AB 452, as introduced, Bigelow. Water Rights Fund: Groundwater Regulation Subaccount.
Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. Existing law establishes the Water Rights Fund, which consists of various fees and penalties.
This bill would establish the Groundwater Regulation Subaccount in the Water Rights Fund and would provide that moneys in the subaccount are available, upon appropriation by the Legislature, to the State Water Resources Control Board for the purpose of board enforcement of the provisions of the act.
Existing law authorizes the board to issue a cease and desist order in response to a violation or threatened violation of any decision or order of the board under the act or any extraction restriction, limitation, order, or regulation adopted or issued by the board under the act. Under existing law, a person who violates a cease and desist order of the board may be civilly liable, as prescribed.
Existing law establishes groundwater reporting requirements for a person extracting groundwater in an area within a basin that is not within the management area of a groundwater sustainability agency or that is a probationary basin. Existing law requires each report of groundwater extraction to be accompanied by a specified fee. Existing law subjects a person to civil liability if that person fails to file, as required, a report of groundwater extraction, tampers with a required measuring device, or makes a material misstatement in connection with the filing of a report of groundwater extraction. Existing law provides that the making of any willful misstatement in connection with these groundwater reporting requirements is a misdemeanor punishable as prescribed.
This bill would provide for the funds received under the above-described provisions to be deposited into the subaccount.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1529.5 of the Water Code is amended to
2read:
(a) The board shall adopt a schedule of fees pursuant
4to Section 1530 to recover costs incurred in administering Chapter
511 (commencing with Section 10735) of Part 2.74 of Division 6.
6Recoverable costs include, but are not limited to, costs incurred
7in connection with investigations, facilitation, monitoring, hearings,
8enforcement, and administrative costs in carrying out these actions.
9(b) The fee schedule adopted under this section may include,
10but is not limited to, the following:
11(1) A fee for participation as a petitioner or party to an
12adjudicative proceeding.
13(2) A fee for the filing of a report pursuant to Part 5.2
14(commencing
with Section 5200) of Division 2.
15(c) Consistent with Section 3 of Article XIII A of the California
16Constitution, the board shall set the fees under this section in an
17amount sufficient to cover all costs incurred and expended from
18thebegin delete Water Rights Fundend deletebegin insert Groundwater Regulation Subaccountend insert for
19the purposes of Part 5.2 (commencing with Section 5200) and
P3 1Chapter 11 (commencing with Section 10735) of Part 2.74 of
2Division 6. In setting these fees, the board is not required to fully
3recover these costs in the year or the year immediately after the
4costs are incurred, but the board may provide for recovery of these
5costs over a period of years.
Section 1552 of the Water Code is amended to read:
begin insert(a)end insertbegin insert end insert The money in the Water Rights Fund is available
8for expenditure, upon appropriation by the Legislature, for the
9following purposes:
10(a)
end delete
11begin insert(end insertbegin insert1)end insert For expenditure by the State Board
of Equalization in the
12administration of this chapter and the Fee Collection Procedures
13Law (Part 30 (commencing with Section 55001) of Division 2 of
14the Revenue and Taxation Code) in connection with any fee or
15expense subject to this chapter.
16(b)
end delete
17begin insert(end insertbegin insert2)end insert For the payment of refunds, pursuant to Part 30 (commencing
18with Section 55001) of Division 2 of the Revenue and Taxation
19Code, of fees or expenses collected pursuant to this chapter.
20(c)
end delete
21begin insert(end insertbegin insert3)end insert For expenditure by the board for the purposes of carrying
22out this division, Division 1 (commencing with Section 100), Part
232 (commencing with Section 10500)begin delete and Chapter 11 (commencing of Division 6, and Article 7
24with Section 10735) of Part 2.74end delete
25(commencing with Section 13550) of Chapter 7 of Division 7.
26(d)
end delete
27begin insert(end insertbegin insert4)end insert For expenditures by the board for the purposes of carrying
28out Sections 13160 and 13160.1 in connection with activities
29involving hydroelectric power projects subject to licensing by the
30Federal Energy Regulatory Commission.
31(e)
end delete
32begin insert(end insertbegin insert5)end insert For expenditures by the board for the purposes of carrying
33out Sections 13140 and 13170 in connection with plans and policies
34that address the diversion or use of water.
35(b) The
money in the Water Rights Fund shall not be available
36for expenditure by the board for the purpose of Chapter 11
37(commencing with Section 10735) of Part 2.74 of Division 6.
Section 1553 is added to the Water Code, to read:
(a) The Groundwater Regulation Subaccount is hereby
40established in the Water Rights Fund.
P4 1(b) All of the following shall be deposited in the Groundwater
2Regulation Subaccount:
3(1) Funds recovered in response to a violation or threatened
4violation of any decision or order of the board issued under Chapter
511 (commencing with Section 10735) of Part 2.74 of Division 6
6or any extraction restriction, limitation, order, or regulation adopted
7or issued under that chapter.
8(2) Funds received pursuant to subdivision (f) of Section 5202.
9(3) Funds recovered pursuant to Section 5208.
10(c) The money in the Groundwater Regulation Subaccount shall
11be available to the board, upon appropriation by the Legislature,
12for the purpose of carrying out Chapter 11 (commencing with
13Section 10735) of Part 2.74 of Division 6.
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