device
38required pursuant to this part. For purposes of Section 5107, a
39report of groundwater extraction, measuring device, or
40misstatement required, used, or made pursuant to this part shall
P18   1be considered the equivalent of a statement, measuring device, or
2misstatement required, used, or made pursuant to Part 5.1
3(commencing with Section 5100).

4

5209.  

For groundwater extractions in a board-designated local
5area, reports required pursuant to this part shall be submitted to
6the entity designated pursuant to subdivision (e) of Section 5009
7if both of the following occur:

8(a) The board determines that the requirements of subdivision
9(e) of Section 5009 have been satisfied with respect to extractions
10subject to reporting pursuant to this part, in addition to any
11groundwater extractions subject to Part 5 (commencing with
12Section 4999).

13(b) The designated entity has made satisfactory arrangements
14to collect and transmit to the board any fees imposed pursuant to
15paragraph (2) of subdivision (b) of Section 1529.5.

16begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 10721 of the end insertbegin insertWater Codeend insertbegin insert, as added by Senate
17Bill 1168 of the 2013end insert
begin insert-14 Regular Session, is amended to read:end insert

18

10721.  

Unless the context otherwise requires, the following
19definitions govern the construction of this part:

20(a) “Adjudication action” means an action filed in the superior
21or federal district court to determine the rights to extract
22groundwater from a basin or store water within a basin, including,
23but not limited to, actions to quiet title respecting rights to extract
24or store groundwater or an action brought to impose a physical
25solution on a basin.

26(b) “Basin” means a groundwater basin or subbasin identified
27and defined in Bulletin 118 or as modified pursuant to Chapter 3
28(commencing with Section 10722).

29(c) “Bulletin 118” means the department’s report entitled
30“California’s Groundwater: Bulletin 118” updated in 2003, as it
31may be subsequently updated or revised in accordance with Section
3212924.

33(d) “Coordination agreement” means a legal agreement adopted
34between two or more groundwater sustainability agencies that
35provides the basis for coordinating multiple agencies or
36groundwater sustainability plans within a basin pursuant to this
37part.

38(e) “De minimis extractor” means a person who extracts, for
39domestic purposes, two acre-feet or less per year.

P19   1(f) “Governing body” means the legislative body of a
2groundwater sustainability agency.

3(g) “Groundwater” means water beneath the surface of the earth
4within the zone below the water table in which the soil is
5completely saturated with water, but does not include water that
6flows in known and definite channels.

7(h) “Groundwater extraction facility” means a device or method
8for extracting groundwater from within a basin.

9(i) “Groundwater recharge” means the augmentation of
10groundwater, by natural or artificial means.

11(j) “Groundwater sustainability agency” means one or more
12local agencies that implement the provisions of this part. For
13purposes of imposing fees pursuant to Chapter 8 (commencing
14with Section 10730) or taking action to enforce a groundwater
15sustainability plan, “groundwater sustainability agency” also means
16each local agency comprising the groundwater sustainability
17agency if the plan authorizes separate agency action.

18(k) “Groundwater sustainability plan” or “plan” means a plan
19of a groundwater sustainability agency proposed or adopted
20pursuant to this part.

21(l) “Groundwater sustainability program” means a coordinated
22and ongoing activity undertaken to benefit a basin, pursuant to a
23groundwater sustainability plan.

24(m) “Local agency” means a local public agency that has water
25supply, water management, or land use responsibilities within a
26groundwater basin.

27(n) “Operator” means a person operating a groundwater
28extraction facility. The owner of a groundwater extraction facility
29shall be conclusively presumed to be the operator unless a
30satisfactory showing is made to the governing body of the
31groundwater sustainability agency that the groundwater extraction
32facility actually is operated by some other person.

33(o) “Owner” means a person owning a groundwater extraction
34facility or an interest in a groundwater extraction facility other
35than a lien to secure the payment of a debt or other obligation.

36(p) “Personal information” has the same meaning as defined in
37Section 1798.3 of the Civil Code.

38(q) “Planning and implementation horizon” means a 50-year
39time period over which a groundwater sustainability agency
P20   1determines that plans and measures will be implemented in a basin
2to ensure that the basin is operated within its sustainable yield.

3(r) “Public water system” has the same meaning as defined in
4Section 116275 of the Health and Safety Code.

5(s) “Recharge area” means the area that supplies water to an
6aquifer in a groundwater basin.

7(t) “Sustainability goal” means the existence and implementation
8of one or more groundwater sustainability plans that achieve
9sustainable groundwater management by identifying and causing
10the implementation of measures targeted to ensure that the
11applicable basin is operated within its sustainable yield.

12(u) “Sustainable groundwater management” means the
13management and use of groundwater in a manner that can be
14maintained during the planning and implementation horizon
15without causing undesirable results.

16(v) “Sustainable yield” means the maximum quantity of water,
17calculated over a base period representative of long-term conditions
18in the basin and including any temporary surplus, that can be
19withdrawn annually from a groundwater supply without causing
20an undesirable result.

21(w) “Undesirable result” means one or more of the following
22effects caused by groundwater conditions occurring throughout
23the basin:

24(1) Chronic lowering of groundwater levels indicating a
25significant and unreasonable depletion of supply if continued over
26the planning and implementation horizon. Overdraft during a period
27of drought is not sufficient to establish a chronic lowering of
28groundwater levels if extractions and recharge are managed as
29necessary to ensure that reductions in groundwater levels or storage
30during a period of drought are offset by increases in groundwater
31levels or storage during other periods.

32(2) Significant and unreasonable reduction of groundwater
33 storage.

34(3) Significant and unreasonable seawater intrusion.

35(4) Significant and unreasonable degraded water quality,
36including the migration of contaminant plumes that impair water
37supplies.

38(5) Significant and unreasonable land subsidence that
39substantially interferes with surface land uses.

P21   1(6) begin deleteSurface water depletions end deletebegin insertDepletions of interconnected
2surface water end insert
that have significant and unreasonable adverse
3impacts on beneficial uses of the surface water.

4(x) “Water budget” means an accounting of the total
5groundwater and surface water entering and leaving a basin
6including the changes in the amount of water stored.

