Amended in Assembly August 22, 2014

Amended in Senate April 15, 2013

Senate Bill No. 757

Introduced by Senator Berryhill

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(Coauthor: Senator Calderon)

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February 22, 2013

begin delete An act to amend Sections 21608.6 and 21626.5 of the Business and Professions Code, relating to business. end delete begin insert An act to amend Sections 65352 and 65352.5 of, and to add Section 65350.5 to, the Government Code, and to amend Sections 1120, 10927, and 12924 of, to add Sections 113, 1242.1, and 10750.1 to, and to add Part 2.74 (commencing with Section 10720) to Division 6 of, the Water Code, relating to groundwater. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 757, as amended, Berryhill. begin delete Junk dealers and recyclers. end delete begin insert Groundwater management. end insert

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(1) The California Constitution requires the reasonable and beneficial use of water. Existing law establishes various state water policies, including the policy that the people of the state have a paramount interest in the use of all the water of the state and that the state is required to determine what water of the state, surface and underground, can be converted to public use or be controlled for public protection.

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This bill would state the policy of the state that groundwater resources be managed responsibly for long-term water supply reliability and multiple economic, social, or environmental benefits for current and future beneficial uses. The bill would state that responsible groundwater management is best achieved locally through the development, implementation, and updating of plans and programs based on the best available science and in consideration of local needs and circumstances. The bill would also state the policy of the state is to encourage conjunctive use of surface water and groundwater and would provide that the Legislature finds and declares that the storage of water underneath the ground is a beneficial use of water.

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(2) 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 specified things, including, but not limited to, preparing and implementing a groundwater management plan that includes basin management objectives for the groundwater basin.

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This bill would prohibit, beginning January 1, 2015, a new groundwater management plan from being adopted or an existing groundwater management plan from being renewed, except for high- or medium-priority basins that are not in a condition of long-term overdraft and low- or very low priority basins.

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This bill would require, by January 31, 2020, all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are in a condition of long-term overdraft to be managed under a groundwater management plan or coordinated groundwater management plans of a groundwater management agency, with specified exceptions. The bill would require a groundwater management plan to be developed and implemented to meet the management goal, established as prescribed, and would require the plan to include prescribed components. The bill would require a groundwater management agency to certify to the department that its plan complies with the requirements of the act no later than January 31, 2020, and every 5 years thereafter.

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This bill would authorize any local agency, as defined, or combination of local agencies, to elect to be a groundwater management agency and would require, within 30 days of deciding to be or forming a groundwater management agency, the groundwater management agency to inform the department of its decision or formation and its intent to undertake responsible groundwater management. The bill would provide specific authority to a groundwater management agency, including, but not limited to, the ability to require registration of groundwater extraction facilities, to require that a groundwater extraction facility be measured with a water-measuring device or methodology satisfactory to the groundwater management agency, to regulate groundwater pumping, and to impose certain fees.

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This bill would authorize the department or a groundwater management agency to provide technical assistance to entities that extract or use groundwater to promote water conservation and protect groundwater resources. The bill would require the department to develop advisory best management practices for the responsible management of groundwater through a specified public process.

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This bill would require a groundwater management agency to submit a groundwater management plan to the department for review. The bill would authorize the department to periodically review groundwater management plans, and by June 1, 2016, would require the department to develop regulations for evaluating groundwater management plans. The bill would authorize a local agency to submit to the department for evaluation an alternative plan that is not a groundwater management plan. The bill would provide that a basin is in compliance with these provisions if a groundwater agency or other local agency submits to the department, no later than January 31, 2020, a copy of a governing final judgment or other judicial order or decree and any report or reports required by the judgment or other judicial order or decree.

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This bill would authorize a groundwater management agency and the board to conduct inspections only after obtaining an inspection warrant, as specified. Because the willful refusal of an inspection lawfully authorized by an inspection warrant is a misdemeanor, the bill would impose a state-mandated local program by expanding the application of a crime.

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This bill would authorize the board to designate a basin as a probationary basin, if the board makes a specified determination. The 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. The 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 management plan or plans are adequate to eliminate the condition of long-term overdraft. The bill would provide that the board has authority to rescind or amend an interim plan based on the progress made by a groundwater management agency or in an adjudication action.

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

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This bill would require, before the adoption or any substantial amendment of a general plan, the planning agency to review and consider a groundwater management plan, groundwater management court order, judgment, or decree, or an adjudication of water rights. The bill would require the planning agency to refer a proposed action to adopt or substantially amend a general plan to a groundwater management agency that has adopted a groundwater management plan or local agency that otherwise manages groundwater and to a watermaster established by a court order, judgment, decree, or adjudication.

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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.

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This bill also would require a public water system to provide a report on the anticipated effect of the proposed action on implementation of a groundwater management plan. The bill would require a groundwater management agency, or a watermaster established by a court order, judgment, decree, or adjudication, to provide the planning agency with certain information as is appropriate and relevant.

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

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

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

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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.

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(5) 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.

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This bill would make legislative findings to that effect.

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Existing law authorizes junk dealers and recyclers, as defined, to sell and purchase junk, which includes secondhand and used furniture, pallets, or other personal property, as specified. Existing law requires junk dealers and recyclers to obtain valid identification, as specified, from a seller before providing payment for newspaper, as defined, or for California Redemption Value (CRV) containers. Existing law requires junk dealers and recyclers to maintain written records of specified information and makes a violation of the recordkeeping requirements a misdemeanor.

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This bill would permit a seller to use a passport from any country or a Matricula Consular issued by Mexico, along with another form of identification bearing an address, or an identification card issued by the United States, as identification for purposes of these provisions.

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Existing law regulates secondhand dealers and coin dealers, as defined, and makes a violation of those provisions a misdemeanor.

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This bill would specify that the provisions governing secondhand dealers and coin dealers do not apply to junk dealers, as defined, and would declare that provision declaratory of existing law.

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

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

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begin insert SECTION 1. end insert   

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(a) The Legislature finds and declares as follows:

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(1) The people of the state have a primary interest in the
protection, management, and reasonable beneficial use of the
water resources of the state and that the management of the state’s
water resources is essential to meeting its water management
goals.

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(2) Groundwater accounts for more than one-third of the water
used by Californians in an average year and more than one-half
of the water used by Californians in a drought year when other
sources are unavailable.

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

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

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(5) Failure to manage groundwater to prevent chronic long-term
overdraft may infringe on groundwater rights.

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

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(7) Local and regional agencies must have the necessary support
and authority to manage groundwater.

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(8) If a local groundwater management agency does not manage
its groundwater responsibly, other action may be necessary.

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

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(10) Responsible groundwater management depends upon
creating more opportunities for conjunctive management of surface
water resources and for groundwater recharge and banking
projects. Climate change will intensify the need to recalibrate and
reconcile water management strategies.

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

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(1) Provide local and regional agencies the authority to
responsibly manage groundwater.

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(2) Provide that if no local groundwater agency or agencies
provide groundwater management for a groundwater basin or
subbasin, the state has the authority to do so until the local
groundwater management agency or agencies assume management
of the basin or subbasin or initiate an adjudication of groundwater
rights.

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(3) Require the development and reporting of those data
necessary to support groundwater management, including those
data that help describe the basin’s geology, the short- and
long-term trends of the basin’s water balance and those data
necessary to resolve disputes regarding available supply, beneficial
uses, and water rights.

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(4) Protect groundwater rights.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 65350.5 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

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begin insert 65350.5. end insert   

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

(a) An adopted or updated groundwater management plan
pursuant to Part 2.74 (commencing with Section 10720) or Part
2.75 (commencing with Section 10750) of Division 6 of the Water
Code or groundwater management court order, judgment, or
decree.

(b) An adjudication of water rights.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 65352 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

65352.  

(a)  begin delete Prior to action by end delete begin insert Before end insert a legislative body begin insert takes
action end insert to adopt or substantially amend a general plan, the planning
agency shall refer the proposed action to all of the following
entities:

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

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

(3) The local agency formation commission.

