BILL NUMBER: AB 453 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 6, 2015
AMENDED IN SENATE JUNE 11, 2015
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 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 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. provide that moneys in the
Water Rights Fund from fees imposed to recover costs
incurred in administering the Sustainable Groundwater Management Act
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.
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 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.
SECTION 1. Section 1552 of the Water
Code is amended to read:
1552. (a) 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:
(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) (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.
(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.
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, a local agency may impose fees in accordance with the
procedures provided in this section chapter,
and collect groundwater extraction information as provided in
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. 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.
(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
not determined that the alternative does not
satisfy satisfies 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.