BILL ANALYSIS Ó
AB 453
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
453 (Salas)
As Amended August 8, 2016
2/3 vote. Urgency
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|ASSEMBLY: |78-1 |(April 16, |SENATE: |35-2 |(August 18, |
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|COMMITTEE VOTE: | | (August 25, |RECOMMENDATION: |concur |
| |12-0 |2016) | | |
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(W., P., & W.)
Original Committee Reference: W., P., & W.
SUMMARY: This bill would authorize the Semitropic Water Storage
District (District) to impose fees on groundwater extraction,
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and require the reporting of groundwater extraction with the
ability to verify the reported information to fund the cost of
groundwater management projects which have completed
environmental review before January 1, 2020. Specifically, this
bill:
1)Grants the District the following powers and authorities:
a) To impose fees on the extraction of groundwater from the
basin to fund the costs of the Tulare Lake Storage and
Floodwater Protection Project and any other groundwater
storage or recharge project for which the District
completes an environmental review before January 1, 2020.
b) To require the reporting of groundwater extractions via
meters, the cost of which would be borne by the owner of
the well.
c) To 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.
2)Requires fees adopted to be in accordance with the provisions
of Proposition 218 of 1996, and permits fixed fees and fees
charged on a volumetric basis.
3)Requires a project to comply with the California Environmental
Quality Act (CEQA), water rights, the Sustainable Groundwater
Management Act (SGMA), and all applicable laws.
4)Is an urgency statute necessary for the District to pursue
early implementation of storage and groundwater projects that
are needed in order to help recover the Kern County
Groundwater Basin.
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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 and charges for the use of water, issue bonds, buy and
sell property, acquire property it deems necessary by
condemnation, sue or be sued, and contract.
2)SGMA requires, in high- and medium-priority groundwater
basins, groundwater sustainability agencies (GSAs) to form by
July 1, 2017, and develop and implement groundwater
sustainability plans (GSPs). 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.
FISCAL EFFECT: This bill is keyed non-fiscal by the Legislative
Counsel.
COMMENTS: The original version of this bill addressed whether a
local agency could amend its existing non-SGMA compliant
groundwater management plan prior to developing a GSP that is
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SGMA compliant.
According to the author the groundwater basin that the District
relies on is subject to critical overdraft; one of 21 basins
with such a designation by the DWR. These basins must adopt a
GSP 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. Therefore, absent the Legislature
granting authority, a water storage district cannot fund
projects and programs directly related to groundwater
replenishment until their basin is covered within the boundaries
of a GSA.
The District is one of eight water storage districts in
California and is the largest in Kern County. The District
began operation in the early 1990's and is one of the largest
groundwater banks in operation with an approved storage capacity
of at least 1.65 million acre feet. The District delivers water
to nearly 300 customers for the irrigation of approximately
140,000 acres for agricultural uses. The District also supplies
energy to a variety of users and provides groundwater banking
and storage services.
The District is in the northern part of 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
DWR has designated it as a high-priority basin and it is one of
21 basins designated as being in critical overdraft.
According to the concept paper received by the California Water
Commission on March 31, 2016, the Tulare Lake Storage and
Floodwater Protection Project will create additional surface
storage as well as expand groundwater conjunctive use capacity
and has an estimated cost of $500 million dollars. The Project
is expected to, among other things, provide improved local water
supply reliability, operational flexibility to meet Delta
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ecosystem needs, regional flood protection benefits, wildlife
habitat and recreation opportunities, and water quality
improvements.
A GSA could have similar authority as this bill gives to the
District. There is no GSA that has filed notice to cover the
entire area within the boundaries of the District. However, as
of August 3, 2016, the West Kern Water District has filed notice
with the Department of Water Resources to be a GSA for a portion
of the basin within the District.
While there are alternatives to achieve the authority this bill
gives to the District the bill will provide for a more direct
and immediate path to achieving that authority.
Analysis Prepared by:
Ryan Ojakian / W., P., & W. / (916) 319-2096
FN: 0004927