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

(5) A federal begin delete agency end delete begin insert agency, end insert if its operations or lands within
its jurisdiction may be significantly affected by the proposed action,
as determined by the planning agency.

(6) (A) The branches of the United States Armed Forces that
have provided the Office of Planning and Research with a
California mailing address pursuant to subdivision (d) of Section
begin delete 65944 when end delete begin insert 65944, if end insert the proposed action is within 1,000 feet of
a military installation, or lies within special use airspace, or beneath
a low-level flight path, as defined in Section 21098 of the Public
Resources Code, begin delete provided that end delete begin insert and if end insert the United States Department
of Defense provides electronic maps of low-level flight paths,
special use airspace, and military installations at a scale and in an
electronic format that is acceptable to the Office of Planning and
Research.

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

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

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

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(9) A watermaster established by a court order, judgment,
decree, or adjudication.

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(8)

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

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(9) On and after March 1, 2005, a

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begin insert (11) end insert   begin insert A end insert California Native American tribe, that is on the contact
list maintained by the Native American Heritage begin delete Commission,
with end delete begin insert Commission and that has end insert traditional lands located within the
begin delete city end delete begin insert city’s end insert or county’s jurisdiction.

begin delete

(10)

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

(b)  begin delete Each end delete begin insert An end insert entity receiving a proposed general plan or
amendment of a general plan pursuant to this section shall have
45 days from the date the referring agency mails it or delivers it
begin delete in which end delete to comment unless a longer period is specified by the
planning agency.

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

(2) To the extent begin delete that end delete the requirements of this section conflict
with the requirements of Chapter 4.4 (commencing with Section
65919), the requirements of Chapter 4.4 shall prevail.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 65352.5 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65352.5.  

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

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

(c) Upon receiving, pursuant to Section 65352, notification of
a city’s or a county’s proposed action to adopt or substantially
amend a general plan, a public water system, as defined in Section
116275 of the Health and Safety Code, with 3,000 or more service
connections, shall provide the planning agency with the following
information, as is appropriate and relevant:

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

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

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

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

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

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

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

(A) Agricultural users.

(B) Commercial users.

(C) Industrial users.

(D) Residential users.

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

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

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

end insert begin insert

(d) Upon receiving, pursuant to Section 65352, notification of
a city’s or a county’s proposed action to adopt or substantially
amend a general plan, a groundwater management agency, as
defined in Section 10721 of the Water Code, or a watermaster
established pursuant to a court order, judgment, decree, or
adjudication, shall provide the planning agency with the following
information, as is appropriate and relevant:

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(1) The current version of its groundwater management plan
adopted pursuant to Part 2.74 (commencing with Section 10720)
of Division 6 of the Water Code.

end insert begin insert

(2) If the groundwater management agency manages
groundwater pursuant to a court order, judgment, decree, including
an adjudication of groundwater rights, or agreement among
affected water rights holders, the groundwater management agency
shall provide the planning agency with maps of recharge basins
and percolation ponds, extraction limitations, and other relevant
information, and the court order, judgment, or decree.

end insert

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begin insert SEC. 5. end insert   

end insert

begin insert Section 113 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

begin insert 113. end insert   

It is the policy of the state that groundwater resources be
managed responsibly for long-term water supply reliability and
multiple economic, social, or environmental benefits for current
and future beneficial uses in accordance with groundwater rights.
Responsible groundwater management is best achieved locally
through the development, implementation, and updating of plans
and programs based on the best available science and in
consideration of local needs and circumstances.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 1120 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

1120.  

This chapter applies to any decision or order issued under
this part or Section 275, Part 2 (commencing with Section 1200),
Part 2 (commencing with Section 10500) of Division 6, begin insert Chapter
12 (commencing with Section 10734) of Part 2.74 of Division 6, end insert
Article 7 (commencing with Section 13550) of Chapter 7 of
Division 7, or the public trust doctrine.

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begin insert SEC. 7. end insert   

end insert

begin insert Section 1242.1 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

begin insert 1242.1. end insert   

It is the policy of the state to encourage conjunctive
use of surface water and groundwater. To that end, the Legislature
finds and declares that the storage of water underneath the ground
is a beneficial use of water.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

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

begin insert

 

PART  begin insert 2.74. end insert   Groundwater Management

 

Chapter   begin insert 1. end insert General Provisions

 

begin insert 10720. end insert   

This part shall be known, and may be cited, as the
Groundwater Management Act.

begin insert 10720.1. end insert   

In enacting this part, it is the intent of the Legislature
to do all of the following:

(a) Provide for the responsible management of groundwater
basins.

(b) Enhance local management of groundwater consistent with
rights to use or store groundwater and Section 2 of Article X of
the California Constitution.

(c) Protect groundwater rights.

(d) Establish standards for responsible groundwater
management.

(e) Provide local groundwater agencies with the authority and
the technical and financial assistance necessary to appropriately
manage groundwater.

(f) Avoid or minimize subsidence.

(g) Improve data collection and technological knowledge of
groundwater.

(h) Increase groundwater storage, when appropriate, and
remove impediments to recharge.

(i) Manage groundwater basins through the actions of local
agencies to the extent feasible, while minimizing state intervention.

begin insert 10720.3. end insert   

To the extent authorized under federal or tribal law,
this part applies to an Indian tribe and to the federal government.

begin insert 10720.5. end insert   

Groundwater management pursuant to this part shall
be consistent with Section 2 of Article X of the California
Constitution. Nothing in this part modifies rights or priorities to
use or store groundwater consistent with Section 2 of Article X of
the California Constitution, except that no extraction of
groundwater from a groundwater extraction facility constructed
after January 1, 2015, may be used as evidence to establish any
claim of prescription.

begin insert 10720.7. end insert   

Subject to Chapter 6 (commencing with Section
10727) and Chapter 12 (commencing with Section 10735), by
January 31, 2020, all basins designated as high- or
medium-priority basins by the department and that are in a
condition of long-term overdraft shall be managed under a
groundwater management plan or coordinated groundwater
management plans pursuant to this part.

begin insert 10720.9. end insert   

(a) Except as provided in subdivision (b) of Section
10733.6, this part does not apply to a local agency that conforms
to the requirements of an adjudication of water rights in a
groundwater basin or to that adjudicated basin. For purposes of
this section, an adjudication includes an adjudication under Section
2101 and an adjudication in state or federal court, including, but
not limited to, the following adjudicated groundwater basins:

(1) Beaumont Basin.

(2) Brite Basin.

(3) Central Basin.

(4) Chino Basin.

(5) Cucamonga Basin.

(6) Cummings Basin.

(7) Goleta Basin.

(8) Main San Gabriel Basin: Puente Narrows.

(9) Mojave Basin Area.

(10) Puente Basin.

(11) Raymond Basin.

(12) San Jacinto Basin.

(13) Santa Margarita River Watershed.

(14) Santa Maria Valley Basin.

(15) Santa Paula Basin.

(16) Scott River Stream System.

(17) Seaside Basin.

(18) Six Basins.

(19) Tehachapi Basin.

(20) Upper Los Angeles River Area.

(21) Warren Valley Basin.

(22) West Coast Basin.

(23) Western San Bernardino.

(b) The Antelope Valley basin at issue in the Antelope Valley
Groundwater Cases (Judicial Council Coordination Proceeding
Number 4408) shall be treated as an adjudicated basin pursuant
to this section if the superior court issues a final judgment, order,
or decree.

begin insert 10720.10. end insert   

Nothing in this part, or in any groundwater
management plan adopted pursuant to this part, shall affect surface
water rights or groundwater rights or the procedures under the
common law or local groundwater authority, or any provision of
law that determines or grants surface water rights.

begin insert 10720.11. end insert   

Division 13 (commencing with Section 21000) of
the Public Resources Code does not apply to the action of a local
agency under this part to do any of the following:

(a) Become or form a groundwater management agency.

