Bill Text: CA SB13 | 2015-2016 | Regular Session | Chaptered
Bill Title: Groundwater.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-09-03 - Chaptered by Secretary of State. Chapter 255, Statutes of 2015. [SB13 Detail]
Download: California-2015-SB13-Chaptered.html
BILL NUMBER: SB 13 CHAPTERED
BILL TEXT
CHAPTER 255
FILED WITH SECRETARY OF STATE SEPTEMBER 3, 2015
APPROVED BY GOVERNOR SEPTEMBER 3, 2015
PASSED THE SENATE AUGUST 27, 2015
PASSED THE ASSEMBLY AUGUST 20, 2015
AMENDED IN ASSEMBLY JULY 6, 2015
AMENDED IN ASSEMBLY JUNE 24, 2015
AMENDED IN ASSEMBLY MAY 21, 2015
AMENDED IN SENATE APRIL 23, 2015
AMENDED IN SENATE FEBRUARY 24, 2015
INTRODUCED BY Senator Pavley
DECEMBER 1, 2014
An act to amend Sections 5202, 10720.5, 10720.7, 10722.2, 10722.4,
10723, 10723.6, 10723.8, 10724, 10726.8, 10730.2, 10733.2, 10735.2,
10735.4, 10735.6, and 10933 of, to add Section 10729.2 to, and to
repeal Section 10733.3 of, the Water Code, relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
SB 13, Pavley. Groundwater.
Existing law, the Sustainable Groundwater Management Act, requires
all groundwater basins designated as high- or medium-priority basins
by the Department of Water Resources that are designated as basins
subject to critical conditions of overdraft to be managed under a
groundwater sustainability plan or coordinated groundwater
sustainability plans by January 31, 2020, and requires all other
groundwater basins designated as high- or medium-priority basins to
be managed under a groundwater sustainability plan or coordinated
groundwater sustainability plans by January 31, 2022, except as
specified. The act authorizes the State Water Resources Control Board
to designate a basin as a probationary basin if the state board
makes a certain determination and to develop an interim plan for the
probationary basin. The act requires a local agency or groundwater
sustainability agency to have 90 or 180 days, as prescribed, to
remedy the deficiency if the board designates the basin as a
probationary basin.
This bill would specify that the board is authorized to designate
a high- or medium-priority basin as a probationary basin. This bill
would provide a local agency or groundwater sustainability agency 90
or 180 days, as prescribed, to remedy certain deficiencies that
caused the board to designate the basin as a probationary basin. This
bill would authorize the board to develop an interim plan for
certain probationary basins one year after the designation of the
basin as a probationary basin.
Existing law authorizes a combination of local agencies to form a
groundwater sustainability agency by a joint powers agreement,
memorandum of agreement, or other legal agreement, and authorizes a
water corporation regulated by the Public Utilities Commission to
participate in a groundwater sustainability agency if the local
agencies approve.
This bill would authorize a mutual water company to participate in
a groundwater sustainability agency and would provide that a water
corporation or a mutual water company may participate through a
memorandum of agreement or other legal agreement.
Existing law establishes a groundwater monitoring program pursuant
to which specified entities, including a groundwater sustainability
agency, may propose to be designated by the department as groundwater
monitoring entities, as defined, for the purposes of monitoring and
reporting with regard to groundwater elevations in all or part of a
groundwater basin or subbasin. Existing law requires the department
to identify the extent of monitoring of groundwater elevations that
is being undertaken in groundwater basins and subbasins, and if the
department determines that all or part of a basin or subbasin is not
being monitored, to determine whether there is sufficient interest in
establishing a groundwater management plan, an integrated regional
water management plan, or a groundwater monitoring association.
This bill, if the department determines that all or part of a
basin or subbasin is not being monitored, would require the
department to determine whether there is sufficient interest in
establishing a groundwater sustainability plan.
Existing law requires a local agency or combination of local
agencies that elect to be a groundwater sustainability agency for a
basin to submit a prescribed notice of intent to the department that
includes the proposed boundaries of the basin and requires the
department to post the notice on its Internet Web site within 15 days
of receipt.
This bill would eliminate these provisions.
