Amended in Assembly March 7, 2016

Amended in Senate February 12, 2015

Senate BillNo. 37


Introduced by Senatorbegin delete Nielsenend deletebegin insert Vidakend insert

begin insert

(Principal coauthor: Senator Fuller)

end insert

(Principalbegin delete coauthor:end deletebegin insert coauthors:end insert Assemblybegin delete Member Gallagherend deletebegin insert Members Mathis and Salasend insert)

December 1, 2014


An actbegin delete relating to water, and declaring the urgency thereof, to take effect immediately.end deletebegin insert 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 insert

LEGISLATIVE COUNSEL’S DIGEST

SB 37, as amended, begin deleteNielsenend delete begin insertVidakend insert. begin deleteWater: floods. end deletebegin insertKings River East Groundwater Sustainability Agency Act.end insert

begin insert

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 insert
begin insert

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, the bill would impose a state-mandated local program.

end insert
begin insert

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, 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 insert
begin delete

(1) Existing law authorizes the Department of Water Resources to administer funding, from various sources, for flood risk reduction projects.

end delete
begin delete

This bill would authorize the Department of Water Resources to provide reimbursement to funding recipients that execute a funding agreement under the Urban Flood Risk Reduction Projects program for expenditures associated with continued funding of a project initiated under the Early Implementation Project program and incurred after July 1, 2014, and before issuance of a funding commitment, or amendment or execution of the funding agreement, but no later than December 31, 2015.

end delete
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(2) This bill would declare that it is to take effect immediately as an urgency statute.

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Vote: begin delete23 end deletebegin insertmajorityend insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1begin insert

begin insertSECTIONend insertbegin insert 1.end insert  

end insert

begin insertThis act shall be known and may be cited as the end insertbegin insert2Kings River East Groundwater Sustainability Agency Actend insertbegin insert. end insert

4begin insertKings River East Groundwater Sustainability Agency Actend insert


5
6
7begin insert

6 

7Article begin insert1.end insert  Findings and Declarations
8

 

9

begin insert101.end insert  

The Legislature hereby finds and declares that the
10preservation of the groundwater resources within the territory of
11the agency for agricultural, municipal, and industrial uses is in
12the public interest and that the creation of the agency pursuant to
13this act is for the common benefit of water users.

14

begin insert102.end insert  

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

18

begin insert103.end insert  

The Legislature further finds and declares that
19circumstances in the territory of the agency to be formed hereby,
20which may not exist in other locations, justify the formation of the
21agency and the grant of powers contained in this act.

end insert

22
23begin insert

22 

23Article begin insert2.end insert  Creation and Purposes
24

 

25

begin insert201.end insert  

(a) A groundwater management agency is hereby created
26in the Counties of Fresno and Tulare to be known as the Kings
27River East Groundwater Sustainability Agency.

28(b)  The agency shall be governed by a board as specified in
29Section 501 and shall have the boundaries specified in Section
30301. The agency shall exercise the powers granted by this act and
31the Sustainable Groundwater Management Act (Part 2.74
32(commencing with Section 10720) of Division 6 of the Water Code)
33for purposes of groundwater management within the boundaries
34of the agency, together with any other powers as are reasonably
35implied, necessary, and proper to carry out the objectives and
36purposes of the agency to implement the Sustainable Groundwater
37Management Act.

end insert

P4    1
2begin insert

P4    1 

2Article begin insert3.end insert  Boundaries
3

 

4

begin insert301.end insert  

For purposes of this act, the initial boundaries of the
5agency shall include the following:

6(a) All land located within the exterior perimeter boundaries
7of Alta Irrigation District that is within the Counties of Fresno
8and Tulare.

9(b) All land located in the incorporated City of Reedley.

10(c) All land located in Kings River Water District plus parcel
11350-150-16 within the County of Fresno, as that parcel existed as
12of January 1, 2016, and excluding the incorporated City of Sanger.

