Bill Text: CA AB1739 | 2013-2014 | Regular Session | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Groundwater management.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-09-16 - Chaptered by Secretary of State - Chapter 347, Statutes of 2014. [AB1739 Detail]
Download: California-2013-AB1739-Enrolled.html
Bill Title: Groundwater management.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-09-16 - Chaptered by Secretary of State - Chapter 347, Statutes of 2014. [AB1739 Detail]
Download: California-2013-AB1739-Enrolled.html
BILL NUMBER: AB 1739 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 29, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN SENATE AUGUST 7, 2014
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Member Dickinson
(Principal coauthor: Senator Pavley)
(Coauthor: Assembly Member Rendon)
FEBRUARY 14, 2014
An act to amend Sections 65352 and 65352.5 of, and to add Section
65350.5 to, the Government Code, and to amend Sections 348, 1120,
1552, 1831, 10721, 10726.4, and 10726.8 of, to add Sections 1529.5
and 10726.9 to, to add Part 5.2 (commencing with Section 5200) to
Division 2 of, and to add Chapter 7 (commencing with Section 10729),
Chapter 8 (commencing with Section 10730), Chapter 9 (commencing with
Section 10732), Chapter 10 (commencing with Section 10733), and
Chapter 11 (commencing with Section 10735) to Part 2.74 of Division 6
of, the Water Code, relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
AB 1739, Dickinson. Groundwater management.
(1) Existing law authorizes local agencies to adopt and implement
a groundwater management plan. Existing law requires a groundwater
management plan to contain specified components and requires a local
agency seeking state funds administered by the Department of Water
Resources for groundwater projects or groundwater quality projects to
do certain things, including, but not limited to, preparing and
implementing a groundwater management plan that includes basin
management objectives for the groundwater basin.
This bill would provide specific authority to a groundwater
sustainability agency, as defined in SB 1168 of the 2013-14 Regular
Session, to impose certain fees. The bill would authorize the
department or a groundwater sustainability agency to provide
technical assistance to entities that extract or use groundwater to
promote water conservation and protect groundwater resources. This
bill would require the department, by January 1, 2017, to publish on
its Internet Web site best management practices for the sustainable
management of groundwater, and would require the department to
prepare and release a report by December 31, 2016, on the department'
s best estimate of water available for replenishment of groundwater
in the state.
This bill would require a groundwater sustainability agency to
submit a groundwater sustainability plan to the department for review
upon adoption. This bill would require the department to
periodically review groundwater sustainability plans, and by June 1,
2016, would require the department to adopt certain regulations. This
bill would authorize a local agency to submit to the department for
evaluation and assessment an alternative that the local agency
believes satisfies the objectives of these provisions. This bill
would require the department to review any of the above-described
submissions at least every 5 years after initial submission to the
department.
This bill would authorize the board to conduct inspections and
would authorize the board to obtain an 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.
This bill would authorize the board to designate a basin as a
probationary basin if the board makes a certain determination. This
bill would authorize the board to develop an interim plan for a
probationary basin if the board, in consultation with the department,
determines that a local agency has not remedied a deficiency that
resulted in designating the basin as a probationary basin within a
certain timeframe. This bill would authorize the board to adopt an
interim plan for a probationary basin after notice and a public
hearing and would require state entities to comply with an interim
plan. This bill would specifically authorize the board to rescind all
or a portion of an interim plan if the board determines at the
request of specified petitioners that a groundwater sustainability
plan or adjudication action is adequate to eliminate the condition of
long-term overdraft or condition where groundwater extractions
result in significant depletions of interconnected surface waters.
This bill would provide that the board has authority to stay its
proceedings relating to an interim plan or to rescind or amend an
interim plan based on the progress made by a groundwater
sustainability agency or in an adjudication action.
(2) Existing law establishes the Water Rights Fund, which consists
of various fees and penalties. The moneys in the Water Rights Fund
are available, upon appropriation by the Legislature, for, among
other things, the administration of the State Water Resource Control
Board's water rights program.
This bill would provide that the moneys in the Water Rights Fund
are available for expenditure, upon appropriation by the Legislature,
for the purpose of state board enforcement of the provisions of this
bill. This bill would require the board to adopt a schedule of fees
in an amount sufficient to recover all costs incurred and expended
from the Water Rights Fund by the board for this bill.
Under existing law, a person who violates a cease and desist order
of the board may be liable in an amount not to exceed $1,000 for
each day in which the violation occurs. Revenue generated from these
penalties is deposited in the Water Rights Fund.
This bill would authorize 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
provisions of this bill.
(3) Existing law, with certain exceptions, requires each person
who diverts water after December 31, 1965, to file with the State
Water Resources Control Board a prescribed statement of diversion and
use. Existing law subjects a person to civil liability if that
person fails to file, as required, a diversion and use statement for
a diversion or use that occurs after January 1, 2009, tampers with
any measuring device, or makes a material misstatement in connection
with the filing of a diversion or use statement. Existing law
provides that the making of any willful misstatement in connection
with these provisions is a misdemeanor punishable as prescribed.
This bill would establish 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
a probationary basin. The bill would require the reports to be
submitted to the board or, in certain areas, to an entity designated
as a local agency by the board, as specified. This bill would require
each report to be accompanied by a specified fee. This bill would
apply the above-described criminal and civil liability provisions to
a report or measuring device required by this reporting requirement.
By expanding the definition of a crime, this bill would impose a
state-mandated local program.
Existing law authorizes the board or the Department of Water
Resources to adopt emergency regulations providing for the filing of
reports of water diversion or use that are required to be filed.
This bill would authorize the board or the department to adopt
emergency regulations providing for the filing of reports of water
extraction.
(4) Existing law requires the legislative body of each county and
city to adopt a comprehensive, long-term general plan for the
physical development of the county or city with specified elements,
including, among others, land use and conservation elements. Existing
law requires a city or county, upon the adoption or revision of its
general plan, on or after January 1, 1996, to utilize as a source
document any urban water management plan submitted to the city or
county by a water agency.
This bill would require, prior to the adoption or any substantial
amendment of a general plan, the planning agency to review and
consider a groundwater sustainability plan, groundwater management
plan, groundwater management court order, judgment, or decree,
adjudication of water rights, or a certain order or interim plan by
the State Water Resources Control Board. This bill would require the
planning agency to refer a proposed action to adopt or substantially
amend a general plan to any groundwater sustainability agency that
has adopted a groundwater sustainability plan or local agency that
otherwise manages groundwater and to the State Water Resources
Control Board if it has adopted an interim plan that includes
territory within the planning area.
Existing law requires a public water system to provide a planning
agency with certain information upon receiving notification of a city'
s or a county's proposed action to adopt or substantially amend a
general plan.
This bill would also require a groundwater sustainability agency
or an entity that submits an alternative to provide the planning
agency with certain information as is appropriate and relevant,
including a report on the anticipated effect of the proposed action
on implementation of a groundwater sustainability plan.
By imposing new duties on a city or county, this bill would impose
a state-mandated local program.
(5) Senate Bill 1168 of the 2013-14 Regular Session, if enacted,
would enact the Sustainable Groundwater Management Act, and would
define "undesirable result" for purposes of those provisions. The act
would grant specified authority to a groundwater sustainability
agency relating to controlling groundwater extractions, and would
specify that various provisions do not supersede the land use
authority of cities and counties, as specified.
This bill would revise the definition of "undesirable result," and
would specify that certain authority granted to a groundwater
sustainability agency to control groundwater extractions shall be
consistent with applicable elements of a city or county general plan,
except as specified. The bill would provide that the provisions
against superseding the land use authority of cities and counties
apply to that authority within the overlying basin, including the
city or county general plan, and would require a groundwater
sustainability plan to take into account the most recent planning
assumptions stated in local general plans overlying the basin.
(6) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(7) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
(8) This bill would make its operation contingent on the enactment
of SB 1168 of the 2013-14 Regular Session.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares as follows:
(1) The people of the state have a primary interest in the
protection, management, and reasonable beneficial use of the water
resources of the state, both surface and underground, and that the
integrated management of the state's water resources is essential to
meeting its water management goals.
(2) Groundwater provides a significant portion of California's
water supply. Groundwater accounts for more than one-third of the
water used by Californians in an average year and more than one-half
of the water used by Californians in a drought year when other
sources are unavailable.