Existing law requires a groundwater sustainability agency to
inform the department of its election or formation and its intent to
undertake sustainable groundwater management within 30 days of
forming or electing to be a groundwater sustainability agency and
requires the notice to include specified information such as the
service area boundaries and requires the department to post the
notice on its Internet Web site within 15 days of receipt. Existing
law provides that the groundwater sustainability agency is presumed
the exclusive groundwater sustainability agency 90 days following the
posting of notice, provided that no other notice was submitted.
This bill would require local agencies to seek to reach agreement
to allow prompt designation of a groundwater sustainability agency.
This bill would require a new notice to be submitted and the
department to post notice if agreement is reached by the local
agencies involving a material change from the information in the
posted notice. This bill would require the department to post only
complete notices it receives.
Existing law requires the department to categorize each basin as
high, medium, low, or very low priority and authorizes a local agency
to request that the department revise the boundaries of a basin.
Existing law provides that a local agency has 2 years from the date
of a reprioritization that elevates a basin to a medium- or
high-priority basin to either establish a groundwater sustainability
agency or submit an alternative to the department and 5 years from
the date of reprioritization to adopt a groundwater sustainability
plan, as prescribed.
This bill would extend the deadline for a basin that is elevated
to a medium- or high-priority basin before January 31, 2017, and is
not subject to critical conditions of overdraft to be managed under a
groundwater sustainability plan to January 31, 2022.
Existing law, the Administrative Procedure Act, governs the
procedure for the adoption, amendment, or repeal of regulations by
state agencies and for the review of those regulatory actions by the
Office of Administrative Law.
This bill would state that a guideline, criterion, bulletin, or
other technical or procedural analysis or guidance prepared by the
department as required by the Sustainable Groundwater Management Act
is not subject to the Administrative Procedure Act, except as
prescribed.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5202 of the Water Code is amended to read:
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 high- or medium-priority basin subject to the requirements
of subdivision (a) of Section 10720.7 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.
SEC. 2. Section 10720.5 of the Water Code is amended to read:
10720.5. (a) Groundwater management pursuant to this part shall
be consistent with Section 2 of Article X of the California
Constitution. Nothing in this part modifies rights or priorities to
use or store groundwater consistent with Section 2 of Article X of
the California Constitution, except that in basins designated medium-
or high-priority basins by the department, no extraction of
groundwater between January 1, 2015, and the date of adoption of a
groundwater sustainability plan pursuant to this part or the approval
by the department of an alternative submitted pursuant to Section
10733.6, whichever is sooner, may be used as evidence of, or to
establish or defend against, any claim of prescription.
(b) Nothing in this part, or in any groundwater management plan
adopted pursuant to this part, determines or alters surface water
rights or groundwater rights under common law or any provision of law
that determines or grants surface water rights.
SEC. 3. Section 10720.7 of the Water Code is amended to read:
10720.7. (a) (1) By January 31, 2020, all basins designated as
high- or medium-priority basins by the department that have been
designated in Bulletin 118, as it may be updated or revised on or
before January 1, 2017, as basins that are subject to critical
conditions of overdraft shall be managed under a groundwater
sustainability plan or coordinated groundwater sustainability plans
pursuant to this part.
(2) By January 31, 2022, all basins designated as high- or
medium-priority basins by the department that are not subject to
paragraph (1) shall be managed under a groundwater sustainability
plan or coordinated groundwater sustainability plans pursuant to this
part.
(b) The Legislature encourages and authorizes basins designated as
low- and very low priority basins by the department to be managed
under groundwater sustainability plans pursuant to this part. Chapter
11 (commencing with Section 10735) does not apply to a basin
designated as a low- or very low priority basin.
SEC. 4. Section 10722.2 of the Water Code is amended to read:
10722.2. (a) A local agency may request that the department
revise the boundaries of a basin, including the establishment of new
subbasins. A local agency's request shall be supported by the
following information:
(1) Information demonstrating that the proposed adjusted basin can
be the subject of sustainable groundwater management.
(2) Technical information regarding the boundaries of, and
conditions in, the proposed adjusted basin.
(3) Information demonstrating that the entity proposing the basin
boundary adjustment consulted with interested local agencies and
public water systems in the affected basins before filing the
proposal with the department.
