BILL NUMBER: AB 453	AMENDED
	BILL TEXT

	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

INTRODUCED BY   Assembly Member  Bigelow   Salas


                        FEBRUARY 23, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 453, as amended,  Bigelow   Salas  .
 Groundwater management.   Extraction of
groundwater: Semitropic Water Storage District.  
   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.  
   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.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Semitropic Water Storage
District.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   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 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.  
   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. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 7 (commencing with Section
44200) is added to Part 6 of Division 14 of the   Water Code
  , to read:  
      CHAPTER 7.  SEMITROPIC WATER STORAGE DISTRICT


   44200.   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.
   44202.  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.
   44204.  (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.
   44206.  (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. 
   SEC. 2.    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. 
   SEC. 3.    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:
 
   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.
 
  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.