7(y) “Watermaster” means a watermaster appointed by a court
8or pursuant to other law.

9(z) “Water year” means the period from October 1 through the
10following September 30, inclusive.

11(aa) “Wellhead protection area” means the surface and
12subsurface area surrounding a water well or well field that supplies
13a public water system through which contaminants are reasonably
14likely to migrate toward the water well or well field.

15begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 10726.4 of the end insertbegin insertWater Codeend insertbegin insert, as added by
16Senate Bill 1168 of the 2013end insert
begin insert-14 Regular Session, is amended to
17read:end insert

18

10726.4.  

(a) A groundwater sustainability agency shall have
19the following additional authority and may regulate groundwater
20extraction using that authority:

21(1) To impose spacing requirements on new groundwater well
22construction to minimize well interference and impose reasonable
23operating regulations on existing groundwater wells to minimize
24well interference, including requiring extractors to operate on a
25rotation basis.

26(2) To control groundwater extractions by regulating, limiting,
27or suspending extractions from individual groundwater wells or
28extractions from groundwater wells in the aggregate, construction
29of new groundwater wells, enlargement of existing groundwater
30wells, or reactivation of abandoned groundwater wells, or otherwise
31establishing groundwater extraction allocations.begin insert Those actions
32shall be consistent with the applicable elements of the city or
33county general plan, unless there is insufficient sustainable yield
34in the basin to serve a land use designated in the city or county
35general plan.end insert
A limitation on extractions by a groundwater
36sustainability agency shall not be construed to be a final
37determination of rights to extract groundwater from the basin or
38any portion of the basin.

39(3) To authorize temporary and permanent transfers of
40groundwater extraction allocations within the agency’s boundaries,
P22   1if the total quantity of groundwater extracted in any water year is
2consistent with the provisions of the groundwater sustainability
3plan. The transfer is subject to applicable city and county
4ordinances.

5(4) To establish accounting rules to allow unused groundwater
6extraction allocations issued by the agency to be carried over from
7one year to another and voluntarily transferred, if the total quantity
8of groundwater extracted in any five-year period is consistent with
9the provisions of the groundwater sustainability plan.

10(b) This section does not authorize a groundwater sustainability
11agency to issue permits for the construction, modification, or
12abandonment of groundwater wells, except as authorized by a
13county with authority to issue those permits. A groundwater
14sustainability agency may request of the county, and the county
15shall consider, that the county forward permit requests for the
16construction of new groundwater wells, the enlarging of existing
17groundwater wells, and the reactivation of abandoned groundwater
18wells to the groundwater sustainability agency before permit
19approval.

20begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 10726.8 of the end insertbegin insertWater Codeend insertbegin insert, as added by
21Senate Bill 1168 of the 2013end insert
begin insert-14 Regular Session, is amended to
22read:end insert

23

10726.8.  

(a) This part is in addition to, and not a limitation
24on, the authority granted to a local agency under any other law.
25The local agency may use the local agency’s authority under any
26other law to apply and enforce any requirements of this part,
27including, but not limited to, the collection of fees.

28(b) Nothing in this part shall be construed as authorizing a local
29agency to make a binding determination of the water rights of any
30person or entity.

31(c) Nothing in this part is a limitation on the authority of the
32board, the department, or the State Department of Public Health.

33(d) Notwithstanding Section 6103 of the Government Code, a
34state or local agency that extracts groundwater shall be subject to
35a fee imposed under this part to the same extent as any
36nongovernmental entity.

37(e) Except as provided in subdivision (d), this part does not
38authorize a local agency to impose any requirement on the state
39or any agency, department, or officer of the state. State agencies
P23   1and departments shall work cooperatively with a local agency on
2a voluntary basis.

3(f) Nothing inbegin insert this chapter orend insert a groundwater sustainability plan
4shall be interpreted as superseding the land use authority of cities
5andbegin delete counties.end deletebegin insert counties, including the city or county general plan,
6within the overlying basin.end insert

7begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 10726.9 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert

begin insert
8

begin insert10726.9.end insert  

A groundwater sustainability plan shall take into
9account the most recent planning assumptions stated in local
10general plans of jurisdictions overlying the basin.

end insert
11

begin deleteSEC. 11.end delete
12begin insertSEC. 15.end insert  

Chapter 7 (commencing with Section 10729) is added
13to Part 2.74 of Division 6 of the Water Code, to read:

14 

15Chapter  7. Technical Assistance
16

 

17

10729.  

(a) The department or a groundwater sustainability
18agency may provide technical assistance to entities that extract or
19use groundwater to promote water conservation and protect
20groundwater resources.

21(b) The department may provide technical assistance to any
22groundwater sustainability agency in response to that agency’s
23request for assistance in the development and implementation of
24a groundwater sustainability plan. The department shall use its
25best efforts to provide the requested assistance.

begin insert

26(c) The department shall prepare and publish a report by
27December 31, 2016, on its Internet Web site that presents the
28department’s best estimate, based on available information, of
29water available for replenishment of groundwater in the state.

end insert
begin delete

25 30(c)

end delete

31begin insert(d)end insert (1) By January 1, 2017, the department shall publish on its
32Internet Web site best management practices for the sustainable
33management of groundwater.

34(2) The department shall develop the best management practices
35through a public process involving one public meeting conducted
36at a location in northern California, one public meeting conducted
37at a location in the San Joaquin Valley, one public meeting
38conducted at a location in southern California, and one public
39meeting of the California Water Commission.

P24   1

begin deleteSEC. 12.end delete
2begin insertSEC. 16.end insert  

Chapter 8 (commencing with Section 10730) is added
3to Part 2.74 of Division 6 of the Water Code, to read:

4 

5Chapter  8. Financial Authority
6

 

7

10730.  

(a) A groundwater sustainability agency may impose
8fees, including, but not limited to, permit fees and fees on
9groundwater extraction or other regulated activity, to fund the costs
10of a groundwater sustainability program, including, but not limited
11to, preparation, adoption, and amendment of a groundwater
12sustainability plan, and investigations, inspections, compliance
13assistance, enforcement, and program administration, including a
14prudent reserve. A groundwater sustainability agency shall not
15impose a fee pursuant to this subdivision on a de minimis extractor
16unless the agency has regulated the users pursuant to this part.

