BILL NUMBER: SB 988	CHAPTERED
	BILL TEXT

	CHAPTER  121
	FILED WITH SECRETARY OF STATE  JULY 10, 2014
	APPROVED BY GOVERNOR  JULY 10, 2014
	PASSED THE SENATE  MAY 8, 2014
	PASSED THE ASSEMBLY  JUNE 26, 2014

INTRODUCED BY   Senator Jackson
   (Coauthor: Senator Pavley)
   (Coauthors: Assembly Members Gorell and Williams)

                        FEBRUARY 12, 2014

   An act to add Section 410 to the Fox Canyon Groundwater Management
Agency Act (Chapter 1023 of the Statutes of 1982), relating to the
Fox Canyon Groundwater Management Agency.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 988, Jackson. Fox Canyon Groundwater Management Agency.
   Existing law, the Fox Canyon Groundwater Management Agency Act,
creates the Fox Canyon Groundwater Management Agency and authorizes
the agency to perform groundwater management activities within its
boundaries. Existing law establishes a board of directors to govern
the agency and authorizes the board to adopt ordinances for the
purpose of regulating, conserving, managing, and controlling the use
and extraction of groundwater within the territory of the agency.
Existing law provides that any person who intentionally violates any
provision of the act or any agency ordinance is guilty of an
infraction, as prescribed, and that any person who negligently or
intentionally violates any provision of the act or any agency
ordinance may also be liable civilly to the agency, as specified.
   This bill would authorize, for the purpose of investigating
compliance with or enforcing any provisions of the act or any agency
ordinance, the agency to inspect any extraction facility within the
boundaries of the agency. The bill would require the inspection to be
made with the consent of the operator of the extraction facility,
or, if consent is refused, with a duly issued inspection warrant.
   Because the willful refusal of an inspection lawfully authorized
by an inspection warrant is a misdemeanor, this bill would impose a
state-mandated local program by expanding the application of a crime.

   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 410 is added to the Fox Canyon Groundwater
Management Agency Act (Chapter 1023 of the Statutes of 1982), to
read:
  Sec. 410.  For the purpose of investigating compliance with or
enforcing any provisions of this act or any agency ordinance, the
agency may inspect any extraction facility within the boundaries of
the agency. The inspection shall be made with the consent of the
operator of the extraction facility or, if consent is refused, with a
warrant duly issued pursuant to Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.