BILL NUMBER: AB 453 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 11, 2015
INTRODUCED BY Assembly Member Bigelow
FEBRUARY 23, 2015
An act to amend Section Sections 1552,
10730.2, and 10750.1 of the Water Code, relating to
groundwater.
LEGISLATIVE COUNSEL'S DIGEST
AB 453, as amended, Bigelow. Groundwater management.
Existing
(1) 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, 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.
(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.
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.
(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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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) 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.
SEC. 2. Section 10730.2 of the Water
Code is amended to read:
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) Until a groundwater sustainability plan is adopted
pursuant to this part, Subject to Section 10750.1,
a local agency may impose fees in accordance with the
procedures provided in this section chapter
and collect groundwater extraction information as provided by
Sections 10725.6 and 10725.8 for the purposes of
developing and adopting a revised groundwater management plan
pursuant to Part 2.75 (commencing with Section 10750)
as long as a groundwater management plan adopted before January 1,
2015, is in effect for the basin. 10750).
(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.
SECTION 1. SEC. 3. Section 10750.1
of the Water Code is amended to read:
10750.1. (a) Beginning January 1, 2015, a new plan shall not be
adopted and an existing plan shall not be renewed pursuant
to this part, adopted, 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
not determined that the alternative satisfies
determined that the alternative does not satisfy 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.