BILL ANALYSIS Ó
SB 988
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Date of Hearing: June 4, 2014
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
SB 988 (Jackson) - As Introduced: February 12, 2014
SENATE VOTE : 27-8
SUBJECT : Fox Canyon Groundwater Management Agency.
SUMMARY : Authorizes the Fox Canyon Groundwater Management
Agency to inspect any groundwater extraction facility within its
boundaries with the consent of the facility operator.
Specifically, this bill :
1)Allows the Fox Canyon Groundwater Management Agency (Agency)
to inspect any extraction facility within the boundaries of
the agencies, for the purpose of investigating compliance with
or enforcing any provisions of the Fox Canyon Groundwater
Management Agency Act (Act) or any Agency ordinance.
2)Requires the inspection to be made with the consent of the
operator of the extraction facility, or, if consent is
refused, with an inspection warrant duly issued, as specified.
3)States that no reimbursement is required because the only
costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime
or infraction, eliminates a crime or infraction, or changes
the penalty for a crime or infraction, as specified.
EXISTING LAW :
1)Establishes the Fox Canyon Groundwater Management Agency in
Ventura County, and finds and declares that the preservation
of the groundwater resources within the territory of the
Agency for agricultural and municipal and industrial uses is
in the public interest and that the creation of the Agency
pursuant to the Act is for the common benefit of water users.
2)Defines "extraction facility" to mean any device or method for
the extraction of groundwater within a groundwater basin or
aquifer.
3)Allows the Agency, by ordinance, to require extraction
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facilities to be registered with the Agency within 30 days of
notice being given to the operator of the extraction facility.
4)Allows the Agency, by ordinance, to require that the operator
of a registered extraction facility provide the Agency
annually with the following information regarding the
extraction facility:
a) The name and address of the operator of the extraction
facility;
b) The name and address of the owner of the land upon which
the extraction facility is located;
c) A description of the equipment associated with the
extraction facility; and,
d) The location of the water extraction facility.
5)Specifies that it shall be a violation to extract groundwater
from any extraction facility required to be registered, unless
the extraction facility has been registered with the Agency.
6)Allows the Agency, by ordinance, to require extraction
facilities to be equipped with waterflow measuring devices
installed and calibrated by the Agency or, at the Agency's
option, by the extraction facility operator.
7)Allows the Agency, by ordinance, to require proof of the
accuracy of the waterflow measuring device from the operator,
as specified.
8)Allows the Board of the Agency, by ordinance, to establish
reasonable methods to be used in computing the amount of water
extracted by extraction facilities.
9)Allows the Agency, by ordinance, to require the operator of
each extraction facility to file semiannually, or more
frequently, with the Agency or a member agency, a groundwater
extraction statement that contains, but is not limited to, the
following information:
a) Total extraction in acre-feet of water from the
extraction facility for the preceding groundwater
extraction statement period;
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b) The static groundwater level for the extraction
facility;
c) A description of the location of the extraction
facility;
d) The crop types or other uses and the acreage served by
the extraction facility; and,
e) The method of measuring or computing groundwater
extraction.
10)Specifies that each groundwater extraction statement,
pursuant to 9), above, shall be verified by a written
declaration under penalty of perjury that the information
contained in the statement is true and correct.
11)Allows the Agency, by ordinance, to levy groundwater
extraction charges on the extraction of groundwater from all
water extraction facility within the territory of the agency
for the purposes of paying the costs of initiating, carrying
on, and completing any of the powers, purposes and groundwater
management activities described in the Act.
12)Defines an inspection warrant to mean an order, in writing,
in the name of the people, signed by a judge of a court of
record, directed to a state or local official, commanding him
to conduct any inspection required or authorized by state or
local law or regulation relating to building, fire, safety,
plumbing, electrical, health, labor, or zoning.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)Purpose of this bill . This bill allows the Agency to inspect
any groundwater extraction facility within its boundaries with
the consent of the facility operator. The bill provides that
if the operator refuses to consent, the Agency has the
authority to seek an inspection warrant allowing it to inspect
the facility. This bill is sponsored by the Agency.
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2)Author's statement . According to the author, "[The Agency]
currently has management jurisdiction over 1,200 wells in
southern Ventura County. Over the past year, [the Agency] has
recognized it needed a more robust well inspection program to
verify the accuracy of information submitted to it through its
"self reporting programs" for groundwater extractions and
meter calibration. Existing well operator account information
is frequently incorrect due to operator reporting errors and
omissions. These result in data gaps including, but not
limited to, flowmeter identification information, flowmeter
readings, well status, and well use classification. In
addition, despite [the Agency's] best efforts, registered and
unregistered wells continue to exist with unreported
extractions.
"The Act does not provide express authority for the Agency to
enter property to monitor wells. If a property owner refuses
to allow the Agency to enter a property, the only recourse is
to seek an injunction against the property owner. This would
require a showing of irreparable harm, and it is questionable
whether a judge would issue an injunction based on the level
of evidence the Agency could provide without the ability to
inspect the well.
"In order for the Agency to establish a successful inspection
program, it needs clear statutory authority to enter property
within its jurisdiction to inspect compliance. [This bill]
would also provide the Agency with the same authority already
available in state law for other special districts to inspect
facilities on private property with the owner's consent or
with an inspection warrant issued pursuant to specified
statutes. These special districts include: air pollution
districts, municipal utility districts, public utilities
district, regional water control boards, and county water
districts."
3)Arguments in support . Supporters argue that as more water is
withdrawn from the aquifer, it is becoming more important than
ever to accurately monitor the amount of groundwater that is
being used, and that this bill provides the Agency with a tool
to verify information needed to properly carry out inspections
and manage the groundwater resources under its jurisdiction.
4)Arguments in opposition . None on file.
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REGISTERED SUPPORT / OPPOSITION :
Support
Fox Canyon Groundwater Management Agency [SPONSOR]
California Farm Bureau Federation
City of Camarillo
County of Ventura
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958