Bill Text: CA AB2857 | 2021-2022 | Regular Session | Amended
Bill Title: Sustainable Groundwater Management Act: groundwater sustainability plans: domestic well impacts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-03-28 - Re-referred to Com. on W.,P., & W. [AB2857 Detail]
Download: California-2021-AB2857-Amended.html
|
Amended
IN
Assembly
March 24, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2857
| Introduced by Assembly Member Bauer-Kahan |
February 18, 2022 |
An act to amend Section 10750 10727.4 of the Water Code, relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
AB 2857, as amended, Bauer-Kahan.
Groundwater. Sustainable Groundwater Management Act: groundwater sustainability plans: domestic well impacts.
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. The act prescribes that a groundwater sustainability plan contain certain information, including, where appropriate and in collaboration with the appropriate local agencies, control of saline water intrusion, wellhead protection
areas and recharge areas, a well abandonment and well destruction program, well construction policies, and impacts on groundwater dependent ecosystems.
This bill would additionally require that a groundwater sustainability plan include measures to mitigate adverse impacts on domestic wells, as defined, including, but not limited to, compensating an owner of a domestic well or a user of water from a domestic well for increased energy costs associated with deeper groundwater pumping and increased costs to households associated with the delivery of water from an existing water supply system or alternative water supply. The bill would prohibit a mitigation measure from subjecting an owner of a domestic well or a user of water from a domestic well to an unreasonable financial burden or expense. By requiring local agencies that are groundwater sustainability agencies to include this additional information in their groundwater sustainability plans, this bill would impose a
state-mandated local program. Insofar as this bill requires local agencies that are groundwater sustainability agencies to include in their mitigation measures compensation to owners of domestic water wells and users of water from domestic water wells for increased costs, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that 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.
Existing law relating to groundwater management declares the intent of the Legislature to encourage local agencies to work cooperatively to manage groundwater resources within their jurisdictions, and makes related legislative findings and declarations.
This bill would make nonsubstantive changes to those legislative findings and declarations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 10727.4 of the Water Code is amended to read:10727.4.
In addition to the requirements of Section 10727.2, a groundwater sustainability plan shall include, where appropriate and in collaboration with the appropriate local agencies, all of the following:(a) Control of saline water intrusion.
(b) Wellhead protection areas and recharge areas.
(c) Migration of contaminated groundwater.
(d) A well abandonment and well destruction program.
(e) Replenishment of groundwater extractions.
(f) Activities implementing,
opportunities for, and removing impediments to, conjunctive use or underground storage.
(g) Well construction policies.
(h) Measures addressing groundwater contamination cleanup, groundwater recharge, in-lieu use, diversions to storage, conservation, water recycling, conveyance, and extraction projects.
(i) Efficient water management practices, as defined in Section 10902, for the delivery of water and water conservation methods to improve the efficiency of water use.
(j) Efforts to develop relationships with state and federal regulatory agencies.
(k) Processes to review land use plans and efforts to coordinate with land use planning agencies to assess activities that potentially create
risks to groundwater quality or quantity.
(l) Impacts on groundwater dependent ecosystems.
(m) (1) Measures to mitigate adverse impacts on domestic wells, including, but not limited to, compensating an owner of a domestic well or a user of water from a domestic well for increased energy costs associated with deeper groundwater pumping and increased costs to households associated with the delivery of water from an existing water supply system or alternative water supply.
(2) A measure to mitigate an adverse impact on a domestic well shall not subject an owner of a domestic well or a user of water from a domestic well to an unreasonable financial burden or expense.
(3) For purposes of this subdivision, “domestic well” has the meaning set forth in subdivision (i) of Section 116681 of the Health and Safety Code.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.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.
(a)The Legislature finds and declares that groundwater is a valuable natural resource in California, and groundwater should be managed to ensure both its safe production and its quality. It is the intent of the Legislature to encourage local agencies to work cooperatively to manage groundwater resources within their jurisdictions.
(b)The Legislature further finds and declares that additional study of groundwater resources is
necessary to better understand how to manage groundwater effectively, in order to ensure the safe production, quality, and proper storage of groundwater in this state.