(4) Other information the department deems necessary to justify
revision of the basin's boundary.
(b) By January 1, 2016, the department shall adopt regulations
regarding the information required to comply with subdivision (a),
including the methodology and criteria to be used to evaluate the
proposed revision. 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.
(c) Methodology and criteria established pursuant to subdivision
(b) shall address all of the following:
(1) How to assess the likelihood that the proposed basin can be
sustainably managed.
(2) How to assess whether the proposed basin would limit the
sustainable management of adjacent basins.
(3) How to assess whether there is a history of sustainable
management of groundwater levels in the proposed basin.
(d) Prior to adopting the regulations pursuant to subdivision (b),
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.
(e) The department shall provide a copy of its draft revision of a
basin's boundaries to the California Water Commission. The
California Water Commission shall hear and comment on the draft
revision within 60 days after the department provides the draft
revision to the commission.
SEC. 5. Section 10722.4 of the Water Code is amended to read:
10722.4. (a) Pursuant to Section 10933, for the purposes of this
part the department shall categorize each basin as one of the
following priorities:
(1) High priority.
(2) Medium priority.
(3) Low priority.
(4) Very low priority.
(b) The initial priority for each basin shall be established by
the department pursuant to Section 10933 no later than January 31,
2015.
(c) Any time the department updates Bulletin 118 boundaries
pursuant to subdivision (b) of Section 12924, the department shall
reassess the prioritization pursuant to Section 10933.
(d) If the department changes priorities pursuant to Section 10933
to elevate a basin from a low- or very low priority basin to a
medium- or high-priority basin after January 31, 2015, the agency
formation and planning deadlines of this part shall be extended as
follows:
(1) A local agency shall have two years from the date of
reprioritization to either establish a groundwater sustainability
agency pursuant to Chapter 4 (commencing with Section 10723) or two
years to satisfy the requirements of Section 10733.6.
(2) A groundwater sustainability agency shall have five years from
the date of reprioritization to meet the requirements of subdivision
(a) of Section 10720.7, except that if the reprioritization occurs
before January 31, 2017, a groundwater sustainability agency subject
to paragraph (2) of subdivision (a) of Section 10720.7 shall have
until January 31, 2022.
SEC. 6. Section 10723 of the Water Code is amended to read:
10723. (a) Except as provided in subdivision (c), any local
agency or combination of local agencies overlying a groundwater basin
may decide to become a groundwater sustainability agency for that
basin.
(b) Before deciding to become a groundwater sustainability agency,
and after publication of notice pursuant to Section 6066 of the
Government Code, the local agency or agencies shall hold a public
hearing in the county or counties overlying the basin.
(c) (1) Except as provided in paragraph (2), the following
agencies created by statute to manage groundwater shall be deemed the
exclusive local agencies within their respective statutory
boundaries with powers to comply with this part:
(A) Alameda County Flood Control and Water Conservation District,
Zone 7.
(B) Alameda County Water District.
(C) Desert Water Agency.
(D) Fox Canyon Groundwater Management Agency.
(E) Honey Lake Valley Groundwater Management District.
(F) Long Valley Groundwater Management District.
(G) Mendocino City Community Services District.
(H) Mono County Tri-Valley Groundwater Management District.
(I) Monterey Peninsula Water Management District.
(J) Ojai Groundwater Management Agency.
(K) Orange County Water District.
(L) Pajaro Valley Water Management Agency.
(M) Santa Clara Valley Water District.
(N) Sierra Valley Groundwater Management District.
(O) Willow Creek Groundwater Management Agency.
(2) An agency identified in this subdivision may opt out of being
the exclusive groundwater management agency within its statutory
boundaries by sending a notice to the department, which shall be
posted on the department's Internet Web site within 15 days of
receipt. If an agency identified in paragraph (1) opts out of being
the exclusive groundwater management agency, any other local agency
or combination of local agencies operating within the statutory
boundaries of the agency that has opted out may notify the department
pursuant to Section 10723.8 of its decision to be the groundwater
sustainability agency.
(3) A local agency listed in paragraph (1) may comply with this
part by meeting the requirements of Section 10733.6 or opting to
become a groundwater sustainability agency pursuant to this section.