(b) Develop, adopt, or amend a groundwater management plan.

(c) Implement or enforce a groundwater management plan
except to the extent implementation requires construction or
installation of new facilities.

begin insert 10720.13. end insert   

In addition to any other authority granted to a
groundwater management agency by this part or other laws,
groundwater management agencies may enter into agreements for
funding or other arrangements with private parties that would
assist in the implementation of groundwater management plans.

 

Chapter   begin insert 2. end insert Definitions

 

begin insert 10721. end insert   

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

(a) “Adjudication action” means an action filed in the state or
federal court to determine the rights to extract groundwater from
a basin or store water within a basin, including, but not limited
to, actions to quiet title or determine rights to extract or store
groundwater or an action brought to impose a physical solution
on a basin.

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

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

(d) “Bulletin 118” means the department’s report entitled
“California’s Groundwater: Bulletin 118” updated in 2003, as it
may be subsequently updated or revised in accordance with Section
12924.

(e) “Condition of long-term overdraft” means the condition of
a groundwater basin where the average annual amount of water
extracted over a long-term period, of 10 years or more, exceeds
the long-term average annual supply of water to the basin and any
temporary surplus. Overdraft during a period of drought is
insufficient to establish a condition of long-term overdraft if
extractions and recharge are managed, to the extent possible, to
ensure that reductions in groundwater levels or storage during a
period of drought are offset by increases in groundwater levels or
storage during nondrought periods.

(f) “Coordination agreement” means a binding, written
agreement between two or more groundwater management
agencies that provides the basis for coordinating multiple agencies
or groundwater management plans within a basin pursuant to this
part.

(g) “De minimis extractor” means a person who extracts 20
acre-feet or less per year.

(h) “Governing body” means the legislative body of a
groundwater management agency.

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

(j) “Groundwater extraction facility” or “well” means a device
or method for extracting groundwater from within a basin.

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

(l) “Groundwater management plan” or “plan” means a plan
of a groundwater management agency proposed or adopted
pursuant to this part.

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

(n) “Local agency” means a local public agency that has water
supply, surface water management, groundwater management,
groundwater replenishment, or land use authority within a
groundwater basin, or a joint powers authority that includes local
public agencies with this authority.

(o) “Management goal” means the goals established by one or
more groundwater management plans for a basin that achieve
responsible groundwater management.

(p) “Operator” means a person operating a groundwater
extraction facility. The owner of a groundwater extraction facility
shall be conclusively presumed to be the operator unless a
satisfactory showing is made to the governing body of the
groundwater management agency that the groundwater extraction
facility actually is operated by some other person.

(q) “Owner” means a person who owns a groundwater
extraction facility or has an interest in a groundwater extraction
facility other than a lien to secure the payment of a debt or other
obligation.

(r) “Planning and implementation horizon” means a 50-year
time period over which a groundwater management agency
determines that plans and measures will be implemented in a basin
to ensure that the basin is operated within its available supply.

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

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

(u) “Responsible groundwater management” means the use of
groundwater in a manner that can be maintained during the
planning and implementation horizon without causing an
undesirable result.

(v) “Undesirable result” means one or more of the following
effects occurring after January 1, 2020, and caused by
groundwater pumping occurring throughout the basin:

(1) Chronic lowering of groundwater levels below those
specified in the groundwater management plan or plans for the
basin, indicating a significant and unreasonable depletion of supply
if continued over the planning and implementation horizon,
excluding the lowering of groundwater levels caused by a drought
or in accordance with the groundwater management plan or plans
for the basin.

(2) Significant and chronic seawater intrusion.

(3) Significant and unreasonable degraded water quality,
including the migration of contaminant plumes that unreasonably
impairs water supplies.

(4) Significant and chronic land subsidence that substantially
interferes with surface land uses.

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

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

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

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

 

Chapter   begin insert 3. end insert Basin Boundaries

 

begin insert 10722. end insert   

Unless other basin boundaries are established pursuant
to this chapter, a basin’s boundaries shall be as identified in
Bulletin 118.

begin insert 10722.2. end insert   

(a) A local agency may request that the department
revise the boundaries of a basin, including the establishment of
new subbasins. A local agency’s request shall be supported by the
following information:

(1) Information demonstrating that the proposed adjusted basin
can be the subject of responsible groundwater management.

(2) Technical information regarding the boundaries of, and
conditions in, the proposed adjusted basin.

(3) Information demonstrating that the entity proposing the
basin boundary adjustment consulted with interested local agencies
and public water systems in the affected basins before filing the
proposal with the department.

(4) Other information the department deems necessary to justify
revision of the basin’s boundaries.

(b) By January 1, 2016, the department shall develop and
publish regulations regarding the information required to comply
with subdivision (a).

(c) The department shall provide a copy of its draft revision of
a basin’s boundaries to the California Water Commission, which
shall hear and comment on the draft revision within 60 days of
the date of receipt.

begin insert 10722.3. end insert   

(a) Any time the department updates Bulletin 118
pursuant to subdivision (b) of Section 12921, the department shall
reassess the prioritization pursuant to Section 10933.

(b) Any time the department changes the basin priorities
pursuant to Section 10933, if a basin is elevated to a high- or
medium-priority basin and is in a condition of long-term overdraft
after January 31, 2015, a local agency shall have either two years
from the date of reprioritization to establish a groundwater
management agency pursuant to Chapter 4 (commencing with
Section 10723) and five years from the date of reprioritization to
adopt a groundwater management plan pursuant to Chapter 6
(commencing with Section 10727) or two years to satisfy the
requirements of Section 10733.6

 

Chapter   begin insert 4. end insert Establishing Groundwater Management
Agencies

 

begin insert 10723. end insert   

(a) Any local agency or combination of local agencies
may elect to be a groundwater management agency.

(b) Before deciding to be a groundwater management agency,
and after publication of notice pursuant to Section 6066 of the
Government Code, the local agency or agencies shall hold a public
hearing to receive comment on its proposal in a county overlying
the basin.

begin insert 10723.2. end insert   

The groundwater management agency shall consider
the interests of all users of groundwater and those responsible for
implementing groundwater management plans.

begin insert 10723.4. end insert   

The groundwater management agency shall establish
and maintain a list of persons interested in receiving notices
regarding plan preparation, meeting announcements, and
availability of draft plans, maps, and other relevant documents.
Any person may request, in writing, to be placed on the list of
interested persons.

begin insert 10723.6. end insert   

A combination of local agencies may form a joint
powers authority to act as a groundwater management agency,
which may include other members as permitted by law.

begin insert 10723.8. end insert   

Within 30 days of deciding to be or forming a
groundwater management agency, the local agency shall inform
the department of its decision or formation and its intent to
undertake responsible groundwater management. The notification
shall include the following information, as applicable:

(a) The service area boundaries, the basin the local agency is
managing, and the other groundwater management agencies known
to the local agency to be operating within the basin.

(b) A copy of the resolution pursuant to which the local agency
decided to be a groundwater management agency or forming the
new agency.

(c) A copy of the bylaws, ordinances, and new authorities of the
groundwater management agency.

begin insert 10724. end insert   

(a) In the event that there is an area within a basin
that is not within the boundaries of a groundwater management
agency, the landowners within that area may petition to form a
new local agency or petition to be annexed into an existing local
agency for purposes of developing a groundwater management
plan or participating in the groundwater management plan adopted
by the annexing agency. For these limited purposes, a local agency
formation commission shall complete all proceedings on the
formation or annexation and serve as the conducting authority
within 180 days of the receipt of the petition for formation or
annexation.

(b) If a petition is not submitted pursuant to subdivision (a) by
January 1, 2016, the county or counties within which the
unmanaged area lies shall do one of the following:

(1) Be the groundwater management agency for the unmanaged
area.

