BILL NUMBER: AB 939	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 8, 2015

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 26, 2015

   An act to amend  Section   Sections 10722.4
and  10730 of the Water Code, relating to groundwater.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 939, as amended, Salas. Groundwater sustainability 
agency: financial authority.   agencies.  
   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.  
   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.  
   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 
    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. 
   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. 
   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 10722.4 of the   Water
Code   is amended to read: 
   10722.4.  (a) Pursuant to Section 10933, for the purposes of this
part the department shall categorize each basin as one of the
following priorities:
   (1) High priority.
   (2) Medium priority.
   (3) Low priority.
   (4) Very low priority.
   (b) The initial priority for each basin shall be established by
the department pursuant to Section 10933 no later than January 31,
2015.
   (c) Any time the department updates Bulletin 118 boundaries
pursuant to subdivision (b) of Section 12924, the department shall
reassess the prioritization pursuant to Section 10933.
   (d) Any time the department changes the basin priorities pursuant
to Section 10933, if a basin is elevated to a medium- or
high-priority basin after January 31, 2015, a local  agency
  agency, or combination of local agencies overlying a
groundwater basin,  shall have two years from the date of
reprioritization to either establish a groundwater sustainability
agency pursuant to Chapter 4 (commencing with Section 10723) and five
years from the date of reprioritization to adopt a groundwater
sustainability plan pursuant to Chapter 6 (commencing with Section
10727) or two years to satisfy the requirements of Section 10733.6.
   SEC. 1.5.    Section 10722.4 of the   Water
Code   is amended to read: 
   10722.4.  (a) Pursuant to Section 10933, for the purposes of this
part the department shall categorize each basin as one of the
following priorities:
   (1) High priority.
   (2) Medium priority.
   (3) Low priority.
   (4) Very low priority.
   (b) The initial priority for each basin shall be established by
the department pursuant to Section 10933 no later than January 31,
2015.
   (c) Any time the department updates Bulletin 118 boundaries
pursuant to subdivision (b) of Section 12924, the department shall
reassess the prioritization pursuant to Section 10933. 
   (d) Any time the department changes the basin priorities pursuant
to Section 10933, if a basin is elevated to a medium- or
high-priority basin after January 31, 2015, a local agency shall have
two years from the date of reprioritization to either establish a
groundwater sustainability agency pursuant to Chapter 4 (commencing
with Section 10723) and five years from the date of reprioritization
to adopt a groundwater sustainability plan pursuant to Chapter 6
(commencing with Section 10727) or two years to satisfy the
requirements of Section 10733.6.  
   (d) If the department changes priorities pursuant to Section 10933
to elevate a basin from a low- or very low priority basin to a
medium- or high-priority basin after January 31, 2015, the agency
formation and planning deadlines of this part shall be extended as
follows:  
   (1) A local agency, or combination of local agencies overlying a
groundwater basin, shall have two years from the date of
reprioritization to either establish a groundwater sustainability
agency pursuant to Chapter 4 (commencing with Section 10723) or two
years to satisfy the requirements of Section 10733.6.  
   (2) A groundwater sustainability agency shall have five years from
the date of reprioritization to meet the requirements of subdivision
(a) of Section 10720.7, except that if the reprioritization occurs
before January 31, 2017, a groundwater sustainability agency subject
to paragraph (2) of subdivision (a) of Section 10720.7 shall have
until January 31, 2022. 
   SECTION 1.   SEC. 2.   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 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.
   SEC. 3.    Section 1.5 of this bill incorporates
amendments to Section 10722.4 of the Water Code proposed by both this
bill and Senate Bill 13. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2016,
(2) each bill amends Section 10722.4 of the Water Code, and (3) this
bill is enacted after Senate Bill 13, in which case Section 1 of this
bill shall not become operative.