Amended in Senate May 4, 2016

Amended in Senate June 29, 2015

Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1135


Introduced by Assemblybegin delete Member Pereaend deletebegin insert Members Levine and Tingend insert

begin insert

(Principal coauthors: Senators Glazer and Hall)

end insert

February 27, 2015


begin deleteAn act to create the Kings River East Groundwater Sustainability Agency, and prescribing its boundaries, organization, operation, management, financing, and other powers and duties, relating to water districts. end deletebegin insertAn act to amend Sections 30515 and 30900 of, and to add Section 30680 to, the Penal Code, relating to firearms.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1135, as amended, begin deletePereaend delete begin insertLevineend insert. begin deleteKings River East Groundwater Sustainability Agency Act. end deletebegin insertFirearms: assault weapons.end insert

begin insert

(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of specified attributes, including, for rifles, a thumbhole stock, and for pistols, a 2nd handgrip.

end insert
begin insert

This bill would revise this definition of “assault weapon” to mean a semiautomatic centerfire rifle, or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define “fixed magazine” to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

end insert
begin insert

By expanding the definition of an existing crime, the bill would impose a state-mandated local program.

end insert
begin insert

(2) Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year in a county jail.

end insert
begin insert

This bill would exempt from punishment under that provision a person who possessed an assault weapon prior to January 1, 2017, if specified requirements are met.

end insert
begin insert

(3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies.

end insert
begin insert

This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would also make technical and conforming changes.

end insert
begin insert

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

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.

end delete
begin delete

This bill would create the Kings River East Groundwater Sustainability Agency and would require the agency’s initial boundaries to be established by the boards of supervisors of the Counties of Fresno and Tulare after a noticed public hearing. The bill would require the agency to elect to be a groundwater sustainability agency under the Sustainable Groundwater Management Act for that portion of the Kings Subbasin that lies within the boundaries of the agency and would require the agency to develop and implement a groundwater sustainability plan to achieve sustainable groundwater management within the territory of the agency. The bill would generally specify the powers and purposes of the agency. The bill would prescribe the composition of the 7-member board of directors of the agency and would require members and alternates to be chosen by prescribed member agencies, as specified. By imposing duties on the agency and the member agencies in connection with the operation of the district, the bill would impose a state-mandated local program.

end delete
begin delete

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete
begin delete

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end delete

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

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 30515 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

30515.  

(a) Notwithstanding Section 30510, “assault weapon”
4also means any of the following:

5(1) A semiautomatic, centerfire rifle thatbegin delete has the capacity to
6acceptend delete
begin insert does not haveend insert abegin delete detachableend deletebegin insert fixedend insert magazinebegin delete andend deletebegin insert but hasend insert any
7one of the following:

8(A) A pistol grip that protrudes conspicuously beneath the action
9of the weapon.

10(B) A thumbhole stock.

11(C) A folding or telescoping stock.

12(D) A grenade launcher or flare launcher.

13(E) A flash suppressor.

14(F) A forward pistol grip.

15(2) A semiautomatic, centerfire rifle that has a fixed magazine
16with the capacity to accept more than 10 rounds.

17(3) A semiautomatic, centerfire rifle that has an overall length
18of less than 30 inches.

19(4) A semiautomatic pistol thatbegin delete has the capacity to acceptend deletebegin insert does
20not haveend insert
abegin delete detachableend deletebegin insert fixedend insert magazinebegin delete andend deletebegin insert but hasend insert any one of the
21following:

22(A) A threaded barrel, capable of accepting a flash suppressor,
23forward handgrip, or silencer.

24(B) A second handgrip.

25(C) A shroud that is attached to, or partially or completely
26encircles, the barrel that allows the bearer to fire the weapon
P5    1without burning the bearer’s hand, except a slide that encloses the
2barrel.

3(D) The capacity to accept a detachable magazine at some
4location outside of the pistol grip.

5(5) A semiautomatic pistol with a fixed magazine that has the
6capacity to accept more than 10 rounds.