17(b) (1) Prior to imposing or increasing a fee, a groundwater
18sustainability agency shall hold at least one public meeting, at
19which oral or written presentations may be made as part of the
20meeting.

21(2) Notice of the time and place of the meeting shall include a
22general explanation of the matter to be considered and a statement
23that the data required by this section is available. The notice shall
24be provided by publication pursuant to Section 6066 of the
25Government Code, by posting notice on the Internet Web site of
26the groundwater sustainability agency, and by mail to any interested
27party who files a written request with the agency for mailed notice
28of the meeting on new or increased fees. A written request for
29mailed notices shall be valid for one year from the date that the
30request is made and may be renewed by making a written request
31on or before April 1 of each year.

32(3) At least 10 days prior to the meeting, the groundwater
33sustainability agency shall make available to the public data upon
34which the proposed fee is based.

35(c) Any action by a groundwater sustainability agency to impose
36or increase a fee shall be taken only by ordinance or resolution.

37(d) (1) As an alternative method for the collection of fees
38imposed pursuant to this section, a groundwater sustainability
39agency may adopt a resolution requesting collection of the fees in
40the same manner as ordinary municipal ad valorem taxes.

P25   1(2) A resolution described in paragraph (1) shall be adopted and
2furnished to the county auditor-controller and board of supervisors
3on or before August 1 of each year that the alternative collection
4of the fees is being requested. The resolution shall include a list
5of parcels and the amount to be collected for each parcel.

6(e) The power granted by this section is in addition to any
7powers a groundwater sustainability agency has under any other
8law.

9

10730.2.  

(a) A groundwater sustainability agency that adopts
10a groundwater sustainability plan pursuant to this part may impose
11fees on the extraction of groundwater from the basin to fund costs
12of groundwater management, including, but not limited to, the
13costs of the following:

14(1) Administration, operation, and maintenance, including a
15prudent reserve.

16(2) Acquisition of lands or other property, facilities, and services.

17(3) Supply, production, treatment, or distribution of water.

18(4) Other activities necessary or convenient to implement the
19plan.

20(b)  Until a groundwater sustainability plan is adopted pursuant
21to this part, a local agency may impose fees in accordance with
22the procedures provided in this section for the purposes of Part
232.75 (commencing with Section 10750) as long as a groundwater
24management plan adopted before January 1, 2015, is in effect for
25the basin.

26(c) Fees imposed pursuant to this section shall be adopted in
27accordance with subdivisions (a) and (b) of Section 6 of Article
28XIII D of the California Constitution.

29(d) Fees imposed pursuant to this section may include fixed fees
30and fees charged on a volumetric basis, including, but not limited
31to, fees that increase based on the quantity of groundwater produced
32annually, the year in which the production of groundwater
33commenced from a groundwater extraction facility, and impacts
34to the basin.

35(e) The power granted by this section is in addition to any
36powers a groundwater sustainability agency has under any other
37law.

38

10730.4.  

A groundwater sustainability agency may fund
39activities pursuant to Part 2.75 (commencing with Section 10750)
40and may impose fees pursuant to Section 10730.2 to fund activities
P26   1undertaken by the agency pursuant to Part 2.75 (commencing with
2Section 10750).

3

10730.6.  

(a) A groundwater fee levied pursuant to this chapter
4shall be due and payable to the groundwater sustainability agency
5by each owner or operator on a day established by the groundwater
6sustainability agency.

7(b) If an owner or operator knowingly fails to pay a groundwater
8fee within 30 days of it becoming due, the owner or operator shall
9be liable to the groundwater sustainability agency for interest at
10the rate of 1 percent per month on the delinquent amount of the
11groundwater fee and a 10-percent penalty.

12(c) The groundwater sustainability agency may bring a suit in
13the court having jurisdiction against any owner or operator of a
14groundwater extraction facility within the area covered by the plan
15for the collection of any delinquent groundwater fees, interest, or
16penalties imposed under this chapter. If the groundwater
17sustainability agency seeks an attachment against the property of
18any named defendant in the suit, the groundwater sustainability
19agency shall not be required to furnish a bond or other undertaking
20as provided in Title 6.5 (commencing with Section 481.010) of
21Part 2 of the Code of Civil Procedure.

22(d) In the alternative to bringing a suit pursuant to subdivision
23(c), a groundwater sustainability agency may collect any delinquent
24groundwater charge and any civil penalties and interest on the
25delinquent groundwater charge pursuant to the laws applicable to
26the local agency or, if a joint powers authority, to the entity
27designated pursuant to Section 6509 of the Government Code. The
28collection shall be in the same manner as it would be applicable
29to the collection of delinquent assessments, water charges, or tolls.

30(e) As an additional remedy, a groundwater sustainability
31agency, after a public hearing, may order an owner or operator to
32cease extraction of groundwater until all delinquent fees are paid.
33The groundwater sustainability agency shall give notice to the
34owner or operator by certified mail not less than 15 days in advance
35of the public hearing.

36(f) The remedies specified in this section for collecting and
37enforcing fees are cumulative and may be pursued alternatively
38or may be used consecutively as determined by the governing
39body.

P27   1

10730.8.  

(a) Nothing in this chapter shall affect or interfere
2with the authority of a groundwater sustainability agency to levy
3and collect taxes, assessments, charges, and tolls as otherwise
4provided by law.

5(b) begin deletePersons subject to payment of feesend deletebegin insert Personal information
6included in a report or recordend insert
pursuant to this chapterbegin delete haveend deletebegin insert hasend insert
7 the same protection from disclosure as is provided for information
8concerning utility customers of local agencies pursuant to Section
96254.16 of the Government Code.

10

10731.  

