BILL NUMBER: AB 453 AMENDED
BILL TEXT
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
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. 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 District to collect groundwater
extraction information. information and to
require the reporting of groundwater information, as specified.
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.
basin, as prescribed.
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" has the same meaning as defined in Section
10721. means the Kern County Groundwater Basin, as
defined in Bulletin 118.
(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.
(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.
(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.
44202. The provisions of this chapter apply
This chapter applies 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.
44204. (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.
44206. (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.
44208. (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.
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, 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, it is necessary that this act take effect immediately.