BILL NUMBER: AB 936 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2015
INTRODUCED BY Assembly Member Salas
(Coauthor: Assembly Member Mathis)
FEBRUARY 26, 2015
An act to amend Section 10933.7 of the Water Code, relating to
groundwater.
LEGISLATIVE COUNSEL'S DIGEST
AB 936, as amended, Salas. Groundwater monitoring.
Existing law establishes a groundwater monitoring program pursuant
to which specified entities may propose to be designated by the
Department of Water Resources as groundwater monitoring entities, as
defined, for the purposes of monitoring and reporting with regard to
groundwater elevations in all or part of a groundwater basin or
subbasin. Existing law requires the department to identify the extent
of monitoring of groundwater elevations that is being undertaken in
groundwater basins and subbasins, and if the department determines
that all or part of a basin or subbasin is not being monitored, to
determine whether there is sufficient interest in establishing a
groundwater management plan, an integrated regional water management
plan, or a groundwater monitoring association. Under certain
circumstances, if there is insufficient interest in establishing a
plan or association, and the county decides not to perform
groundwater monitoring and reporting functions, the department is
required to perform the groundwater monitoring functions. In that
event, specified entities with authority to assume groundwater
monitoring functions with regard to a basin or subbasin for which the
department has assumed those functions are not eligible for a water
grant or loan awarded or administered by the state.
This bill would create an exception
authorize the department to exempt an entity from this
eligibility restriction if the entity submits to the department for
approval documentation demonstrating that there are special
circumstances justifying the entity's noncompliance,
including, but not limited to, that a significant portion of the
entity's service area qualifies as a disadvantaged community and
that the water grant or loan project includes those
actions needed to comply with groundwater monitoring functions.
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 10933.7 of the Water Code is amended to read:
10933.7. (a) If the department is required to perform groundwater
monitoring functions pursuant to Section 10933.5, the county and the
entities described in subdivisions (a) to (d), inclusive, of Section
10927 shall not be eligible for a water grant or loan awarded or
administered by the state.
(b) Notwithstanding subdivision (a), the department shall
determine that an entity described in subdivision (a) is eligible for
a water grant or loan under the circumstances described in
subdivision (a) if the entity has submitted to the department for
approval documentation that demonstrates either of the
following: demonstrating that the entity's entire
service area qualifies as a disadvantaged community.
(1) The entity's entire service area qualifies as a disadvantaged
community.
(2) The water grant or loan project includes those actions needed
to comply with the monitoring functions pursuant to this chapter.
(c) Notwithstanding subdivision (a), the department may determine
that an entity described in subdivision (a) is eligible for a water
grant or loan under the circumstances described in subdivision (a) if
the entity has submitted to the department for approval
documentation demonstrating that there are special circumstances
justifying the entity's noncompliance, including, but not limited to,
that a significant portion of the entity's service area qualifies as
a disadvantaged community and that the water grant or loan project
includes those actions needed to comply with the monitoring functions
pursuant to this chapter.