(a)  Following an investigation pursuant to Section
1110725.4, the governing body may make a determination fixing the
12amount of groundwater production from the groundwater extraction
13facility at an amount not to exceed the maximum production
14capacity of the facility for purposes of levying a groundwater
15charge. If a water-measuring device is permanently attached to the
16groundwater extraction facility, the record of production as
17disclosed by the water-measuring device shall be presumed to be
18accurate unless the contrary is established by the groundwater
19sustainability agency after investigation.

20(b) After the governing body makes a determination fixing the
21amount of groundwater production pursuant to subdivision (a), a
22written notice of the determination shall be mailed to the owner
23or operator of the groundwater extraction facility at the address as
24shown by the groundwater sustainability agency’s records. A
25determination made by the governing body shall be conclusive on
26the owner or operator and the groundwater charges, based on the
27determination together with any interest and penalties, shall be
28payable immediately unless within 20 days after the mailing of
29the notice the owner or operator files with the governing body a
30written protest setting forth the ground for protesting the amount
31of production or the groundwater charges, interest, and penalties.
32If a protest is filed pursuant to this subdivision, the governing body
33shall hold a hearing to determine the total amount of the
34groundwater production and the groundwater charges, interest,
35and penalties. Notice of the hearing shall be mailed to each
36protestant at least 20 days before the date fixed for the hearing.
37Notice of the determination of the governing body hearing shall
38be mailed to each protestant. The owner or operator shall have 20
39days from the date of mailing of the determination to pay the
P28   1groundwater charges, interest, and penalties determined by the
2governing body.

3

begin deleteSEC. 13.end delete
4begin insertSEC. 17.end insert  

Chapter 9 (commencing with Section 10732) is added
5to Part 2.74 of Division 6 of the Water Code, to read:

6 

7Chapter  9. Groundwater Sustainability Agency
8Enforcement Powers
9

 

10

10732.  

(a) (1) A person who extracts groundwater in excess
11of the amount that person is authorized to extract under a rule,
12regulation, ordinance, or resolution adopted pursuant to Section
1310725.2, shall be subject to a civil penalty not to exceed five
14hundred dollars ($500) per acre-foot extracted in excess of the
15amount that person is authorized to extract. Liability under this
16subdivision is in addition to any liability imposed under paragraph
17(2) and any fee imposed for the extraction.

18(2) A person who violates any rule, regulation, ordinance, or
19resolution adopted pursuant to Section 10725.2 shall be liable for
20a civil penalty not to exceed one thousand dollars ($1,000) plus
21one hundred dollars ($100) for each additional day on which the
22violation continues if the person fails to comply within 30 days
23after the local agency has notified the person of the violation.

24(b) (1) A groundwater sustainability agency may bring an action
25in the superior court to determine whether a violation occurred
26and to impose a civil penalty described in subdivision (a).

27(2) A groundwater sustainability agency may administratively
28impose a civil penalty described in subdivision (a) after providing
29notice and an opportunity for a hearing.

30 (3) In determining the amount of the penalty, the superior court
31or the groundwater sustainability agency shall take into
32consideration all relevant circumstances, including, but not limited
33to, the nature and persistence of the violation, the extent of the
34harm caused by the violation, the length of time over which the
35violation occurs, and any corrective action taken by the violator.

36(c) A penalty imposed pursuant to this section shall be paid to
37the groundwater sustainability agency and shall be expended solely
38for purposes of this part.

39(d) Penalties imposed pursuant to this section are in addition to
40any civil penalty or criminal fine under any other law.

P29   1

begin deleteSEC. 14.end delete
2begin insertSEC. 18.end insert  

Chapter 10 (commencing with Section 10733) is
3added to Part 2.74 of Division 6 of the Water Code, to read:

4 

5Chapter  10. State Evaluation and Assessment
6

 

7

10733.  

(a) The department shall periodically review the
8groundwater sustainability plans developed by groundwater
9sustainability agencies pursuant to this part to evaluate whether a
10plan conforms with Sections 10727.2 and 10727.4 and is likely to
11achieve the sustainability goal for the basin covered by the
12groundwater sustainability plan.

13(b) If a groundwater sustainability agency develops multiple
14groundwater sustainability plans for a basin, the department shall
15evaluate whether the plans conform with Sections 10727.2,
1610727.4, and 10727.6 and are together likely to achieve the
17sustainability goal for the basin covered by the groundwater
18sustainability plans.

19(c) The department shall evaluate whether a groundwater
20sustainability plan adversely affects the ability of an adjacent basin
21to implement their groundwater sustainability plan or impedes
22achievement of sustainability goals in an adjacent basin.

23

10733.2.  

(a) (1) By June 1, 2016, the department shallbegin delete develop
24guidelinesend delete
begin insert adopt regulationsend insert for evaluating groundwater
25sustainability plans, the implementation of groundwater
26sustainability plans, and coordination agreements pursuant to this
27chapter.

28(2) Thebegin delete guidelinesend deletebegin insert regulationsend insert shall identify the necessary plan
29 components specified in Sections 10727.2, 10727.4, and 10727.6
30and other information that will assist local agencies in developing
31and implementing groundwater sustainability plans and
32coordination agreements.

33(b) begin insert(1)end insertbegin insertend insert The department may update thebegin delete guidelines,end deletebegin insert regulations,end insert
34 including to incorporate the best management practices identified
35pursuant to Section 10729.

begin insert

36(2) The regulations adopted pursuant to paragraph (1) of
37subdivision (a) shall identify appropriate methodologies and
38assumptions for baseline conditions concerning hydrology, water
39demand, regulatory restrictions that affect the availability of
40surface water, and unreliability of, or reductions in, surface water
P30   1deliveries to the agency or water users in the basin, and the impact
2of those conditions on achieving sustainability. The baseline for
3measuring unreliability and reductions shall include the historic
4average reliability and deliveries of surface water to the agency
5or water users in the basin.

end insert

6(c) By June 1, 2016, the department shallbegin delete develop guidelinesend delete
7begin insert adopt regulationsend insert for evaluating alternatives submitted pursuant
8to Section 10733.6.

begin delete

9(d) The guidelines required pursuant to this section are exempt
10from Chapter 3.5 (commencing with Section 11340) of Part 1 of
11Division 3 of Title 2 of the Government Code. The establishment
12of guidelines pursuant to this section shall instead be accomplished
13by means of a public process that gives interested persons an
14 opportunity to be heard.