A local agency with authority to implement a basin-specific
management plan pursuant to its principal act shall not exercise any
authorities granted in this part in a manner inconsistent with any
prohibitions or limitations in its principal act unless the governing
board of the local agency makes a finding that the agency is unable
to sustainably manage the basin without the prohibited authority.
(d) The decision of a local agency or combination of agencies to
become a groundwater sustainability agency shall take effect as
provided in Section 10723.8.
SEC. 7. Section 10723.6 of the Water Code is amended to read:
10723.6. (a) A combination of local agencies may form a
groundwater sustainability agency by using any of the following
methods:
(1) A joint powers agreement.
(2) A memorandum of agreement or other legal agreement.
(b) A water corporation regulated by the Public Utilities
Commission or a mutual water company may participate in a groundwater
sustainability agency through a memorandum of agreement or other
legal agreement. The authority provided by this subdivision does not
confer any additional powers to a nongovernmental entity.
SEC. 8. Section 10723.8 of the Water Code is amended to read:
10723.8. (a) Within 30 days of deciding to become or form a
groundwater sustainability agency, the local agency or combination of
local agencies shall inform the department of its decision and its
intent to undertake sustainable groundwater management. The
notification shall include the following information, as applicable:
(1) The service area boundaries, the boundaries of the basin or
portion of the basin the agency intends to manage pursuant to this
part, and the other agencies managing or proposing to manage
groundwater within the basin.
(2) A copy of the resolution forming the new agency.
(3) A copy of any new bylaws, ordinances, or new authorities
adopted by the local agency.
(4) A list of interested parties developed pursuant to Section
10723.2 and an explanation of how their interests will be considered
in the development and operation of the groundwater sustainability
agency and the development and implementation of the agency's
sustainability plan.
(b) The department shall post all complete notices received under
this section on its Internet Web site within 15 days of receipt.
(c) The decision to become a groundwater sustainability agency
shall take effect 90 days after the department posts notice under
subdivision (b) if no other local agency submits a notification under
subdivision (a) of its intent to undertake groundwater management in
all or a portion of the same area. If another notification is filed
within the 90-day period, the decision shall not take effect unless
the other notification is withdrawn or modified to eliminate any
overlap in the areas proposed to be managed. The local agencies shall
seek to reach agreement to allow prompt designation of a groundwater
sustainability agency. If agreement is reached involving a material
change from the information in the posted notice, a new notification
shall be submitted under subdivision (a) and the department shall
post notice under subdivision (b).
(d) Except as provided in subdivisions (e) and (f), after the
decision to be a groundwater sustainability agency takes effect, the
groundwater sustainability agency shall be presumed to be the
exclusive groundwater sustainability agency within the area of the
basin within the service area of the local agency that the local
agency is managing as described in the notice.
(e) A groundwater sustainability agency may withdraw from managing
a basin by notifying the department in writing of its intent to
withdraw.
(f) This section does not preclude the board from taking an action
pursuant to Section 10735.6.
SEC. 9. Section 10724 of the Water Code is amended to read:
10724. (a) In the event that there is an area within a high- or
medium-priority basin that is not within the management area of a
groundwater sustainability agency, the county within which that
unmanaged area lies will be presumed to be the groundwater
sustainability agency for that area.
(b) A county described in subdivision (a) shall provide
notification to the department pursuant to Section 10723.8 unless the
county notifies the department that it will not be the groundwater
sustainability agency for the area. Extractions of groundwater made
on or after July 1, 2017, in that area shall be subject to reporting
in accordance with Part 5.2 (commencing with Section 5200) of
Division 2 if the county does either of the following:
(1) Notifies the department that it will not be the groundwater
sustainability agency for an area.
(2) Fails to provide notification to the department pursuant to
Section 10723.8 for an area on or before June 30, 2017.
SEC. 10. Section 10726.8 of the Water Code 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, or to impose fees or regulatory requirements on
activities outside the boundaries of the local agency.
(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. 11. Section 10729.2 is added to the Water Code, to read:
10729.2. With the exception of regulations required by Sections
10722.2 and 10733.2, a guideline, criterion, bulletin, or other
technical or procedural analysis or guidance prepared by the
department as required by this part is not subject to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 12. Section 10730.2 of the Water Code is amended to read:
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.
