BILL NUMBER: AB 939	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 26, 2015

   An act to amend Section 10730 of the Water Code, relating to
groundwater.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 10730 of the Water Code is amended to read:
   10730.  (a) A groundwater sustainability agency may impose fees,
including, but not limited to, permit fees and fees on groundwater
extraction or other regulated activity, to fund the costs of a
groundwater sustainability program, including, but not limited to,
preparation, adoption, and amendment of a groundwater sustainability
plan, and investigations, inspections, compliance assistance,
enforcement, and program administration, including a prudent reserve.
A groundwater sustainability agency shall not impose a fee pursuant
to this subdivision on a de minimis extractor unless the agency has
regulated the users pursuant to this part.
   (b) (1) Prior to imposing or increasing a fee, a groundwater
sustainability agency shall hold at least one public meeting, at
which oral or written presentations may be made as part of the
meeting.
   (2) Notice of the time and place of the meeting shall include a
general explanation of the matter to be considered and a statement
that the data required by this section is available. The notice shall
be provided by publication pursuant to Section 6066 of the
Government Code, by posting notice on the Internet Web site of the
groundwater sustainability agency, and by mail to any interested
party who files a written request with the agency for mailed notice
of the meeting on new or increased fees. A written request for mailed
notices shall be valid for one year from the date that the request
is made and may be renewed by making a written request on or before
April 1 of each year.
   (3) At least  10   20  days prior to the
meeting, the groundwater sustainability agency shall make available
to the public data upon which the proposed fee is based.
   (c) Any action by a groundwater sustainability agency to impose or
increase a fee shall be taken only by ordinance or resolution.
   (d) (1) As an alternative method for the collection of fees
imposed pursuant to this section, a groundwater sustainability agency
may adopt a resolution requesting collection of the fees in the same
manner as ordinary municipal ad valorem taxes.
   (2) A resolution described in paragraph (1) shall be adopted and
furnished to the county auditor-controller and board of supervisors
on or before August 1 of each year that the alternative collection of
the fees is being requested. The resolution shall include a list of
parcels and the amount to be collected for each parcel.
   (e) The power granted by this section is in addition to any powers
a groundwater sustainability agency has under any other law.