(3) Excessive groundwater extraction can cause overdraft, failed
wells, deteriorated water quality, environmental damage, and
irreversible land subsidence that damages infrastructure and
diminishes the capacity of aquifers to store water for the future.
(4) When properly managed, groundwater resources will help protect
communities, farms, and the environment against prolonged dry
periods and climate change, preserving water supplies for existing
and potential beneficial use.
(5) Failure to manage groundwater to prevent long-term overdraft
infringes on groundwater rights.
(6) Groundwater resources are most effectively managed at the
local or regional level.
(7) Groundwater management will not be effective unless local
actions to sustainably manage groundwater basins and subbasins are
taken.
(8) Local and regional agencies need to have the necessary support
and authority to manage groundwater sustainably.
(9) In those circumstances where a local groundwater management
agency is not managing its groundwater sustainably, the state needs
to protect the resource until it is determined that a local
groundwater management agency can sustainably manage the groundwater
basin or subbasin.
(10) Information on the amount of groundwater extraction, natural
and artificial recharge, and groundwater evaluations are critical for
effective management of groundwater.
(11) Sustainable groundwater management in California depends upon
creating more opportunities for robust conjunctive management of
surface water and groundwater resources. Climate change will
intensify the need to recalibrate and reconcile surface water and
groundwater management strategies.
(12) Sustainability groundwater management is part of
implementation of the California Water Action Plan.
(b) It is, therefore, the intent of the Legislature to do all of
the following:
(1) To provide local and regional agencies the authority to
sustainably manage groundwater.
(2) To provide that if no local groundwater agency or agencies
provide sustainable groundwater management for a groundwater basin or
subbasin, the state has the authority to develop and implement an
interim plan until the time the local groundwater sustainability
agency or agencies can assume management of the basin or subbasin.
(3) To require the development and reporting of those data
necessary to support sustainable groundwater management, including
those data that help describe the basin's geology, the short- and
long-term trends of the basin's water balance, and other measures of
sustainability, and those data necessary to resolve disputes
regarding sustainable yield, beneficial uses, and water rights.
(4) To respect overlying and other proprietary rights to
groundwater, consistent with Section 1200 of the Water Code.
(5) To recognize and preserve the authority of cities and counties
to manage groundwater pursuant to their police powers.
SEC. 2. Section 65350.5 is added to the Government Code, to read:
65350.5. Before the adoption or any substantial amendment of a
city's or county's general plan, the planning agency shall review and
consider all of the following:
(a) An adoption of, or update to, a groundwater sustainability
plan or groundwater management plan pursuant to Part 2.74 (commencing
with Section 10720) or Part 2.75 (commencing with Section 10750) of
Division 6 of the Water Code or groundwater management court order,
judgment, or decree.
(b) An adjudication of water rights.
(c) An order or interim plan by the State Water Resources Control
Board pursuant to Chapter 11 (commencing with Section 10735) of Part
2.74 of Division 6 of the Water Code.
SEC. 3. Section 65352 of the Government Code is amended to read:
65352. (a) Before a legislative body takes action to adopt or
substantially amend a general plan, the planning agency shall refer
the proposed action to all of the following entities:
(1) A city or county, within or abutting the area covered by the
proposal, and any special district that may be significantly affected
by the proposed action, as determined by the planning agency.
(2) An elementary, high school, or unified school district within
the area covered by the proposed action.
(3) The local agency formation commission.
(4) An areawide planning agency whose operations may be
significantly affected by the proposed action, as determined by the
planning agency.
(5) A federal agency, if its operations or lands within its
jurisdiction may be significantly affected by the proposed action, as
determined by the planning agency.
(6) (A) The branches of the United States Armed Forces that have
provided the Office of Planning and Research with a California
mailing address pursuant to subdivision (d) of Section 65944, if the
proposed action is within 1,000 feet of a military installation, or
lies within special use airspace, or beneath a low-level flight path,
as defined in Section 21098 of the Public Resources Code, and if the
United States Department of Defense provides electronic maps of
low-level flight paths, special use airspace, and military
installations at a scale and in an electronic format that is
acceptable to the Office of Planning and Research.
(B) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet. Cities, counties,
and cities and counties shall comply with subparagraph (A) within 30
days of receiving this notice from the office.
(7) A public water system, as defined in Section 116275 of the
Health and Safety Code, with 3,000 or more service connections, that
serves water to customers within the area covered by the proposal.
The public water system shall have at least 45 days to comment on the
proposed plan, in accordance with subdivision (b), and to provide
the planning agency with the information set forth in Section
65352.5.
(8) Any groundwater sustainability agency that has adopted a
groundwater sustainability plan pursuant to Part 2.74 (commencing
with Section 10720) of Division 6 of the Water Code or local agency
that otherwise manages groundwater pursuant to other provisions of
law or a court order, judgment, or decree within the planning area of
the proposed general plan.
(9) The State Water Resources Control Board, if it has adopted an
interim plan pursuant to Chapter 11 (commencing with Section 10735)
of Part 2.74 of Division 6 of the Water Code that includes territory
within the planning area of the proposed general plan.
(10) The Bay Area Air Quality Management District for a proposed
action within the boundaries of the district.
(11) A California Native American tribe that is on the contact
list maintained by the Native American Heritage Commission and that
has traditional lands located within the city's or county's
jurisdiction.
(12) The Central Valley Flood Protection Board for a proposed
action within the boundaries of the Sacramento and San Joaquin
Drainage District, as set forth in Section 8501 of the Water Code.
(b) An entity receiving a proposed general plan or amendment of a
general plan pursuant to this section shall have 45 days from the
date the referring agency mails it or delivers it to comment unless a
longer period is specified by the planning agency.
(c) (1) This section is directory, not mandatory, and the failure
to refer a proposed action to the entities specified in this section
does not affect the validity of the action, if adopted.
(2) To the extent that the requirements of this section conflict
with the requirements of Chapter 4.4 (commencing with Section 65919),
the requirements of Chapter 4.4 shall prevail.
SEC. 4. Section 65352.5 of the Government Code is amended to read:
65352.5. (a) The Legislature finds and declares that it is vital
that there be close coordination and consultation between California'
s water supply or management agencies and California's land use
approval agencies to ensure that proper water supply and management
planning occurs to accommodate projects that will result in increased
demands on water supplies or impact water resource management.
(b) It is, therefore, the intent of the Legislature to provide a
standardized process for determining the adequacy of existing and
planned future water supplies to meet existing and planned future
demands on these water supplies and the impact of land use decisions
on the management of California's water supply resources.
(c) Upon receiving, pursuant to Section 65352, notification of a
city's or a county's proposed action to adopt or substantially amend
a general plan, a public water system, as defined in Section 116275
of the Health and Safety Code, with 3,000 or more service
connections, shall provide the planning agency with the following
information, as is appropriate and relevant:
(1) The current version of its urban water management plan,
adopted pursuant to Part 2.6 (commencing with Section 10610) of
Division 6 of the Water Code.
(2) The current version of its capital improvement program or
plan, as reported pursuant to Section 31144.73 of the Water Code.
(3) A description of the source or sources of the total water
supply currently available to the water supplier by water right or
contract, taking into account historical data concerning wet, normal,
and dry runoff years.
(4) A description of the quantity of surface water that was
purveyed by the water supplier in each of the previous five years.
(5) A description of the quantity of groundwater that was purveyed
by the water supplier in each of the previous five years.
(6) A description of all proposed additional sources of water
supplies for the water supplier, including the estimated dates by
which these additional sources should be available and the quantities
of additional water supplies that are being proposed.
(7) A description of the total number of customers currently
served by the water supplier, as identified by the following
categories and by the amount of water served to each category:
(A) Agricultural users.
(B) Commercial users.
(C) Industrial users.
(D) Residential users.
(8) Quantification of the expected reduction in total water
demand, identified by each customer category set forth in paragraph
(7), associated with future implementation of water use reduction
measures identified in the water supplier's urban water management
plan.
(9) Any additional information that is relevant to determining the
adequacy of existing and planned future water supplies to meet
existing and planned future demands on these water supplies.
(d) Upon receiving, pursuant to Section 65352, notification of a
city's or a county's proposed action to adopt or substantially amend
a general plan, a groundwater sustainability agency, as defined in
Section 10721 of the Water Code, or an entity that submits an
alternative under Section 10733.6 shall provide the planning agency
with the following information, as is appropriate and relevant:
(1) The current version of its groundwater sustainability plan or
alternative adopted pursuant to Part 2.74 (commencing with Section
10720) of Division 6 of the Water Code.
