Amended in Assembly June 16, 2016

Senate Bill No. 564

Introduced by Senator Cannella

February 26, 2015

begin delete An act to add Section 42011 to the Vehicle Code, relating to vehicles. end delete begin insert An act to amend Section 10723 of the Water Code, and to create the West Kings 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 564, as amended, Cannella. begin delete Vehicles: school zone fines. end delete begin insert West Kings 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 West Kings Groundwater Sustainability Agency, would establish the initial boundaries of the agency, and would authorize the agency’s boundaries to be changed by the boards of supervisors of the Counties of Fresno and Kings 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 certain 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 no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law, in the case of specified violations relating to rules of the road and driving under the influence, doubles the fine in the case of misdemeanors, and increases the fine, as specified, in the case of infractions, if the violation is committed by the driver of a vehicle within a highway construction or maintenance area during any time when traffic is regulated or restricted by the Department of Transportation or local authorities pursuant to existing law or is committed within a designated Safety Enhancement-Double Fine Zone.

end delete begin delete

This bill would also require that an additional fine of $35 be imposed if the violation occurred when passing a school building or school grounds, as specified, and the highway is posted with a standard “SCHOOL” warning sign and an accompanying sign notifying motorists that increased penalties apply for traffic violations that are committed within that school zone. The bill would require that these additional fines be deposited in the State Highway Account in the State Transportation Fund, for purposes of funding school zone safety projects within the Active Transportation Program.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert This act shall be known and may be cited as the end insert begin insert
West Kings Groundwater Sustainability Agency end insert begin insert . end insert

begin insert West Kings Groundwater Sustainability Agency end insert

begin insert

 

Article begin insert 1. end insert   Findings and Declarations

 

begin insert 101. end insert   

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

begin insert 102. end insert   

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

begin insert 103. end insert   

The Legislature further finds and declares that
circumstances in the territory of the agency to be formed hereby,
which may not exist in other locations, justify the formation of the
agency and the grant of powers contained in this act. The territory
of the agency to be formed hereby includes vast areas of the
nation’s top farm producing lands and places that have been
designated by the State of California as disadvantaged communities
disproportionately impacted by air quality and socioeconomic
burdens. There are a number of scattered small public and private
water entities in the territory of the agency that do not have the
staff or resources to otherwise form a groundwater sustainability
agency. These entities agree the territory is best served by a single
dedicated agency to manage the groundwater resources.

end insert



begin insert

 

Article begin insert 2. end insert   Creation and Purposes

 

begin insert 201. end insert   

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

(b)  The agency shall be governed by a board as specified in
Section 501 and shall have the boundaries specified in Section
301. The agency shall only exercise the powers granted by this act
and the Sustainable Groundwater Management Act (Part 2.74
(commencing with Section 10720) of Division 6 of the Water Code)
for purposes of groundwater management within the boundaries
of the agency, together with any other powers as are reasonably
implied, necessary, and proper to carry out the objectives and
purposes of the agency to implement the Sustainable Groundwater
Management Act. The agency shall abide by the rules and
regulations promulgated by the Department of Water Resources
and the State Water Resources Control Board to implement the
Sustainable Groundwater Management Act.

end insert



begin insert

 

Article begin insert 3. end insert   Boundaries

 

begin insert 301. end insert   

For purposes of this act, the initial boundaries of the
agency shall be as follows:

Beginning at the intersection of the southwestern boundary of
Raisin City Water District (Raisin City WD) and Highway 145,
the North Fork Groundwater Sustainability Agency Boundary
(Boundary) follows Highway 145 southwest to the southern
boundary of Reclamation District 1606 (RD 1606). It then follows
the southern boundaries of RD 1606 and James Irrigation District
(James ID) to the intersection of the James ID boundary with the
Kings Subbasin boundary. Then, it follows said subbasin boundary
south and east to its intersection with the southwestern boundary
of Consolidated Irrigation District (Consolidated ID). The
Boundary then continues north and west following the southern
Consolidated ID boundary and the southern and western Raisin
City WD boundaries to the point of beginning.

begin insert 302. end insert   

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

begin insert 303. end insert   

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

end insert



begin insert

 

Article begin insert 4. end insert   Definitions

 

begin insert 401. end insert   

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

begin insert 402. end insert   

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

begin insert 403. end insert   

“Agency” means the West Kings Groundwater
Sustainability Agency established by this act.