(2) Timely develop a groundwater management plan for that
area, and enter into a coordination agreement with all other
groundwater management agencies in the basin.

(3) Join a joint powers authority that is the groundwater
management agency for the basin so that the unmanaged area is
subject to the groundwater management plan adopted for the basin
by the joint powers authority.

 

Chapter   begin insert 5. end insert Powers and Authorities

 

begin insert 10725. end insert   

A groundwater management agency may exercise any
of the powers described in this chapter in implementing this part,
in addition to, and not as a limitation on, any existing authority,
if the groundwater management agency adopts and submits to the
department a groundwater management plan or prescribed
alternative documentation in accordance with Section 10733.6.

begin insert 10725.2. end insert   

(a) A groundwater management agency may perform
any act necessary or proper to carry out the purposes of this part.

(b) A groundwater management agency may adopt rules,
regulations, ordinances, and resolutions for the purpose of this
part, in compliance with any procedural requirements applicable
to the adoption of a rule, regulation, ordinance, or resolution by
the groundwater management agency.

(c) In addition to any other applicable procedural requirements,
the groundwater management agency shall provide notice of the
proposed adoption of the groundwater management plan on its
Internet Web site and provide for electronic notice to any person
who requests electronic notification.

begin insert 10725.4. end insert   

(a) A groundwater management agency may conduct
an investigation for the purposes of this part, including, but not
limited to, investigations for the following:

(1) Determine the need for groundwater management.

(2) Prepare and adopt a groundwater management plan and
implementing rules and regulations.

(3) Propose and update fees.

(4) Monitor compliance and enforcement.

(b) In connection with an investigation, a groundwater
management agency may inspect the property or facilities of a
person or entity to ascertain whether the purposes of this part are
being met and there is compliance with this part. The local agency
may conduct an inspection pursuant to this section only upon
obtaining necessary consent or an inspection warrant pursuant
to the procedure set forth in Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure.

begin insert 10725.6. end insert   

A groundwater management agency may require
registration of groundwater extraction facilities within the
management area. Information submitted to register a groundwater
extraction facility shall be kept confidential and shall not be made
available for inspection by the public.

begin insert 10725.8. end insert   

(a) A groundwater management agency may require
that the use of groundwater extraction facilities within the
management area be measured by a water-measuring device or
methodology satisfactory to the groundwater management agency.

(b) A groundwater management agency may require all costs
associated with the purchase and installation of a water-measuring
device or methodology to be borne by the owner or operator of
each groundwater extraction facility. Water-measuring devices
shall be calibrated on a reasonable schedule as determined by the
groundwater management agency.

(c) A groundwater management agency may require, through
its groundwater management plan, that the owner or operator of
a groundwater extraction facility within the groundwater
management agency periodically file a statement with the
groundwater management agency setting forth the total extraction
in acre-feet of groundwater from the facility.

(d) In addition to the measurement of groundwater extractions
pursuant to subdivision (a), a groundwater management agency
may use any other reasonable method to determine groundwater
extraction.

(e) This section does not apply to de minimis extractors.

begin insert 10726. end insert   

Diversions of surface water to underground storage
within the area of a groundwater management plan shall be
reported to the groundwater management agency.

begin insert 10726.2. end insert   

A groundwater management agency may do the
following:

(a) Acquire by grant, purchase, lease, gift, devise, contract,
construction, or as otherwise provided by law, and hold, use, enjoy,
sell, let, and dispose of, real and personal property of every kind,
including lands, water rights, water supplies, structures, buildings,
rights-of-way, easements, and privileges, and construct, maintain,
alter, and operate any and all works or improvements, within or
outside the agency, necessary or proper to carry out any of the
purposes of this part.

(b) Appropriate and acquire surface water, groundwater,
surface water rights, or groundwater rights, import surface water
or groundwater into the agency, and conserve and store within or
outside the agency that water for any purpose necessary or proper
to carry out the provisions of this part, including, but not limited
to, the spreading, storing, retaining, or percolating into the soil
of the waters for subsequent use or in a manner consistent with
the provisions of Section 10727.2. As part of this authority, the
agency may validate an existing groundwater conjunctive use or
storage program upon a finding that the program would aid or
assist the agency in developing or implementing a groundwater
management plan.

(c) Perform any acts necessary or proper to enable the agency
to purchase, transfer, deliver, or exchange water or water rights
of any type with any person to carry out the purposes of this part,
including, but not limited to, providing surface water in exchange
for a groundwater extractor’s agreement to reduce or cease
groundwater extractions. The agency shall not deliver retail water
supplies within the service area of a public water system as part
of a groundwater management plan without either the consent of
that system or authority.

(d) Transport, reclaim, purify, desalinate, treat, or otherwise
manage and control polluted water, wastewater, or other waters
for subsequent use in a manner that is necessary or proper to carry
out the purposes of this part.

(e) Commence, maintain, intervene in, defend, compromise, and
assume the cost and expenses of any and all actions and
proceedings, including an action to adjudicate groundwater rights.

begin insert 10726.4. end insert   

(a) A groundwater management agency shall have
the following additional authority to implement its groundwater
management plans:

(1) Establish spacing requirements on new groundwater well
construction and reasonable operating regulations on existing
groundwater wells to minimize well interference, including
requiring pumpers to operate on a rotation basis.

(2) Manage groundwater extractions by regulating, limiting,
or suspending extractions from individual groundwater wells or
extractions from groundwater wells in the aggregate, the
construction of new groundwater wells, the enlarging of existing
groundwater wells, the reactivation of abandoned groundwater
wells, or otherwise establishing groundwater extraction
allocations. A limitation on extractions by a groundwater
management agency shall be consistent with groundwater rights
and shall not be construed to be a final determination of any
individual’s rights to extract groundwater from the basin or any
portion of the basin.

(3) Authorize temporary and permanent transfers of
groundwater extraction allocations within the agency’s boundaries,
or of groundwater extracted within the agency’s boundaries if the
total quantity of groundwater extracted in any water year is
consistent with the provisions of the groundwater management
plan.

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

(b) Nothing in this section shall be construed to grant a
groundwater management agency the authority to issue permits
for the construction, modification, or abandonment of groundwater
wells. A permitting authority for wells shall be subject to the
agency’s authorities exercised pursuant to this section. A county
may authorize a groundwater management agency to issue permits
for the construction, modification, or abandonment of groundwater
wells.

begin insert 10726.6. end insert   

(a) A groundwater management agency that adopts
a groundwater management plan may file an action to determine
the validity of the plan, or any other action taken pursuant to this
part, pursuant to Chapter 9 (commencing with Section 860) of
Title 10 of Part 2 of the Code of Civil Procedure.

(b) Subject to Sections 394 and 397 of the Code of Civil
Procedure, the venue for an action pursuant to this section shall
be the county in which the principal office of the groundwater
management agency is located.

(c) Any judicial action or proceeding to attack, review, set aside,
void, or annul the ordinance or resolution imposing a new, or
increasing an existing, fee imposed pursuant to Section 10730,
10730.2, or 10730.4 shall be brought pursuant to Section 66022
of the Government Code.

(d) Any person may pay a fee imposed pursuant to Section
10730, 10730.2, or 10730.4 under protest and bring an action
against the governing body in the superior court to recover any
money that the governing body refuses to refund. Payments made
and actions brought under this section shall be made and brought
in the manner provided for the payment of taxes under protest and
actions for refund of that payment in Article 2 (commencing with
Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue
and Taxation Code, as applicable. In an action brought pursuant
to this section, the court shall award the prevailing party
reasonable attorneys’ fees, costs of enforcement, and costs of suit.

(e) Except as otherwise provided in this section, actions by a
groundwater management agency are subject to judicial review
pursuant to Chapter 2 (commencing with Section 1084) of Title 1
of Part 3 of the Code of Civil Procedure.

begin insert 10726.8. end insert   

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

(b) Except as otherwise prohibited by law, this part authorizes
a local agency to impose any requirement or impose any penalty
or fee on the state or any agency, department, or officer of the
state. Except as otherwise provided by law, state agencies and
departments shall comply with all groundwater management plans
to the same extent private parties are required to comply with
groundwater management plans.

