SB 1317, as amended, Wolk. Groundwater extraction permit.
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 and designated as 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 January 1, 2018, 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 a groundwater extraction permit for the development of a groundwater extraction facility that requires an applicant for a groundwater extraction permit to demonstrate, based on substantial evidence, that extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result, as prescribed. The bill would prohibit a groundwater extraction facility in a high- or medium-priority basin from being developed without a valid groundwater extraction 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 groundwater extraction 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. 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:
Article 2.10 (commencing with Section 65891)
2is added to Chapter 4 of Division 1 of Title 7 of the Government
3Code, to read:
4
The Legislature finds and declares as follows:
8(a) Groundwater provides substantial water supplies for many
9farms and communities across the state, particularly in drier years.
10While in some parts of the state groundwater is very well managed,
11in other parts there has been substantial groundwater overdraft.
12(b) During California’s record drought, there has been a
13substantial increase in the extraction of groundwater resulting in
14impacts to aquifers.
P3 1(c) In 2014, California adopted landmark legislation, the
2Sustainable Groundwater Management Act (Part 2.74 (commencing
3with
Section 10720) of Division 6 of the Water Code), to
4sustainably manage groundwater resources. The act will not be
5fully implemented for many years, allowing groundwater overdraft
6to continue in some regions.
7(d) Despite the drought, there has been a substantial and
8dramatic increase in conversion of existing pastureland and
9nonirrigated lands to new permanent crops irrigated by new deep
10groundwater wells. In many parts of the central valley, these new
11orchards and groundwater wells have caused or contributed to
12existing groundwater wells drying up. These new groundwater
13wells exacerbate overdraft in some regions of the state and have
14harmed and will continue to harm groundwater supplies for existing
15farms and rural communities and the long-term viability of aquifers.
16(e) A number
of new developments also rely on individual new
17wells, further stressing overdrafted groundwater basins.
18(f) The number of new wells supplying significant new demands
19for groundwater has resulted in alarming subsidence in many areas
20of California. Subsidence threatens statewide resources and
21infrastructure such as roads, highways, and aqueducts. Importantly,
22subsidence may also cause permanent damage to aquifers,
23threatening groundwater resources for future generations.
24(g) The lack of protection for aquifers, existing groundwater
25users, and important infrastructure from the explosive increase in
26new wells is an issue of statewide importance and requires
27statewide regulation to avoid undesirable results to groundwater
28and statewide resources while local communities are working to
29comply
with the provisions of the Sustainable Groundwater
30Management Act. Preventing undesirable results in a high- or
31medium-priority basin pursuant to this article and in furtherance
32of Section 113 of the Water Code is a matter of statewide concern
33and not a municipal affair, as that term is used in Section 5 of
34Article XI of the California Constitution. Therefore, this act applies
35to charter cities.
36(h) This act is in furtherance of the policy contained in Section
372 of Article X of the California Constitution.
As used in this article:
39(a) “Basin” has the meaning provided in Section 10721 of the
40Water Code.
P4 1
(b) “Board” means the State Water Resources Control Board.
2(b)
end delete
3begin insert(end insertbegin insertc)end insert “Bulletin 118” has the meaning provided in Section 10721
4of the Water Code.
5(c)
end delete
6begin insert(end insertbegin insertd)end insert “De minimis extractor” has the meaning provided in Section
710721 of the Water Code.
8(d)
end delete9begin insert(end insertbegin inserte)end insert “Department” means the Department of Water Resources.
10(e)
end delete
11begin insert(end insertbegin insertf)end insert “Disadvantaged unincorporated community” has the meaning
12provided in Section 56033.5.
13(f)
end delete
14begin insert(end insertbegin insertg)end insert “Groundwater” has the meaning provided in Section 10721
15of the Water Code.
16(g)
end delete
17begin insert(h)end insert “Groundwater extraction facility” has the meaning provided
18in Section 10721 of the Water Code.
19(h)
end delete
20begin insert(i)end insert “Groundwater sustainability plan” has the meaning provided
21in Section 10721 of the Water
Code.
22(i)
end delete
23begin insert(j)end insert “High-priority basin,” “medium-priority basin,” “low-priority
24basin,” and “very low priority basin” have the same meaning as
25the categorization of a basin by the department pursuant to Section
2610722.4 of the Water Code.
27(j)
end delete
28begin insert(k)end insert “Primary drinking water standards” has the
meaning provided
29in Section 116275 of the Health and Safety Code.
