AB 454, as introduced, Bigelow. Sustainable groundwater management.
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.
This bill would require a high- or medium-priority basin that is not subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plan by January 31, 2023.
The act authorizes the state board to designate a high- or medium- priority basin that is not subject to critical conditions of overdraft as a probationary basin after January 31, 2025, if the determination is made that the plan is either inadequate or not being implemented in a manner that will likely achieve the sustainability goal and the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface water.
This bill would change that date to January 31, 2026.
The act authorizes the state board to designate a basin as a probationary basin if after June 30, 2017, there is not a groundwater sustainability agency or coordinated groundwater sustainability agencies for an entire high- or medium- priority basin, and no local agency has submitted an alternative.
This bill would change that date to June 30, 2018.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 5202 of the Water Code is amended to
2read:
(a) This section applies to a person who does either of
4the following:
5(1) Extracts groundwater from a probationary basin 90 days or
6more after the board designates the basin as a probationary basin
7pursuant to Section 10735.2.
8(2) Extracts groundwater on or after July 1,begin delete 2017,end deletebegin insert 2018,end insert in an
9area within a basin that is not within the management area of a
10groundwater sustainability agency and where the county does not
11assume responsibility to be the groundwater sustainability agency,
12as provided in subdivision (b) of
Section 10724.
13(b) Except as provided in subdivision (c), a person subject to
14this section shall file a report of groundwater extraction by
15December 15 of each year for extractions made in the preceding
16water year.
17(c) Unless reporting is required pursuant to paragraph (2) of
18subdivision (c) of Section 10735.2, this section does not apply to
19any of the following:
20(1) An extraction by a de minimis extractor.
21(2) An extraction excluded from reporting pursuant to paragraph
22(1) of subdivision (c) of Section 10735.2.
23(3) An extraction reported pursuant to Part 5 (commencing with
24Section 4999).
25(4) An extraction that is included in
annual reports filed with a
26court or the board by a watermaster appointed by a court or
P3 1pursuant to statute to administer a final judgment determining
2rights to water. The reports shall identify the persons who have
3extracted water and give the general place of use and the quantity
4of water that has been extracted from each source.
5(d) Except as provided in Section 5209, the report shall be filed
6with the board.
7(e) The report may be filed by the person extracting water or
8on that person’s behalf by an agency that person designates and
9that maintains a record of the water extracted.
10(f) Each report shall be accompanied by the fee imposed
11pursuant to Section 1529.5.
Section 10720.7 of the Water Code is amended to read:
(a) (1) By January 31, 2020, all basins designated
14as high- or medium-priority basins by the department that have
15been designated in Bulletin 118, as may be updated or revised on
16or before January 1, 2017, as basins that are subject to critical
17conditions of overdraft shall be managed under a groundwater
18sustainability plan or coordinated groundwater sustainability plans
19pursuant to this part.
20(2) By January 31,begin delete 2022,end deletebegin insert 2023,end insert all basins designated as high-
21or medium-priority basins by the department that are not subject
22to paragraph (1) shall be managed
under a groundwater
23sustainability plan or coordinated groundwater sustainability plans
24pursuant to this part.
25(b) The Legislature encourages and authorizes basins designated
26as low- and very low priority basins by the department to be
27managed under groundwater sustainability plans pursuant to this
28part. Chapter 11 (commencing with Section 10735) does not apply
29to a basin designated as a low- or very low priority basin.
Section 10724 of the Water Code is amended to read:
(a) In the event that there is an area within a basin that
32is not within the management area of a groundwater sustainability
33agency, the county within which that unmanaged area lies will be
34presumed to be the groundwater sustainability agency for that area.
35(b) A county described in subdivision (a) shall provide
36notification to the department pursuant to Section 10723.8 unless
37the county notifies the department that it will not be the
38groundwater sustainability agency for the area. Extractions of
39groundwater made on or after July 1,begin delete 2017,end deletebegin insert 2018,end insert in that area shall
40be subject to
reporting in accordance with Part 5.2 (commencing
P4 1with Section 5200) of Division 2 if the county does either of the
2following:
3(1) Notifies the department that it will not be the groundwater
4sustainability agency for an area.
5(2) Fails to provide notification to the department pursuant to
6Section 10723.8 for an area on or before June 30,begin delete 2017.end deletebegin insert 2018.end insert
Section 10735.2 of the Water Code is amended to read:
(a) The board, after notice and a public hearing, may
9designate a basin as a probationary basin, if the board finds one
10or more of the following applies to the basin:
11(1) After June 30,begin delete 2017,end deletebegin insert 2018,end insert none of the following have
12occurred:
13(A) A local agency has elected to be a groundwater
14sustainability agency that intends to develop a groundwater
15sustainability plan for the entire basin.
