Amended in Senate July 6, 2015

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 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.

(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 begin insert plan as long as a groundwater management plan adopted before January 1, 2015, is in effect. This bill would require an ordinance or resolution imposing these fees to specify that authority to collect the fee terminates upon adoption of a groundwater sustainability end insert 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 begin delete 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. end delete begin insert provide that moneys in the Water Rights Fund end insert begin insert from fees imposed to recover costs incurred in administering the Sustainable Groundwater Management Act end insert begin insert are available for expenditure for the purpose of the Sustainable Groundwater Management Act and certain groundwater reporting requirements. This bill would provide that if the expenditures for the purpose of the act and the groundwater reporting requirements exceed the moneys available from those fees imposed to recover costs incurred in administering the act, that other moneys in the fund can be expended for these purposes if the fund will be replenished, as prescribed. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin delete

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:

(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.

(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.

(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.

(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.

(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) Subject to Section 10750.1, a local agency may impose fees
in accordance with the procedures provided in this 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).

(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.

end delete

begin insert

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 Except as provided in subdivision (e) of Section
1058.5, moneys in the Water Rights Fund are available for
expenditure, upon appropriation by the Legislature, for the
following purposes:

begin delete

(a)

end delete

begin insert ( end insert 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.

begin delete

(b)

end delete

begin insert ( end insert 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 ( end insert 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)

end delete

begin insert ( end insert 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.

begin delete

(e)

end delete

begin insert ( end insert 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.

begin insert

(b) (1) Fees imposed pursuant to Section 1529.5 are available
for expenditure pursuant to Part 5.2 (commencing with Section
5200) or Chapter 11 (commencing with Section 10735) of Part
2.74 of Division 6.

end insert begin insert

(2) Fees collected pursuant to this chapter, other than fees
imposed pursuant to Section 1529.5, are available for expenditure
pursuant to Part 5.2 (commencing with Section 5200) or Chapter
11 (commencing with Section 10735) of Part 2.74 of Division 6
only if the expenditures exceed the amounts collected from fees
imposed pursuant to Section 1529.5 and the Water Rights Fund
will be replenished for expenditures pursuant to this paragraph
through fees imposed pursuant to Section 1529.5 or a source other
than the fees collected pursuant to this chapter.

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)  Until a groundwater sustainability plan is adopted pursuant
to this part, 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 in 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 10750) as long as a groundwater
management plan adopted before January 1, 2015, is in begin delete effect for
the basin. end delete begin insert effect. An ordinance or resolution imposing a fee
pursuant to this subdivision shall specify that authority to collect
the fee terminates upon adoption of a groundwater sustainability
plan. 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.

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, 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 insert not end insert determined that the alternative begin delete does not satisfy end delete begin insert satisfies 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.