Bill Text: CA AB1243 | 2015-2016 | Regular Session | Introduced
Bill Title: Groundwater recharge: grants.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1243 Detail]
Download: California-2015-AB1243-Introduced.html
BILL NUMBER: AB 1243 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gray
FEBRUARY 27, 2015
An act to amend Sections 1845 and 5208 of, and to add Chapter 12
(commencing with Section 10738) to Part 2.74 of Division 6 of, the
Water Code, relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
AB 1243, as introduced, Gray. Groundwater recharge: grants.
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 establish the Groundwater Recharge Grant Fund and
would provide that moneys in the fund are available, upon
appropriation by the Legislature, to the State Water Resources
Control Board to provide grants to local governments and water
districts for groundwater recharge infrastructure projects.
Existing law establishes groundwater reporting requirements for a
person extracting groundwater in an area within a basin that is not
within the management area of a groundwater sustainability agency or
that is a probationary basin. Existing law subjects a person to civil
liability if that person fails to file, as required, a report of
groundwater extraction, tampers with a required measuring device, or
makes a material misstatement in connection with the filing of a
report of groundwater extraction. Existing law provides that the
making of any willful misstatement in connection with these
groundwater reporting requirements is a misdemeanor punishable as
prescribed.
This bill would require one-half of the funds recovered for
failing to file a report of groundwater extraction, tampering with
any measuring device, or making a material misstatement in connection
with the filing of a report of groundwater extraction to be
deposited into the Groundwater Recharge Grant Fund.
Existing law authorizes the board to issue a cease and desist
order in response to a violation or threatened violation of any
decision or order of the board or any extraction restriction,
limitation, order, or regulation adopted or issued under the act.
Existing law establishes the Water Rights Fund, which consists of
various fees and penalties, and provides that revenue generated from
a violation of a cease and desist order of the board is deposited
into the Water Rights Fund.
This bill would require one-half of the funds recovered in
response to a violation or threatened violation of any decision or
order of the board under the act or any extraction restriction,
limitation, order, or regulation adopted or issued by the board under
the act to be deposited into the Groundwater Recharge Grant Fund.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1845 of the Water Code is amended to read:
1845. (a) Upon the failure of any person to comply with a cease
and desist order issued by the board pursuant to this chapter, the
Attorney General, upon the request of the board, shall petition the
superior court for the issuance of prohibitory or mandatory
injunctive relief as appropriate, including a temporary restraining
order, preliminary injunction, or permanent injunction.
(b) (1) A person or entity who violates a cease and desist order
issued pursuant to this chapter may be liable in an amount not to
exceed the following:
(A) If the violation occurs in a critically dry year immediately
preceded by two or more consecutive below normal, dry, or critically
dry years or during a period for which the Governor has issued a
proclamation of a state of emergency under the California Emergency
Services Act (Chapter 7 (commencing with Section 8550) of Division 1
of Title 2 of the Government Code) based on drought conditions, ten
thousand dollars ($10,000) for each day in which the violation
occurs.
(B) If the violation is not described by subparagraph (A), one
thousand dollars ($1,000) for each day in which the violation occurs.
(2) Civil liability may be imposed by the superior court. The
Attorney General, upon the request of the board, shall petition the
superior court to impose, assess, and recover those sums.
(3) Civil liability may be imposed administratively by the board
pursuant to Section 1055.
(c) In determining the appropriate amount, the court, or the
board, as the case may be, shall take into consideration all relevant
circumstances, including, but not limited to, the extent of harm
caused by the violation, the nature and persistence of the violation,
the length of time over which the violation occurs, and the
corrective action, if any, taken by the violator.
(d) (1) All funds recovered pursuant to this
section shall be deposited in the Water Rights Fund established
pursuant to Section 1550.
(2) Notwithstanding any other law, one-half of the funds recovered
in response to a violation or threatened violation of any decision
or order of the board issued under Chapter 11 (commencing with
Section 10735) of Part 2.74 of Division 6 or any extraction
restriction, limitation, order, or regulation adopted or issued under
that chapter shall be deposited into the Groundwater Recharge Grant
Fund established pursuant to Section 10738.
SEC. 2. Section 5208 of the Water Code is amended to read:
5208. (a) Section 5107 applies to a report
or measuring device required pursuant to this part. For purposes of
Section 5107, a report of groundwater extraction, measuring device,
or misstatement required, used, or made pursuant to this part shall
be considered the equivalent of a statement, measuring device, or
misstatement required, used, or made pursuant to Part 5.1 (commencing
with Section 5100).
(b) Notwithstanding any other law, one-half of the funds recovered
pursuant to this section shall be deposited into the Groundwater
Recharge Grant Fund established pursuant to Section 10738.
SEC. 3. Chapter 12 (commencing with Section 10738) is added to
Part 2.74 of Division 6 of the Water Code, to read:
CHAPTER 12. GROUNDWATER RECHARGE
10738. The Groundwater Recharge Grant Fund is hereby established
in the State Treasury. Moneys in the fund are available, upon
appropriation by the Legislature, to the board to provide grants to
local governments and water districts for groundwater recharge
infrastructure projects.