30(k)
end delete
31begin insert(l)end insert “Probationary basin” has the meaning provided in Section
3210735 of the Water Code.
33(l)
end delete
34begin insert(m)end insert “Special act water district” means an agency created by
35statute to manage groundwater that is the exclusive local agency
36within
its statutory boundaries with powers to comply with Part
372.74 (commencing with Section 10720) of Division 6 of the Water
38Code as described in paragraph (1) of subdivision (c) of Section
3910723 of the Water Code.
40(m)
end delete
P5 1begin insert(end insertbegin insertn)end insert “Undesirable result” has the meaning provided in Section
210721 of the Water Code.
(a) A city or county overlying a basin designated as
4a high- or medium-priority basin shall do both of the following:
5(1) By January 1, 2018, establish a process for the issuance of
6a groundwater extraction permit for the development of a
7groundwater extraction facility that requires an applicant for a
8groundwater extraction permit to demonstrate, based on substantial
9evidence, that extraction of groundwater from a proposed
10groundwater extraction facility will not contribute to or create an
11undesirable result.
12(2) Prohibit the issuance of a groundwater extraction permit for
13a new groundwater extraction
facility in either of the following:
14(A) A probationarybegin delete basin.end deletebegin insert basin, except if the board determines
15that part of a probationary basin is being adequately managed,
16in which case the prohibition on the issuance of a groundwater
17extraction permit for a new groundwater extraction facility shall
18apply only to those portions of the probationary basin not
19adequately managed as determined by the board.end insert
20(B) A basin designated in Bulletin 118 as a basin subject to
21critical conditions of overdraft.
22(b) A groundwater extraction permit for the development of a
23groundwater extraction facility
shall not be required for any of the
24following:
25 (1) A de minimis extractor.
26(2) The replacement of an existing groundwater extraction
27facility with a new groundwater extraction facility with the same
28or a lessor extraction capacity. For the purposes of this article,
29replacement includes the deepening of a groundwater extraction
30facility.
31(3) A groundwater extraction facility constructed to provide
32drinking water to a waterbegin delete system, if the water system meets both begin insert
system for the purposes of public
33of the following conditions:end delete
34health.end insert
35(A) The system provides water to a disadvantaged
36unincorporated community.
37(B) The system has received a citation for a violation of primary
38drinking water standards within the prior two years.
39(4) A groundwater extraction facility necessary for habitat or
40wetlands conservation.
P6 1(5) A groundwater extraction facility necessary for a renewable
2energy project such as utility scale
solar.
3(c) A city or county overlying a basin designated as a low- or
4very low priority basin may adopt an ordinance establishing a
5process for the issuance of groundwater extraction
permits for the
6development of a groundwater extraction facility in accordance
7with this section.
8(d) A groundwater extraction facility in a high- or
9medium-priority basin shall not be developed without a valid
10groundwater extraction permit issued pursuant to this section.
(a) A city or county shall review an application for
12a groundwater extraction facility pursuant to the timelines
13established in the Permit Streamlining Act (Chapter 4.5
14(commencing with Section 65920)).
15(b) A fee charged by a city or county to review an application
16for a groundwater extraction facility shall be determined in
17accordance with Sections 66014 and 66016.
This article does not require a city or county to
19establish a new process for the issuance of a groundwater extraction
20permit for the development of a groundwater extraction facility if
21the city or county has in effect an ordinance adopted before January
221,begin delete 2017,end deletebegin insert 2018,end insert that imposes conditions on the development of a
23new groundwater extraction facility in order to prevent the new
24groundwater extraction facility from contributing to or creating
25an undesirable result.
This article does not require a city or county overlying
27a medium- or high-priority basin to have a process for the issuance
28of a groundwater extraction permit for the development of a
29groundwater extraction facility on or after January 31, 2022, or
30once the department has evaluated a groundwater sustainability
31plan for the basin the city or county overlies and determined the
32plan to be adequate and likely to achieve the sustainability goal
33for the basin, whichever comes first.
(a) This article does not apply to a basin for which
35a court or the State Water Resources Control Board has adjudicated
36the rights to extract groundwater.
37(b) This article does not apply within the statutory boundaries
38of a special act water district.
No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P7 1a local agency or school district has the authority to levy service
2charges, fees, or assessments sufficient to pay for the program or
3level of service mandated by this act, within the meaning of Section
417556 of the Government Code.
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