Amended in Senate April 26, 2016

Senate Bill No. 1317

Introduced by Senator Wolk

February 19, 2016

An act to add Article 2.10 (commencing with Section 65891) to Chapter 4 of Division 1 of Title 7 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

SB 1317, as amended, Wolk. Conditional use permit: groundwater extraction facility.

The California Constitution requires the reasonable and beneficial use of water and that the conservation of the water resources of the state is to be exercised with a view to the reasonable and beneficial use of the water in the interest of the people and for the public welfare. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources begin delete that are end delete begin insert and end insert designated as begin delete basins end delete 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, by July 1, 2017, would require a city or county overlying a basin designated as a high- or medium-priority basin to establish a process for the issuance of conditional use permits for the development of a groundwater extraction facility in order to prevent a new groundwater extraction facility from contributing to or creating an undesirable result, as prescribed. begin insert The bill would prohibit a groundwater extraction facility in a high- or medium- end insert begin insert priority basin from being developed without a valid conditional use permit, with certain exceptions. The bill would not require a city or county overlying a medium- or high-priority basin to have a process for the issuance of a conditional use permit for the development of a groundwater extraction facility on or after January 31, 2022, or once the department has evaluated a groundwater sustainability plan for the basin the city or county overlies and determine end insert begin insert d the plan to be adequate and likely to achieve the sustainability goal for the basin, whichever comes first. end insert By increasing the duties of cities and counties, this 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.

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

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

SECTION 1.  

Article 2.10 (commencing with Section 65891)
is added to Chapter 4 of Division 1 of Title 7 of the Government
Code, to read:

 

Article 2.10.  Aquifer Protection

 

65891.  

The Legislature finds and declares as follows:

(a) Groundwater provides substantial water supplies for many
farms and communities across the state, particularly in drier years.
While in some parts of the state groundwater is very well managed,
in other parts there has been substantial groundwater overdraft.

(b) During California’s record drought, there has been a
substantial increase in the extraction of groundwater resulting in
impacts to aquifers.

(c) In 2014, California adopted landmark legislation, the
Sustainable Groundwater Management Act (Part 2.74 (commencing
with Section 10720) of Division 6 of the Water Code), to
sustainably manage groundwater resources. The act will not be
fully implemented for many years, allowing groundwater overdraft
to continue in some regions.

(d) Despite the drought, there has been a substantial and
dramatic increase in conversion of existing pastureland and
nonirrigated lands to new permanent crops irrigated by new deep
groundwater wells. In many parts of the central valley, these new
orchards and groundwater wells have caused or contributed to
existing groundwater wells drying up. These new groundwater
wells exacerbate overdraft in some regions of the state and have
harmed and will continue to harm groundwater supplies for existing
farms and rural communities and the long-term viability of aquifers.

(e) A number of new developments also rely on individual new
wells, further stressing overdrafted groundwater basins.

(f) The number of new wells supplying significant new demands
for groundwater has resulted in alarming subsidence in many areas
of California. Subsidence threatens statewide resources and
infrastructure such as roads, highways, and aqueducts. Importantly,
subsidence may also cause permanent damage to aquifers,
threatening groundwater resources for future generations.

(g) The lack of protection for aquifers, existing groundwater
users, and important infrastructure from the explosive increase in
new wells is an issue of statewide importance and requires
statewide regulation to avoid undesirable results to groundwater
and statewide resources while local communities are working to
comply with the provisions of the Sustainable Groundwater
Management Act. Preventing undesirable results in a high- or
medium-priority basin pursuant to this article and in furtherance
of Section 113 of the Water Code is a matter of statewide concern
and not a municipal affair, as that term is used in Section 5 of
Article XI of the California Constitution. Therefore, this act applies
to charter cities.

(h) This act is in furtherance of the policy contained in Section
2 of Article X of the California Constitution.

65891.1.  

As used in this article:

(a) “Basin” has the meaning provided in Section 10721 of the
Water Code.

(b) “Bulletin 118” has the meaning provided in Section 10721
of the Water Code.

(c) “De minimis extractor” has the meaning provided in Section
10721 of the Water Code.