 

Chapter   begin insert 6. end insert Groundwater Management Plans

 

begin insert 10727. end insert   

(a) Subject to Chapter 12 (commencing with Section
10735), a groundwater management plan shall be developed and
implemented for each medium- and high-priority basin, as
categorized by the department, that is in a condition of long-term
overdraft, by a groundwater management agency to meet the
management goal established pursuant to this part. The
groundwater management plan may incorporate, extend, or be
based on a plan adopted pursuant to Part 2.75 (commencing with
Section 10750).

(b) A groundwater management plan may be any of the
following:

(1) A single plan covering the entire basin developed and
implemented by one groundwater management agency.

(2) A single plan covering the entire basin developed and
implemented by multiple groundwater management agencies.

(3) Subject to Section 10727.6, multiple plans implemented by
multiple groundwater management agencies and coordinated
pursuant to a single coordination agreement that covers the entire
basin.

begin insert 10727.2. end insert   

A groundwater management plan shall include all of
the following:

(a) A description of the physical setting and characteristics of
the aquifer system underlying the basin that includes the following:

(1) Historical data, to the extent available.

(2) Groundwater levels, groundwater quality, and subsidence.

(3) A general discussion of historical and projected water
demands and supplies.

(4) A map that details the area of the basin and the boundaries
of the groundwater management agencies that overlie the basin
that have or are developing groundwater management plans.

(5) A map identifying existing and potential recharge areas for
the basin. The map or maps shall identify the existing recharge
areas that substantially contribute to the replenishment of the
groundwater basin. The map or maps shall be provided to the
appropriate local planning agencies after adoption of the
groundwater management plan.

(b) (1) Measurable objectives and interim milestones in
increments of five years, to achieve the management goal in the
basin within 20 years of the implementation of the plan.

(2) A description of how the plan helps meet each objective and
how each objective is intended to achieve the management goal
for the basin for long-term beneficial uses of groundwater.

(3) Notwithstanding paragraph (1), at the request of the
groundwater management agency, the department may grant an
extension of up to 10 years beyond the 20-year management goal
timeframe upon a showing of good cause.

(c) A planning and implementation horizon of 50 years.

(d) Components relating to the following, as applicable to the
basin:

(1) The monitoring and management of groundwater levels
within the basin.

(2) The monitoring and management of groundwater quality,
groundwater quality degradation, inelastic land surface
subsidence, and changes in surface flow and surface water quality
that directly affect groundwater levels or quality or are caused by
groundwater pumping in the basin.

(3) Mitigation of overdraft.

(4) How recharge areas identified in the plan substantially
contribute to the replenishment of the basin.

(5) The relationship between surface water deliveries and the
ability to manage the basin.

(e) A summary of the type of monitoring sites, type of
measurements, and the frequency of monitoring for each location
monitoring groundwater levels, groundwater quality, subsidence,
precipitation, evaporation, and tidal influence. The plan shall
include a summary of monitoring information such as well depth,
screened intervals, and aquifer zones monitored, and a summary
of the type of well relied on for the information, including public,
irrigation, domestic, industrial, and monitoring wells.

(f) Monitoring protocols that are necessary to implement the
plan.

begin insert 10727.4. end insert   

In addition to the requirements of Section 10727.2,
a groundwater management plan shall include, where appropriate
and in collaboration with the appropriate local agencies, all of
the following:

(a) Control of saline water intrusion.

(b) Wellhead protection areas and recharge areas.

(c) Migration of contaminated groundwater.

(d) A well abandonment and well destruction program.

(e) Replenishment of groundwater extractions.

(f) Activities implementing, opportunities for, and impediments
to, conjunctive use.

(g) Well-construction policies.

(h) Measures addressing groundwater contamination cleanup,
recharge, diversions to storage, conservation, water recycling,
conveyance, and extraction projects.

(i) Efficient water management practices, as defined in Section
10902, for the delivery of water and water conservation methods
to improve the efficiency of water use.

(j) Efforts to develop relationships with state and federal
regulatory agencies.

(k) Processes to review land use plans and efforts to coordinate
with land use planning agencies to assess activities that potentially
create risks to groundwater quality or quantity.

(l) An analysis of the economic impacts of implementation of
the groundwater management plan.

begin insert 10727.6. end insert   

Groundwater management agencies intending to
develop and implement multiple groundwater management plans
pursuant to paragraph (3) of subdivision (b) of Section 10727 shall
coordinate with other agencies preparing a groundwater
management plan within the basin to ensure that the plans use the
same data for the following assumptions in developing the plan:

(a) Groundwater elevation data.

(b) Groundwater extraction data.

(c) Surface water supply.

(d) Total water use.

(e) Change in groundwater storage.

(f) Water accounting.

(g) Available supply.

begin insert 10727.8. end insert   

Before initiating the development of a groundwater
management plan, the groundwater management agency shall
make available to the public and the department a written statement
describing the manner in which stakeholders may participate in
the development and implementation of the groundwater
management plan. The groundwater management agency may
appoint and consult with an advisory committee consisting of
stakeholders for purposes of developing and implementing a
groundwater management plan.

begin insert 10728. end insert   

A groundwater management agency shall certify that
its plan complies with this part no later than January 31, 2020,
and every five years thereafter. A groundwater management agency
shall submit this certification and the plan to the department within
30 days of the certification.

 

Chapter   begin insert 7. end insert Technical Assistance

 

begin insert 10729. end insert   

(a) The department or a groundwater management
agency shall provide technical assistance to entities that extract
or use groundwater to promote water conservation and protect
groundwater resources.

(b) The department shall provide technical assistance to any
groundwater management agency in response to that agency’s
request for assistance in the development and implementation of
a groundwater management plan.

(c) The department shall develop advisory best management
practices for the responsible management of groundwater through
a public process involving one public meeting conducted at a
location in northern California, one public meeting conducted at
a location in the San Joaquin Valley, one public meeting conducted
at a location in southern California.

 

Chapter   begin insert 8. end insert Financial Authority

 

begin insert 10730. end insert   

(a) A groundwater management agency may impose
fees to recover the reasonable and proportionate cost of any
activities or services directly related to the groundwater
management plan, including, but not limited to, permit fees and
fees on groundwater extraction or other regulated activity, to fund
the costs of a groundwater management plan, including, but not
limited to, preparation, adoption, and amendment of the
groundwater management plan, and plan administration,
investigations, operation, inspections, compliance assistance,
enforcement, and maintenance of prudent reserves to cover these
costs. A groundwater management agency shall not impose a fee
pursuant to this subdivision on a de minimis extractor unless the
agency has regulated the users pursuant to this part.

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

(2) Notice of the time and place of the meeting shall include a
general explanation of the matter to be considered and a statement
that the data required by this section is available. The notice shall
be provided by publication as provided by Section 6066 of the
Government Code, by posting on the agency’s Internet Web Site,
if any, and by mail at least 14 days before the meeting to any
interested party who files a written request with the agency for
mailed notice of a meeting on new or increased fees. A written
request for mailed notices shall be valid for one year from the date
the request is made and may be renewed by making a written
request on or before April 1 of each year.

(3) At least 10 days before the meeting, the groundwater
management agency shall make available to the public data upon
which the proposed fee is based.

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

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

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

(e) The power granted by this section is in addition to any
revenue generation powers a groundwater management agency
has under any other law.

begin insert 10730.2. end insert   

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

(1) Administration, operation, and maintenance, and the
maintenance of prudent reserves for those purposes.

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

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

(4) Other activities necessary to implement the plan.

(b) Fees may be implemented pursuant to this chapter for
purposes of Part 2.75 (commencing with Section 10750) in
accordance with the procedures provided in this section.

