Bill Text: CA SB736 | 2009-2010 | Regular Session | Introduced

California Senate Bill 736 (Prior Session Legislation)

Introduced

Bill Title: Water consumption fee.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB736 Detail]

Download: California-2009-SB736-Introduced.html

BILL NUMBER: SB 736	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 27, 2009

   An act to add Part 5.2 (commencing with Section 5200) to Division
2 of the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 736, as introduced, Pavley. Water consumption fee.
   Existing law requires a person who files a specified application,
registration, petition, or request relating to water use to pay
certain fees imposed by the State Water Resources Control Board, in
accordance with a prescribed fee schedule.
   Existing law requires certain persons who extract groundwater in
excess of a specified amount to file an annual notice of extraction
with the state board.
   This bill, with specified exceptions, beginning on an unspecified
date, would impose, on a person diverting or extracting more than an
unspecified amount of water, a water resource consumption fee in an
unspecified dollar amount per acre-foot of water diverted or
extracted. The fees would be deposited in the Water Resources
Consumption Fund, which the bill would create, the proceeds of which
would be available, subject to appropriation, for unspecified
purposes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to enact
legislation imposing a fee to fund water projects and programs that
would mitigate the impact of surface water diversions and groundwater
extractions and that would reduce the demand for additional
diversions and extractions.
  SEC. 2.  Part 5.2 (commencing with Section 5200) is added to
Division 2 of the Water Code, to read:

      PART 5.2.  Water Consumption Fee


      CHAPTER 1.  SHORT TITLE


   5200.  This part shall be known and may be cited as the ____.
      CHAPTER 2.  DECLARATION OF POLICY


   5205.  The Legislature hereby finds and declares that it is
necessary to establish a sustainable funding source for water
resource projects and programs that benefit all water users.
      CHAPTER 3.  DEFINITIONS


   5210.  Unless the context otherwise requires, the provisions of
this chapter govern the construction of this part.
   5211.  As used in this part, the following terms have the
following meanings:
   (a) "Diversion" or "diverting" means ____.
   (b) "Extraction" or "extracting" means ____.
   (c) "Fund" means the Water Resources Consumption Fund created by
Section 5240.
   (d) "Groundwater bank" or "bank" means ____.
      CHAPTER 4.  FEE SCHEDULE


   5220.  (a) Unless expressly exempted by this chapter, the fees
imposed by this part apply to all persons diverting or extracting
water, regardless of the type of water right, the status of that
right, or method of diversion or extraction.
   (b) The fees imposed by this part are in addition to any other fee
or charge that may be imposed by the state, local groundwater
management agency, court order, or other legally enforceable charge
on water diversions or extractions.
   5221.  Beginning ____, except as exempted by this chapter, a
person diverting or extracting more than ____ of water, shall be
subject to a water resource consumption fee of ____ dollars ($____)
per acre-foot of water diverted or extracted.
   (a) The fee shall be due and payable to the ____ by ____, and
shall be imposed on all water diverted or extracted during ____.
   (b) The fee shall be adjusted for inflation by ____ every ____
years.
   5222.  The fee does not apply to any of the following:
   (a) Extractions of water previously deposited in a groundwater
bank, if the operator of the groundwater bank has complied with
Section 5232.
   (b) ____.
      CHAPTER 5.  ADMINISTRATION


   5230.  The ____ shall collect the fee as required by this part and
shall deposit the proceeds in the fund.
   5231.  The ____ shall promulgate regulations governing the
collection and administration of the fee it determines to be
necessary.
   5232.  In order for an extraction of water previously deposited in
a groundwater bank to be eligible for the fee exemption established
in subdivision (a) of Section 5222, the operator of the groundwater
bank shall comply with the following:
   (a) Register the bank with the ____.
   (b) Provide the ____ with the following information:
   (1) ____.
   (2) ____.
   5233.  The ____ may impose penalties as follows:
   (a) ____.
   (b) ____.
      CHAPTER 6.  WATER RESOURCES CONSUMPTION FUND


   5240.  There is in the State Treasury a Water Resources
Consumption Fund, which is hereby created.
   5241.  All of the following shall be deposited in the fund:
   (a) Proceeds of the fees imposed pursuant to Chapter 4 (commencing
with Section 5220).
   (b) Proceeds of any penalties that may be assessed pursuant to
Section 5233.
   5242.  Money in the fund is available for expenditure, upon
appropriation by the Legislature, for the following purposes:
   (a) ____.
   (b) ____.
      CHAPTER 7.  SOVEREIGN IMMUNITY


   5250.  ____.