AB 939: Groundwater sustainability agencies.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-09
Existing law requires the Department of Water Resources to identify the extent of monitoring of groundwater elevations that is being undertaken within each groundwater basin or subbasin and to prioritize basins or subbasins as high, medium, low, or very low priority, and requires the initial priority for each basin to be established no later than January 31, 2015. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the department 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 requires a local agency, any time the department changes these basin priorities and elevates a basin to a medium- or high-priority basin after January 31, 2015, to either establish a groundwater sustainability agency within 2 years of reprioritization and adopt a groundwater sustainability plan within 5 years of reprioritization, or to submit an alternative to the department that the local agency believes satisfies the objectives of these provisions within 2 years of reprioritization.
This bill would impose the requirement to establish a groundwater sustainability agency or submit an alternative after reprioritization on a local agency or combination of local agencies overlying a groundwater basin.
The act authorizes a groundwater sustainability agency to impose fees to fund the costs of a groundwater sustainability program and requires a groundwater sustainability agency to hold at least one public meeting prior to imposing or increasing a fee. The act requires, at least 10 days prior to the meeting, a groundwater sustainability agency to make available to the public data upon which the proposed fee is based.
This bill would require a groundwater sustainability agency to make the data upon which the proposed fee is based available 20 days prior to the public meeting to impose or increase a fee.
This bill would incorporate changes to Section 10722.4 of the Water Code proposed by both this bill and SB 13, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
Existing law requires the Department of Water Resources to identify the extent of monitoring of groundwater elevations that is being undertaken within each groundwater basin or subbasin and to prioritize basins or subbasins as high, medium, low, or very low priority, and requires the initial priority for each basin to be established no later than January 31, 2015. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the department 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 requires a local agency, any time the department changes these basin priorities and elevates a basin to a medium- or high-priority basin after January 31, 2015, to either establish a groundwater sustainability agency within 2 years of reprioritization and adopt a groundwater sustainability plan within 5 years of reprioritization, or to submit an alternative to the department that the local agency believes satisfies the objectives of these provisions within 2 years of reprioritization.
This bill would impose the requirement to establish a groundwater sustainability agency or submit an alternative after reprioritization on a local agency or combination of local agencies overlying a groundwater basin.
The act authorizes a groundwater sustainability agency to impose fees to fund the costs of a groundwater sustainability program and requires a groundwater sustainability agency to hold at least one public meeting prior to imposing or increasing a fee. The act requires, at least 10 days prior to the meeting, a groundwater sustainability agency to make available to the public data upon which the proposed fee is based.
This bill would require a groundwater sustainability agency to make the data upon which the proposed fee is based available 20 days prior to the public meeting to impose or increase a fee.
This bill would incorporate changes to Section 10722.4 of the Water Code proposed by both this bill and SB 13, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
Existing law requires the Department of Water Resources to identify the extent of monitoring of groundwater elevations that is being undertaken within each groundwater basin or subbasin and to prioritize basins or subbasins as high, medium, low, or very low priority, and requires the initial priority for each basin to be established no later than January 31, 2015. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the department 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 requires a local agency, any time the department changes these basin priorities and elevates a basin to a medium- or high-priority basin after January 31, 2015, to either establish a groundwater sustainability agency within 2 years of reprioritization and adopt a groundwater sustainability plan within 5 years of reprioritization, or to submit an alternative to the department that the local agency believes satisfies the objectives of these provisions within 2 years of reprioritization.
This bill would impose the requirement to establish a groundwater sustainability agency or submit an alternative after reprioritization on a local agency or combination of local agencies overlying a groundwater basin.
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
The act authorizes a groundwater sustainability agency to impose fees to fund the costs of a groundwater sustainability program and requires a groundwater sustainability agency to hold at least one public meeting prior to imposing or increasing a fee. The act requires, at least 10 days prior to the meeting, a groundwater sustainability agency to make available to the public data upon which the proposed fee is based.
This bill would require a groundwater sustainability agency to make the data upon which the proposed fee is based available 20 days prior to the public meeting to impose or increase a fee.
This bill would incorporate changes to Section 10722.4 of the Water Code proposed by both this bill and SB 13, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
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 a groundwater sustainability agency to impose fees to fund the costs of a groundwater sustainability program and requires a groundwater sustainability agency to hold at least one public meeting prior to imposing or increasing a fee. The act requires, at least 10 days prior to the meeting, a groundwater sustainability agency to make available to the public data upon which the proposed fee is based.
This bill would require a groundwater sustainability agency to make the data upon which the proposed fee is based available 20 days prior to the public meeting to impose or increase a fee.
(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)Any time the department changes the basin priorities pursuant to Section 10933, if a basin is elevated to a medium- or high-priority basin after January 31, 2015, a local agency, or combination of local agencies overlying a groundwater basin, shall have two years from the date of reprioritization to either establish a groundwater sustainability agency pursuant to Chapter 4 (commencing with Section 10723) and five years from the date of reprioritization to adopt a groundwater sustainability plan pursuant to Chapter 6 (commencing with Section 10727) or two years to satisfy the requirements of Section 10733.6.
SEC. 1.5.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, or combination of local agencies overlying a groundwater basin, 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. 2.Section 10730 of the Water Code is amended to read: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 20 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.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 10722.4 of the Water Code proposed by both this bill and Senate Bill 13. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 10722.4 of the Water Code, and (3) this bill is enacted after Senate Bill 13, in which case Section 1 of this bill shall not become operative.