(2) If the groundwater sustainability agency manages groundwater
pursuant to a court order, judgment, decree, or agreement among
affected water rights holders, or if the State Water Resources
Control Board has adopted an interim plan pursuant to Chapter 11
(commencing with Section 10735) of Part 2.74 of Division 6 of the
Water Code, the groundwater sustainability agency shall provide the
planning agency with maps of recharge basins and percolation ponds,
extraction limitations, and other relevant information, or the court
order, judgment, or decree.
(3) A report on the anticipated effect of proposed action to adopt
or substantially amend a general plan on implementation of a
groundwater sustainability plan pursuant to Part 2.74 (commencing
with Section 10720) of Division 6 of the Water Code.
SEC. 5. Section 348 of the Water Code is amended to read:
348. (a) The department or the board may adopt emergency
regulations providing for the electronic filing of reports of water
extraction or water diversion or use required to be filed with the
department or board under this code, including, but not limited to,
any report required to be filed under Part 5.1 (commencing with
Section 5100) or Part 5.2 (commencing with Section 5200) of Division
2 and any report required to be filed by a water right permittee or
licensee.
(b) Emergency regulations adopted pursuant to this section, or any
amendments thereto, shall be adopted by the department or the board
in accordance with Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code. The adoption
of these regulations is an emergency and shall be considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health, safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, any
emergency regulations or amendments to those regulations adopted
under this section shall remain in effect until revised by the
department or the board that adopted the regulations or amendments.
SEC. 6. Section 1120 of the Water Code is amended to read:
1120. This chapter applies to any decision or order issued under
this part or Section 275, Part 2 (commencing with Section 1200), Part
2 (commencing with Section 10500) of Division 6, Chapter 11
(commencing with Section 10735) of Part 2.74 of Division 6, Article 7
(commencing with Section 13550) of Chapter 7 of Division 7, or the
public trust doctrine.
SEC. 7. Section 1529.5 is added to the Water Code, to read:
1529.5. (a) The board shall adopt a schedule of fees pursuant to
Section 1530 to recover costs incurred in administering Chapter 11
(commencing with Section 10735) of Part 2.74 of Division 6.
Recoverable costs include, but are not limited to, costs incurred in
connection with investigations, facilitation, monitoring, hearings,
enforcement, and administrative costs in carrying out these actions.
(b) The fee schedule adopted under this section may include, but
is not limited to, the following:
(1) A fee for participation as a petitioner or party to an
adjudicative proceeding.
(2) A fee for the filing of a report pursuant to Part 5.2
(commencing with Section 5200) of Division 2.
(c) Consistent with Section 3 of Article XIII A of the California
Constitution, the board shall set the fees under this section in an
amount sufficient to cover all costs incurred and expended from the
Water Rights Fund for the purposes of Part 5.2 (commencing with
Section 5200) and Chapter 11 (commencing with Section 10735) of Part
2.74 of Division 6. In setting these fees, the board is not required
to fully recover these costs in the year or the year immediately
after the costs are incurred, but the board may provide for recovery
of these costs over a period of years.
SEC. 8. Section 1552 of the Water Code is amended to read:
1552. The money in the Water Rights Fund is available for
expenditure, upon appropriation by the Legislature, for the following
purposes:
(a) For expenditure by the State Board of Equalization in the
administration of this chapter and the Fee Collection Procedures Law
(Part 30 (commencing with Section 55001) of Division 2 of the Revenue
and Taxation Code) in connection with any fee or expense subject to
this chapter.
(b) For the payment of refunds, pursuant to Part 30 (commencing
with Section 55001) of Division 2 of the Revenue and Taxation Code,
of fees or expenses collected pursuant to this chapter.
(c) For expenditure by the board for the purposes of carrying out
this division, Division 1 (commencing with Section 100), Part 2
(commencing with Section 10500) and Chapter 11 (commencing with
Section 10735) of Part 2.74 of Division 6, and Article 7 (commencing
with Section 13550) of Chapter 7 of Division 7.
(d) For expenditures by the board for the purposes of carrying out
Sections 13160 and 13160.1 in connection with activities involving
hydroelectric power projects subject to licensing by the Federal
Energy Regulatory Commission.
(e) For expenditures by the board for the purposes of carrying out
Sections 13140 and 13170 in connection with plans and policies that
address the diversion or use of water.
SEC. 9. Section 1831 of the Water Code is amended to read:
1831. (a) When the board determines that any person is violating,
or threatening to violate, any requirement described in subdivision
(d), the board may issue an order to that person to cease and desist
from that violation.
(b) The cease and desist order shall require that person to comply
forthwith or in accordance with a time schedule set by the board.
(c) The board may issue a cease and desist order only after notice
and an opportunity for hearing pursuant to Section 1834.
(d) The board may issue a cease and desist order in response to a
violation or threatened violation of any of the following:
(1) The prohibition set forth in Section 1052 against the
unauthorized diversion or use of water subject to this division.
(2) Any term or condition of a permit, license, certification, or
registration issued under this division.
(3) Any decision or order of the board issued under this part,
Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74
of Division 6, or Article 7 (commencing with Section 13550) of
Chapter 7 of Division 7, in which decision or order the person to
whom the cease and desist order will be issued, or a predecessor in
interest to that person, was named as a party directly affected by
the decision or order.
(4) A regulation adopted under Section 1058.5.
(5) Any extraction restriction, limitation, order, or regulation
adopted or issued under Chapter 11 (commencing with Section 10735) of
Part 2.74 of Division 6.
(e) This article does not authorize the board to regulate in any
manner, the diversion or use of water not otherwise subject to
regulation of the board under this part.
SEC. 10. Part 5.2 (commencing with Section 5200) is added to
Division 2 of the Water Code, to read:
PART 5.2. Groundwater Extraction Reporting for Probationary
Basins and Basins Without a Groundwater Sustainability Agency
5200. The Legislature finds and declares that this part
establishes groundwater reporting requirements for the purposes of
subdivision (b) of Section 10724 and Chapter 11 (commencing with
Section 10735) of Part 2.74 of Division 6.
5201. As used in this part:
(a) "Basin" has the same meaning as defined in Section 10721.
(b) "Board-designated local area" has the same meaning as defined
in Section 5009.
(c) "De minimis extractor" has the same meaning as defined in
Section 10721.
(d) "Groundwater" has the same meaning as defined in Section
10721.
(e) "Groundwater extraction facility" has the same meaning as
defined in Section 10721.
(f) "Groundwater sustainability agency" has the same meaning as
defined in Section 10721.
(g) "Person" has the same meaning as defined in Section 10735.
(h) "Personal information" has the same meaning as defined in
Section 1798.3 of the Civil Code.
(i) "Probationary basin" has the same meaning as defined in
Section 10735.
(j) "Water year" has the same meaning as defined in Section 10721.
5202. (a) This section applies to a person who does either of the
following:
(1) Extracts groundwater from a probationary basin 90 days or more
after the board designates the basin as a probationary basin
pursuant to Section 10735.2.
(2) Extracts groundwater on or after July 1, 2017, in an area
within a basin that is not within the management area of a
groundwater sustainability agency and where the county does not
assume responsibility to be the groundwater sustainability agency, as
provided in subdivision (b) of Section 10724.
(b) Except as provided in subdivision (c), a person subject to
this section shall file a report of groundwater extraction by
December 15 of each year for extractions made in the preceding water
year.
(c) Unless reporting is required pursuant to paragraph (2) of
subdivision (c) of Section 10735.2, this section does not apply to
any of the following:
(1) An extraction by a de minimis extractor.
(2) An extraction excluded from reporting pursuant to paragraph
(1) of subdivision (c) of Section 10735.2.
(3) An extraction reported pursuant to Part 5 (commencing with
Section 4999).
(4) An extraction that is included in annual reports filed with a
court or the board by a watermaster appointed by a court or pursuant
to statute to administer a final judgment determining rights to
water. The reports shall identify the persons who have extracted
water and give the general place of use and the quantity of water
that has been extracted from each source.
(d) Except as provided in Section 5209, the report shall be filed
with the board.
(e) The report may be filed by the person extracting water or on
that person's behalf by an agency that person designates and that
maintains a record of the water extracted.
