Amended in Senate March 28, 2016

Amended in Senate September 4, 2015

Amended in Senate July 16, 2015

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 begin delete Bigelow end delete begin insert Salas end insert

February 23, 2015

An act to begin delete amend Section 10730.2 end delete begin insert add Chapter 7 (commencing with Section 44200) to Part 6 of Division 14 end insert of the Water Code, relating to begin delete groundwater. end delete begin insert groundwater, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 453, as amended, begin delete Bigelow end delete   begin insert Salas end insert . begin delete Groundwater management. end delete begin insert Extraction of groundwater: Semitropic Water Storage District. end insert

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The California Water Storage District Law authorizes the formation of water storage districts, as prescribed, with specified powers. 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. The act authorizes a groundwater sustainability agency to require registration of a groundwater extraction facility and, through a groundwater sustainability plan, require that the use of every groundwater extraction facility be measured by a water-measuring device. The act authorizes a local agency to impose certain fees for the purposes of groundwater management planning until a groundwater sustainability plan is adopted 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 authorize the Semitropic Water Storage District, in accordance with certain procedures in the act, to impose fees and collect groundwater extraction information. This bill would authorize the district to impose fees on the extraction of groundwater from the basin to fund the costs of groundwater management and to require reporting of groundwater extractions. This bill would authorize the district to exercise these powers and authorities until a groundwater sustainability plan has been adopted for the area encompassing the district.

end insert begin insert

This bill would make legislative findings and declarations as to the necessity of a special statute for the Semitropic Water Storage District.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert begin delete

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.

end delete begin delete

Existing law requires a groundwater management plan to contain specified components and sets certain requirements on a local agency seeking state funds administered by the department for groundwater projects or groundwater quality projects. 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 delete begin delete

This bill would authorize, until a groundwater sustainability plan is adopted, a local agency that has adopted a groundwater management plan to impose fees on the extraction of groundwater from the basin to fund costs of groundwater management and to collect groundwater extraction information, as long as a groundwater management plan adopted before January 1, 2015, is in effect. This bill would require a local agency to specify in an ordinance or resolution imposing a fee on the extraction of groundwater from the basin that the fee does not apply to any period after adoption of a groundwater sustainability plan.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 7 (commencing with Section 44200) is
added to Part 6 of Division 14 of the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 7. end insert Semitropic Water Storage District

 

begin insert 44200. end insert   

Unless the context otherwise requires, the following
definitions govern the construction of this chapter:

(a) “Basin” has the same meaning as defined in Section 10721.

(b) “District” means the Semitropic Water Storage District and
its improvement districts.

(c) “Groundwater extraction facility” has the same meaning
as defined in Section 10721.

begin insert 44202. end insert   

The provisions of this chapter apply only to the district.
The district may exercise the powers and authorities granted by
this chapter until a groundwater sustainability plan has been
adopted pursuant to Part 2.74 (commencing with Section 10720)
of Division 6 for the area encompassing the district.

begin insert 44204. end insert   

(a) In addition to levying assessments or fixing tolls
and charges pursuant to Part 9 (commencing with Section 46000)
and in lieu of calling assessments in whole or in part, the district
may do the following:

(1) Impose fees in accordance with the procedures provided in
Chapter 8 (commencing with Section 10730) of Part 2.74 of
Division 6.

(2) Collect groundwater extraction information, as provided in
Sections 10725.6 and 10725.8, as long as the district has adopted
a groundwater management plan pursuant to Part 2.75
(commencing with Section 10750) before January 1, 2015, and
that plan is in effect.

(b) A fee imposed pursuant to this section does not apply after
the adoption of a groundwater sustainability plan for the area
encompassing the district.

begin insert 44206. end insert   

(a) The district shall have the following powers and
authorities:

(1) To impose fees on the extraction of groundwater from the
basin to fund the costs of groundwater management, including,
but not limited to, the costs of the following:

(A) Administration, operation, and maintenance, including a
prudent reserve.

(B) Acquisition of lands or other properties, facilities, and
services.

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

(2) To require the reporting of groundwater extractions as
follows:

(A) The district may require every groundwater extraction
facility within the service area of the district to be measured by a
water-measuring device satisfactory to the district.

(B) All costs associated with the purchase and installation of
the water-measuring device shall be borne by the owner or
operator of each groundwater extraction facility. The water
measuring devices shall be installed by the district or, at the
district’s option, by the owner or operator of the groundwater
extraction facility. Water-measuring devices shall be calibrated
on a reasonable schedule as may be determined by the district.

(C) The district may require that the owner or operator of a
groundwater extraction facility within the district file an annual
statement with the district setting forth the total extraction in
acre-feet of groundwater from the facility during the previous
water year.

(D) In addition to the measurement of groundwater extractions
pursuant to subparagraph (A), the district may use any other
reasonable method to determine groundwater extraction.

(E) If the owner or operator of a groundwater extraction facility
fails to timely comply with the requirements for reporting
groundwater extractions pursuant to this paragraph, the district
board may, following an investigation, make a determination of
the quantity of groundwater extracted and the amount shall not
exceed the maximum production capacity of the groundwater
extraction facility. The determination of the district board shall
be conclusive on the owner or operator of the groundwater
extraction facility. The groundwater charges based on this
determination, together with any interest and penalties, shall be
payable immediately unless within 20 days after the district’s
mailing of notice to the owner or operator of the district’s
determination, the owner or operator files with the district a written
protest setting forth the ground for protesting the amount of
groundwater extraction or the groundwater charges, interest, and
penalties. If a protest is filed pursuant to this subparagraph, the
district board shall hold a hearing to determine the total amount
of groundwater extracted and the groundwater charges, interest,
and penalties. Notice of the hearing shall be mailed to each
protestant at least 20 days before the date fixed for the hearing.

(b) (1) 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.

(2) 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.

(3) Fees imposed pursuant to this chapter shall be collected in
the same manner as otherwise provided in Article 4 (commencing
with Section 47180) of Chapter 7 of Part 9.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances of the Semitropic
Water Storage District.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order for the Semitropic Water Storage District to timely
implement actions to recover a groundwater basin subject to
critical overdraft, it is necessary that this act take effect
immediately.

end insert

begin delete

SECTION 1.  

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 that has adopted a groundwater
management plan pursuant to Part 2.75 (commencing with Section
10750) may impose fees pursuant to subdivision (a) in accordance
with the procedures provided in this chapter, and may collect
groundwater extraction information, as provided in Sections
10725.6 and 10725.8, as long as a groundwater management plan
adopted before January 1, 2015, is in effect. A local agency shall
specify in an ordinance or resolution imposing a fee pursuant to
this subdivision that the fee does not apply to any period after
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.

end delete