Bill Text: CA SB1317 | 2015-2016 | Regular Session | Amended
Bill Title: Groundwater extraction permit.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB1317 Detail]
Download: California-2015-SB1317-Amended.html
BILL NUMBER: SB 1317 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 20, 2016
AMENDED IN SENATE MAY 27, 2016
AMENDED IN SENATE MAY 10, 2016
AMENDED IN SENATE APRIL 26, 2016
INTRODUCED BY Senator Wolk
FEBRUARY 19, 2016
An act to add Article 2.10 (commencing with Section 65891) to
Chapter 4 of Division 1 of Title 7 of the Government Code, relating
to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1317, as amended, Wolk. Groundwater extraction permit.
The California Constitution requires the reasonable and beneficial
use of water and that the conservation of the water resources of the
state is to be exercised with a view to the reasonable and
beneficial use of the water in the interest of the people and for the
public welfare. Existing law, the Sustainable Groundwater Management
Act, requires all groundwater basins designated as high- or
medium-priority basins by the Department of Water Resources and
designated as subject to critical conditions of overdraft to be
managed under a groundwater sustainability plan or coordinated
groundwater sustainability plans by January 31, 2020, and requires
all other groundwater basins designated as high- or medium-priority
basins to be managed under a groundwater sustainability plan or
coordinated groundwater sustainability plans by January 31, 2022,
except as specified.
This bill, by January 1, 2018, would require a city or county
overlying a basin designated as a high- or medium-priority basin to
establish a process for the issuance of a groundwater extraction
permit for the development of a groundwater extraction facility that
requires an applicant for a groundwater extraction permit to
demonstrate, based on substantial evidence, that extraction of
groundwater from a proposed groundwater extraction facility will not
contribute to or create an undesirable result, as prescribed. The
bill would prohibit a groundwater extraction facility in a high- or
medium-priority basin from being developed without a valid
groundwater extraction permit, with certain exceptions. The bill
would not require a city or county overlying a medium- or
high-priority basin to have a process for the issuance of a
groundwater extraction permit for the development of a groundwater
extraction facility on or after January 31, 2022, or once the
department has evaluated a groundwater sustainability plan for the
basin the city or county overlies and determined the plan to be
adequate and likely to achieve the sustainability goal for the basin,
whichever comes first. By increasing the duties of cities and
counties, 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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2.10 (commencing with Section 65891) is added
to Chapter 4 of Division 1 of Title 7 of the Government Code, to
read:
Article 2.10. Aquifer Protection
65891. The Legislature finds and declares as follows:
(a) Groundwater provides substantial water supplies for many farms
and communities across the state, particularly in drier years. While
in some parts of the state groundwater is very well managed, in
other parts there has been substantial groundwater overdraft.
(b) During California's record drought, there has been a
substantial increase in the extraction of groundwater resulting in
impacts to aquifers.
(c) In 2014, California adopted landmark legislation, the
Sustainable Groundwater Management Act (Part 2.74 (commencing with
Section 10720) of Division 6 of the Water Code), to sustainably
manage groundwater resources. The act will not be fully implemented
for many years, allowing groundwater overdraft to continue in some
regions.
(d) Despite the drought, there has been a substantial and dramatic
increase in conversion of existing pastureland and nonirrigated
lands to new permanent crops irrigated by new deep groundwater wells.
In many parts of the central valley, these new orchards and
groundwater wells have caused or contributed to existing groundwater
wells drying up. These new groundwater wells exacerbate overdraft in
some regions of the state and have harmed and will continue to harm
groundwater supplies for existing farms and rural communities and the
long-term viability of aquifers.
(e) A number of new developments also rely on individual new
wells, further stressing overdrafted groundwater basins.
(f) The number of new wells supplying significant new demands for
groundwater has resulted in alarming subsidence in many areas of
California. Subsidence threatens statewide resources and
infrastructure such as roads, highways, and aqueducts. Importantly,
subsidence may also cause permanent damage to aquifers, threatening
groundwater resources for future generations.
(g) The lack of protection for aquifers, existing groundwater
users, and important infrastructure from the explosive increase in
new wells is an issue of statewide importance and requires statewide
regulation to avoid undesirable results to groundwater and statewide
resources while local communities are working to comply with the
provisions of the Sustainable Groundwater Management Act. Preventing
undesirable results in a high- or medium-priority basin pursuant to
this article and in furtherance of Section 113 of the Water Code is a
matter of statewide concern and not a municipal affair, as that term
is used in Section 5 of Article XI of the California Constitution.
Therefore, this act applies to charter cities.
(h) This act is in furtherance of the policy contained in Section
2 of Article X of the California Constitution.
65891.1. As used in this article:
(a) "Basin" has the meaning provided in Section 10721 of the Water
Code.
(b) "Board" means the State Water Resources Control Board.
(c) "Bulletin 118" has the meaning provided in Section 10721 of
the Water Code.
(d) "De minimis extractor" has the meaning provided in Section
10721 of the Water Code.
(e) "Department" means the Department of Water Resources.