(c) Fees imposed pursuant to this section may include fixed fees
and fees charged on a volumetric basis, including, but not limited
to, fees that increase based on the quantity of groundwater
produced annually, the year in which the production of
groundwater commenced from a groundwater extraction facility,
and impacts to the basin. Fees that increase based on the quantity
of groundwater produced annually may only be charged for
groundwater produced in excess of an owner’s right.

(d) The power granted by this section is in addition to any
powers a groundwater management agency has under any other
law.

begin insert 10730.4. end insert   

A groundwater management agency may fund
activities pursuant to Part 2.75 (commencing with Section 10750)
and may impose fees pursuant to Section 10730.2 to fund activities
undertaken by the agency pursuant to Part 2.75 (commencing with
Section 10750).

begin insert 10730.6. end insert   

(a) A groundwater fee levied pursuant to this chapter
shall be due and payable to the groundwater management agency
by each owner or operator on a date established by the
groundwater management agency.

(b) The groundwater management agency may bring a suit in
the court having jurisdiction against any owner or operator of a
groundwater extraction facility within the area covered by the
plan for the collection of any delinquent groundwater fees, interest,
or penalties imposed under this chapter. If the groundwater
management agency seeks an attachment against the property of
any named defendant in the suit, the groundwater management
agency shall not be required to furnish a bond or other undertaking
as provided in Title 6.5 (commencing with Section 481.010) of
Part 2 of the Code of Civil Procedure. In addition to delinquent
groundwater fees, interest, and penalties, the court shall award
the prevailing party reasonable attorney’s fees, costs of
enforcement, and costs of suit.

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

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

begin insert 10730.8. end insert   

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

(b) For the purposes of Section 6254.16 of the Government
Code, persons subject to payment of fees pursuant to this chapter
are utility customers of a groundwater management agency.

begin insert 10731. end insert   

(a) In addition to the authority granted by Section
10725.4, a groundwater management agency may cause an
investigation and report to be made concerning the production of
groundwater from any groundwater extraction facility that
includes, but is not limited to, the accuracy of the water-measuring
device. Following such an investigation, the governing body may
make a determination fixing the amount of groundwater production
from the groundwater extraction facility at an amount not to exceed
the maximum production capacity of the facility for purposes of
levying a groundwater charge. If a water-measuring device is
permanently attached to the groundwater extraction facility, the
record of production as disclosed by the water-measuring device
shall be presumed to be accurate unless the contrary is established
by the groundwater management agency after investigation.

(b) After the governing body makes a determination fixing the
amount of groundwater production pursuant to subdivision (a), a
written notice of the determination shall be mailed to the owner
or operator of the groundwater extraction facility at the address
as shown by the groundwater management agency’s records. A
determination made by the governing body shall be conclusive on
the owner or operator and the groundwater charges, based on the
determination together with any interest and penalties, shall be
payable immediately unless within 20 days after the mailing of the
notice the owner or operator files with the governing body a written
protest setting forth the ground for protesting the amount of
production or the groundwater charges, interest, and penalties. If
a protest is filed pursuant to this subdivision, the governing body
shall hold a hearing to determine the total amount of the
groundwater production and the groundwater charges, interest,
and penalties. Notice of the hearing shall be mailed to each
protestant at least 20 days before the date fixed for the hearing.
Notice of the determination of the governing body hearing shall
be mailed to each protestant. The owner or operator shall have
20 days from the date of mailing of the determination to pay the
groundwater charges, interest, and penalties determined by the
governing body.

 

Chapter   begin insert 9. end insert Groundwater Management Agency
Enforcement Powers

 

begin insert 10732. end insert   

(a) (1) A person who extracts groundwater in excess
of the amount that person is authorized to extract under a rule,
right, regulation, ordinance, or resolution adopted pursuant to
Section 10725.2, shall be subject to a civil penalty not to exceed
two hundred-fifty dollars ($250) for each acre-foot of water
extracted in excess of the amount that person is authorized to
extract, to be set from time to time by the groundwater management
agency in an amount the agency determines to be sufficient to deter
unauthorized extractions. Liability under this subdivision is in
addition to any liability imposed under paragraph (2) and any fee
imposed for the extraction. In no event may penalties by imposed
for groundwater extractions if the amount extracted is within the
owner’s right.

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

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

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

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

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

 

Chapter   begin insert 10. end insert State Evaluation and Assessment

 

begin insert 10733. end insert   

(a) The department may periodically review the
groundwater management plans developed by groundwater
management agencies pursuant to this part to evaluate whether a
plan conforms with Sections 10727.2 and 10727.4 and is likely to
achieve the management goal for the basin covered by the
groundwater management plan.

(b) If a groundwater management agency develops multiple
groundwater management plans for a basin, the department may
evaluate whether the plans conform with Sections 10727.2,
10727.4, and 10727.6 and are together likely to achieve the
management goal for the basin covered by the groundwater
management plans.

begin insert 10733.2. end insert   

(a) By June 1, 2016, the department shall develop
regulations for evaluating groundwater management plans
pursuant to this chapter.

(b) The regulations shall identify the necessary plan components
specified in Sections 10727.2 and 10727.4 and other information
that will assist local agencies in developing and implementing
groundwater management plans.

(c) The department may update the regulations, including to
incorporate the best management practices identified pursuant to
Section 10729.

begin insert 10733.4. end insert   

(a) Upon completion and certification of a
groundwater management plan, a groundwater management
agency shall submit the groundwater management plan to the
department for review pursuant to this chapter.

(b) The department may evaluate the groundwater management
plan and issue an assessment of the plan. The assessment may
include recommended corrective actions to address any
deficiencies identified by the department.

(c) If the department determines a plan is out of compliance, a
local agency or groundwater management agency shall have 180
days to remedy the deficiency. The department may appoint a
mediator or other facilitator, after consulting with affected local
agencies, to assist in resolving disputes, and identifying and
implementing actions that will remedy the deficiency.

(d) After the 180-day period provided by subdivision (c), the
department may provide additional time to remedy the deficiency
if it finds that a local agency is making substantial progress toward
remedying the deficiency.

begin insert 10733.6. end insert   

(a) If there is not a groundwater management plan
for a basin, but a local agency believes that an alternative plan,
such as a plan developed pursuant to Part 2.75 (commencing with
Section 10750), satisfies the objectives of this part, the local agency
may submit the alternative plan to the department for evaluation.
In evaluating an alternative plan, the department shall, to the
extent feasible, use the regulations developed pursuant to Section
10733.2.

(b) A basin subject to a final judicial order in an adjudication
action, shall be in compliance with this part if, no later than
January 31, 2020, and every five years thereafter, the following
documents are submitted to the department:

(1) A copy of the governing final judgment or other judicial
order or decree. However, that judgment, order, or decree need
not be resubmitted unless it has been amended since its prior
submission.

(2) A report or reports required by the judgment or other
judicial order or decree to be submitted to the court or the
watermaster appointed by the court for the basin since the prior
submission of the report or reports.

 

Chapter   begin insert 11. end insert Expedited Adjudication Action

 

begin insert 10734. end insert   

(a) The Legislature finds and declares all of the
following:

(1) Efficient resolution of conflicts concerning rights to use and
manage groundwater will promote achievement of the management
goal and the beneficial use of groundwater consistent with Section
2 of Article X of the California Constitution and the state water
policies described in Chapter 1 (commencing with Section 100)
of Division 1.

(2) In light of the scope and complexities of adjudication actions,
the state’s welfare is promoted by the development of specific legal
procedures to effectively and expeditiously process adjudication
actions to implement the management goal when a basin is not
served by one or more groundwater management agencies, or a
groundwater management plan is not timely adopted or effectively
implemented.

(3) Negotiation and compromise among stakeholders in a basin
to resolve conflicts about the use and management of groundwater
should be encouraged in order to expedite the achievement of the
management goal in the basin.