end delete
begin insert

15(d) The department shall adopt the regulations, including any
16amendments thereto, authorized by this section as emergency
17regulations in accordance with the Administrative Procedure Act
18(Chapter 3.5 (commencing with Section 11340) of Part 1 of
19Division 3 of Title 2 of the Government Code). The adoption of
20these regulations is an emergency and shall be considered by the
21Office of Administrative Law as necessary for the immediate
22preservation of the public peace, health and safety, or general
23welfare. Notwithstanding the Administrative Procedure Act,
24emergency regulations adopted by the department pursuant to this
25section shall not be subject to review by the Office of
26Administrative Law and shall remain in effect until revised by the
27department.

end insert

28(e) Before adopting and finalizing thebegin delete guidelines,end deletebegin insert regulations,end insert
29 the department shall conduct three public meetings to consider
30public comments. The department shall publish the draftbegin delete guidelinesend delete
31begin insert regulationsend insert on its Internet Web site at least 30 days before the
32public meetings. One meeting shall be conducted at a location in
33northern California, one meeting shall be conducted at a location
34in the central valley of California, and one meeting shall be
35conducted at a location in southern California.begin delete Upon adoption, the
36department shall publish the guidelines on its Internet Web site.end delete

37

10733.3.  

The department shall post all notices it receives
38pursuant to Section 10723 or 10723.8 on its Internet Web site
39within 15 days of receipt.

P31   1

10733.4.  

(a) Upon adoption of a groundwater sustainability
2plan, a groundwater sustainability agency shall submit the
3groundwater sustainability plan to the department for review
4pursuant to this chapter.

5(b) If groundwater sustainability agencies develop multiple
6groundwater sustainability plans for a basin, the submission
7required by subdivision (a) shall not occur until the entire basin is
8covered by groundwater sustainability plans. When the entire basin
9is covered by groundwater sustainability plans, the groundwater
10sustainability agencies shall jointly submit to the department all
11of the following:

12(1) The groundwater sustainability plans.

13(2) An explanation of how the groundwater sustainability plans
14implemented together satisfy Sections 10727.2, 10727.4, and
1510727.6 for the entire basin.

16(3) A copy of the coordination agreement between the
17groundwater sustainability agencies to ensure the coordinated
18implementation of the groundwater sustainability plans for the
19entire basin.

20(c) Upon receipt of a groundwater sustainability plan, the
21department shall post the plan on the department’s Internet Web
22site and provide 60 days for persons to submit comments to the
23department about the plan.

24(d) The department shall evaluate the groundwater sustainability
25plan within two years of its submission by a groundwater
26sustainability agency and issue an assessment of the plan. The
27assessment may include recommended corrective actions to address
28any deficiencies identified by the department.

29

10733.6.  

(a) If a local agency believes that an alternative
30described in subdivision (b) satisfies the objectives of this part,
31the local agency may submit the alternative to the department for
32evaluation and assessment of whether the alternative satisfies the
33objectives of this part for the basin.

34(b) An alternative is any of the following:

35(1) A plan developed pursuant to Part 2.75 (commencing with
36Section 10750) or other law authorizing groundwater management.

37(2) Management pursuant to an adjudication action.

38(3) An analysis of basin conditions that demonstrates that the
39basin has operated within its sustainable yield over a period of at
40least 10 years. The submission of an alternative described by this
P32   1paragraph shall include a report prepared by a registered
2professional engineer or geologist who is licensed by the state and
3submitted under that engineer’s or geologist’s seal.

4(c) A local agency shall submit an alternative pursuant to this
5section no later than January 1, 2017, and every five years
6thereafter.

7(d) The assessment required by subdivision (a) shall include an
8assessment of whether the alternative is within a basin that is in
9compliance with Part 2.11 (commencing with Section 10920). If
10the alternative is within a basin that is not in compliance with Part
112.11 (commencing with Section 10920), the department shall find
12the alternative does not satisfy the objectives of this part.

13

10733.8.  

At least every five years after initial submission of a
14plan pursuant to Section 10733.4, the department shall review any
15available groundwater sustainability plan or alternative submitted
16in accordance with Section 10733.6, and the implementation of
17the corresponding groundwater sustainability program for
18consistency with this part, including achieving the sustainability
19goal. The department shall issue an assessment for each basin for
20which a plan or alternative has been submitted in accordance with
21this chapter, with an emphasis on assessing progress in achieving
22the sustainability goal within the basin. The assessment may
23include recommended corrective actions to address any deficiencies
24identified by the department.

begin delete
25

10734.  

(a) Consistent with Section 3 of Article XIII A of the
26California Constitution, the department may assess an
27administrative charge on groundwater sustainability agencies for
28any of the following:

29(1) The cost to the department for evaluating and assessing a
30groundwater sustainability plan pursuant to this part.

31(2) The cost to the department for evaluating and assessing an
32alternative submitted pursuant to Section 10733.6.

33(b) For the purposes of any evaluation, assessment, or
34determination of a groundwater sustainability plan or alternative
35made by the department pursuant to this chapter or Chapter 11
36(commencing with Section 10735), the groundwater sustainability
37plan or alternative shall not be determined to be adequate by the
38department until the administration charge is received.

P33   1(c) The department may assess an administrative charge to the
2board for the department’s cost of any additional assessment
3requested by the board pursuant to Section 10735.2.

4(d) A charge levied by the department pursuant to this section
5shall be reasonably related to the costs of providing the services
6described in this part.

7(e) A charge collected by the department pursuant to this section
8shall be deposited in the Groundwater Sustainability Plan
9Administration Fund, which is hereby established in the State
10Treasury. Moneys in the fund shall be available to the department,
11upon appropriation by the Legislature, for support of the
12department in receiving, evaluating, assessing, and making
13determinations about adequacy of the groundwater sustainability
14plan or the alternative.

end delete
15

begin deleteSEC. 15.end delete
16begin insertSEC. 19.end insert  

Chapter 11 (commencing with Section 10735) is
17added to Part 2.74 of Division 6 of the Water Code, to read:

18 

19Chapter  11. State Intervention
20

 

21

10735.  