13(d) Land that is east of Alta Irrigation District and east of the
14east line of Sections 13 and 24, T13S, R23E, between Alta
15Irrigation District and east line and the east line of the Bulletin
16118 Kings Subbasin boundary, as described in the report by the
17Department of Water Resources titled, “California’s Groundwater:
18Bulletin 118,” updated in 2003, as it may be subsequently updated
19or revised in accordance with Section 12924 of the Water Code.

20

begin insert302.end insert  

The agency’s initial boundaries shall be established by
21the boards of supervisors of the Counties of Fresno and Tulare
22after a noticed public hearing. The boundaries shall be depicted
23on a map that shall be adopted by the boards of supervisors of
24those counties and thereafter recorded in the office of the county
25recorder of each county.

26

begin insert303.end insert  

The boards of supervisors of the Counties of Fresno and
27Tulare may adjust the boundaries of the agency in the same manner
28prescribed for establishment of the initial boundaries if the
29boundaries of the basin are revised, including the establishment
30of new subbasins.

end insert

31
32begin insert

31 

32Article begin insert4.end insert  Definitions
33

 

34

begin insert401.end insert  

Unless otherwise indicated by their context, the definitions
35set forth in this article govern the interpretation of this act.

36

begin insert401.1.end insert  

“Actively and primarily engaged in production of
37agriculture” means that a person derives at least 75 percent of
38his or her annual income from production agriculture.

39

begin insert402.end insert  

“Agency” means the Kings River East Groundwater
40Sustainability Agency established by this act.

P5    1

begin insert403.end insert  

“Alta” means the Alta Irrigation District.

2

begin insert404.end insert  

“Aquifer” means a geologic formation or structure that
3transmits water in sufficient quantities to supply pumping wells
4or springs.

5

begin insert405.end insert  

“Basin” has the same meaning as defined in Section
610721 of the Water Code.

7

begin insert406.end insert  

“Board” means the board of directors of the agency, as
8more particularly described in Section 501.

9

begin insert407.end insert  

“Cities” means the Cities of Dinuba, Orange Cove, and
10Reedley.

11

begin insert408.end insert  

“Coordination agreement” has the same meaning as
12defined in Section 10721 of the Water Code.

13

begin insert409.end insert  

“County” means either the County of Fresno or the
14County of Tulare, as the context requires. “Counties” means the
15County of Fresno and the County of Tulare.

16

begin insert410.end insert  

“Extraction” means the act of obtaining groundwater by
17pumping or other controlled means.

18

begin insert411.end insert  

“Groundwater” has the same meaning as defined in
19Section 10721 of the Water Code.

20

begin insert412.end insert  

“Groundwater management activities” means programs,
21measures, or actions taken to preserve, protect, and enhance
22groundwater resources within the territory of the agency.

23

begin insert413.end insert  

“Kings Subbasin” means the San Joaquin Valley Basin
24Kings Subbasin.

25

begin insert414.end insert  

“Member agency” means Alta, the counties, the cities,
26and the special districts entitled to representation on the agency’s
27board of directors as specified in Section 501.

28

begin insert415.end insert  

“Operator” has the same meaning as defined in Section
2910721 of the Water Code.

30

begin insert416.end insert  

“Person” includes any state or local governmental
31agency, private corporation, firm, partnership, limited liability
32company, individual, group of individuals, or, to the extent
33authorized by law, any federal agency.

34

begin insert417.end insert  

“Plan” means a groundwater sustainability plan prepared
35by the agency pursuant to this act.

36

begin insert418.end insert  

“Supplemental water” means surface water or
37groundwater imported from outside the watershed or watersheds
38of the basin or aquifer and floodwaters that are conserved and
39saved within the watershed or watersheds that would otherwise
40have been lost or would not have reached the basin or aquifer.

end insert

P4    1
2begin insert

P4    1 

2Article begin insert5.end insert  General Provisions
3

 

4

begin insert501.end insert  

(a) The agency shall be governed by a board of directors
5that shall consist of seven members, as follows:

6(1) One member shall be chosen by Alta.

