BILL NUMBER: AB 452 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bigelow
FEBRUARY 23, 2015
An act to amend Sections 1529.5 and 1552 of, and to add Section
1553 to, the Water Code, relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 1529.5 of the Water Code is amended to read:
1529.5. (a) The board shall adopt a schedule of fees pursuant to
Section 1530 to recover costs incurred in administering Chapter 11
(commencing with Section 10735) of Part 2.74 of Division 6.
Recoverable costs include, but are not limited to, costs incurred in
connection with investigations, facilitation, monitoring, hearings,
enforcement, and administrative costs in carrying out these actions.
(b) The fee schedule adopted under this section may include, but
is not limited to, the following:
(1) A fee for participation as a petitioner or party to an
adjudicative proceeding.
(2) A fee for the filing of a report pursuant to Part 5.2
(commencing with Section 5200) of Division 2.
(c) Consistent with Section 3 of Article XIII A of the California
Constitution, the board shall set the fees under this section in an
amount sufficient to cover all costs incurred and expended from the
Water Rights Fund Groundwater Regulation
Subaccount for the purposes of Part 5.2 (commencing with
Section 5200) and Chapter 11 (commencing with Section 10735) of Part
2.74 of Division 6. In setting these fees, the board is not required
to fully recover these costs in the year or the year immediately
after the costs are incurred, but the board may provide for recovery
of these costs over a period of years.
SEC. 2. Section 1552 of the Water Code is amended to read:
1552. (a) The money in the Water Rights
Fund is available for expenditure, upon appropriation by the
Legislature, for the following purposes:
(a)
( 1) For expenditure by the State Board of
Equalization in the administration of this chapter and the Fee
Collection Procedures Law (Part 30 (commencing with Section 55001) of
Division 2 of the Revenue and Taxation Code) in connection with any
fee or expense subject to this chapter.
(b)
( 2) For the payment of refunds, pursuant to
Part 30 (commencing with Section 55001) of Division 2 of the Revenue
and Taxation Code, of fees or expenses collected pursuant to this
chapter.
(c)
( 3) For expenditure by the board for the
purposes of carrying out this division, Division 1 (commencing with
Section 100), Part 2 (commencing with Section 10500) and
Chapter 11 (commencing with Section 10735) of Part 2.74 of
Division 6, and Article 7 (commencing with Section 13550) of Chapter
7 of Division 7.
(d)
( 4) For expenditures by the board for the
purposes of carrying out Sections 13160 and 13160.1 in connection
with activities involving hydroelectric power projects subject to
licensing by the Federal Energy Regulatory Commission.
(e)
( 5) For expenditures by the board for the
purposes of carrying out Sections 13140 and 13170 in connection with
plans and policies that address the diversion or use of water.
(b) The money in the Water Rights Fund shall not be available for
expenditure by the board for the purpose of Chapter 11 (commencing
with Section 10735) of Part 2.74 of Division 6.
SEC. 3. Section 1553 is added to the Water Code, to read:
1553. (a) The Groundwater Regulation Subaccount is hereby
established in the Water Rights Fund.
(b) All of the following shall be deposited in the Groundwater
Regulation Subaccount:
(1) Funds recovered in response to a violation or threatened
violation of any decision or order of the board issued under Chapter
11 (commencing with Section 10735) of Part 2.74 of Division 6 or any
extraction restriction, limitation, order, or regulation adopted or
issued under that chapter.
(2) Funds received pursuant to subdivision (f) of Section 5202.
(3) Funds recovered pursuant to Section 5208.
(c) The money in the Groundwater Regulation Subaccount shall be
available to the board, upon appropriation by the Legislature, for
the purpose of carrying out Chapter 11 (commencing with Section
10735) of Part 2.74 of Division 6.