7(6) A semiautomatic shotgun that has both of the following:

8(A) A folding or telescoping stock.

9(B) A pistol grip that protrudes conspicuously beneath the action
10of the weapon, thumbhole stock, or vertical handgrip.

11(7) A semiautomatic shotgun that has the ability to accept a
12detachable magazine.

13(8) Any shotgun with a revolving cylinder.

begin insert

14
(b) For purposes of this section, “fixed magazine” means an
15ammunition feeding device contained in, or permanently attached
16to, a firearm in such a manner that the device cannot be removed
17 without disassembly of the firearm action.

end insert
begin delete

18(b)

end delete

19begin insert(c)end insert The Legislature finds a significant public purpose in
20exempting from the definition of “assault weapon” pistols that are
21designed expressly for use in Olympic target shooting events.
22Therefore, those pistols that are sanctioned by the International
23Olympic Committee and by USA Shooting, the national governing
24body for international shooting competition in the United States,
25and that were used for Olympic target shooting purposes as of
26January 1, 2001, and that would otherwise fall within the definition
27of “assault weapon” pursuant to this section are exempt, as
28provided in subdivisionbegin delete (c).end deletebegin insert (d).end insert

begin delete

29(c)

end delete

30begin insert(d)end insert “Assault weapon” does not include either of the following:

31(1) Any antique firearm.

32(2) Any of the following pistols, because they are consistent
33with the significant public purpose expressed in subdivisionbegin delete (b):end delete
34
begin insert (c):end insert
35

 

MANUFACTURERMODELCALIBER
   
BENELLIMP90.22LR
BENELLIMP90.32 S&W LONG
BENELLIMP95.22LR
BENELLIMP95.32 S&W LONG
HAMMERLI280.22LR
HAMMERLI280.32 S&W LONG
HAMMERLISP20.22LR
HAMMERLISP20.32 S&W LONG
PARDINIGPO.22 SHORT
PARDINIGP-SCHUMANN.22 SHORT
PARDINIHP.32 S&W LONG
PARDINIMP.32 S&W LONG
PARDINISP.22LR
PARDINISPE.22LR
WALTHERGSP.22LR
WALTHERGSP.32 S&W LONG
WALTHEROSP.22 SHORT
WALTHEROSP-2000.22 SHORT
P6   16

 

17(3) The Department of Justice shall create a program that is
18consistent with the purposes stated in subdivisionbegin delete (b)end deletebegin insert (c)end insert to exempt
19new models of competitive pistols that would otherwise fall within
20the definition of “assault weapon” pursuant to this section from
21being classified as an assault weapon. The exempt competitive
22pistols may be based on recommendations by USA Shooting
23consistent with the regulations contained in the USA Shooting
24Official Rules or may be based on the recommendation or rules
25of any other organization that the department deems relevant.

26begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 30680 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
27

begin insert30680.end insert  

Notwithstanding the meaning of “assault weapon”
28under Section 30515, as amended by the act that added this section,
29Section 30605 does not apply to the possession of an assault
30weapon by a person who has possessed the assault weapon prior
31to January 1, 2017, if all of the following are applicable:

32
(a) Prior to January 1, 2017, the person was eligible to register
33that assault weapon pursuant to subdivision (c) of Section 30900.

34
(b) The person lawfully possessed that assault weapon prior to
35January 1, 2017.

36
(c) The person registers the assault weapon by January 1, 2018,
37in accordance with subdivision (b) of Section 30900.

end insert
38begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 30900 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

39

30900.  

