BILL NUMBER: AB 454 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bigelow
FEBRUARY 23, 2015
An act to amend Sections 5202, 10720.7, 10724, and 10735.2 of the
Water Code, relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 5202 of the Water Code is amended to read:
5202. (a) This section applies to a person who does either of the
following:
(1) Extracts groundwater from a probationary basin 90 days or more
after the board designates the basin as a probationary basin
pursuant to Section 10735.2.
(2) Extracts groundwater on or after July 1, 2017,
2018, in an area within a basin that is not
within the management area of a groundwater sustainability agency and
where the county does not assume responsibility to be the
groundwater sustainability agency, as provided in subdivision (b) of
Section 10724.
(b) Except as provided in subdivision (c), a person subject to
this section shall file a report of groundwater extraction by
December 15 of each year for extractions made in the preceding water
year.
(c) Unless reporting is required pursuant to paragraph (2) of
subdivision (c) of Section 10735.2, this section does not apply to
any of the following:
(1) An extraction by a de minimis extractor.
(2) An extraction excluded from reporting pursuant to paragraph
(1) of subdivision (c) of Section 10735.2.
(3) An extraction reported pursuant to Part 5 (commencing with
Section 4999).
(4) An extraction that is included in annual reports filed with a
court or the board by a watermaster appointed by a court or pursuant
to statute to administer a final judgment determining rights to
water. The reports shall identify the persons who have extracted
water and give the general place of use and the quantity of water
that has been extracted from each source.
(d) Except as provided in Section 5209, the report shall be filed
with the board.
(e) The report may be filed by the person extracting water or on
that person's behalf by an agency that person designates and that
maintains a record of the water extracted.
(f) Each report shall be accompanied by the fee imposed pursuant
to Section 1529.5.
SEC. 2. Section 10720.7 of the Water Code is amended to read:
10720.7. (a) (1) By January 31, 2020, all basins designated as
high- or medium-priority basins by the department that have been
designated in Bulletin 118, as may be updated or revised on or before
January 1, 2017, as basins that are subject to critical conditions
of overdraft shall be managed under a groundwater sustainability plan
or coordinated groundwater sustainability plans pursuant to this
part.
(2) By January 31, 2022, 2023, all
basins designated as high- or medium-priority basins by the
department that are not subject to paragraph (1) shall be managed
under a groundwater sustainability plan or coordinated groundwater
sustainability plans pursuant to this part.
(b) The Legislature encourages and authorizes basins designated as
low- and very low priority basins by the department to be managed
under groundwater sustainability plans pursuant to this part. Chapter
11 (commencing with Section 10735) does not apply to a basin
designated as a low- or very low priority basin.
SEC. 3. Section 10724 of the Water Code is amended to read:
10724. (a) In the event that there is an area within a basin that
is not within the management area of a groundwater sustainability
agency, the county within which that unmanaged area lies will be
presumed to be the groundwater sustainability agency for that area.
(b) A county described in subdivision (a) shall provide
notification to the department pursuant to Section 10723.8 unless the
county notifies the department that it will not be the groundwater
sustainability agency for the area. Extractions of groundwater made
on or after July 1, 2017, 2018, in that
area shall be subject to reporting in accordance with Part 5.2
(commencing with Section 5200) of Division 2 if the county does
either of the following:
(1) Notifies the department that it will not be the groundwater
sustainability agency for an area.
(2) Fails to provide notification to the department pursuant to
Section 10723.8 for an area on or before June 30, 2017.
2018.
SEC. 4. Section 10735.2 of the Water Code is amended to read:
10735.2. (a) The board, after notice and a public hearing, may
designate a basin as a probationary basin, if the board finds one or
more of the following applies to the basin:
(1) After June 30, 2017, 2018, none
of the following have occurred:
(A) A local agency has elected to be a groundwater sustainability
agency that intends to develop a groundwater sustainability plan for
the entire basin.
(B) A collection of local agencies has formed a groundwater
sustainability agency or prepared agreements to develop one or more
groundwater sustainability plans that will collectively serve as a
groundwater sustainability plan for the entire basin.