(b) It is the intent of the Legislature to develop procedures to
provide a more streamlined and expeditious groundwater
adjudication process while fully respecting established principles
of water rights law and providing participants with appropriate
due process.

 

Chapter   begin insert 12. end insert State Intervention

 

begin insert 10735. end insert   

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

(a) “Person” means any person, firm, association, organization,
partnership, business, trust, corporation, limited liability company,
or public agency, including any city, county, city and county,
district, joint powers authority, state, or any agency or department
of those entities. “Person” includes, to the extent authorized by
federal law, the United States, a department, agency or
instrumentality of the federal government, an Indian tribe, an
authorized Indian tribal organization, or interstate body.

(b) “Probationary basin” means a basin for which the board
has issued a determination under this chapter.

begin insert 10735.2. end insert   

The board, after notice and a public hearing, may
designate a basin designated as high- or medium-priority by the
department and that is in a condition of long-term overdraft as a
probationary basin, if the board finds one or more of the following
applies to the basin:

(a) After January 1, 2018, none of the following have occurred:

(1) No local agency has elected to be a groundwater
management agency that intends to develop a groundwater
management plan for the entire basin.

(2) No collection of local agencies has formed a groundwater
management agency or prepared agreements to develop one or
more groundwater management plans that will collectively serve
as a groundwater management plan for the entire basin.

(3) There is no plan developed pursuant to Part 2.75
(commencing with Section 10750) that satisfies the objectives of
this part.

(4) There is no report approved by a groundwater agency that
shows that current management or operations activities have been
consistent with the available supply of the basin over a period of
at least 10 years, as described in paragraph (2) of subdivision (b)
of Section 10733.6.

(b) After January 31, 2020, none of the following have occurred:

(1) No groundwater management agency has adopted a
groundwater management plan for the entire basin.

(2) No collection of local agencies have adopted groundwater
management plans that collectively serve as a groundwater
management plan for the entire basin.

(3) The department has not determined that a local agency has
complied with Section 10733.6.

(4) There is no report approved by a groundwater agency that
shows that current management or operations activities have been
consistent with the available supply of the basin over a period of
at least 10 years, as described in paragraph (2) of subdivision (b)
of Section 10733.6.

(5) The department determines that a groundwater management
plan is deficient pursuant to Section 10733.4.

begin insert 10735.4. end insert   

(a) If the board designates a basin as a probationary
basin pursuant to subdivision (a) or (b) of Section 10735.2, a local
agency or groundwater management agency shall have 180 days
to correct the deficiency. The board may appoint a mediator or
other facilitator, after consultation with affected local agencies,
to assist in resolving disputes, and identifying and implementing
actions that will correct the deficiency.

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

begin insert 10735.6. end insert   

If the board designates a basin as a probationary
basin pursuant to paragraph (3) of Section 10735.2, the board
shall identify the specific deficiencies and identify potential actions
to address the deficiencies. The board may request the department
to provide local agencies, within 90 days of the designation of a
probationary basis, with technical recommendations to correct
the deficiencies.

begin insert 10735.8. end insert   

After the time periods specified in Section 10735.4
have expired the board may do either of the following:

(a) Initiate an adjudication action to determine the rights to
extract groundwater from the basin or store water within the basin
pursuant to Section 10736.

(b) Prepare an interim plan pursuant to Section 10735.10, in
which case the board shall provide no less than 90 days notice to
the groundwater management agency or agencies, the county, and,
by publication, landowners, groundwater rights holders, and
groundwater users in the probationary basin of its intent. After
the notice is provided, the groundwater management agency or
agencies, the county, landowners, groundwater rights holders, or
groundwater users may initiate an adjudication action before the
board finishes preparing the interim plan and, if an adjudication
action is initiated, the board shall not prepare, or cease its
preparation of, an interim plan.

begin insert 10735.10. end insert   

(a) An interim plan for a probationary basin adopted
pursuant to subdivision (b) of Section 10735.8 shall include all of
the following:

(1) Identification of the actions that are necessary to correct a
condition of long-term overdraft.

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

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

(b) The interim plan may include the following:

(1) Restrictions on groundwater pumping or extraction.

(2) A physical solution.

(c) The interim plan shall be consistent with groundwater rights
and water rights priorities.

(d) An interim plan may be adopted, amended, or rescinded
after notice and a public hearing.

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

(f) (1) After the board adopts an interim plan pursuant to this
section, one or more groundwater management agency or agencies
for the probationary basin may adopt one or more groundwater
management plan or plans in accordance with this part. Upon
adoption of one or more groundwater management plan or plans
and upon petition of one or more of the groundwater management
agencies that have adopted a groundwater management plan for
the probationary basin or a portion of the probationary basin, the
board shall determine if the groundwater management plan or
plans subsequently adopted are adequate to eliminate the condition
of long-term overdraft.

(2) The board shall act on a petition filed pursuant to paragraph
(1) within 90 days after the petition is submitted. If the board
determines that the groundwater management plan or plans are
adequate, the board shall rescind the interim plan adopted by the
board for the probationary basin, except as provided in paragraphs
(3) and (4).

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

(4) The board may decline to rescind an interim plan adopted
pursuant to this section if the board determines that the petitioner
has not provided adequate assurances that the groundwater
management plan will be implemented.

(5) Upon the entry of a final judgment in an adjudication action
for a probationary basin for which an interim plan has been
adopted by the board, the interim plan shall be of no further force
or effect.

begin insert 10736. end insert   

Adjudication actions may be initiated as follows:

(a) By a groundwater management agency for a basin that it
was a groundwater management agency for before January 31,
2020, if a groundwater management plan has not been adopted
before the initiation of the adjudication action and only after the
groundwater management agency finds that an adjudication action
is the most efficient means of achieving responsible groundwater
management in the basin.

(b) By the board for the basin if it and the department, as
applicable, make all of the findings described in subdivisions (a)
and (b) of Section 10735.2.

(c) By landowners, groundwater rights holder, or groundwater
users in the basin.

begin insert 10736.2. end insert   

The board or the department shall not be a party to
an adjudication action following initiation of an adjudication
action, except that the board may intervene for the sole purpose
of proposing and requesting the imposition of an interim plan or
order to prevent a condition of long-term overdraft pending the
outcome of the adjudication action. An interim plan or order shall
be of no further force or effect upon the completion of the
adjudication action.

begin insert 10736.4. end insert   

A groundwater management agency for a basin may
intervene as a matter of right in an adjudication action for the
basin.

begin insert 10736.6. end insert   

(a) Except as provided in subdivision (b), the final
order issued in an adjudication action shall provide for all of the
following:

(1) A determination of the respective rights of the groundwater
rights holders in the basin to extract or store water from, or in,
the basin.

(2) The appointment of a watermaster that may be an individual
or a local agency, including a groundwater management agency,
to implement and oversee the order.

(3) The retention of jurisdiction by the court to resolve disputes
arising from the adjudication order.

(b) If stipulated by parties representing at least 50 percent of
the land in the basin and all groundwater management agencies
established before initiation of the adjudication action, the final
order may instead impose a groundwater management plan
consistent with this part to be administered by an appointed
watermaster that may be an individual or a local agency, including
a groundwater management agency, or by the groundwater
management agencies established for the basin or a subbasin, as
determined by the court.

(c) An adjudication action shall be conducted to encourage the
development of a negotiated order that can be adopted as the final
adjudication order of the court, consistent with the parties’ water
rights.

(d) All costs of an adjudication action shall be borne by the
parties incurring them and the final order shall not apportion or
award the costs of any party.

(e) In conducting an investigation or proceeding pursuant to
this part, the board may inspect the property or facilities of a
person to ascertain whether the purposes of this part are being
met and to ascertain compliance with this part only after obtaining
an inspection warrant pursuant to the procedures set forth in Title
13 (commencing with Section 1822.50) of Part 3 of the Code of
Civil Procedure.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 10750.1 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

begin insert 10750.1. end insert   

(a) A plan adopted before January 1, 2015, shall
remain in effect and may be amended pursuant to this part until
a groundwater management plan is adopted pursuant to Part 2.74
(commencing with Section 10720).