(f) Each report shall be accompanied by the fee imposed pursuant
to Section 1529.5.
5203. Each report shall be prepared on a form provided by the
board. The report shall include all of the following information:
(a) The name and address of the person who extracted groundwater
and of the person filing the report.
(b) The name of the basin from which groundwater was extracted.
(c) The place of groundwater extraction. The location of the
groundwater extraction facilities shall be depicted on a specific
United States Geological Survey topographic map or shall be
identified using the California Coordinate System or a latitude and
longitude measurement. If assigned, the public land description to
the nearest 40-acre subdivision and the assessor's parcel number
shall be provided.
(d) The capacity of the groundwater extraction facilities.
(e) Monthly records of groundwater extractions. The measurements
of the extractions shall be made by a methodology, water-measuring
device, or combination thereof satisfactory to the board.
(f) The purpose of use.
(g) A general description of the area in which the water was used.
The location of the place of use shall be depicted on a specific
United States Geological Survey topographic map or on any other maps
with identifiable landmarks. If assigned, the public land description
to the nearest 40-acre subdivision and the assessor's parcel number
shall also be provided.
(h) As near as is known, the year in which the groundwater
extraction was commenced.
(i) Any information required pursuant to paragraph (3) of
subdivision (c) of Section 10735.2.
(j) Any other information that the board may require by regulation
and that is reasonably necessary for purposes of this division or
Part 2.74 (commencing with Section 10720) of Division 6.
5204. (a) If a person fails to file a report as required by this
part, the board may, at the expense of that person, investigate and
determine the information required to be reported pursuant to this
part.
(b) The board shall give a person described in subdivision (a)
notice of its intention to investigate and determine the information
required to be reported pursuant to this part and 60 days in which to
file a required report without penalty.
5205. A report submitted under this part or a determination of
facts by the board pursuant to Section 5104 shall not establish or
constitute evidence of a right to divert or use water.
5206. Personal information included in a report of groundwater
extraction shall have the same protection from disclosure as is
provided for information concerning utility customers of local
agencies pursuant to Section 6254.16 of the Government Code.
5207. A right to extract groundwater that may otherwise occur
shall not arise or accrue to, and a statute of limitations shall not
operate in favor of, a person required to file a report pursuant to
this part until the person files the report.
5208. 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).
5209. For groundwater extractions in a board-designated local
area, reports required pursuant to this part shall be submitted to
the entity designated pursuant to subdivision (e) of Section 5009 if
both of the following occur:
(a) The board determines that the requirements of subdivision (e)
of Section 5009 have been satisfied with respect to extractions
subject to reporting pursuant to this part, in addition to any
groundwater extractions subject to Part 5 (commencing with Section
4999).
(b) The designated entity has made satisfactory arrangements to
collect and transmit to the board any fees imposed pursuant to
paragraph (2) of subdivision (b) of Section 1529.5.
SEC. 11. Section 10721 of the Water Code, as added by Senate Bill
1168 of the 2013-14 Regular Session, is amended to read:
10721. Unless the context otherwise requires, the following
definitions govern the construction of this part:
(a) "Adjudication action" means an action filed in the superior or
federal district court to determine the rights to extract
groundwater from a basin or store water within a basin, including,
but not limited to, actions to quiet title respecting rights to
extract or store groundwater or an action brought to impose a
physical solution on a basin.
(b) "Basin" means a groundwater basin or subbasin identified and
defined in Bulletin 118 or as modified pursuant to Chapter 3
(commencing with Section 10722).
(c) "Bulletin 118" means the department's report entitled
"California's Groundwater: Bulletin 118" updated in 2003, as it may
be subsequently updated or revised in accordance with Section 12924.
(d) "Coordination agreement" means a legal agreement adopted
between two or more groundwater sustainability agencies that provides
the basis for coordinating multiple agencies or groundwater
sustainability plans within a basin pursuant to this part.
(e) "De minimis extractor" means a person who extracts, for
domestic purposes, two acre-feet or less per year.
(f) "Governing body" means the legislative body of a groundwater
sustainability agency.
(g) "Groundwater" means water beneath the surface of the earth
within the zone below the water table in which the soil is completely
saturated with water, but does not include water that flows in known
and definite channels.
(h) "Groundwater extraction facility" means a device or method for
extracting groundwater from within a basin.
(i) "Groundwater recharge" means the augmentation of groundwater,
by natural or artificial means.
(j) "Groundwater sustainability agency" means one or more local
agencies that implement the provisions of this part. For purposes of
imposing fees pursuant to Chapter 8 (commencing with Section 10730)
or taking action to enforce a groundwater sustainability plan,
"groundwater sustainability agency" also means each local agency
comprising the groundwater sustainability agency if the plan
authorizes separate agency action.
(k) "Groundwater sustainability plan" or "plan" means a plan of a
groundwater sustainability agency proposed or adopted pursuant to
this part.
(l) "Groundwater sustainability program" means a coordinated and
ongoing activity undertaken to benefit a basin, pursuant to a
groundwater sustainability plan.
(m) "Local agency" means a local public agency that has water
supply, water management, or land use responsibilities within a
groundwater basin.
(n) "Operator" means a person operating a groundwater extraction
facility. The owner of a groundwater extraction facility shall be
conclusively presumed to be the operator unless a satisfactory
showing is made to the governing body of the groundwater
sustainability agency that the groundwater extraction facility
actually is operated by some other person.
(o) "Owner" means a person owning a groundwater extraction
facility or an interest in a groundwater extraction facility other
than a lien to secure the payment of a debt or other obligation.
(p) "Personal information" has the same meaning as defined in
Section 1798.3 of the Civil Code.
(q) "Planning and implementation horizon" means a 50-year time
period over which a groundwater sustainability agency determines that
plans and measures will be implemented in a basin to ensure that the
basin is operated within its sustainable yield.
(r) "Public water system" has the same meaning as defined in
Section 116275 of the Health and Safety Code.
(s) "Recharge area" means the area that supplies water to an
aquifer in a groundwater basin.
(t) "Sustainability goal" means the existence and implementation
of one or more groundwater sustainability plans that achieve
sustainable groundwater management by identifying and causing the
implementation of measures targeted to ensure that the applicable
basin is operated within its sustainable yield.
(u) "Sustainable groundwater management" means the management and
use of groundwater in a manner that can be maintained during the
planning and implementation horizon without causing undesirable
results.
(v) "Sustainable yield" means the maximum quantity of water,
calculated over a base period representative of long-term conditions
in the basin and including any temporary surplus, that can be
withdrawn annually from a groundwater supply without causing an
undesirable result.
(w) "Undesirable result" means one or more of the following
effects caused by groundwater conditions occurring throughout the
basin:
(1) Chronic lowering of groundwater levels indicating a
significant and unreasonable depletion of supply if continued over
the planning and implementation horizon. Overdraft during a period of
drought is not sufficient to establish a chronic lowering of
groundwater levels if extractions and recharge are managed as
necessary to ensure that reductions in groundwater levels or storage
during a period of drought are offset by increases in groundwater
levels or storage during other periods.
(2) Significant and unreasonable reduction of groundwater storage.
(3) Significant and unreasonable seawater intrusion.
(4) Significant and unreasonable degraded water quality, including
the migration of contaminant plumes that impair water supplies.
(5) Significant and unreasonable land subsidence that
substantially interferes with surface land uses.
(6) Depletions of interconnected surface water that have
significant and unreasonable adverse impacts on beneficial uses of
the surface water.
(x) "Water budget" means an accounting of the total groundwater
and surface water entering and leaving a basin including the changes
in the amount of water stored.
(y) "Watermaster" means a watermaster appointed by a court or
pursuant to other law.
(z) "Water year" means the period from October 1 through the
following September 30, inclusive.
(aa) "Wellhead protection area" means the surface and subsurface
area surrounding a water well or well field that supplies a public
water system through which contaminants are reasonably likely to
migrate toward the water well or well field.
SEC. 12. Section 10726.4 of the Water Code, as added by Senate
Bill 1168 of the 2013-14 Regular Session, is amended to read:
10726.4. (a) A groundwater sustainability agency shall have the
following additional authority and may regulate groundwater
extraction using that authority:
(1) To impose spacing requirements on new groundwater well
construction to minimize well interference and impose reasonable
operating regulations on existing groundwater wells to minimize well
interference, including requiring extractors to operate on a rotation
basis.
