Amended in Senate July 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 939


Introduced by Assembly Member Salas

February 26, 2015


An act to amendbegin delete Sectionend deletebegin insert Sections 10722.4 andend insert 10730 of the Water Code, relating to groundwater.

LEGISLATIVE COUNSEL’S DIGEST

AB 939, as amended, Salas. Groundwater sustainabilitybegin delete agency: financial authority.end deletebegin insert agencies.end insert

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Existing law requires the Department of Water Resources to identify the extent of monitoring of groundwater elevations that is being undertaken within each groundwater basin or subbasin and to prioritize basins or subbasins as high, medium, low, or very low priority, and requires the initial priority for each basin to be established no later than January 31, 2015. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the department 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 requires a local agency, any time the department changes these basin priorities and elevates a basin to a medium- or high-priority basin after January 31, 2015, to either establish a groundwater sustainability agency within 2 years of reprioritization and adopt a groundwater sustainability plan within 5 years of reprioritization, or to submit an alternative to the department that the local agency believes satisfies the objectives of these provisions within 2 years of reprioritization.

end insert
begin insert

This bill would impose the requirement to establish a groundwater sustainability agency or submit an alternative after reprioritization on a local agency or combination of local agencies overlying a groundwater basin.

end insert
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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

end delete

begin insertTheend insert 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.

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This bill would incorporate changes to Section 10722.4 of the Water Code proposed by both this bill and SB 13, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 10722.4 of the end insertbegin insertWater Codeend insertbegin insert is amended
2to read:end insert

P3    1

10722.4.  

(a) Pursuant to Section 10933, for the purposes of
2this part the department shall categorize each basin as one of the
3following priorities:

4(1) High priority.

5(2) Medium priority.

6(3) Low priority.

7(4) Very low priority.

8(b) The initial priority for each basin shall be established by the
9department pursuant to Section 10933 no later than January 31,
102015.

11(c) Any time the department updates Bulletin 118 boundaries
12pursuant to subdivision (b) of Section 12924, the department shall
13reassess the prioritization pursuant to Section 10933.

14(d) Any time the department changes the basin priorities
15pursuant to Section 10933, if a basin is elevated to a medium- or
16high-priority basin after January 31, 2015, a localbegin delete agencyend deletebegin insert agency,
17or combination of local agencies overlying a groundwater basin,end insert

18 shall have two years from the date of reprioritization to either
19establish a groundwater sustainability agency pursuant to Chapter
204 (commencing with Section 10723) and five years from the date
21of reprioritization to adopt a groundwater sustainability plan
22pursuant to Chapter 6 (commencing with Section 10727) or two
23years to satisfy the requirements of Section 10733.6.

24begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 10722.4 of the end insertbegin insertWater Codeend insertbegin insert is amended to
25read:end insert

26

10722.4.  

(a) Pursuant to Section 10933, for the purposes of
27this part the department shall categorize each basin as one of the
28following priorities:

29(1) High priority.

30(2) Medium priority.

31(3) Low priority.

32(4) Very low priority.

33(b) The initial priority for each basin shall be established by the
34department pursuant to Section 10933 no later than January 31,
352015.

36(c) Any time the department updates Bulletin 118 boundaries
37pursuant to subdivision (b) of Section 12924, the department shall
38reassess the prioritization pursuant to Section 10933.

begin delete

39(d) Any time the department changes the basin priorities
40pursuant to Section 10933, if a basin is elevated to a medium- or
P4    1high-priority basin after January 31, 2015, a local agency shall
2have two years from the date of reprioritization to either establish
3a groundwater sustainability agency pursuant to Chapter 4
4(commencing with Section 10723) and five years from the date of
5reprioritization to adopt a groundwater sustainability plan pursuant
6to Chapter 6 (commencing with Section 10727) or two years to
7satisfy the requirements of Section 10733.6.

end delete
begin insert

8(d) If the department changes priorities pursuant to Section
910933 to elevate a basin from a low- or very low priority basin to
10a medium- or high-priority basin after January 31, 2015, the
11agency formation and planning deadlines of this part shall be
12extended as follows:

end insert
begin insert

13(1) A local agency, or combination of local agencies overlying
14a groundwater basin, shall have two years from the date of
15reprioritization to either establish a groundwater sustainability
16agency pursuant to Chapter 4 (commencing with Section 10723)
17or two years to satisfy the requirements of Section 10733.6.

end insert
begin insert

18(2) A groundwater sustainability agency shall have five years
19from the date of reprioritization to meet the requirements of
20subdivision (a) of Section 10720.7, except that if the reprioritization
21occurs before January 31, 2017, a groundwater sustainability
22agency subject to paragraph (2) of subdivision (a) of Section
2310720.7 shall have until January 31, 2022.

end insert
24

begin deleteSECTION 1.end delete
25begin insertSEC. 2.end insert  

Section 10730 of the Water Code is amended to read:

26

10730.  

(a) A groundwater sustainability agency may impose
27fees, including, but not limited to, permit fees and fees on
28groundwater extraction or other regulated activity, to fund the costs
29of a groundwater sustainability program, including, but not limited
30to, preparation, adoption, and amendment of a groundwater
31sustainability plan, and investigations, inspections, compliance
32assistance, enforcement, and program administration, including a
33prudent reserve. A groundwater sustainability agency shall not
34impose a fee pursuant to this subdivision on a de minimis extractor
35unless the agency has regulated the users pursuant to this part.

36(b) (1) Prior to imposing or increasing a fee, a groundwater
37sustainability agency shall hold at least one public meeting, at
38which oral or written presentations may be made as part of the
39meeting.

P5    1(2) Notice of the time and place of the meeting shall include a
2general explanation of the matter to be considered and a statement
3that the data required by this section is available. The notice shall
4be provided by publication pursuant to Section 6066 of the
5Government Code, by posting notice on the Internet Web site of
6the groundwater sustainability agency, and by mail to any interested
7party who files a written request with the agency for mailed notice
8of the meeting on new or increased fees. A written request for
9mailed notices shall be valid for one year from the date that the
10request is made and may be renewed by making a written request
11on or before April 1 of each year.

12(3) At least 20 days prior to the meeting, the groundwater
13sustainability agency shall make available to the public data upon
14which the proposed fee is based.

15(c) Any action by a groundwater sustainability agency to impose
16or increase a fee shall be taken only by ordinance or resolution.

17(d) (1) As an alternative method for the collection of fees
18imposed pursuant to this section, a groundwater sustainability
19agency may adopt a resolution requesting collection of the fees in
20the same manner as ordinary municipal ad valorem taxes.

21(2) A resolution described in paragraph (1) shall be adopted and
22furnished to the county auditor-controller and board of supervisors
23on or before August 1 of each year that the alternative collection
24of the fees is being requested. The resolution shall include a list
25of parcels and the amount to be collected for each parcel.

26(e) The power granted by this section is in addition to any
27powers a groundwater sustainability agency has under any other
28law.

29begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
30Section 10722.4 of the Water Code proposed by both this bill and
31Senate Bill 13. It shall only become operative if (1) both bills are
32enacted and become effective on or before January 1, 2016, (2)
33each bill amends Section 10722.4 of the Water Code, and (3) this
34bill is enacted after Senate Bill 13, in which case Section 1 of this
35bill shall not become operative.

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