(b) This section does not apply to high- or medium-priority
basins that are not in a condition of long term overdraft and low-
or very low priority basins as categorized for the purposes of Part
2.74 (commencing with Section 10720).

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 10927 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10927.  

Any of the following entities may assume responsibility
for monitoring and reporting groundwater elevations in all or a
part of a basin or subbasin in accordance with this part:

(a) A watermaster or water management engineer appointed by
a court or pursuant to statute to administer a final judgment
determining rights to groundwater.

(b) (1) A groundwater management agency with statutory
authority to manage groundwater pursuant to its principal act that
is monitoring groundwater elevations in all or a part of a
groundwater basin or subbasin on or before January 1, begin delete 2010 end delete begin insert 2015 end insert .

(2) A water replenishment district established pursuant to
Division 18 (commencing with Section 60000). This part does not
expand or otherwise affect the authority of a water replenishment
district relating to monitoring groundwater elevations.

begin insert

(3) A groundwater management agency with statutory authority
to manage groundwater pursuant to Part 2.74 (commencing with
Section 10720).

end insert

(c) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to Part 2.75 (commencing with Section
10750) and that was monitoring groundwater elevations in all or
a part of a groundwater basin or subbasin on or before January 1,
begin delete 2010, end delete begin insert 2015, end insert or a local agency or county that is managing all or
part of a groundwater basin or subbasin pursuant to any other
legally enforceable groundwater management plan with provisions
that are substantively similar to those described in that part and
that was monitoring groundwater elevations in all or a part of a
groundwater basin or subbasin on or before January 1, begin delete 2010 end delete begin insert 2015 end insert .

(d) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to an integrated regional water
management plan prepared pursuant to Part 2.2 (commencing with
Section 10530) that includes a groundwater management
component that complies with the requirements of Section 10753.7.

(e) A local agency that has been collecting and reporting
groundwater elevations and that does not have an adopted
groundwater management plan, if the local agency adopts a
groundwater management plan in accordance with Part 2.75
(commencing with Section 10750) by January 1, 2014. The
department may authorize the local agency to conduct the
monitoring and reporting of groundwater elevations pursuant to
this part on an interim basis, until the local agency adopts a
groundwater management plan in accordance with Part 2.75
(commencing with Section 10750) or until January 1, 2014,
whichever occurs first.

(f) A county that is not managing all or a part of a groundwater
basin or subbasin pursuant to a legally enforceable groundwater
management plan with provisions that are substantively similar to
those described in Part 2.75 (commencing with Section 10750).

(g) A voluntary cooperative groundwater monitoring association
formed pursuant to Section 10935.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 12924 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

12924.  

(a) The department, in conjunction with other public
agencies, shall conduct an investigation of the state’s groundwater
basins. The department shall identify the state’s groundwater basins
on the basis of geological and hydrological conditions and
consideration of political boundary lines whenever practical. The
department shall also investigate existing general patterns of
groundwater pumping and groundwater recharge within those
basins to the extent necessary to identify basins begin insert where information
indicates a condition of long-term overdraft and basins end insert that are
subject to critical conditions of overdraft.

(b) The department begin delete shall report end delete begin insert may revise the boundaries of
groundwater basins identified in subdivision (a) based on end insert its
begin delete findings to the Governor and the Legislature not end delete begin insert own investigations
or information provided by others no end insert later than January 1, begin delete 2012 end delete
begin insert 2015 end insert , and thereafter in years ending in 5 or 0.

begin insert

begin insert SEC. 12. end insert   

end insert begin insert

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

end insert

begin insert

begin insert SEC. 13. end insert   

end insert begin insert

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

end insert begin insert

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

end insert

begin insert

begin insert SEC. 14. end insert   

end insert begin insert

The Legislature finds and declares that Section 8 of
this act, which adds Section 10725.6 to the Water Code, imposes
a limitation on the public’s right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes
the following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:

end insert begin insert

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

end insert

begin delete

SECTION 1.  

Section 21608.6 of the Business and Professions
Code is amended to read:

21608.6.  

(a) A junk dealer or recycler, as defined in
subdivision (g), in this state shall not provide payment for
newspaper, as defined in Section 538c of the Penal Code, or for
California Redemption Value (CRV) containers unless, in addition
to meeting the written record requirements of Sections 21605 and
21606, all of the following requirements are met:

(1) The payment for the newspaper or for the CRV containers
is made by check or by other electronic transfer from the junk
dealer or recycler to the seller. A recycler, if authorized by
regulations adopted pursuant to Division 12.1 (commencing with
Section 14500) of the Public Resources Code, may provide
payment for CRV containers through a voucher that is immediately
redeemable for cash.

(2) The junk dealer or recycler obtains and records a valid,
documented address for the seller by obtaining a copy of the valid
driver’s license of the seller containing a photograph and an address
of the seller, or a copy of a state or federal government-issued
identification card containing a photograph and an address of the
seller, a passport from any other country in addition to another
item of identification bearing an address of the seller, or a Matricula
Consular in addition to another item of identification bearing an
address of the seller, or other valid identification containing the
seller’s address, such as utility bills in the seller’s name. The junk
dealer or recycler shall preserve the photograph and the address
or the copies obtained pursuant to this paragraph for a period of
two years after the date of sale.

(b) The requirements of paragraph (1) of subdivision (a) shall
not apply if, during any three-month period commencing on or
after the effective date of this section, the junk dealer or recycler
completes five or more separate transactions per month with the
seller, and in order for the requirements of paragraph (1) of
subdivision (a) to continue to be inapplicable, the seller must
continue to complete five or more separate transactions per month
with the junk dealer or recycler.

(c) This section shall not apply if, on the date of sale, the junk
dealer or recycler has on file or receives all of the following
information:

(1) The name, physical business address, and business telephone
number of the seller’s business.

(2) The business license number or tax identification number
of the seller’s business.

(3) A copy of the valid driver’s license or a copy of a state or
federal government-issued identification card containing a
photograph and an address of the person delivering newspaper or
CRV containers on behalf of the seller to the junk dealer or the
recycler.

(d) Any unauthorized disclosure of personal identification
information collected from a seller by a junk dealer or recycler is
prohibited, and any violation of this prohibition is subject to a civil
fine not to exceed five thousand dollars ($5,000).

(e) This section shall not apply to the payment for newspaper
having a value of fifty dollars ($50) or less in a single transaction
or CRV containers having a value of one hundred dollars ($100)
or less in a single transaction.

(f) This section shall only apply in jurisdictions that offer
curbside pickup of materials that include newspaper and CRV
containers.

(g) Notwithstanding Section 21605, for purposes of this section,
“recycler” means any processor, recycling center, or noncertified
recycler, as those terms are defined in Chapter 2 (commencing
with Section 14502) of Division 12.1 of the Public Resources
Code.

SEC. 2.  

Section 21626.5 of the Business and Professions Code
is amended to read:

21626.5.  

“Secondhand dealer,” as used in this article, does not
include any of the following:

(a) Any person who performs the services of an auctioneer for
a fee or salary.

(b) Any person whose business is limited to the reconditioning
and selling of major household appliances, provided all the
following conditions are met:

(1) The person does not trade, take in pawn, accept for drop off,
accept as a trade-in, accept for sale on consignment, accept for
auction, auction, or buy, except in bulk, the appliances.

(2) The person does not perform repair services for owners of
appliances unless the appliance was purchased from the person.

(3) The person has never been convicted of the crime of
attempting to receive or receiving stolen property or any other
theft-related crime.

(c) A junk dealer, as defined in Section 21601.

SEC. 3.  

The amendment of Section 21626.5 of the Business
and Professions Code made by this act does not constitute a change
in, but is declaratory of, existing law.

end delete