(C) A local agency has submitted an alternative that has been
approved or is pending approval pursuant to Section 10733.6. If the
department disapproves an alternative pursuant to Section 10733.6,
the board shall not act under this paragraph until at least 180 days
after the department disapproved the alternative.
(2) The basin is subject to paragraph (1) of subdivision (a) of
Section 10720.7, and after January 31, 2020, none of the following
have occurred:
(A) A groundwater sustainability agency has adopted a groundwater
sustainability plan for the entire basin.
(B) A collection of local agencies has adopted groundwater
sustainability plans that collectively serve as a groundwater
sustainability plan for the entire basin.
(C) The department has approved an alternative pursuant to Section
10733.6.
(3) The basin is subject to paragraph (1) of subdivision (a) of
Section 10720.7 and after January 31, 2020, the department, in
consultation with the board, determines that a groundwater
sustainability plan is inadequate or that the groundwater
sustainability program is not being implemented in a manner that will
likely achieve the sustainability goal.
(4) The basin is subject to paragraph (2) of subdivision (a) of
Section 10720.7, and after January 31, 2022,
2023, none of the following have occurred:
(A) A groundwater sustainability agency has adopted a groundwater
sustainability plan for the entire basin.
(B) A collection of local agencies has adopted groundwater
sustainability plans that collectively serve as a groundwater
sustainability plan for the entire basin.
(C) The department has approved an alternative pursuant to Section
10733.6.
(5) The basin is subject to paragraph (2) of subdivision (a) of
Section 10720.7, and either of the following have occurred:
(A) After January 31, 2022, 2023,
both of the following have occurred:
(i) The department, in consultation with the board, determines
that a groundwater sustainability plan is inadequate or that the
groundwater sustainability plan is not being implemented in a manner
that will likely achieve the sustainability goal.
(ii) The board determines that the basin is in a condition of
long-term overdraft.
(B) After January 31, 2025, 2026,
both of the following have occurred:
(i) The department, in consultation with the board, determines
that a groundwater sustainability plan is inadequate or that the
groundwater sustainability plan is not being implemented in a manner
that will likely achieve the sustainability goal.
(ii) The board determines that the basin is in a condition where
groundwater extractions result in significant depletions of
interconnected surface waters.
(b) In making the findings associated with paragraph (3) or (5) of
subdivision (a), the department and board may rely on periodic
assessments the department has prepared pursuant to Chapter 10
(commencing with Section 10733). The board may request that the
department conduct additional assessments utilizing the regulations
developed pursuant to Chapter 10 (commencing with Section 10733) and
make determinations pursuant to this section. The board shall post on
its Internet Web site and provide at least 30 days for the public to
comment on any determinations provided by the department pursuant to
this subdivision.
(c) (1) The determination may exclude a class or category of
extractions from the requirement for reporting pursuant to Part 5.2
(commencing with Section 5200) of Division 2 if those extractions are
subject to a local plan or program that adequately manages
groundwater within the portion of the basin to which that plan or
program applies, or if those extractions are likely to have a minimal
impact on basin withdrawals.
(2) The determination may require reporting of a class or category
of extractions that would otherwise be exempt from reporting
pursuant to paragraph (1) of subdivision (c) of Section 5202 if those
extractions are likely to have a substantial impact on basin
withdrawals or requiring reporting of those extractions is reasonably
necessary to obtain information for purposes of this chapter.
(3) The determination may establish requirements for information
required to be included in reports of groundwater extraction, for
installation of measuring devices, or for use of a methodology,
measuring device, or both, pursuant to Part 5.2 (commencing with
Section 5200) of Division 2.
(4) The determination may modify the water year or reporting date
for a report of groundwater extraction pursuant to Section 5202.
(d) If the board finds that litigation challenging the formation
of a groundwater sustainability agency prevented its formation before
July 1, 2017, 2018, pursuant to
paragraph (1) of subdivision (a) or prevented a groundwater
sustainability program from being implemented in a manner likely to
achieve the sustainability goal pursuant to paragraph (3), (4), or
(5) of subdivision (a), the board shall not designate a basin as a
probationary basin for a period of time equal to the delay caused by
the litigation.
(e) The board shall exclude from probationary status any portion
of a basin for which a groundwater sustainability agency demonstrates
compliance with the sustainability goal.