(a) begin insert(1)end insertbegin insertend insert Any person who, prior to June 1, 1989, lawfully
40possessed an assault weapon, as defined in former Section 12276,
P7    1as added by Section 3 of Chapter 19 of the Statutes of 1989, shall
2register the firearm by January 1, 1991, and any person who
3lawfully possessed an assault weapon prior to the date it was
4specified as an assault weapon pursuant to former Section 12276.5,
5as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
6amended by Section 1 of Chapter 874 of the Statutes of 1990 or
7Section 3 of Chapter 954 of the Statutes of 1991, shall register the
8firearm within 90 days with the Department of Justice pursuant to
9those procedures that the department may establish.

begin delete

10(b)

end delete

11begin insert(2)end insert Except as provided in Section 30600, any person who
12lawfully possessed an assault weapon prior to the date it was
13defined as an assault weapon pursuant to former Section 12276.1,
14as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
15which was not specified as an assault weapon under former Section
1612276, as added by Section 3 of Chapter 19 of the Statutes of 1989
17or as amended at any time before January 1, 2001, or former
18Section 12276.5, as added by Section 3 of Chapter 19 of the
19Statutes of 1989 or as amended at any time before January 1, 2001,
20shall register the firearm by January 1, 2001, with the department
21pursuant to those procedures that the department may establish.

begin delete

22(c)

end delete

23begin insert(3)end insert The registration shall contain a description of the firearm
24that identifies it uniquely, including all identification marks, the
25full name, address, date of birth, and thumbprint of the owner, and
26any other information that the department may deem appropriate.

begin delete

27(d)

end delete

28begin insert(4)end insert The department may charge a fee for registration of up to
29twenty dollars ($20) per person but not to exceed thebegin delete actualend delete
30begin insert reasonableend insert processing costs of the department. After the
31department establishes fees sufficient to reimburse the department
32for processing costs, fees charged shall increase at a rate not to
33exceed the legislatively approved annual cost-of-living adjustment
34for the department’s budget or as otherwise increased through the
35Budgetbegin delete Act.end deletebegin insert Act but not to exceed the reasonable costs of the
36department.end insert
The fees shall be deposited into the Dealers’ Record
37of Sale Special Account.

begin insert

38
(b) (1) Any person who, from January 1, 2001, to December
3931, 2016, inclusive, lawfully possessed an assault weapon that
40does not have a fixed magazine, as defined in Section 30515,
P8    1including those weapons with an ammunition feeding device that
2can be readily removed from the firearm with the use of a tool,
3shall register the firearm before January 1, 2018, but not before
4the effective date of the regulations adopted pursuant to paragraph
5(5), with the department pursuant to those procedures that the
6department may establish by regulation pursuant to paragraph
7(5).

end insert
begin insert

8
(2) Registrations shall be submitted electronically via the
9Internet utilizing a public-facing application made available by
10the department.

end insert
begin insert

11
(3) The registration shall contain a description of the firearm
12that identifies it uniquely, including all identification marks, the
13date the firearm was acquired, the name and address of the
14individual from whom, or business from which, the firearm was
15acquired, as well as the registrant’s full name, address, telephone
16number, date of birth, sex, height, weight, eye color, hair color,
17and California driver’s license number or California identification
18card number.

end insert
begin insert

19
(4) The department may charge a fee in an amount of up to
20fifteen dollars ($15) per person but not to exceed the reasonable
21processing costs of the department. The fee shall be paid by debit
22or credit card at the time that the electronic registration is
23submitted to the department. The fee shall be deposited in the
24Dealers’ Record of Sale Special Account to be used for purposes
25of this section.

end insert
begin insert

26
(5) The department shall adopt regulations for the purpose of
27implementing this subdivision. These regulations are exempt from
28the Administrative Procedure Act (Chapter 3.5 (commencing with
29Section 11340) of Part 1 of Division 3 of Title 2 of the Government
30Code).

end insert
31begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
38the meaning of Section 6 of Article XIII B of the California
39Constitution.

end insert
begin delete
P9    1

SECTION 1.  

This act shall be known and may be cited as the 2Kings River East Groundwater Sustainability Agency Act.

4 Kings River East Groundwater Sustainability Agency Act


5

6

5 

6Article 1.  Findings and Declarations
7

 

8

101.  

