AB 1243, as introduced, Gray. Groundwater recharge: grants.
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.
This bill would establish the Groundwater Recharge Grant Fund and would provide that moneys in the fund are available, upon appropriation by the Legislature, to the State Water Resources Control Board to provide grants to local governments and water districts for groundwater recharge infrastructure projects.
Existing law establishes groundwater reporting requirements for a person extracting groundwater in an area within a basin that is not within the management area of a groundwater sustainability agency or that is a probationary basin. Existing law subjects a person to civil liability if that person fails to file, as required, a report of groundwater extraction, tampers with a required measuring device, or makes a material misstatement in connection with the filing of a report of groundwater extraction. Existing law provides that the making of any willful misstatement in connection with these groundwater reporting requirements is a misdemeanor punishable as prescribed.
This bill would require one-half of the funds recovered for failing to file a report of groundwater extraction, tampering with any measuring device, or making a material misstatement in connection with the filing of a report of groundwater extraction to be deposited into the Groundwater Recharge Grant Fund.
Existing law authorizes the board to issue a cease and desist order in response to a violation or threatened violation of any decision or order of the board or any extraction restriction, limitation, order, or regulation adopted or issued under the act. Existing law establishes the Water Rights Fund, which consists of various fees and penalties, and provides that revenue generated from a violation of a cease and desist order of the board is deposited into the Water Rights Fund.
This bill would require one-half of the funds recovered in response to a violation or threatened violation of any decision or order of the board under the act or any extraction restriction, limitation, order, or regulation adopted or issued by the board under the act to be deposited into the Groundwater Recharge Grant Fund.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1845 of the Water Code is amended to
2read:
(a) Upon the failure of any person to comply with a
4cease and desist order issued by the board pursuant to this chapter,
5the Attorney General, upon the request of the board, shall petition
6the superior court for the issuance of prohibitory or mandatory
7injunctive relief as appropriate, including a temporary restraining
8order, preliminary injunction, or permanent injunction.
9(b) (1) A person or entity who violates a cease and desist order
10issued pursuant to this chapter may be liable in an amount not to
11exceed the following:
P3 1(A) If the violation occurs in a critically dry year immediately
2preceded by two or more consecutive below normal, dry, or
3critically dry years or during a
period for which the Governor has
4issued a proclamation of a state of emergency under the California
5Emergency Services Act (Chapter 7 (commencing with Section
68550) of Division 1 of Title 2 of the Government Code) based on
7drought conditions, ten thousand dollars ($10,000) for each day
8in which the violation occurs.
9(B) If the violation is not described by subparagraph (A), one
10thousand dollars ($1,000) for each day in which the violation
11occurs.
12(2) Civil liability may be imposed by the superior court. The
13Attorney General, upon the request of the board, shall petition the
14superior court to impose, assess, and recover those sums.
15(3) Civil liability may be imposed administratively by the board
16pursuant to Section 1055.
17(c) In determining the
appropriate amount, the court, or the
18board, as the case may be, shall take into consideration all relevant
19circumstances, including, but not limited to, the extent of harm
20caused by the violation, the nature and persistence of the violation,
21the length of time over which the violation occurs, and the
22corrective action, if any, taken by the violator.
23(d) begin insert(1)end insertbegin insert end insert All funds recovered pursuant to this section shall be
24deposited in the Water Rights Fund established pursuant to Section
251550.
26(2) Notwithstanding any other law, one-half of the funds
27recovered in response to a
violation or threatened violation of any
28decision or order of the board issued under Chapter 11
29(commencing with Section 10735) of Part 2.74 of Division 6 or
30any extraction restriction, limitation, order, or regulation adopted
31or issued under that chapter shall be deposited into the
32Groundwater Recharge Grant Fund established pursuant to Section
3310738.
Section 5208 of the Water Code is amended to read:
begin insert(a)end insertbegin insert end insert Section 5107 applies to a report or measuring device
36required pursuant to this part. For purposes of Section 5107, a
37report of groundwater extraction, measuring device, or
38misstatement required, used, or made pursuant to this part shall
39be considered the equivalent of a statement, measuring device, or
P4 1misstatement required, used, or made pursuant to Part 5.1
2(commencing with Section 5100).
3(b) Notwithstanding any other law, one-half of the funds
4recovered pursuant to
this section shall be deposited into the
5Groundwater Recharge Grant Fund established pursuant to Section
610738.
Chapter 12 (commencing with Section 10738) is added
8to Part 2.74 of Division 6 of the Water Code, to read:
9
The Groundwater Recharge Grant Fund is hereby
13established in the State Treasury. Moneys in the fund are available,
14upon appropriation by the Legislature, to the board to provide
15grants to local governments and water districts for groundwater
16recharge infrastructure projects.
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