7(2) One member shall be chosen by the County of Fresno.

8(3) One member shall be chosen by the County of Tulare.

9(4) One member shall be chosen by the cities. This member shall
10be chosen from the members of the city councils of the cities whose
11territory, at least in part, overlies the territory of the agency. This
12member shall be chosen at a public meeting where each city is
13represented by its mayor.

14(5) One member shall be chosen from the members of the
15governing boards of the following special districts that are not
16governed by the board of supervisors of either county, are engaged
17in water activities, and whose territory, at least in part, overlies
18the territory of the agency:

19(A) Hills Valley Irrigation District.

20(B) Orange Cove Irrigation District.

21(C) Tri-Valley Water District.

22(D) Kings River Water District.

23(6) One member shall be chosen from the members of the
24governing boards of special districts that provide drinking water
25within the territory of the agency.

26(7) One member shall be chosen by the other six board members
27to represent agricultural interests within the territory of the agency.
28This member shall reside and be actively and primarily engaged
29in production of agriculture within the territory of the agency.
30This member shall be selected from a list of at least five
31nominations submitted from the Fresno County Farm Bureau and
32the Tulare County Farm Bureau, acting jointly, but the five
33 nominees need not be members of either organization.

34(b) The board members described in paragraphs (1), (2), and
35(3) of subdivision (a) shall be chosen by their respective governing
36boards from their board members whose districts or divisions
37overlie, at least in part, the territory of the agency.

38(c) The board members described in paragraphs (5) and (6) of
39subdivision (a) shall be chosen at a public meeting where each
P7    1special district is represented by the president or chair of its
2governing board.

3(d) There shall be an alternate for each board member, chosen
4in the same manner and by the same entity as the board member.
5The alternate member shall act in place of the board member he
6or she is an alternate for in case of that board member’s absence
7or inability to act.

8

begin insert502.end insert  

(a) The members described in paragraphs (1) to (6),
9inclusive, of subdivision (a) of Section 501 shall serve for a
10four-year term of office, or until the member is no longer an
11eligible official of the member agency. These members may serve
12for more than one term of office.

13(b) The member described in paragraph (7) of subdivision (a)
14of Section 501 shall serve a four-year term of office.

15

begin insert503.end insert  

(a) The board may adopt an ordinance to provide
16compensation to members of the board in an amount not to exceed
17one hundred dollars ($100) per day for each day’s attendance at
18meetings of the board or for each day’s service rendered as a
19member of the board by request of the board. For purposes of this
20section, the determination of whether a board member’s activities
21on any specific day are compensable shall be made pursuant to
22Article 2.3 (commencing with Section 53232) of Chapter 2 of Part
231 of Division 2 of Title 5 of the Government Code.

24(b) Reimbursement for expenses of members of the board is
25subject to Sections 53232.2 and 53232.3 of the Government Code.

26(c) The board may adopt an ordinance to increase the
27compensation received by members of the board above the amount
28of one hundred dollars ($100) per day. The increase shall not
29exceed an amount equal to 5 percent, for each calendar year
30following the operative date of the last adjustment, of the
31compensation that is received when the ordinance is adopted.

32(d) A board member shall not be compensated for more than a
33total of 10 days in any calendar month.

34

begin insert504.end insert  

(a) The board may adopt ordinances for the purpose of
35regulating, conserving, managing, and controlling the use and
36extraction of groundwater within the territory of the agency.

37(b) An ordinance adopted by the board shall become effective
3830 days from the date of its passage.

39(c)  All ordinances shall be adopted at noticed, public hearings
40by a majority vote of the board. No ordinance shall be adopted by
P8    1the board except at a public hearing. Notice of the hearing shall
2be published in a newspaper of general circulation pursuant to
3Section 6066 of the Government Code.

4(d) The board shall provide notice of the adoption of all
5ordinances.

6

begin insert505.end insert  

No provision of this act shall be construed as denying to
7the counties, any city, Alta, or any other member agency any rights
8or powers that they already have or that they may be granted.

