BILL NUMBER: SB 564 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 16, 2016
INTRODUCED BY Senator Cannella
FEBRUARY 26, 2015
An act to add Section 42011 to the Vehicle Code, relating
to vehicles. 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 p owers and duties,
relating to water districts.
LEGISLATIVE COUNSEL'S DIGEST
SB 564, as amended, Cannella. Vehicles: school zone
fines. West Kings Groundwater Sustainability Agency
Act.
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 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.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the West Kings Groundwater Sustainability Agency
.
West Kings Groundwater Sustainability Agency
Article 1. Findings and Declarations
101. 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.
102. 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.
103. 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.
Article 2. Creation and Purposes
201. (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.
Article 3. Boundaries
301. 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.
302. 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.
303. 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.
Article 4. Definitions
401. Unless otherwise indicated by their context, the definitions
set forth in this article govern the interpretation of this act.
402. "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.
403. "Agency" means the West Kings Groundwater Sustainability
Agency established by this act.
404. "Aquifer" means a geologic formation or structure that
transmits water in sufficient quantities to supply pumping wells or
springs.
405. "Basin" has the same meaning as defined in Section 10721 of
the Water Code.
406. "Board" means the board of directors of the agency, as more
particularly described in Section 501.
407. "Coordination agreement" has the same meaning as defined in
Section 10721 of the Water Code.
408. "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.
409. "Extraction" means the act of obtaining groundwater by
pumping or other controlled means.
410. "Groundwater" has the same meaning as defined in Section
10721 of the Water Code.
411. "Groundwater management activities" means programs, measures,
or actions taken to preserve, protect, and enhance groundwater
resources within the territory of the agency.
412. "Kings Subbasin" means the San Joaquin Valley Groundwater
Basin Kings Subbasin.
413. "Member" means any person or entity entitled to
representation on the agency's board of directors as specified in
Section 501.
414. "Operator" has the same meaning as defined in Section 10721
of the Water Code.
415. "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.
416. "Plan" means a groundwater sustainability plan prepared by
the agency pursuant to this act.
417. "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.
Article 5. General Provisions
501. (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.
502. The members shall serve for a four-year term of office. A
member may serve for more than one term of office.
503. (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.
504. (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.
505. 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.
506. The agency may contract with member entities for staff and
other services. The agency may hire contractors and consultants as it
considers appropriate.
507. 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).
508. 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.
Article 6. Studies and Investigations
601. 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.
602. 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.
Article 7. Sustainable Groundwater Management Powers
701. 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.
702. 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.
703. 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.
704. 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.
Article 8. Fee Authority
801. 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.
SEC. 2. Section 10723 of the Water Code
is amended to read:
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.
(O) West Kings Groundwater Sustainability Agency.
(O)
(P) 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.
SEC. 3. 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.
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.