(d) “Department” means the Department of Water Resources.

begin insert

(e) “Disadvantaged unincorporated community” has the
meaning provided in Section 56033.5.

end insert begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  “Groundwater” has the meaning provided in Section 10721
of the Water Code.

begin delete

(f)

end delete

begin insert ( end insert begin insert g) end insert  “Groundwater extraction facility” has the meaning provided
in Section 10721 of the Water Code.

begin delete

(g)

end delete

begin insert ( end insert begin insert h) end insert  “High-priority basin,” “medium-priority basin,” “low-priority
basin,” and “very low priority basin” have the same meaning as
the categorization of a basin by the department pursuant to Section
10722.4 of the Water Code.

begin insert

(i) “Primary drinking water standards” has the same meaning
provided in Section 116275 of the Health and Safety Code.

end insert begin delete

(h)

end delete

begin insert (j) end insert  “Probationary basin” has the meaning provided in Section
10735 of the Water Code.

begin delete

(i)

end delete

begin insert ( end insert begin insert k) end insert  “Undesirable result” has the meaning provided in Section
10721 of the Water Code.

65891.2.  

(a) A city or county overlying a basin designated as
a high- or medium-priority basin shall do both of the following:

(1) By July 1, 2017, establish a process for the issuance of a
conditional use permit for the development of a groundwater
extraction facility that imposes conditions on the development of
a new groundwater extraction facility in order to prevent the new
groundwater extraction facility from contributing to or creating
an undesirable result.

(2) Prohibit the issuance of a conditional use permit for a new
groundwater extraction facility in either of the following:

(A) A probationary basin.

(B) A basin designated in Bulletin 118 as a basin subject to
critical conditions of overdraft.

(b) A conditional use permit for the development of a
groundwater extraction facility shall not be required for begin delete either end delete begin insert any end insert
of the following:

(1) A de minimis extractor.

(2) The replacement of an existing groundwater extraction
facility with a new groundwater extraction facility with the same
or a lessor extraction capacity. For the purposes of this article,
replacement includes the deepening of a groundwater extraction
facility.

begin insert

(3) A groundwater extraction facility constructed to provide
drinking water to a water system, if the water system meets both
of the following conditions:

end insert begin insert

(A) The system provides water to a disadvantaged
unincorporated community.

end insert begin insert

(B) The system has received a citation for a violation of primary
drinking water standards within the prior two years.

end insert

(c) A city or county overlying a basin designated as a low- or
very low priority basin may adopt an ordinance establishing a
process for the issuance of conditional use permits for the
development of a groundwater extraction facility in accordance
with this section.

begin insert

(d) A groundwater extraction facility in a high- or
medium-priority basin shall not be developed without a valid
conditional use permit issued pursuant to this section.

end insert

65891.3.  

(a) A city or county shall review an application for
a groundwater extraction facility pursuant to the timelines
established in the Permit Streamlining Act (Chapter 4.5
(commencing with Section 65920)).

(b) A fee charged by a city or county to review an application
for a groundwater extraction facility shall be determined in
accordance with Sections 66014 and 66016.

65891.4.  

This article does not require a city or county to
establish a new process for the issuance of a conditional use permit
for the development of a groundwater extraction facility if the city
or county has in effect an ordinance adopted before January 1,
2017, that imposes conditions on the development of a new
groundwater extraction facility in order to prevent the new
groundwater extraction facility from contributing to or creating
an undesirable result.

begin insert

begin insert 65891.5. end insert   

This article does not require a city or county overlying
a medium- or high-priority basin to have a process for the issuance
of a conditional use permit for the development of a groundwater
extraction facility on or after January 31, 2022, or once the
department has evaluated a groundwater sustainability plan for
the basin the city or county overlies and determined the plan to
be adequate and likely to achieve the sustainability goal for the
basin, whichever comes first.

end insert begin insert

begin insert 65891.6. end insert   

This article does not apply to a basin for which a
court or the State Water Resources Control Board has adjudicated
the rights to extract groundwater.

end insert

SEC. 2.  

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.