BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 453|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 453
Author: Salas (D)
Amended: 3/28/16 in Senate
Vote: 27 - Urgency
SENATE NATURAL RES. & WATER COMMITTEE: 7-1, 6/14/16
AYES: Pavley, Allen, Hertzberg, Hueso, Monning, Vidak, Wolk
NOES: Stone
NO VOTE RECORDED: Jackson
ASSEMBLY FLOOR: Not relevant
SUBJECT: Extraction of groundwater: Semitropic Water Storage
District
SOURCE: Semitropic Water Storage District
DIGEST: This bill grants the Semitropic Water Storage District
additional powers and authorities to impose fees and fund
projects to help manage groundwater until such time as there is
an adopted groundwater sustainability plan.
ANALYSIS:
Existing law:
1)Authorizes the creation of water storage districts (WSDs) to
operate facilities for storage and distribution of water. As
part of this operation, the WSDs have the power to set tolls
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and charges for the use of water, issue bonds, buy and sell
property, acquire property it deems necessary by condemnation;
sue o2)r be sued; and contract.
3)Requires, in high- and medium-priority groundwater basins,
groundwater sustainability agencies (GSAs) to develop and
implement groundwater sustainability plans. Among other
things, GSAs implementing such plans may:
a) Impose fees on the extraction of groundwater from the
basin to fund the costs of groundwater management.
b) Require the reporting of groundwater extractions via
meters, the cost of which would be borne by the owner of
the well.
c) Determine the quantity of groundwater extracted and
impose charges on that quantity of water, should the owner
or operator of a groundwater extraction facility fail to
timely comply with the requirements of the plan.
This bill:
1)Grant the Semitropic WSD the following additional powers and
authorities:
a) Impose fees on the extraction of groundwater from the
basin to fund the costs of groundwater management.
b) Require the reporting of groundwater extractions via
meters, the cost of which would be borne by the owner of
the well.
c) Determine the quantity of groundwater extracted and
impose charges on that quantity of water, should the owner
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or operator of a groundwater extraction facility fail to
timely comply with the requirements the district
established under this bill.
2)Authorizes fees imposed pursuant to this bill to include fixed
fees and fees charged on a volumetric basis, including 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)Applies only to Semitropic WSD.
4)Sunsets the additional powers and authorities granted by this
bill to Semitropic WSD upon adoption of a groundwater
sustainability plan for the area encompassing the district.
5)Includes a provision declaring that a special law is because
of the unique circumstances of the Semitropic WSD.
6)Declares bill is an urgency statute, the urgency being:
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.
Comments
Semitropic WSD is one of eight WSDs in California. The district
delivers water to nearly 300 customers for the irrigation of
approximately 140,000 acres in Kern County for agricultural
uses. Semitropic WSD also supplies energy to a variety of users
and provides groundwater banking and storage services.
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Kern County Subbasin. Semitropic WSD is in the northern part
Kern County and overlies a portion of the Kern County Subbasin.
The subbasin comprises 1,950,000 acres in the south end of the
San Joaquin Valley. The Department of Water Resources (DWR) has
designated it as a high-priority basin and is one of 21 basins
designated as being in critical overdraft.
Kern County GSAs. As of June 2, 2016, no one has filed notice
with DWR to be the GSA for the portion of the basin within
Semitropic WSD's service area.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/14/16)
Semitropic Water Storage District (source)
Valley Ag Water Coalition
OPPOSITION: (Verified6/14/16)
None received
ARGUMENTS IN SUPPORT: According to the author, "The
groundwater basin that the Semitropic WSD relies on is subject
to critical overdraft; one of 21 basins with such a designation
by the Department of Water Resources (DWR). These basins must
adopt a groundwater sustainability plan by 2020. Funding early
actions ahead of 2020 will allow the District to implement
projects and programs that will help achieve local
sustainability goals. However, under existing law, the District
lacks the authority to implement the provisions outlined in SGMA
[Sustainable Groundwater Management Act]. Therefore, absent the
Legislature granting authority, a water storage district cannot
fund projects and programs directly related to groundwater
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replenishment until their basin is covered within the boundaries
of a groundwater sustainability agency."
Prepared by:Dennis O'Connor / N.R. & W. / (916) 651-4116
6/15/16 17:24:36
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