begin insert 404. end insert   

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

begin insert 405. end insert   

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

begin insert 406. end insert   

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

begin insert 407. end insert   

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

begin insert 408. end insert   

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

begin insert 409. end insert   

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

begin insert 410. end insert   

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

begin insert 411. end insert   

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

begin insert 412. end insert   

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

begin insert 413. end insert   

“Member” means any person or entity entitled to
representation on the agency’s board of directors as specified in
Section 501.

begin insert 414. end insert   

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

begin insert 415. end insert   

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

begin insert 416. end insert   

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

begin insert 417. end insert   

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

end insert



begin insert

 

Article begin insert 5. end insert   General Provisions

 

begin insert 501. end insert   

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

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

(2) One member shall be a resident or landowner chosen by the
members of the governing boards of the following entities:

(A) Clark’s Fork Reclamation District.

(B) Laguna Irrigation District.

(C) Upper San Jose Water Company.

(3) One member shall be chosen by the member of the governing
boards of the following special districts that provide drinking
water, who shall be chosen from the members of the governing
boards of the special districts:

(A) Laton Community Services District.

(B) Riverdale Public Utility District.

(4) One member shall be a resident or landowner chosen by the
members of the governing boards of the following entities:

(A) Crescent Canal Company.

(B) Stinson Canal and Irrigation Company.

(5) One member shall be a resident or landowner chosen by the
members of the governing boards of the following entities:

(A) Burrel Ditch Company.

(B) Liberty Canal Company.

(6) One member shall be a resident or landowner chosen by the
members of the governing boards of the following entities:

(A) Liberty Mill Race Company.

(B) Reed Ditch Company.

(7) One member shall be chosen by the members of the
governing boards of the following special districts, who shall be
chosen from the members of the governing boards of the special
districts:

(A) Liberty Water District.

(B) Riverdale Irrigation District.

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

begin insert 502. end insert   

The members shall serve for a four-year term of office.
A member may serve for more than one term of office.

begin insert 503. end insert   

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

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

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

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

begin insert 504. end insert   

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

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

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

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

begin insert 505. end insert   

No provision of this act shall be construed as denying to
any member agency any rights or powers that they already have
or that they may be granted.

begin insert 506. end insert   

The agency may contract with member entities for staff
and other services. The agency may hire contractors and
consultants as it considers appropriate.

begin insert 507. end insert   

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

begin insert 508. end insert   

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

end insert



begin insert

 

Article begin insert 6. end insert   Studies and Investigations

 

begin insert 601. end insert   

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

begin insert 602. end insert   

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

end insert



begin insert

 

Article begin insert 7. end insert   Sustainable Groundwater Management Powers

 

begin insert 701. end insert   

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

begin insert 702. end insert   

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

begin insert 703. end insert   

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

begin insert 704. end insert   

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

end insert



begin insert

 

Article begin insert 8. end insert   Fee Authority

 

begin insert 801. end insert   

Pursuant to Chapter 8 (commencing with Section 10730)
of Part 2.74 of Division 6 of the Water Code, the 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, that include, but
are not limited to, the preparation, adoption, and amendment of
a groundwater sustainability plan, investigations, inspections,
compliance assistance, enforcement, and program administration,
including a prudent reserve.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10723 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10723.  

(a) Except as provided in subdivision (c), any local
agency or combination of local agencies overlying a groundwater
basin may decide to become a groundwater sustainability agency
for that basin.

(b) Before deciding to become a groundwater sustainability
agency, and after publication of notice pursuant to Section 6066
of the Government Code, the local agency or agencies shall hold
a public hearing in the county or counties overlying the basin.

(c) (1) Except as provided in paragraph (2), the following
agencies created by statute to manage groundwater shall be deemed
the exclusive local agencies within their respective statutory
boundaries with powers to comply with this part:

(A) Alameda County Flood Control and Water Conservation
District, Zone 7.

(B) Alameda County Water District.

(C) Desert Water Agency.

(D) Fox Canyon Groundwater Management Agency.

(E) Honey Lake Valley Groundwater Management District.

(F) Long Valley Groundwater Management District.

(G) Mendocino City Community Services District.