The Legislature hereby finds and declares that the
9preservation of the groundwater resources within the territory of
10the agency for agricultural, municipal, and industrial uses is in the
11public interest and that the creation of the agency pursuant to this
12act is for the common benefit of water users.

13

102.  

The Legislature further finds and declares that the
14groundwater management activities of the agency benefit all
15operators of groundwater extraction facilities within the territory
16of the agency.
17


18

 

18Article 2.  Creation and Purposes
19

 

20

201.  

(a) A groundwater management agency is hereby created
21in the Counties of Fresno and Tulare to be known as the Kings
22River East Groundwater Sustainability Agency.

23(b)  The agency shall be governed by a board as specified in
24Section 501 and shall have the boundaries specified in Section
25301. The agency shall exercise the powers granted by this act and
26the Sustainable Groundwater Management Act (Part 2.74
27(commencing with Section 10720) of Division 6 of the Water
28Code) for purposes of groundwater management within the
29boundaries of the agency, together with any other powers as are
30reasonably implied, necessary, and proper to carry out the
31objectives and purposes of the agency to implement the Sustainable
32Groundwater Management Act.


33

34

33 

34Article 3.  Boundaries
35

 

36

301.  

For the purposes of this act, the boundaries of the agency
37shall include all land located within the exterior perimeter
38boundaries of Alta Irrigation District within the Counties of Fresno
39and Tulare, the Orange Cove Irrigation District, the Hills Valley
40Irrigation District, and the Tri-Valley Water District overlying the
P10   1San Joaquin Valley Basin Kings Subbasin as described in the report
2by the Department of Water Resources entitled “California’s
3Groundwater: Bulletin 118” updated in 2003, as it may be
4subsequently updated or revised in accordance with Section 12924
5of the Water Code.

6

302.  

The agency’s initial boundaries shall be established by
7the boards of supervisors of the Counties of Fresno and Tulare
8after a noticed public hearing. The boundaries shall be depicted
9on a map that shall be adopted by the boards of supervisors of
10those counties and thereafter recorded in the office of the county
11recorder of each county.

12

303.  

The boards of supervisors of the Counties of Fresno and
13Tulare may adjust the boundaries of the agency in the same manner
14prescribed for establishment of the initial boundaries if the
15boundaries of the basin are revised, including the establishment
16of new subbasins.
17


18

 

18Article 4.  Definitions
19

 

20

401.  

Unless otherwise indicated by their context, the definitions
21set forth in this article govern the interpretation of this act.

22

401.1.  

“Actively and primarily engaged in production of
23agriculture” means that a person derives at least 75 percent of his
24or her annual income from production agriculture.

25

402.  

“Agency” means the Kings River East Groundwater
26Sustainability Agency established by this act.

27

403.  

“Alta” means the Alta Irrigation District.

28

404.  

“Aquifer” means a geologic formation or structure that
29transmits water in sufficient quantities to supply pumping wells
30or springs.

31

405.  

“Basin” has the same meaning as defined in Section 10721
32of the Water Code.

33

406.  

“Board” means the board of directors of the agency, as
34more particularly described in Section 501.

35

407.  

“Cities” means the Cities of Dinuba, Orange Cove, and
36Reedly.

37

408.  

“Coordination agreement” has the same meaning as
38defined in Section 10721 of the Water Code.

P11   1

409.  

“County” means either the County of Fresno or the County
2of Tulare, as the context requires. “Counties” means the County
3of Fresno and the County of Tulare.

4

410.  

“Extraction” means the act of obtaining groundwater by
5pumping or other controlled means.

6

411.  

“Groundwater” has the same meaning as defined in
7Section 10721 of the Water Code.

8

412.  

“Groundwater management activities” means programs,
9measures, or actions taken to preserve, protect, and enhance
10groundwater resources within the territory of the agency.

11

413.  

“Kings Subbasin” means the San Joaquin Valley Basin
12Kings Subbasin as described in Section 301.

13

414.  