As used in this chapter, the following terms have the
22following meanings:

23(a) “Condition of long-term overdraft” means the condition of
24a groundwater basin where the average annual amount of water
25extracted for a long-term period, generally 10 years or more,
26exceeds the long-term average annual supply of water to the basin,
27plus any temporary surplus. Overdraft during a period of drought
28is not sufficient to establish a condition of long-term overdraft if
29extractions and recharge are managed as necessary to ensure that
30reductions in groundwater levels or storage during a period of
31drought are offset by increases in groundwater levels or storage
32during other periods.

33(b) “Person” means any person, firm, association, organization,
34partnership, business, trust, corporation, limited liability company,
35or public agency, including any city, county, city and county,
36district, joint powers authority, state, or any agency or department
37of those entities. “Person” includes, to the extent authorized by
38federal or tribal law and subject to the limitations described in
39subdivisions (c) and (d) of Section 10720.3, the United States, a
40department, agency or instrumentality of the federal government,
P34   1an Indian tribe, an authorized Indian tribal organization, or
2interstate body.

3(c) “Probationary basin” means a basin for which the board has
4issued a determination under Section 10735.2.

5(d) “Significant depletions of interconnected surface waters”
6means reductions in flow or levels of surface water that is
7hydrologically connected to the basin such that the reduced surface
8water flow or levels have a significant and unreasonablebegin insert adverseend insert
9 impact on beneficial uses of the surface water.

10

10735.2.  

(a) The board, after notice and a public hearing, may
11designate a basin as a probationary basin, if the board finds one
12or more of the following applies to the basin:

13(1) Afterbegin delete January 1,end deletebegin insert June 30,end insert 2017, none of the following have
14occurred:

15(A)  A local agency has elected to be a groundwater
16sustainability agency that intends to develop a groundwater
17sustainability plan for the entire basin.

18(B)  A collection of local agencies has formed a groundwater
19sustainability agency or prepared agreements to develop one or
20more groundwater sustainability plans that will collectively serve
21as a groundwater sustainability plan for the entire basin.

22(C)  A local agency has submitted an alternative that has been
23approved or is pending approval pursuant to Section 10733.6. If
24the department disapproves an alternative pursuant to Section
2510733.6, the board shall not act under this paragraph until at least
26180 days after the department disapproved the alternative.

27(2) begin deleteAfter end deletebegin insertThe basin is subject to paragraph (1) of subdivision
28(a) of Section 10720.7, and after end insert
January 31, 2020, none of the
29following have occurred:

30(A)  A groundwater sustainability agency has adopted a
31groundwater sustainability plan for the entire basin.

32(B)  A collection of local agencies has adopted groundwater
33sustainability plans that collectively serve as a groundwater
34sustainability plan for the entire basin.

35(C) The department has approved an alternative pursuant to
36Section 10733.6.

37(3) After January 31,begin delete 2020, both of the following have occurred:end delete

38begin delete(A)end deletebegin deleteend deletebegin deleteTheend deletebegin insert 2020, theend insert department, in consultation with the board,
39determines that a groundwater sustainability plan is inadequate or
40that the groundwater sustainability program is not being
P35   1implemented in a manner that will likely achieve the sustainability
2goal.

begin delete

3(B) The board determines that the basin is in a condition of
4long-term overdraft or in a condition where groundwater
5extractions result in significant depletions of interconnected surface
6waters.

end delete
begin insert

7(4) The basin is subject to paragraph (2) of subdivision (a) of
8Section 10720.7, and after January 31, 2022, none of the following
9have occurred:

end insert
begin insert

10(A) A groundwater sustainability agency has adopted a
11groundwater sustainability plan for the entire basin.

end insert
begin insert

12(B) A collection of local agencies has adopted groundwater
13sustainability plans that collectively serve as a groundwater
14sustainability plan for the entire basin.

end insert
begin insert

15(C) The department has approved an alternative pursuant to
16Section 10733.6.

end insert
begin insert

17(5) The basin is subject to paragraph (2) of subdivision (a) of
18Section 10720.7, and after January 31, 2022, both of the following
19have occurred:

end insert
begin insert

20(A) The department, in consultation with the board, determines
21that a groundwater sustainability plan is inadequate or that the
22groundwater sustainability plan is not being implemented in a
23manner that will likely achieve the sustainability goal.

end insert
begin insert

24(B) The board determines that the basin is in a condition of
25long-term overdraft or in a condition where groundwater
26extractions result in significant depletions of interconnected surface
27waters.

end insert

28(b) In making the findings associated with paragraph (3)begin insert or (5)end insert
29 of subdivision (a), the department and board may rely on periodic
30assessments the department has prepared pursuant to Chapter 10
31(commencing with Section 10733). The board may request that
32the department conduct additional assessments utilizing the
33begin delete guidelinesend deletebegin insert regulationsend insert developed pursuant to Chapter 10
34(commencing with Section 10733) and make determinations
35pursuant to this section. The board shall post on its Internet Web
36site and provide at least 30 days for the public to comment on any
37determinations provided by the department pursuant to this
38subdivision.

39(c) (1)   The determination may exclude a class or category of
40extractions from the requirement for reporting pursuant to Part 5.2
P36   1(commencing with Section 5200) of Division 2 if those extractions
2are subject to a local plan or program that adequately manages
3groundwater within the portion of the basin to which that plan or
4program applies, or if those extractions are likely to have a minimal
5impact on basin withdrawals.

6(2) The determination may require reporting of a class or
7category of extractions that would otherwise be exempt from
8reporting pursuant to paragraph (1) of subdivision (c) of Section
95202 if those extractions are likely to have a substantial impact on
10basin withdrawals or requiring reporting of those extractions is
11reasonably necessary to obtain information for purposes of this
12chapter.

13(3) The determination may establish requirements for
14 information required to be included in reports of groundwater
15extraction, for installation of measuring devices, or for use of a
16methodology, measuring device, or both, pursuant to Part 5.2
17(commencing with Section 5200) of Division 2.