(H) Mono County Tri-Valley Groundwater Management
District.

(I) Monterey Peninsula Water Management District.

(J) Ojai Groundwater Management Agency.

(K) Orange County Water District.

(L) Pajaro Valley Water Management Agency.

(M) Santa Clara Valley Water District.

(N) Sierra Valley Groundwater Management District.

begin insert

(O) West Kings Groundwater Sustainability Agency.

end insert begin delete

(O)

end delete

begin insert (P) end insert  Willow Creek Groundwater Management Agency.

(2) An agency identified in this subdivision may opt out of being
the exclusive groundwater management agency within its statutory
boundaries by sending a notice to the department, which shall be
posted on the department’s Internet Web site within 15 days of
receipt. If an agency identified in paragraph (1) opts out of being
the exclusive groundwater management agency, any other local
agency or combination of local agencies operating within the
statutory boundaries of the agency that has opted out may notify
the department pursuant to Section 10723.8 of its decision to be
the groundwater sustainability agency.

(3) A local agency listed in paragraph (1) may comply with this
part by meeting the requirements of Section 10733.6 or opting to
become a groundwater sustainability agency pursuant to this
section. A local agency with authority to implement a basin-specific
management plan pursuant to its principal act shall not exercise
any authorities granted in this part in a manner inconsistent with
any prohibitions or limitations in its principal act unless the
governing board of the local agency makes a finding that the
agency is unable to sustainably manage the basin without the
prohibited authority.

(d) The decision of a local agency or combination of agencies
to become a groundwater sustainability agency shall take effect
as provided in Section 10723.8.

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 42011 is added to the Vehicle Code, to
read:

42011.  

(a) For any offense specified in subdivision (b) that is
committed by the driver of a vehicle under either of the following
conditions, a fine of thirty-five dollars ($35) shall be imposed in
addition to the amount otherwise prescribed and any penalty
assessments or other fees or additions:

(1) When passing a school building or the grounds thereof, if
the building or grounds are contiguous to a highway and posted
with a standard “SCHOOL” warning sign and an accompanying
sign notifying motorists that increased penalties apply for traffic
violations that are committed within that school zone, and children
are going to or leaving the school during school hours or during
the noon recess period.

(2) When passing any school grounds that are not separated
from the highway by a fence, gate, or other physical barrier while
the grounds are in use by children, and the highway is posted with
a standard “SCHOOL” warning sign and an accompanying sign
notifying motorists that increased penalties apply for traffic
violations that are committed within that school zone.

(b) A violation of any of the following provisions is an offense
that is subject to subdivision (a):

(1) Article 3 (commencing with Section 21450) of Chapter 2
of Division 11, relating to obedience to traffic devices.

(2) Chapter 3 (commencing with Section 21650) of Division
11, relating to driving, overtaking, and passing.

(3) Chapter 4 (commencing with Section 21800) of Division
11, relating to yielding the right-of-way.

(4) Chapter 6 (commencing with Section 22100) of Division
11, relating to turning and stopping and turn signals.

(5) Chapter 7 (commencing with Section 22348) of Division
11, relating to speed limits.

(6) Chapter 8 (commencing with Section 22450) of Division
11, relating to special traffic stops.

(7) Section 23103, relating to reckless driving.

(8) Section 23104, relating to reckless driving which results in
bodily injury to another.

(9) Section 23109, relating to speed contests.

(10) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.

(11) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, which results in bodily injury
to another.

(12) Section 23154, relating to convicted drunk drivers operating
a motor vehicle with a blood-alcohol concentration of 0.01 percent
or greater.

(13) Section 23220, relating to drinking while driving.

(14) Section 23221, relating to drinking in a motor vehicle while
on the highway.

(15) Section 23222, relating to driving while possessing
marijuana or an open alcoholic beverage container.

(16) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.

(17) Section 23224, relating to being a driver or passenger under
21 years of age possessing an open alcoholic beverage container.

(18) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.

(19) Section 23226, relating to being a passenger in a vehicle
in which there is an open alcoholic beverage container.

(c) The additional fines authorized by this section shall be
deposited in the State Highway Account in the State Transportation
Fund for purposes of funding school zone safety projects within
the Active Transportation Program established in Chapter 8
(commencing with Section 2380) of Division 3 of the Streets and
Highways Code.

end delete