(2) To control groundwater extractions by regulating, limiting, or
suspending extractions from individual groundwater wells or
extractions from groundwater wells in the aggregate, construction of
new groundwater wells, enlargement of existing groundwater wells, or
reactivation of abandoned groundwater wells, or otherwise
establishing groundwater extraction allocations. Those actions shall
be consistent with the applicable elements of the city or county
general plan, unless there is insufficient sustainable yield in the
basin to serve a land use designated in the city or county general
plan. A limitation on extractions by a groundwater sustainability
agency shall not be construed to be a final determination of rights
to extract groundwater from the basin or any portion of the basin.
(3) To authorize temporary and permanent transfers of groundwater
extraction allocations within the agency's boundaries, if the total
quantity of groundwater extracted in any water year is consistent
with the provisions of the groundwater sustainability plan. The
transfer is subject to applicable city and county ordinances.
(4) To establish accounting rules to allow unused groundwater
extraction allocations issued by the agency to be carried over from
one year to another and voluntarily transferred, if the total
quantity of groundwater extracted in any five-year period is
consistent with the provisions of the groundwater sustainability
plan.
(b) This section does not authorize a groundwater sustainability
agency to issue permits for the construction, modification, or
abandonment of groundwater wells, except as authorized by a county
with authority to issue those permits. A groundwater sustainability
agency may request of the county, and the county shall consider, that
the county forward permit requests for the construction of new
groundwater wells, the enlarging of existing groundwater wells, and
the reactivation of abandoned groundwater wells to the groundwater
sustainability agency before permit approval.
SEC. 13. Section 10726.8 of the Water Code, as added by Senate
Bill 1168 of the 2013-14 Regular Session, is amended to read:
10726.8. (a) This part is in addition to, and not a limitation
on, the authority granted to a local agency under any other law. The
local agency may use the local agency's authority under any other law
to apply and enforce any requirements of this part, including, but
not limited to, the collection of fees.
(b) Nothing in this part shall be construed as authorizing a local
agency to make a binding determination of the water rights of any
person or entity.
(c) Nothing in this part is a limitation on the authority of the
board, the department, or the State Department of Public Health.
(d) Notwithstanding Section 6103 of the Government Code, a state
or local agency that extracts groundwater shall be subject to a fee
imposed under this part to the same extent as any nongovernmental
entity.
(e) Except as provided in subdivision (d), this part does not
authorize a local agency to impose any requirement on the state or
any agency, department, or officer of the state. State agencies and
departments shall work cooperatively with a local agency on a
voluntary basis.
(f) Nothing in this chapter or a groundwater sustainability plan
shall be interpreted as superseding the land use authority of cities
and counties, including the city or county general plan, within the
overlying basin.
SEC. 14. Section 10726.9 is added to the Water Code, to read:
10726.9. A groundwater sustainability plan shall take into
account the most recent planning assumptions stated in local general
plans of jurisdictions overlying the basin.
SEC. 15. Chapter 7 (commencing with Section 10729) is added to
Part 2.74 of Division 6 of the Water Code, to read:
CHAPTER 7. TECHNICAL ASSISTANCE
10729. (a) The department or a groundwater sustainability agency
may provide technical assistance to entities that extract or use
groundwater to promote water conservation and protect groundwater
resources.
(b) The department may provide technical assistance to any
groundwater sustainability agency in response to that agency's
request for assistance in the development and implementation of a
groundwater sustainability plan. The department shall use its best
efforts to provide the requested assistance.
(c) The department shall prepare and publish a report by December
31, 2016, on its Internet Web site that presents the department's
best estimate, based on available information, of water available for
replenishment of groundwater in the state.
(d) (1) By January 1, 2017, the department shall publish on its
Internet Web site best management practices for the sustainable
management of groundwater.
(2) The department shall develop the best management practices
through a public process involving one public meeting conducted at a
location in northern California, one public meeting conducted at a
location in the San Joaquin Valley, one public meeting conducted at a
location in southern California, and one public meeting of the
California Water Commission.
SEC. 16. Chapter 8 (commencing with Section 10730) is added to
Part 2.74 of Division 6 of the Water Code, to read:
CHAPTER 8. FINANCIAL AUTHORITY
10730. (a) A groundwater sustainability 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, including, but not limited to,
preparation, adoption, and amendment of a groundwater sustainability
plan, and investigations, inspections, compliance assistance,
enforcement, and program administration, including a prudent reserve.
A groundwater sustainability agency shall not impose a fee pursuant
to this subdivision on a de minimis extractor unless the agency has
regulated the users pursuant to this part.
(b) (1) Prior to imposing or increasing a fee, a groundwater
sustainability agency shall hold at least one public meeting, at
which oral or written presentations may be made as part of the
meeting.
(2) Notice of the time and place of the meeting shall include a
general explanation of the matter to be considered and a statement
that the data required by this section is available. The notice shall
be provided by publication pursuant to Section 6066 of the
Government Code, by posting notice on the Internet Web site of the
groundwater sustainability agency, and by mail to any interested
party who files a written request with the agency for mailed notice
of the meeting on new or increased fees. A written request for mailed
notices shall be valid for one year from the date that the request
is made and may be renewed by making a written request on or before
April 1 of each year.
(3) At least 10 days prior to the meeting, the groundwater
sustainability agency shall make available to the public data upon
which the proposed fee is based.
(c) Any action by a groundwater sustainability agency to impose or
increase a fee shall be taken only by ordinance or resolution.
(d) (1) As an alternative method for the collection of fees
imposed pursuant to this section, a groundwater sustainability agency
may adopt a resolution requesting collection of the fees in the same
manner as ordinary municipal ad valorem taxes.
(2) A resolution described in paragraph (1) shall be adopted and
furnished to the county auditor-controller and board of supervisors
on or before August 1 of each year that the alternative collection of
the fees is being requested. The resolution shall include a list of
parcels and the amount to be collected for each parcel.
(e) The power granted by this section is in addition to any powers
a groundwater sustainability agency has under any other law.
10730.2. (a) A groundwater sustainability agency that adopts a
groundwater sustainability plan pursuant to this part may impose fees
on the extraction of groundwater from the basin to fund costs of
groundwater management, including, but not limited to, the costs of
the following:
(1) Administration, operation, and maintenance, including a
prudent reserve.
(2) Acquisition of lands or other property, facilities, and
services.
(3) Supply, production, treatment, or distribution of water.
(4) Other activities necessary or convenient to implement the
plan.
(b) Until a groundwater sustainability plan is adopted pursuant
to this part, a local agency may impose fees in accordance with the
procedures provided in this section for the purposes of Part 2.75
(commencing with Section 10750) as long as a groundwater management
plan adopted before January 1, 2015, is in effect for the basin.
(c) Fees imposed pursuant to this section shall be adopted in
accordance with subdivisions (a) and (b) of Section 6 of Article XIII
D of the California Constitution.
(d) Fees imposed pursuant to this section may include fixed fees
and fees charged on a volumetric basis, including, but not limited
to, fees that increase based on the quantity of groundwater produced
annually, the year in which the production of groundwater commenced
from a groundwater extraction facility, and impacts to the basin.
(e) The power granted by this section is in addition to any powers
a groundwater sustainability agency has under any other law.
10730.4. A groundwater sustainability agency may fund activities
pursuant to Part 2.75 (commencing with Section 10750) and may impose
fees pursuant to Section 10730.2 to fund activities undertaken by the
agency pursuant to Part 2.75 (commencing with Section 10750).
10730.6. (a) A groundwater fee levied pursuant to this chapter
shall be due and payable to the groundwater sustainability agency by
each owner or operator on a day established by the groundwater
sustainability agency.
(b) If an owner or operator knowingly fails to pay a groundwater
fee within 30 days of it becoming due, the owner or operator shall be
liable to the groundwater sustainability agency for interest at the
rate of 1 percent per month on the delinquent amount of the
groundwater fee and a 10-percent penalty.
(c) The groundwater sustainability agency may bring a suit in the
court having jurisdiction against any owner or operator of a
groundwater extraction facility within the area covered by the plan
for the collection of any delinquent groundwater fees, interest, or
penalties imposed under this chapter. If the groundwater
sustainability agency seeks an attachment against the property of any
named defendant in the suit, the groundwater sustainability agency
shall not be required to furnish a bond or other undertaking as
provided in Title 6.5 (commencing with Section 481.010) of Part 2 of
the Code of Civil Procedure.