18(4) The determination may modify the water year or reporting
19date for a report of groundwater extraction pursuant to Section
205202.

21(d) If the board finds that litigation challenging the formation
22of a groundwater sustainability agency prevented its formation
23beforebegin delete January 1,end deletebegin insert July 1,end insert 2017, pursuant to paragraph (1) of
24subdivision (a) or prevented a groundwater sustainability program
25from being implemented in a manner likely to achieve the
26sustainability goal pursuant to paragraph (3) of subdivision (a),
27the board shall not designate a basin as a probationary basin for a
28period of time equal to the delay caused by the litigation.

29

10735.4.  

(a) If the board designates a basin as a probationary
30basin pursuant to paragraph (1) or (2) of subdivision (a) of Section
3110735.2, a local agency or groundwater sustainability agency shall
32have 180 days to remedy the deficiency. The board may appoint
33a mediator or other facilitator, after consultation with affected local
34agencies, to assist in resolving disputes, and identifying and
35implementing actions that will remedy the deficiency.

36(b) After the 180-day period provided by subdivision (a), the
37board may provide additional time to remedy the deficiency if it
38finds that a local agency is making substantial progress toward
39remedying the deficiency.

P37   1(c) The board may develop an interim plan pursuant to Section
210735.8 for the probationary basin at the end of the period provided
3by subdivision (a) or any extension provided pursuant to
4subdivision (b), if the board, in consultation with the department,
5determines that a local agency has not remedied the deficiency
6that resulted in designating the basin as a probationarybegin delete basin .end delete
7begin insert basin.end insert

8

10735.6.  

(a) If the board designates a basin as a probationary
9basin pursuant to paragraph (3) of subdivision (a) of Section
1010735.2, the board shall identify the specific deficiencies and
11identify potential actions to address the deficiencies. The board
12may request the department to provide local agencies, within 90
13days of the designation of a probationary basin, with technical
14recommendations to remedy the deficiencies.

15(b) The board may develop an interim plan pursuant to Section
1610735.8 for the probationary basin one year after the designation
17of the basin pursuant to paragraph (3) of subdivision (a) of Section
1810735.2, if the board, in consultation with the department,
19 determines that a local agency has not remedied the deficiency
20that resulted in designating the basin a probationary basin.

21

10735.8.  

(a) The board, after notice and a public hearing, may
22adopt an interim plan for a probationary basin.

23(b) The interim plan shall include all of the following:

24(1) Identification of the actions that are necessary to correct a
25condition of long-term overdraft or a condition where groundwater
26extractions result in significant depletions of interconnected surface
27waters, including recommendations for appropriate action by any
28person.

29(2) A time schedule for the actions to be taken.

30(3) A description of the monitoring to be undertaken to
31determine effectiveness of the plan.

32(c) The interim plan may include the following:

33(1) Restrictions on groundwater extraction.

34(2) A physical solution.

35(3) Principles and guidelines for the administration of rights to
36surface waters that are connected to the basin.

37(d)  Except as provided inbegin delete Sections 100 and 275 andend delete subdivision
38(e), the interim plan shall be consistent with water rightbegin delete priorities.end delete
39begin insert priorities, subject to Section 2 of Article X of the California
40Constitution.end insert

P38   1(e) Where, in the judgment of the board, a groundwater
2sustainability plan, groundwater sustainability program, or an
3adjudication action can be relied on as part of the interim plan,
4either throughout the basin or in an area within the basin, the board
5may rely on, or incorporate elements of, that plan, program, or
6adjudication into the interim plan adopted by the board or allow
7local agencies to continue implementing those parts of a plan or
8program that the board determines are adequate.

9(f) In carrying out activities that may affect the probationary
10basin, state entities shall comply with an interim plan adopted by
11the board pursuant to this section unless otherwise directed or
12authorized by statute and the state entity shall indicate to the board
13in writing the authority for not complying with the interim plan.

14(g) (1) After the board adopts an interim plan under this section,
15the board shall determine if a groundwater sustainability plan or
16an adjudication action is adequate to eliminate the condition of
17long-term overdraft or condition where groundwater extractions
18result in significant depletions of interconnected surface waters,
19upon petition of either of the following:

20(A) A groundwater sustainability agency that has adopted a
21groundwater sustainability plan for the probationary basin or a
22portion thereof.

23(B) A person authorized to file the petition by a judicial order
24or decree entered in an adjudication action in the probationary
25basin.

26(2) The board shall act on a petition filed pursuant to paragraph
27(1) within 90 days after the petition is complete. If the board, in
28consultation with the department, determines that the groundwater
29sustainability plan or adjudication action is adequate, the board
30shall rescind the interim plan adopted by the board for the
31probationary basin, except as provided in paragraphs (3) and (4).

32(3) Upon request of the petitioner, the board may amend an
33interim plan adopted under this section to eliminate portions of
34the interim plan, while allowing other portions of the interim plan
35to continue in effect.

36(4) The board may decline to rescind an interim plan adopted
37pursuant to this section if the board determines that the petitioner
38has not provided adequate assurances that the groundwater
39sustainability plan or judicial order or decree will be implemented.

P39   1(5) This subdivision is not a limitation on the authority of the
2board to stay its proceedings under this section or to rescind or
3amend an interim plan adopted pursuant to this section based on
4the progress made by a groundwater sustainability agency or in
5an adjudication action, even if the board cannot make a
6determination of adequacy in accordance with paragraph (1).

begin insert

7(h) The board’s authority to adopt an interim plan under this
8section does not alter the law establishing water rights priorities
9or any other authority of the board.

end insert
10

10736.  

(a) The board shall adopt or amend a determination or
11interim plan under Section 10735.2 or 10735.8 in accordance with
12procedures for quasi-legislative action.

13(b) The board shall provide notice of a hearing described in
14subdivision (a) of Section 10735.2 or subdivision (a) of Section
1510735.8 as follows:

16(1) At least 90 days before the hearing, the board shall publish
17notice of the hearing on its Internet Web site.

18(2) At least 90 days before the hearing, the board shall notify
19the department and each city, county, or city and county in which
20any part of the basin is situated.