“Member agency” means Alta, the counties, the cities,
14and the special districts entitled to representation on the agency’s
15board of directors as specified in Section 501.

16

415.  

“Operator” has the same meaning as defined in Section
1710721 of the Water Code.

18

416.  

“Person” includes any state or local governmental agency,
19private corporation, firm, partnership, limited liability company,
20individual, group of individuals, or, to the extent authorized by
21law, any federal agency.

22

417.  

“Plan” means a groundwater sustainability plan prepared
23by the agency pursuant to this act.

24

418.  

“Supplemental water” means surface water or groundwater
25imported from outside the watershed or watersheds of the basin
26or aquifer and flood waters that are conserved and saved within
27the watershed or watersheds that would otherwise have been lost
28or would not have reached the basin or aquifer.
29


30

 

30Article 5.  General Provisions
31

 

32

501.  

(a) The agency shall be governed by a board of directors
33that shall consist of seven members, as follows:

34(1) One member shall be chosen by Alta.

35(2) One member shall be chosen by the County of Fresno.

36(3) One member shall be chosen by the County of Tulare.

37(4) One member shall be chosen by the cities. This member
38shall be chosen from the members of the city councils of the cities
39whose territory, at least in part, overlies the territory of the agency.
P12   1This member shall be chosen at a public meeting where each city
2is represented by its mayor.

3(5) One member shall be chosen from the members of the
4governing boards of the following special districts that are not
5governed by the board of supervisors of either county, are engaged
6in water activities, and whose territory, at least in part, overlies
7the territory of the agency:

8(A) Hills Valley Irrigation District.

9(B) Orange Cove Irrigation District.

10(C) Tri-Valley Water District.

11(6) One member shall be chosen from the members of the
12governing boards of the following special districts that provide
13drinking water within the territory of the agency:

14(A) Cutler Public Utility District.

15(B) East Orosi Community Services District.

16(C) London Community Services District.

17(D) Orosi Public Utility District.

18(E) Sultana Community Services District.

19(7) One member shall be chosen by the other six board members
20to represent agricultural interests within the territory of the agency.
21This member shall reside and be actively and primarily engaged
22in production of agriculture within the territory of the agency. This
23member shall be selected from a list of at least five nominations
24submitted from the Fresno County Farm Bureau and the Tulare
25County Farm Bureau, acting jointly, but the five nominees need
26not be members of either organization.

27(b) The board members described in paragraphs (1), (2), and
28(3) of subdivision (a) shall be chosen by their respective governing
29boards from their board members whose districts or divisions
30overlie, at least in part, the territory of the agency.

31(c) The board members described in paragraphs (5) and (6) of
32subdivision (a) shall be chosen at a public meeting where each
33special district is represented by the president or chair of its
34governing board.

35(d) There shall be an alternate for each board member, chosen
36in the same manner and by the same entity as the board member.
37The alternate member shall act in place of the board member he
38or she is an alternate for in case of that board member’s absence
39or inability to act.

P13   1

502.  

(a) The members described in paragraphs (1) to (6),
2inclusive, of subdivision (a) of Section 501 shall serve for a
3four-year term of office, or until the member is no longer an
4eligible official of the member agency. These members may serve
5for more than one term of office.

6(b) The member described in paragraph (7) of subdivision (a)
7shall serve a four-year term of office.

8

503.  

(a) The board may adopt an ordinance to provide
9compensation to members of the board in an amount not to exceed
10one hundred dollars ($100) per day for each day’s attendance at
11meetings of the board or for each day’s service rendered as a
12member of the board by request of the board. For purposes of this
13section, the determination of whether a board member’s activities
14on any specific day are compensable shall be made pursuant to
15Article 2.3 (commencing with Section 53232) of Chapter 2 of Part
161 of Division 2 of Title 5 of the Government Code.

17(b) Reimbursement for expenses of members of the board is
18subject to Sections 53232.2 and 53232.3 of the Government Code.

