AB 939, as introduced, Salas. Groundwater sustainability agency: financial authority.
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. The act authorizes a groundwater sustainability agency to impose fees to fund the costs of a groundwater sustainability program and requires a groundwater sustainability agency to hold at least one public meeting prior to imposing or increasing a fee. The act requires, at least 10 days prior to the meeting, a groundwater sustainability agency to make available to the public data upon which the proposed fee is based.
This bill would require a groundwater sustainability agency to make the data upon which the proposed fee is based available 20 days prior to the public meeting to impose or increase a fee.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 10730 of the Water Code is amended to
2read:
(a) A groundwater sustainability agency may impose
4fees, including, but not limited to, permit fees and fees on
5groundwater extraction or other regulated activity, to fund the costs
6of a groundwater sustainability program, including, but not limited
7to, preparation, adoption, and amendment of a groundwater
8sustainability plan, and investigations, inspections, compliance
9assistance, enforcement, and program administration, including a
10prudent reserve. A groundwater sustainability agency shall not
11impose a fee pursuant to this subdivision on a de minimis extractor
12unless the agency has regulated the users pursuant to this part.
13(b) (1) Prior to imposing or increasing a fee, a groundwater
14sustainability agency shall hold at least one public
meeting, at
15which oral or written presentations may be made as part of the
16meeting.
17(2) Notice of the time and place of the meeting shall include a
18general explanation of the matter to be considered and a statement
19that the data required by this section is available. The notice shall
20be provided by publication pursuant to Section 6066 of the
21Government Code, by posting notice on the Internet Web site of
22the groundwater sustainability agency, and by mail to any interested
23party who files a written request with the agency for mailed notice
24of the meeting on new or increased fees. A written request for
25mailed notices shall be valid for one year from the date that the
26request is made and may be renewed by making a written request
27on or before April 1 of each year.
28(3) At leastbegin delete 10end deletebegin insert
20end insert days prior to the meeting, the groundwater
29sustainability agency shall make available to the public data upon
30which the proposed fee is based.
31(c) Any action by a groundwater sustainability agency to impose
32or increase a fee shall be taken only by ordinance or resolution.
33(d) (1) As an alternative method for the collection of fees
34imposed pursuant to this section, a groundwater sustainability
P3 1agency may adopt a resolution requesting collection of the fees in
2the same manner as ordinary municipal ad valorem taxes.
3(2) A resolution described in paragraph (1) shall be adopted and
4furnished to the county auditor-controller and board of supervisors
5on or before August 1 of each year that the alternative collection
6of the fees is being requested. The resolution shall
include a list
7of parcels and the amount to be collected for each parcel.
8(e) The power granted by this section is in addition to any
9powers a groundwater sustainability agency has under any other
10law.
O
99