(f) "Disadvantaged unincorporated community" has the meaning
provided in Section 56033.5.
(g) "Groundwater" has the meaning provided in Section 10721 of the
Water Code.
(h) "Groundwater extraction facility" has the meaning provided in
Section 10721 of the Water Code.
(i) "Groundwater sustainability plan" has the meaning provided in
Section 10721 of the Water Code.
(j) "High-priority basin," "medium-priority basin," "low-priority
basin," and "very low priority basin" have the same meaning as the
categorization of a basin by the department pursuant to Section
10722.4 of the Water Code.
(k) "Primary drinking water standards" has the meaning provided in
Section 116275 of the Health and Safety Code.
(l) "Probationary basin" has the meaning provided in Section 10735
of the Water Code.
(m) "Special act water district" means an agency created by
statute to manage groundwater that is the exclusive local agency
within its statutory boundaries with powers to comply with Part 2.74
(commencing with Section 10720) of Division 6 of the Water Code as
described in paragraph (1) of subdivision (c) of Section 10723 of the
Water Code.
(n) "Undesirable result" has the meaning provided in Section 10721
of the Water Code.
65891.2. (a) A city or county overlying a basin designated as a
high- or medium-priority basin shall do both of the following:
(1) By January 1, 2018, establish a process for the issuance of a
groundwater extraction permit for the development of a groundwater
extraction facility that requires an applicant for a groundwater
extraction permit to demonstrate, based on substantial evidence, that
extraction of groundwater from a proposed groundwater extraction
facility will not contribute to or create an undesirable result.
(2) Prohibit the issuance of a groundwater extraction permit for a
new groundwater extraction facility in either of the following:
(A) A probationary basin, except if the board determines that part
of a probationary basin is being adequately managed, in which case
the prohibition on the issuance of a groundwater extraction permit
for a new groundwater extraction facility shall apply only to those
portions of the probationary basin not adequately managed as
determined by the board.
(B) A basin designated in Bulletin 118 as a basin subject to
critical conditions of overdraft.
(b) A groundwater extraction permit for the development of a
groundwater extraction facility shall not be required for any of the
following:
(1) A de minimis extractor.
(2) The replacement of an existing groundwater extraction facility
with a new groundwater extraction facility with the same or a lessor
extraction capacity. For the purposes of this article, replacement
includes the deepening of a groundwater extraction facility.
(3) A groundwater extraction facility constructed to provide
drinking water to a water system for the purposes of public health.
(4) A groundwater extraction facility necessary for habitat or
wetlands conservation.
(5) A groundwater extraction facility necessary for a
renewable energy project such as utility scale solar.
for a photovoltaic or wind energy generation facility appro
ved on or after January 1, 2017, that demands less than 75
acre-feet of groundwater annually.
(6) A groundwater extraction facility integral to a groundwater
conjunctive use or storage program operating under an approved
California Environmental Quality Act document.
(c) A city or county overlying a basin designated as a low- or
very low priority basin may adopt an ordinance establishing a process
for the issuance of groundwater extraction permits for the
development of a groundwater extraction facility in accordance with
this section.
(d) A groundwater extraction facility in a high- or
medium-priority basin shall not be developed without a valid
groundwater extraction permit issued pursuant to this section.
65891.3. (a) A city or county shall review an application for a
groundwater extraction facility pursuant to the timelines established
in the Permit Streamlining Act (Chapter 4.5 (commencing with Section
65920)).
(b) A fee charged by a city or county to review an application for
a groundwater extraction facility shall be determined in accordance
with Sections 66014 and 66016.
65891.4. This article does not require a city or county to
establish a new process for the issuance of a groundwater extraction
permit for the development of a groundwater extraction facility if
the city or county has in effect an ordinance adopted before January
1, 2018, that imposes conditions on the development of a new
groundwater extraction facility in order to prevent the new
groundwater extraction facility from contributing to or creating an
undesirable result.
65891.5. This article does not require a city or county overlying
a medium- or high-priority basin to have a process for the issuance
of a groundwater extraction permit for the development of a
groundwater extraction facility on or after January 31, 2022, or once
the department has evaluated a groundwater sustainability plan for
the basin the city or county overlies and determined the plan to be
adequate and likely to achieve the sustainability goal for the basin,
whichever comes first.
65891.6. (a) This article does not apply to a basin for which a
court or the State Water Resources Control Board has adjudicated the
rights to extract groundwater.
(b) This article does not apply within the statutory
boundaries of to a basin, or any portion of a basin,
managed by a special act water district.
district identified in paragraph (1) of subdi vision
(c) of Section 10723 of the Water Code.
(c) The Legislature finds and declares that the County of Napa's
groundwater conservation ordinance, Napa County Code Chapter 13.15,
in conjunction with its water availability analysis policy adopted in
May 2015, satisfies the purposes of the requirement in Section
65891.4. Accordingly, this article does not apply to a basin managed
by the County of Napa if both the county's groundwater conservation
ordinance and its water availability analysis policy remain in effect
in substantially the same form as they existed on January 1, 2016.
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.
