Amended in Senate August 8, 2016

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 Salas

February 23, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

AB 453, as amended, Salas. 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. begin delete 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 delete

This bill would authorize the Semitropic Water Storage begin delete District, in accordance with certain procedures in the act, to impose fees and end delete begin insert District to end insert collect groundwater extraction begin delete information. end delete begin insert information and to require the reporting of groundwater information, as specified. end insert This bill would authorize the district to impose fees on the extraction of groundwater from the begin delete 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 delete begin insert basin, as prescribed. end insert

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.

Vote: 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” begin delete has the same meaning as defined in Section 10721. end delete

begin insert means the Kern County Groundwater Basin, as defined in Bulletin
118. end insert

(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

(d) “Management area” means the portion of the basin within
the boundaries of the district where the district has jurisdiction to
implement specific management practices.

end insert begin insert

(e) “Project” means the “Tulare Lake Storage and Floodwater
Protection Project” as described in the concept paper received
by the California Water Commission on March 31, 2016, and any
other groundwater storage or recharge project authorized by the
district and for which the district completes environmental review
on or before January 1, 2020.

end insert

44202.  

begin delete The provisions of this chapter apply end delete begin insert This chapter
applies end insert only to the district. begin delete 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. end delete

begin delete

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.

end delete begin insert

begin insert 44204. end insert   

(a) The district may collect groundwater extraction
information and require the reporting of groundwater information
within the management area and, in furtherance of that goal, may
do the following:

(1) Require registration of groundwater extraction facilities
within the management area.

(2) Require that the use of every groundwater extraction facility
within the management area be measured by a water-measuring
device satisfactory to the district.

(3) Require that all costs associated with the purchase and
installation of the water-measuring device pursuant to paragraph
(2) be borne by the owner or operator of each groundwater
extraction facility. 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.

(4) Require that the owner or operator of a groundwater
extraction facility within the management area file an annual
statement with the district setting forth the total extraction in
acre-feet of groundwater from the facility during the previous year.

(b) In addition to the measurement of groundwater extractions
pursuant to subdivision (a), the district may use any other
reasonable method to determine groundwater extraction.

(c) The district may exempt from this section a person who, for
domestic purposes, extracts two acre-feet or less of groundwater
per year.

end insert begin insert

begin insert 44206. 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 imposing assessments in whole or in part, the district
may impose fees on the extraction of groundwater from the basin
to fund the costs of the following:

(1) Design, administration, operation, and maintenance of a
project, including a prudent reserve.

(2) Acquisition of lands or other properties, facilities, and
services to implement a project.

(3) Other costs directly related to design, implementation,
maintenance, and operation of a project.

(b) (1) If the owner or operator of a groundwater extraction
facility fails to timely comply with the requirements for reporting
groundwater extractions pursuant to Section 44204, the district
may make a determination of the quantity of groundwater extracted
following an investigation. The determined amount shall not exceed
the maximum production capacity of the groundwater extraction
facility. The district shall mail notice to the owner or operator of
the district’s determination of the quantity of groundwater
extracted.

(2) The groundwater charges based on the determination
pursuant to paragraph (1), 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 grounds for protesting the amount of
groundwater extraction or groundwater charges, interest, or
penalties.

(3) If a protest is filed pursuant to paragraph (2), the district
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.

(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) 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 44208. end insert   

(a) This chapter shall not be construed as state
approval, authorization, or funding of a project, including, but
not limited to, funding available pursuant to the Water Quality,
Supply, and Infrastructure Improvement Act of 2014.

(b) A project shall comply with all applicable state laws,
including, but not limited to, Division 13 (commencing with Section
21000) of the Public Resources Code, Division 2 (commencing
with Section 1000), and Part 2.74 (commencing with Section
10720) of Division 6.

end insert

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 begin delete timely
implement actions to recover a groundwater basin subject to critical
overdraft, end delete begin insert pursue early implementation of storage and groundwater
projects that are needed in order to help recover the Kern County
Groundwater Basin, which is listed by the Department of Water
Resources as a critically overdrafted basin, end insert it is necessary that
this act take effect immediately.