(d) In the alternative to bringing a suit pursuant to subdivision
(c), a groundwater sustainability agency may collect any delinquent
groundwater charge and any civil penalties and interest on the
delinquent groundwater charge pursuant to the laws applicable to the
local agency or, if a joint powers authority, to the entity
designated pursuant to Section 6509 of the Government Code. The
collection shall be in the same manner as it would be applicable to
the collection of delinquent assessments, water charges, or tolls.
(e) As an additional remedy, a groundwater sustainability agency,
after a public hearing, may order an owner or operator to cease
extraction of groundwater until all delinquent fees are paid. The
groundwater sustainability agency shall give notice to the owner or
operator by certified mail not less than 15 days in advance of the
public hearing.
(f) The remedies specified in this section for collecting and
enforcing fees are cumulative and may be pursued alternatively or may
be used consecutively as determined by the governing body.
10730.8. (a) Nothing in this chapter shall affect or interfere
with the authority of a groundwater sustainability agency to levy and
collect taxes, assessments, charges, and tolls as otherwise provided
by law.
(b) Personal information included in a report or record pursuant
to this chapter has the same protection from disclosure as is
provided for information concerning utility customers of local
agencies pursuant to Section 6254.16 of the Government Code.
10731. (a) Following an investigation pursuant to Section
10725.4, the governing body may make a determination fixing the
amount of groundwater production from the groundwater extraction
facility at an amount not to exceed the maximum production capacity
of the facility for purposes of levying a groundwater charge. If a
water-measuring device is permanently attached to the groundwater
extraction facility, the record of production as disclosed by the
water-measuring device shall be presumed to be accurate unless the
contrary is established by the groundwater sustainability agency
after investigation.
(b) After the governing body makes a determination fixing the
amount of groundwater production pursuant to subdivision (a), a
written notice of the determination shall be mailed to the owner or
operator of the groundwater extraction facility at the address as
shown by the groundwater sustainability agency's records. A
determination made by the governing body shall be conclusive on the
owner or operator and the groundwater charges, based on the
determination together with any interest and penalties, shall be
payable immediately unless within 20 days after the mailing of the
notice the owner or operator files with the governing body a written
protest setting forth the ground for protesting the amount of
production or the groundwater charges, interest, and penalties. If a
protest is filed pursuant to this subdivision, the governing body
shall hold a hearing to determine the total amount of the groundwater
production and the groundwater charges, interest, and penalties.
Notice of the hearing shall be mailed to each protestant at least 20
days before the date fixed for the hearing. Notice of the
determination of the governing body hearing shall be mailed to each
protestant. The owner or operator shall have 20 days from the date of
mailing of the determination to pay the groundwater charges,
interest, and penalties determined by the governing body.
SEC. 17. Chapter 9 (commencing with Section 10732) is added to
Part 2.74 of Division 6 of the Water Code, to read:
CHAPTER 9. GROUNDWATER SUSTAINABILITY AGENCY ENFORCEMENT
POWERS
10732. (a) (1) A person who extracts groundwater in excess of the
amount that person is authorized to extract under a rule,
regulation, ordinance, or resolution adopted pursuant to Section
10725.2, shall be subject to a civil penalty not to exceed five
hundred dollars ($500) per acre-foot extracted in excess of the
amount that person is authorized to extract. Liability under this
subdivision is in addition to any liability imposed under paragraph
(2) and any fee imposed for the extraction.
(2) A person who violates any rule, regulation, ordinance, or
resolution adopted pursuant to Section 10725.2 shall be liable for a
civil penalty not to exceed one thousand dollars ($1,000) plus one
hundred dollars ($100) for each additional day on which the violation
continues if the person fails to comply within 30 days after the
local agency has notified the person of the violation.
(b) (1) A groundwater sustainability agency may bring an action in
the superior court to determine whether a violation occurred and to
impose a civil penalty described in subdivision (a).
(2) A groundwater sustainability agency may administratively
impose a civil penalty described in subdivision (a) after providing
notice and an opportunity for a hearing.
(3) In determining the amount of the penalty, the superior court
or the groundwater sustainability agency shall take into
consideration all relevant circumstances, including, but not limited
to, the nature and persistence of the violation, the extent of the
harm caused by the violation, the length of time over which the
violation occurs, and any corrective action taken by the violator.
(c) A penalty imposed pursuant to this section shall be paid to
the groundwater sustainability agency and shall be expended solely
for purposes of this part.
(d) Penalties imposed pursuant to this section are in addition to
any civil penalty or criminal fine under any other law.
SEC. 18. Chapter 10 (commencing with Section 10733) is added to
Part 2.74 of Division 6 of the Water Code, to read:
CHAPTER 10. STATE EVALUATION AND ASSESSMENT
10733. (a) The department shall periodically review the
groundwater sustainability plans developed by groundwater
sustainability agencies pursuant to this part to evaluate whether a
plan conforms with Sections 10727.2 and 10727.4 and is likely to
achieve the sustainability goal for the basin covered by the
groundwater sustainability plan.
(b) If a groundwater sustainability agency develops multiple
groundwater sustainability plans for a basin, the department shall
evaluate whether the plans conform with Sections 10727.2, 10727.4,
and 10727.6 and are together likely to achieve the sustainability
goal for the basin covered by the groundwater sustainability plans.
(c) The department shall evaluate whether a groundwater
sustainability plan adversely affects the ability of an adjacent
basin to implement their groundwater sustainability plan or impedes
achievement of sustainability goals in an adjacent basin.
10733.2. (a) (1) By June 1, 2016, the department shall adopt
regulations for evaluating groundwater sustainability plans, the
implementation of groundwater sustainability plans, and coordination
agreements pursuant to this chapter.
(2) The regulations shall identify the necessary plan components
specified in Sections 10727.2, 10727.4, and 10727.6 and other
information that will assist local agencies in developing and
implementing groundwater sustainability plans and coordination
agreements.
(b) (1) The department may update the regulations, including to
incorporate the best management practices identified pursuant to
Section 10729.
(2) The regulations adopted pursuant to paragraph (1) of
subdivision (a) shall identify appropriate methodologies and
assumptions for baseline conditions concerning hydrology, water
demand, regulatory restrictions that affect the availability of
surface water, and unreliability of, or reductions in, surface water
deliveries to the agency or water users in the basin, and the impact
of those conditions on achieving sustainability. The baseline for
measuring unreliability and reductions shall include the historic
average reliability and deliveries of surface water to the agency or
water users in the basin.
(c) By June 1, 2016, the department shall adopt regulations for
evaluating alternatives submitted pursuant to Section 10733.6.
(d) The department shall adopt the regulations, including any
amendments thereto, authorized by this section as emergency
regulations in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of these regulations
is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, or general welfare. Notwithstanding
the Administrative Procedure Act, emergency regulations adopted by
the department pursuant to this section shall not be subject to
review by the Office of Administrative Law and shall remain in effect
until revised by the department.
(e) Before adopting and finalizing the regulations, the department
shall conduct three public meetings to consider public comments. The
department shall publish the draft regulations on its Internet Web
site at least 30 days before the public meetings. One meeting shall
be conducted at a location in northern California, one meeting shall
be conducted at a location in the central valley of California, and
one meeting shall be conducted at a location in southern California.
10733.3. The department shall post all notices it receives
pursuant to Section 10723 or 10723.8 on its Internet Web site within
15 days of receipt.
10733.4. (a) Upon adoption of a groundwater sustainability plan,
a groundwater sustainability agency shall submit the groundwater
sustainability plan to the department for review
pursuant to this chapter.
(b) If groundwater sustainability agencies develop multiple
groundwater sustainability plans for a basin, the submission required
by subdivision (a) shall not occur until the entire basin is covered
by groundwater sustainability plans. When the entire basin is
covered by groundwater sustainability plans, the groundwater
sustainability agencies shall jointly submit to the department all of
the following:
(1) The groundwater sustainability plans.
(2) An explanation of how the groundwater sustainability plans
implemented together satisfy Sections 10727.2, 10727.4, and 10727.6
for the entire basin.
(3) A copy of the coordination agreement between the groundwater
sustainability agencies to ensure the coordinated implementation of
the groundwater sustainability plans for the entire basin.