9

begin insert506.end insert  

The agency may contract with either county or Alta for
10staff and other services. The agency may hire contractors and
11consultants as it considers appropriate.

12

begin insert507.end insert  

The agency may enter into a coordination agreement with
13other local agencies for purposes of coordinating the agency’s
14plan with other agencies or groundwater sustainability plans within
15the Kings Subbasin as required by the Sustainable Groundwater
16Management Act (Part 2.74 (commencing with Section 10720) of
17Division 6 of the Water Code).

18

begin insert508.end insert  

The agency may exclude from any of the requirements of
19this act, or the operation of any ordinance, any operator who
20annually extracts less than a minimum amount of groundwater as
21specified by an ordinance adopted by the board.

end insert

22
23begin insert

22 

23Article begin insert6.end insert  Studies and Investigations
24

 

25

begin insert601.end insert  

The agency may collect data and conduct technical and
26other investigations of all kinds in order to carry out the provisions
27of this act. All hydrological investigations and studies carried out
28by or on behalf of the agency shall be constructed by or under the
29supervision of licensed engineers or other persons qualified in
30groundwater geology or hydrology.

31

begin insert602.end insert  

The agency may recommend and encourage water
32recycling and other water development projects, where those
33projects will enhance and contribute to the responsible
34management of groundwater resources, as part of its annual plan
35for implementation of groundwater management objectives.

end insert

36
37begin insert

36 

37Article begin insert7.end insert  Sustainable Groundwater Management Powers
38

 

39

begin insert701.end insert  

The agency shall develop and implement a groundwater
40sustainability plan pursuant to Chapter 6 (commencing with
P9    1Section 10727) of Part 2.74 of Division 6 of the Water Code to
2achieve sustainable groundwater management within the territory
3of the agency.

4

begin insert702.end insert  

The agency shall elect to be a groundwater sustainability
5agency pursuant to Chapter 4 (commencing with Section 10723)
6of Part 2.74 of Division 6 of the Water Code for that portion of
7the Kings Subbasin that lies within the boundaries of the agency.

8

begin insert703.end insert  

The agency may exercise any of the powers described in
9Chapter 5 (commencing with Section 10725) of Part 2.74 of
10Division 6 of the Water Code and the enforcement powers
11described in Chapter 9 (commencing with Section 10732) of Part
122.74 of Division 6 of the Water Code.

13

begin insert704.end insert  

The availability of supplemental water to any operator
14shall not subject that operator to regulations that are more
15restrictive than those imposed on other operators.

end insert

16
17begin insert

16 

17Article begin insert8.end insert  Fee Authority
18

 

19

begin insert801.end insert  

Pursuant to Chapter 8 (commencing with Section 10730)
20of Part 2.74 of Division 6 of the Water Code, the agency may
21impose fees, including, but not limited to, permit fees and fees on
22groundwater extraction or other regulated activity, to fund the
23costs of a groundwater sustainability program, that include, but
24are not limited to, the preparation, adoption, and amendment of
25a groundwater sustainability plan, investigations, inspections,
26compliance assistance, enforcement, and program administration,
27including a prudent reserve.

end insert
28begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.

end insert
begin delete
33

SECTION 1.  

Notwithstanding any other law, the Department
34of Water Resources may provide reimbursement to funding
35recipients that execute a funding agreement under the Urban Flood
36Risk Reduction Projects program for any expenditure associated
37with continued funding of a project initiated under the Early
38Implementation Project program and incurred after July 1, 2014,
39and before issuance of a funding commitment letter, or amendment
P10   1or execution of the funding agreement, but no later than December
231, 2015.

end delete
begin delete
3

SEC. 2.  

This act is an urgency statute necessary for the
4immediate preservation of the public peace, health, or safety within
5the meaning of Article IV of the Constitution and shall go into
6immediate effect. The facts constituting the necessity are:

7In order to provide for early reimbursement for funding recipients
8to expedite urban flood risk reduction projects, it is necessary that
9the bill take effect immediately.

end delete


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