16(B) A collection of local agencies has formed a groundwater
17
sustainability agency or prepared agreements to develop one or
18more groundwater sustainability plans that will collectively serve
19as a groundwater sustainability plan for the entire basin.
20(C) A local agency has submitted an alternative that has been
21approved or is pending approval pursuant to Section 10733.6. If
22the department disapproves an alternative pursuant to Section
2310733.6, the board shall not act under this paragraph until at least
24180 days after the department disapproved the alternative.
25(2) The basin is subject to paragraph (1) of subdivision (a) of
26Section 10720.7, and after January 31, 2020, none of the following
27have occurred:
28(A) A groundwater sustainability agency has adopted a
29groundwater sustainability plan for the entire basin.
30(B) A collection of local agencies has adopted groundwater
31sustainability plans that collectively serve as a groundwater
32sustainability plan for the entire basin.
33(C) The department has approved an alternative pursuant to
34Section 10733.6.
35(3) The basin is subject to paragraph (1) of subdivision (a) of
36Section 10720.7 and after January 31, 2020, the department, in
37consultation with the board, determines that a groundwater
38sustainability plan is inadequate or that the groundwater
39sustainability program is not being implemented in a manner that
40will likely achieve the sustainability goal.
P5 1(4) The basin is subject to paragraph (2) of subdivision (a) of
2Section 10720.7, and after January 31,begin delete 2022,end deletebegin insert
2023,end insert none of the
3following have occurred:
4(A) A groundwater sustainability agency has adopted a
5groundwater sustainability plan for the entire basin.
6(B) A collection of local agencies has adopted groundwater
7sustainability plans that collectively serve as a groundwater
8sustainability plan for the entire basin.
9(C) The department has approved an alternative pursuant to
10Section 10733.6.
11(5) The basin is subject to paragraph (2) of subdivision (a) of
12Section 10720.7, and either of the following have occurred:
13(A) After January 31,begin delete 2022,end deletebegin insert
2023,end insert both of the following have
14occurred:
15(i) The department, in consultation with the board, determines
16that a groundwater sustainability plan is inadequate or that the
17groundwater sustainability plan is not being implemented in a
18manner that will likely achieve the sustainability goal.
19(ii) The board determines that the basin is in a condition of
20long-term overdraft.
21(B) After January 31,begin delete 2025,end deletebegin insert 2026,end insert both of the following have
22occurred:
23(i) The department, in consultation with the board, determines
24that a groundwater
sustainability plan is inadequate or that the
25groundwater sustainability plan is not being implemented in a
26manner that will likely achieve the sustainability goal.
27(ii) The board determines that the basin is in a condition where
28groundwater extractions result in significant depletions of
29interconnected surface waters.
30(b) In making the findings associated with paragraph (3) or (5)
31of subdivision (a), the department and board may rely on periodic
32assessments the department has prepared pursuant to Chapter 10
33(commencing with Section 10733). The board may request that
34the department conduct additional assessments utilizing the
35regulations developed pursuant to Chapter 10 (commencing with
36Section 10733) and make determinations pursuant to this section.
37The board shall post on its Internet Web site and provide at least
3830 days for the public to comment on any determinations provided
39
by the department pursuant to this subdivision.
P6 1(c) (1) The determination may exclude a class or category of
2extractions from the requirement for reporting pursuant to Part 5.2
3(commencing with Section 5200) of Division 2 if those extractions
4are subject to a local plan or program that adequately manages
5groundwater within the portion of the basin to which that plan or
6program applies, or if those extractions are likely to have a minimal
7impact on basin withdrawals.
8(2) The determination may require reporting of a class or
9category of extractions that would otherwise be exempt from
10reporting pursuant to paragraph (1) of subdivision (c) of Section
115202 if those extractions are likely to have a substantial impact on
12basin withdrawals or requiring reporting of those extractions is
13reasonably necessary to obtain information for purposes of this
14chapter.
15(3) The determination may establish requirements for
16information required to be included in reports of groundwater
17extraction, for installation of measuring devices, or for use of a
18methodology, measuring device, or both, pursuant to Part 5.2
19(commencing with Section 5200) of Division 2.
20(4) The determination may modify the water year or reporting
21date for a report of groundwater extraction pursuant to Section
225202.
23(d) If the board finds that litigation challenging the formation
24of a groundwater sustainability agency prevented its formation
25before July 1,begin delete 2017,end deletebegin insert 2018,end insert pursuant to paragraph (1) of subdivision
26(a) or prevented a
groundwater sustainability program from being
27implemented in a manner likely to achieve the sustainability goal
28pursuant to paragraph (3), (4), or (5) of subdivision (a), the board
29shall not designate a basin as a probationary basin for a period of
30time equal to the delay caused by the litigation.
31(e) The board shall exclude from probationary status any portion
32of a basin for which a groundwater sustainability agency
33demonstrates compliance with the sustainability goal.
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