(c) Upon receipt of a groundwater sustainability plan, the
department shall post the plan on the department's Internet Web site
and provide 60 days for persons to submit comments to the department
about the plan.
(d) The department shall evaluate the groundwater sustainability
plan within two years of its submission by a groundwater
sustainability agency and issue an assessment of the plan. The
assessment may include recommended corrective actions to address any
deficiencies identified by the department.
10733.6. (a) If a local agency believes that an alternative
described in subdivision (b) satisfies the objectives of this part,
the local agency may submit the alternative to the department for
evaluation and assessment of whether the alternative satisfies the
objectives of this part for the basin.
(b) An alternative is any of the following:
(1) A plan developed pursuant to Part 2.75 (commencing with
Section 10750) or other law authorizing groundwater management.
(2) Management pursuant to an adjudication action.
(3) An analysis of basin conditions that demonstrates that the
basin has operated within its sustainable yield over a period of at
least 10 years. The submission of an alternative described by this
paragraph shall include a report prepared by a registered
professional engineer or geologist who is licensed by the state and
submitted under that engineer's or geologist's seal.
(c) A local agency shall submit an alternative pursuant to this
section no later than January 1, 2017, and every five years
thereafter.
(d) The assessment required by subdivision (a) shall include an
assessment of whether the alternative is within a basin that is in
compliance with Part 2.11 (commencing with Section 10920). If the
alternative is within a basin that is not in compliance with Part
2.11 (commencing with Section 10920), the department shall find the
alternative does not satisfy the objectives of this part.
10733.8. At least every five years after initial submission of a
plan pursuant to Section 10733.4, the department shall review any
available groundwater sustainability plan or alternative submitted in
accordance with Section 10733.6, and the implementation of the
corresponding groundwater sustainability program for consistency with
this part, including achieving the sustainability goal. The
department shall issue an assessment for each basin for which a plan
or alternative has been submitted in accordance with this chapter,
with an emphasis on assessing progress in achieving the
sustainability goal within the basin. The assessment may include
recommended corrective actions to address any deficiencies identified
by the department.
SEC. 19. Chapter 11 (commencing with Section 10735) is added to
Part 2.74 of Division 6 of the Water Code, to read:
CHAPTER 11. STATE INTERVENTION
10735. As used in this chapter, the following terms have the
following meanings:
(a) "Condition of long-term overdraft" means the condition of a
groundwater basin where the average annual amount of water extracted
for a long-term period, generally 10 years or more, exceeds the
long-term average annual supply of water to the basin, plus any
temporary surplus. Overdraft during a period of drought is not
sufficient to establish a condition of long-term overdraft if
extractions and recharge are managed as necessary to ensure that
reductions in groundwater levels or storage during a period of
drought are offset by increases in groundwater levels or storage
during other periods.
(b) "Person" means any person, firm, association, organization,
partnership, business, trust, corporation, limited liability company,
or public agency, including any city, county, city and county,
district, joint powers authority, state, or any agency or department
of those entities. "Person" includes, to the extent authorized by
federal or tribal law and subject to the limitations described in
subdivisions (c) and (d) of Section 10720.3, the United States, a
department, agency or instrumentality of the federal government, an
Indian tribe, an authorized Indian tribal organization, or interstate
body.
(c) "Probationary basin" means a basin for which the board has
issued a determination under Section 10735.2.
(d) "Significant depletions of interconnected surface waters"
means reductions in flow or levels of surface water that is
hydrologically connected to the basin such that the reduced surface
water flow or levels have a significant and unreasonable adverse
impact on beneficial uses of the surface water.
10735.2. (a) The board, after notice and a public hearing, may
designate a basin as a probationary basin, if the board finds one or
more of the following applies to the basin:
(1) After June 30, 2017, none of the following have occurred:
(A) A local agency has elected to be a groundwater sustainability
agency that intends to develop a groundwater sustainability plan for
the entire basin.
(B) A collection of local agencies has formed a groundwater
sustainability agency or prepared agreements to develop one or more
groundwater sustainability plans that will collectively serve as a
groundwater sustainability plan for the entire basin.
(C) A local agency has submitted an alternative that has been
approved or is pending approval pursuant to Section 10733.6. If the
department disapproves an alternative pursuant to Section 10733.6,
the board shall not act under this paragraph until at least 180 days
after the department disapproved the alternative.
(2) The basin is subject to paragraph (1) of subdivision (a) of
Section 10720.7, and after January 31, 2020, none of the following
have occurred:
(A) A groundwater sustainability agency has adopted a groundwater
sustainability plan for the entire basin.
(B) A collection of local agencies has adopted groundwater
sustainability plans that collectively serve as a groundwater
sustainability plan for the entire basin.
(C) The department has approved an alternative pursuant to Section
10733.6.
(3) After January 31, 2020, the department, in consultation with
the board, determines that a groundwater sustainability plan is
inadequate or that the groundwater sustainability program is not
being implemented in a manner that will likely achieve the
sustainability goal.
(4) The basin is subject to paragraph (2) of subdivision (a) of
Section 10720.7, and after January 31, 2022, none of the following
have occurred:
(A) A groundwater sustainability agency has adopted a groundwater
sustainability plan for the entire basin.
(B) A collection of local agencies has adopted groundwater
sustainability plans that collectively serve as a groundwater
sustainability plan for the entire basin.
(C) The department has approved an alternative pursuant to Section
10733.6.
(5) The basin is subject to paragraph (2) of subdivision (a) of
Section 10720.7, and after January 31, 2022, both of the following
have occurred:
(A) The department, in consultation with the board, determines
that a groundwater sustainability plan is inadequate or that the
groundwater sustainability plan is not being implemented in a manner
that will likely achieve the sustainability goal.
(B) The board determines that the basin is in a condition of
long-term overdraft or in a condition where groundwater extractions
result in significant depletions of interconnected surface waters.
(b) In making the findings associated with paragraph (3) or (5) of
subdivision (a), the department and board may rely on periodic
assessments the department has prepared pursuant to Chapter 10
(commencing with Section 10733). The board may request that the
department conduct additional assessments utilizing the regulations
developed pursuant to Chapter 10 (commencing with Section 10733) and
make determinations pursuant to this section. The board shall post on
its Internet Web site and provide at least 30 days for the public to
comment on any determinations provided by the department pursuant to
this subdivision.
(c) (1) The determination may exclude a class or category of
extractions from the requirement for reporting pursuant to Part 5.2
(commencing with Section 5200) of Division 2 if those extractions are
subject to a local plan or program that adequately manages
groundwater within the portion of the basin to which that plan or
program applies, or if those extractions are likely to have a minimal
impact on basin withdrawals.
(2) The determination may require reporting of a class or category
of extractions that would otherwise be exempt from reporting
pursuant to paragraph (1) of subdivision (c) of Section 5202 if those
extractions are likely to have a substantial impact on basin
withdrawals or requiring reporting of those extractions is reasonably
necessary to obtain information for purposes of this chapter.
(3) The determination may establish requirements for information
required to be included in reports of groundwater extraction, for
installation of measuring devices, or for use of a methodology,
measuring device, or both, pursuant to Part 5.2 (commencing with
Section 5200) of Division 2.
(4) The determination may modify the water year or reporting date
for a report of groundwater extraction pursuant to Section 5202.
(d) If the board finds that litigation challenging the formation
of a groundwater sustainability agency prevented its formation before
July 1, 2017, pursuant to paragraph (1) of subdivision (a) or
prevented a groundwater sustainability program from being implemented
in a manner likely to achieve the sustainability goal pursuant to
paragraph (3) of subdivision (a), the board shall not designate a
basin as a probationary basin for a period of time equal to the delay
caused by the litigation.
10735.4. (a) If the board designates a basin as a probationary
basin pursuant to paragraph (1) or (2) of subdivision (a) of Section
10735.2, a local agency or groundwater sustainability agency shall
have 180 days to remedy the deficiency. The board may appoint a
mediator or other facilitator, after consultation with affected local
agencies, to assist in resolving disputes, and identifying and
implementing actions that will remedy the deficiency.
(b) After the 180-day period provided by subdivision (a), the
board may provide additional time to remedy the deficiency if it
finds that a local agency is making substantial progress toward
remedying the deficiency.
(c) The board may develop an interim plan pursuant to Section
10735.8 for the probationary basin at the end of the period provided
by subdivision (a) or any extension provided pursuant to subdivision
(b), if the board, in consultation with the department, determines
that a local agency has not remedied the deficiency that resulted in
designating the basin as a probationary basin.