19(c) The board may adopt an ordinance to increase the
20compensation received by members of the board above the amount
21of one hundred dollars ($100) per day. The increase shall not
22exceed an amount equal to 5 percent, for each calendar year
23following the operative date of the last adjustment, of the
24compensation that is received when the ordinance is adopted.

25(d) A board member shall not be compensated for more than a
26total of 10 days in any calendar month.

27

504.  

(a) The board may adopt ordinances for the purpose of
28regulating, conserving, managing, and controlling the use and
29extraction of groundwater within the territory of the agency.

30(b) An ordinance adopted by the board shall become effective
3130 days from the date of its passage.

32(c)  All ordinances shall be adopted at noticed, public hearings
33by a majority vote of the board. No ordinance shall be adopted by
34the board except at a public hearing. Notice of the hearing shall
35be published in a newspaper of general circulation pursuant to
36Section 6066 of the Government Code.

37(d) The board shall provide notice of the adoption of all
38ordinances.

P14   1

505.  

No provision of this act shall be construed as denying to
2the counties, any city, Alta, or any other member agency any rights
3or powers that they already have or that they may be granted.

4

506.  

The agency may contract with either county or Alta for
5staff and other services. The agency may hire contractors and
6consultants as it considers appropriate.

7

507.  

The agency may enter into a coordination agreement with
8other local agencies for purposes of coordinating the agency’s plan
9with other agencies or groundwater sustainability plans within the
10basin.

11

508.  

The agency may exclude from any of the requirements of
12this act, or the operation of any ordinance, any operator who
13annually extracts less than a minimum amount of groundwater as
14specified by an ordinance adopted by the board.
15


16

 

16Article 6.  Studies and Investigations
17

 

18

601.  

The agency may collect data and conduct technical and
19other investigations of all kinds in order to carry out the provisions
20of this act. All hydrological investigations and studies carried out
21by or on behalf of the agency shall be constructed by or under the
22supervision of licensed engineers or other persons qualified in
23groundwater geology or hydrology.

24

602.  

The agency may recommend and encourage water
25recycling and other water development projects, where those
26projects will enhance and contribute to the responsible management
27of groundwater resources, as part of its annual plan for
28implementation of groundwater management objectives.
29


30

 

30Article 7.  Sustainable Groundwater Management Powers
31

 

32

701.  

The agency shall develop and implement a groundwater
33sustainability plan pursuant to Chapter 6 (commencing with Section
3410727) of Part 2.74 of Division 6 of the Water Code to achieve
35sustainable groundwater management within the territory of the
36agency.

37

702.  

The agency shall elect to be a groundwater sustainability
38agency pursuant to Chapter 4 (commencing with Section 10723)
39of Part 2.74 of Division 6 of the Water Code for that portion of
40the Kings Subbasin that lies within the boundaries of the agency.

P15   1

703.  

The agency may exercise any of the powers described in
2Chapter 5 (commencing with Section 10725) of Part 2.74 of
3Division 6 of the Water Code and the enforcement powers
4described in Chapter 9 (commencing with Section 10732) of Part
52.74 of Division 6 of the Water Code.

6

704.  

The availability of supplemental water to any operator
7shall not subject that operator to regulations that are more
8restrictive than those imposed on other operators.
9


10

 

10Article 8.  Fee Authority
11

 

12

801.  

Pursuant to Chapter 8 (commencing with Section 10730)
13of Part 2.74 of Division 6 of the Water Code, the agency may
14impose fees, including, but not limited to, permit fees and fees on
15groundwater extraction or other regulated activity, to fund the costs
16of a groundwater sustainability program, that include, but are not
17limited to, the preparation, adoption, and amendment of a
18groundwater sustainability plan, investigations, inspections,
19compliance assistance, enforcement, and program administration,
20including a prudent reserve.

21

SEC. 2.  

If the Commission on State Mandates determines that
22this act contains costs mandated by the state, reimbursement to
23local agencies and school districts for those costs shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.

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