Amended in Senate June 11, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 453

Introduced by Assembly Member Bigelow

February 23, 2015

An act to amend begin delete Section end delete begin insert Sections 1552, 10730.2, and end insert 10750.1 of the Water Code, relating to groundwater.

LEGISLATIVE COUNSEL’S DIGEST

AB 453, as amended, Bigelow. Groundwater management.

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Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert 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, with certain exceptions, prohibits a local agency from adopting a new groundwater management plan and requires an existing groundwater management plan to remain in effect until a groundwater sustainability plan is adopted.

This bill would authorize, until a groundwater sustainability plan is adopted, a local agency to amend an existing groundwater management plan in furtherance of, and consistent with, the groundwater management plan’s objectives.

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(2) Existing law authorizes, until a groundwater sustainability plan is adopted, a local agency to impose fees for the purposes of groundwater management as long as a groundwater management plan adopted before January 1, 2015, is in effect for the basin.

end insert begin insert

This bill would instead authorize a local agency to impose fees and collect groundwater extraction information for developing and adopting a revised groundwater management plan.

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

end insert begin insert

This bill would prohibit the board from using water rights fee moneys in the Water Rights Fund for enforcement of the Sustainable Groundwater Management Act and certain groundwater reporting requirements.

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 1552 of the end insert begin insert Water Code end insert begin insert is amended to
read: end insert

1552.  

begin insert (a) end insert begin insert   end insert The money in the Water Rights Fund is available
for expenditure, upon appropriation by the Legislature, for the
following purposes:

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(a)

end delete

begin insert (1) end insert  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.

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(b)

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begin insert (2) end insert  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.

begin delete

(c)

end delete

begin insert (3) end insert  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.

begin delete

(d)

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begin insert (4) end insert  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.

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(e)

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begin insert (5) end insert  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.

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(b) Water rights fee moneys in the Water Rights Fund shall not
be available for expenditure by the board 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.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10730.2 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10730.2.  

(a) A groundwater sustainability agency that adopts
a groundwater sustainability 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, including a
prudent reserve.

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

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

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

(b)  begin delete Until a groundwater sustainability plan is adopted pursuant
to this part, end delete begin insert Subject to Section 10750.1, end insert a local agency may impose
fees in accordance with the procedures provided in this begin delete section end delete
begin insert chapter and collect groundwater extraction information as
provided by Sections 10725.6 and 10725.8 end insert for the purposes of
begin insert developing and adopting a revised groundwater management plan
pursuant to end insert Part 2.75 (commencing with Section begin delete 10750) as long
as a groundwater management plan adopted before January 1,
2015, is in effect for the basin. end delete begin insert 10750). end insert

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

(d) 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.

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

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Section 10750.1 of the Water Code is amended to read:

10750.1.  

(a) Beginning January 1, 2015, a new plan shall not
be begin delete adopted and an existing plan shall not be renewed pursuant to
this part, end delete begin insert adopted, end insert except as provided in subdivision (b). A plan
adopted before January 1, 2015, shall remain in effect until a
groundwater sustainability plan is adopted pursuant to Part 2.74
(commencing with Section 10720), and may be amended in
furtherance of, and consistent with, plan objectives until a
groundwater sustainability plan is adopted.

(b) This section does not apply to a low- or very low priority
basin as categorized for the purposes of Part 2.74 (commencing
with Section 10720).

(c) This section does not apply to a plan submitted as an
alternative pursuant to Section 10733.6, unless the department has
begin delete not determined that the alternative satisfies end delete begin insert determined that the
alternative does not satisfy end insert the objectives of Part 2.74 (commencing
with Section 10720) on or before January 31, 2020, or the
department later determines that the plan does not satisfy the
objectives of that part.