21(3) (A) For the purposes of this paragraph, the terms
22“board-designated local area” and “local agency” have the same
23meaning as defined in Section 5009.

24(B) At least 60 days before the hearing, the board shall mail or
25send by electronic mail notice to all persons known to the board
26who extract or who propose to extract water from the basin, or
27who have made written or electronic mail requests to the board
28for special notice of hearing pursuant to this part. If any portion
29of the basin is within a board-designated local area, the records
30made available to the board by the local agency in accordance with
31paragraph (4) of subdivision (d) of Section 5009 shall include the
32names and addresses of persons and entities known to the local
33agency who extract water from the basin, and the board shall mail
34or send by electronic mail notice to those persons.

35(c) The board shall provide notice of proceedings to amend or
36repeal a determination or plan under Section 10735.2 or 10735.8
37as appropriate to the proceedings, taking into account the nature
38of the proposed revision and the person likely to be affected.

39(d) (1) Except as provided in paragraphs (2) and (3), Chapter
403.5 (commencing with Section 11340) of Part 1 of Division 2 of
P40   1Title 2 of the Government Code does not apply to any action
2authorized pursuant to Section 10735.2 or 10735.8.

3(2) The board may adopt a regulation in accordance with Chapter
43.5 (commencing with Section 11340) of Part 1 of Division 2 of
5Title 2 of the Government Code setting procedures for adopting a
6determination or plan.

7(3) The board may adopt a regulation applying or interpreting
8this part pursuant to Section 1530 if the board determines that the
9emergency regulation is reasonably necessary for the allocation,
10administration, or collection of fees authorized pursuant to Section
111529.5.

12

10736.2.  

Division 13 (commencing with Section 21000) of the
13Public Resources Code does not apply to any action or failure to
14act by the board under this chapter, other than the adoption or
15amendment of an interim plan pursuant to Section 10735.8.

16

10736.4.  

The extraction or use of water extracted in violation
17of an interim plan under this part shall not be relied upon as a basis
18for establishing the extraction or use of water to support a claim
19in an action or proceeding for determination of water rights.

20

10736.6.  

(a) The board may order a person that extracts or
21uses water from a basin that is subject to an investigation or
22proceeding under this chapter to prepare and submit to the board
23any technical or monitoring program reports related to that person’s
24or entity’s extraction or use of water as the board may specify.
25The costs incurred by the person in the preparation of those reports
26shall bear a reasonable relationship to the need for the report and
27the benefit to be obtained from the report. If the preparation of
28individual reports would result in a duplication of effort, or if the
29reports are necessary to evaluate the cumulative effect of several
30diversions or uses of water, the board may order any person subject
31to this subdivision to pay a reasonable share of the cost of preparing
32reports.

33(b) (1) An order issued pursuant to this section shall be served
34by personal service or registered mail on the party to submit
35technical or monitoring program reports or to pay a share of the
36costs of preparing reports. Unless the board issues the order after
37a hearing, the order shall inform the party of the right to request a
38hearing within 30 days after the party has been served. If the party
39does not request a hearing within that 30-day period, the order
40shall take effect as issued. If the party requests a hearing within
P41   1that 30-day period, the board may adopt a decision and order after
2conducting a hearing.

3(2) In-lieu of adopting an order directed at named persons in
4accordance with the procedures specified in paragraph (1), the
5board may adopt a regulation applicable to a category or class of
6persons in accordance with Chapter 3.5 (commencing with Section
7 11340) of Part 1 of Division 2 of Title 2 of the Government Code.

8(c) Upon application of a person or upon its own motion, the
9board may review and revise an order issued or regulation adopted
10pursuant to this section in accordance with the procedures set forth
11in subdivision (b).

12(d) In conducting an investigation or proceeding pursuant to
13this part, the board may inspect the property or facilities of a person
14to ascertain whether the purposes of this part are being met and to
15ascertain compliance with this part. The board may obtain an
16inspection warrant pursuant to the procedures set forth in Title 13
17(commencing with Section 1822.50) of Part 3 of the Code of Civil
18Procedure for the purposes of an inspection pursuant to this
19subdivision.

20

begin deleteSEC. 16.end delete
21begin insertSEC. 20.end insert  

The provisions of this act are severable. If any
22provision of this act or its application is held invalid, that invalidity
23shall not affect other provisions or applications that can be given
24effect without the invalid provision or application.

25

begin deleteSEC. 17.end delete
26begin insertSEC. 21.end insert  

No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution for certain
28costs that may be incurred by a local agency or school district
29because, in that regard, this act creates a new crime or infraction,
30eliminates a crime or infraction, or changes the penalty for a crime
31or infraction, within the meaning of Section 17556 of the
32Government Code, or changes the definition of a crime within the
33meaning of Section 6 of Article XIII B of the California
34Constitution.

35However, if the Commission on State Mandates determines that
36this act contains other costs mandated by the state, reimbursement
37to local agencies and school districts for those costs shall be made
38pursuant to Part 7 (commencing with Section 17500) of Division
394 of Title 2 of the Government Code.

P42   1

begin deleteSEC. 18.end delete
2begin insertSEC. 22.end insert  

The Legislature finds and declares that Section 10 of
3this act, which adds Section 5206 to the Water Code and Section
4begin delete 12end deletebegin insert 16end insert of this act, which adds Section 10730.8 to the Water Code,
5impose a limitation on the public’s right of access to the meetings
6of public bodies or the writings of public officials and agencies
7within the meaning of Section 3 of Article I of the California
8Constitution. Pursuant to that constitutional provision, the
9Legislature makes the following findings to demonstrate the interest
10protected by this limitation and the need for protecting that interest:

11In order to allow this act to fully accomplish its goals, it is
12necessary to protect proprietary information submitted pursuant
13to this act as confidential. Therefore, it is in the state’s interest to
14limit public access to this information.

15

begin deleteSEC. 19.end delete
16begin insertSEC. 23.end insert  

This act shall only become operative if Senate Bill
171168 of the 2013-14 Regular Session is enacted and becomes
18effective.



O

    93