10735.6. (a) If the board designates a basin as a probationary
basin pursuant to paragraph (3) of subdivision (a) of Section
10735.2, the board shall identify the specific deficiencies and
identify potential actions to address the deficiencies. The board may
request the department to provide local agencies, within 90 days of
the designation of a probationary basin, with technical
recommendations to remedy the deficiencies.
(b) The board may develop an interim plan pursuant to Section
10735.8 for the probationary basin one year after the designation of
the basin pursuant to paragraph (3) of subdivision (a) of Section
10735.2, if the board, in consultation with the department,
determines that a local agency has not remedied the deficiency that
resulted in designating the basin a probationary basin.
10735.8. (a) The board, after notice and a public hearing, may
adopt an interim plan for a probationary basin.
(b) The interim plan shall include all of the following:
(1) Identification of the actions that are necessary to correct a
condition of long-term overdraft or a condition where groundwater
extractions result in significant depletions of interconnected
surface waters, including recommendations for appropriate action by
any person.
(2) A time schedule for the actions to be taken.
(3) A description of the monitoring to be undertaken to determine
effectiveness of the plan.
(c) The interim plan may include the following:
(1) Restrictions on groundwater extraction.
(2) A physical solution.
(3) Principles and guidelines for the administration of rights to
surface waters that are connected to the basin.
(d) Except as provided in subdivision (e), the interim plan shall
be consistent with water right priorities, subject to Section 2 of
Article X of the California Constitution.
(e) Where, in the judgment of the board, a groundwater
sustainability plan, groundwater sustainability program, or an
adjudication action can be relied on as part of the interim plan,
either throughout the basin or in an area within the basin, the board
may rely on, or incorporate elements of, that plan, program, or
adjudication into the interim plan adopted by the board or allow
local agencies to continue implementing those parts of a plan or
program that the board determines are adequate.
(f) In carrying out activities that may affect the probationary
basin, state entities shall comply with an interim plan adopted by
the board pursuant to this section unless otherwise directed or
authorized by statute and the state entity shall indicate to the
board in writing the authority for not complying with the interim
plan.
(g) (1) After the board adopts an interim plan under this section,
the board shall determine if a groundwater sustainability plan or an
adjudication action is adequate to eliminate the condition of
long-term overdraft or condition where groundwater extractions result
in significant depletions of interconnected surface waters, upon
petition of either of the following:
(A) A groundwater sustainability agency that has adopted a
groundwater sustainability plan for the probationary basin or a
portion thereof.
(B) A person authorized to file the petition by a judicial order
or decree entered in an adjudication action in the probationary
basin.
(2) The board shall act on a petition filed pursuant to paragraph
(1) within 90 days after the petition is complete. If the board, in
consultation with the department, determines that the groundwater
sustainability plan or adjudication action is adequate, the board
shall rescind the interim plan adopted by the board for the
probationary basin, except as provided in paragraphs (3) and (4).
(3) Upon request of the petitioner, the board may amend an interim
plan adopted under this section to eliminate portions of the interim
plan, while allowing other portions of the interim plan to continue
in effect.
(4) The board may decline to rescind an interim plan adopted
pursuant to this section if the board determines that the petitioner
has not provided adequate assurances that the groundwater
sustainability plan or judicial order or decree will be implemented.
(5) This subdivision is not a limitation on the authority of the
board to stay its proceedings under this section or to rescind or
amend an interim plan adopted pursuant to this section based on the
progress made by a groundwater sustainability agency or in an
adjudication action, even if the board cannot make a determination of
adequacy in accordance with paragraph (1).
(h) The board's authority to adopt an interim plan under this
section does not alter the law establishing water rights priorities
or any other authority of the board.
10736. (a) The board shall adopt or amend a determination or
interim plan under Section 10735.2 or 10735.8 in accordance with
procedures for quasi-legislative action.
(b) The board shall provide notice of a hearing described in
subdivision (a) of Section 10735.2 or subdivision (a) of Section
10735.8 as follows:
(1) At least 90 days before the hearing, the board shall publish
notice of the hearing on its Internet Web site.
(2) At least 90 days before the hearing, the board shall notify
the department and each city, county, or city and county in which any
part of the basin is situated.
(3) (A) For the purposes of this paragraph, the terms
"board-designated local area" and "local agency" have the same
meaning as defined in Section 5009.
(B) At least 60 days before the hearing, the board shall mail or
send by electronic mail notice to all persons known to the board who
extract or who propose to extract water from the basin, or who have
made written or electronic mail requests to the board for special
notice of hearing pursuant to this part. If any portion of the basin
is within a board-designated local area, the records made available
to the board by the local agency in accordance with paragraph (4) of
subdivision (d) of Section 5009 shall include the names and addresses
of persons and entities known to the local agency who extract water
from the basin, and the board shall mail or send by electronic mail
notice to those persons.
(c) The board shall provide notice of proceedings to amend or
repeal a determination or plan under Section 10735.2 or 10735.8 as
appropriate to the proceedings, taking into account the nature of the
proposed revision and the person likely to be affected.
(d) (1) Except as provided in paragraphs (2) and (3), Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 2 of Title 2 of
the Government Code does not apply to any action authorized pursuant
to Section 10735.2 or 10735.8.
(2) The board may adopt a regulation in accordance with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title
2 of the Government Code setting procedures for adopting a
determination or plan.
(3) The board may adopt a regulation applying or interpreting this
part pursuant to Section 1530 if the board determines that the
emergency regulation is reasonably necessary for the allocation,
administration, or collection of fees authorized pursuant to Section
1529.5.
10736.2. Division 13 (commencing with Section 21000) of the
Public Resources Code does not apply to any action or failure to act
by the board under this chapter, other than the adoption or amendment
of an interim plan pursuant to Section 10735.8.
10736.4. The extraction or use of water extracted in violation of
an interim plan under this part shall not be relied upon as a basis
for establishing the extraction or use of water to support a claim in
an action or proceeding for determination of water rights.
10736.6. (a) The board may order a person that extracts or uses
water from a basin that is subject to an investigation or proceeding
under this chapter to prepare and submit to the board any technical
or monitoring program reports related to that person's or entity's
extraction or use of water as the board may specify. The costs
incurred by the person in the preparation of those reports shall bear
a reasonable relationship to the need for the report and the benefit
to be obtained from the report. If the preparation of individual
reports would result in a duplication of effort, or if the reports
are necessary to evaluate the cumulative effect of several diversions
or uses of water, the board may order any person subject to this
subdivision to pay a reasonable share of the cost of preparing
reports.
(b) (1) An order issued pursuant to this section shall be served
by personal service or registered mail on the party to submit
technical or monitoring program reports or to pay a share of the
costs of preparing reports. Unless the board issues the order after a
hearing, the order shall inform the party of the right to request a
hearing within 30 days after the party has been served. If the party
does not request a hearing within that 30-day period, the order shall
take effect as issued. If the party requests a hearing within that
30-day period, the board may adopt a decision and order after
conducting a hearing.
(2) In lieu of adopting an order directed at named persons in
accordance with the procedures specified in paragraph (1), the board
may adopt a regulation applicable to a category or class of persons
in accordance with Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 2 of Title 2 of the Government Code.
(c) Upon application of a person or upon its own motion, the board
may review and revise an order issued or regulation adopted pursuant
to this section in accordance with the procedures set forth in
subdivision (b).
(d) In conducting an investigation or proceeding pursuant to this
part, the board may inspect the property or facilities of a person to
ascertain whether the purposes of this part are being met and to
ascertain compliance with this part. The board may obtain an
inspection warrant pursuant to the procedures set forth in Title 13
(commencing with Section 1822.50) of Part 3 of the Code of Civil
Procedure for the purposes of an inspection pursuant to this
subdivision.
SEC. 20. The provisions of this act are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 21. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 22. The Legislature finds and declares that Section 10 of
this act, which adds Section 5206 to the Water Code and Section 16 of
this act, which adds Section 10730.8 to the Water Code, impose a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
In order to allow this act to fully accomplish its goals, it is
necessary to protect proprietary information submitted pursuant to
this act as confidential. Therefore, it is in the state's interest to
limit public access to this information.
SEC. 23. This act shall only become operative if Senate Bill 1168
of the 2013-14 Regular Session is enacted and becomes effective.