(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.
SEC. 13. Section 10733.2 of the Water Code is amended to read:
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 the regulations pursuant to this section, 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.
SEC. 14. Section 10733.3 of the Water Code is repealed.
SEC. 15. Section 10735.2 of the Water Code is amended to read:
10735.2. (a) The board, after notice and a public hearing, may
designate a high- or medium-priority 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 decided to become 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) The basin is subject to paragraph (1) of subdivision (a) of
Section 10720.7 and 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 either of the following have occurred:
(A) After January 31, 2022, both of the following have occurred:
(i) 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.
(ii) The board determines that the basin is in a condition of
long-term overdraft.
(B) After January 31, 2025, both of the following have occurred:
(i) 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.
(ii) The board determines that the basin is 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 (2), (3), (4), or (5) 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.
(e) The board shall exclude from probationary status any portion
of a basin for which a groundwater sustainability agency demonstrates
compliance with the sustainability goal.
SEC. 16. Section 10735.4 of the Water Code is amended to read:
10735.4. (a) If the board designates a basin as a probationary
basin pursuant to paragraph (1), (2), or (4) 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.
SEC. 17. Section 10735.6 of the Water Code is amended to read:
10735.6. (a) If the board designates a basin as a probationary
basin pursuant to paragraph (3) or (5) 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) or (5) 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.
SEC. 18. Section 10933 of the Water Code is amended to read:
10933. (a) The department shall commence to identify the extent
of monitoring of groundwater elevations that is being undertaken
within each basin and subbasin.
(b) The department shall prioritize groundwater basins and
subbasins for the purpose of implementing this section. In
prioritizing the basins and subbasins, the department shall, to the
extent data are available, consider all of the following:
(1) The population overlying the basin or subbasin.
(2) The rate of current and projected growth of the population
overlying the basin or subbasin.
(3) The number of public supply wells that draw from the basin or
subbasin.
(4) The total number of wells that draw from the basin or
subbasin.
(5) The irrigated acreage overlying the basin or subbasin.
(6) The degree to which persons overlying the basin or subbasin
rely on groundwater as their primary source of water.
(7) Any documented impacts on the groundwater within the basin or
subbasin, including overdraft, subsidence, saline intrusion, and
other water quality degradation.
(8) Any other information determined to be relevant by the
department, including adverse impacts on local habitat and local
streamflows.
(c) If the department determines that all or part of a basin or
subbasin is not being monitored pursuant to this part, the department
shall do all of the following:
(1) Attempt to contact all well owners within the area not being
monitored.
(2) Determine if there is an interest in establishing any of the
following:
(A) A groundwater sustainability plan pursuant to Part 2.74
(commencing with Section 10720).
(B) A groundwater management plan pursuant to Part 2.75
(commencing with Section 10750).
(C) An integrated regional water management plan pursuant to Part
2.2 (commencing with Section 10530) that includes a groundwater
management component that complies with the requirements of Section
10753.7.
(D) A voluntary groundwater monitoring association pursuant to
Section 10935.
(d) If the department determines that there is sufficient interest
in establishing a plan or association described in paragraph (2) of
subdivision (c), or if the county agrees to perform the groundwater
monitoring functions in accordance with this part, the department
shall work cooperatively with the interested parties to comply with
the requirements of this part within two years.
(e) If the department determines, with regard to a basin or
subbasin, that there is insufficient interest in establishing a plan
or association described in paragraph (2) of subdivision (c), and if
the county decides not to perform the groundwater monitoring and
reporting functions of this part, the department shall do all of the
following:
(1) Identify any existing monitoring wells that overlie the basin
or subbasin that are owned or operated by the department or any other
state or federal agency.
(2) Determine whether the monitoring wells identified pursuant to
paragraph (1) provide sufficient information to demonstrate seasonal
and long-term trends in groundwater elevations.
(3) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide sufficient information
to demonstrate seasonal and long-term trends in groundwater
elevations, the department shall not perform groundwater monitoring
functions pursuant to Section 10933.5.
(4) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide insufficient information
to demonstrate seasonal and long-term trends in groundwater
elevations, the department shall perform groundwater monitoring
functions pursuant to Section 10933.5.