(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)Any time the department changes the basin priorities pursuant to Section 10933, if a basin is elevated to a medium- or high-priority basin after January 31, 2015, a local agency, or combination of local agencies overlying a groundwater basin, shall have two years from the date of reprioritization to either establish a groundwater sustainability agency pursuant to Chapter 4 (commencing with Section 10723) and five years from the date of reprioritization to adopt a groundwater sustainability plan pursuant to Chapter 6 (commencing with Section 10727) or two years to satisfy the requirements of Section 10733.6.
SEC. 1.5.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, or combination of local agencies overlying a groundwater basin, 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. 2.Section 10730 of the Water Code is amended to read: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 20 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.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 10722.4 of the Water Code proposed by both this bill and Senate Bill 13. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 10722.4 of the Water Code, and (3) this bill is enacted after Senate Bill 13, in which case Section 1 of this bill shall not become operative.
(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)Any time the department changes the basin priorities pursuant to Section 10933, if a basin is elevated to a medium- or high-priority basin after January 31, 2015, a local agency agency, or combination of local agencies overlying a groundwater basin, shall have two years from the date of reprioritization to either establish a groundwater sustainability agency pursuant to Chapter 4 (commencing with Section 10723) and five years from the date of reprioritization to adopt a groundwater sustainability plan pursuant to Chapter 6 (commencing with Section 10727) or two years to satisfy the requirements of Section 10733.6.
SEC. 1.5.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)Any time the department changes the basin priorities pursuant to Section 10933, if a basin is elevated to a medium- or high-priority basin after January 31, 2015, 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) and five years from the date of reprioritization to adopt a groundwater sustainability plan pursuant to Chapter 6 (commencing with Section 10727) or two years to satisfy the requirements of Section 10733.6.
(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, or combination of local agencies overlying a groundwater basin, 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.
SECTION 1.SEC. 2.Section 10730 of the Water Code is amended to read: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 20 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.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 10722.4 of the Water Code proposed by both this bill and Senate Bill 13. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 10722.4 of the Water Code, and (3) this bill is enacted after Senate Bill 13, in which case Section 1 of this bill shall not become operative.
(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 20 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.
|
Date
|
Status
|
|---|---|
| Jul 16, 2015 | Read second time. Ordered to third reading. |
| Oct 9, 2015 | Chaptered by Secretary of State - Chapter 667, Statutes of 2015. |
| Oct 9, 2015 | Approved by the Governor. |
| Sep 10, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 1, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.). |
| Sep 1, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2748.). |
| Sep 1, 2015 | Assembly Rule 77 suspended. (Page 2729.) |
| Sep 1, 2015 | Assembly Rule 77 suspended. |
| Aug 31, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2310.). |
| Aug 31, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Aug 31, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77. |
| Aug 26, 2015 | Ordered to special consent calendar. |
| Feb 26, 2015 | Read first time. To print. |
| Jul 15, 2015 | From committee: Do pass. (Ayes 9. Noes 0.) (July 14). |
| Jul 8, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Jun 15, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| May 7, 2015 | Referred to Com. on N.R. & W. |
| Apr 20, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1016.) |
| Apr 20, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 15, 2015 | Read second time. Ordered to consent calendar. |
| Apr 14, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 14). |
| Apr 14, 2015 | From committee: Do pass. Ordered to Consent Calendar. (Ayes 15. Noes 0.) (April 14). |
| Mar 16, 2015 | Referred to Com. on W., P., & W. |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 1, 2015 | AB 939 SALAS Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 31, 2015 | Special Consent #8 AB939 Salas | Senate Floor |
Passed |
|
| Jul 14, 2015 | Do pass | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| Apr 20, 2015 | AB 939 SALAS Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 14, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Aaron Read & Associates | * Support | Jun 20, 2018 |
| Patterson | * Indeterminate | Jul 14, 2015 |
| Taxicab Paratransit Association Of California | * Support | Jun 20, 2018 |
AB 939
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 939
(Salas)
As Amended July 8, 2015
Majority vote
ASSEMBLY: |
80-0 |
(April 20, 2015) |
SENATE: |
40-0 |
(August 31, 2015) |
Original Committee Reference: W., P., & W.
SUMMARY: Clarifies deadlines under the Sustainable Groundwater Management Act (SGMA) for a Groundwater Sustainability Agency (GSA) to develop a Groundwater Sustainability Plan (GSP) in those cases where a groundwater basin is reprioritized by the Department of Water Resources (DWR) from low or very low to high or medium priority. Extends, from 10 days to 20 days, the review period during which data used for setting fees under SGMA is publicly available.
The Senate amendments allow that if a groundwater basin is reprioritized to medium or high before January 31, 2017, and thus becomes subject to SGMA, and it is not in a critical condition of overdraft then a GSA shall have until January 31, 2022, to develop and implement a GSP. The Senate amendments also add chaptering language.
EXISTING LAW:
Requires DWR to evaluate groundwater basins and designate them as high, medium, low or very low, according to various factors including, but not limited to, level of dependence upon the basin by municipal and agricultural users.
Requires that local agencies in high- and medium-priority groundwater basins subject to SGMA form one or more GSAs by June 30, 2017, in order to develop and implement GSPs to sustainably manage the groundwater basin or subbasin, as defined.
Requires that GSAs in basins with chronic overdraft develop and adopt GSPs for their groundwater basin or subbasin by January 31, 2020.
Requires that GSAs in all other high- and medium-priority groundwater basins subject to SGMA develop and adopt GSPs by January 31, 2022.
Allows a local agency to submit a groundwater management plan developed before SGMA took effect on January 1, 2015, or a groundwater adjudication that is completed after January 1, 2015, to DWR by January 1, 2017, for a determination as to whether it meets SGMA objectives and is therefore functionally equivalent under SGMA to a GSP. If so, the local agency is not required to adopt a SGMA GSP.
Requires that adopted GSPs utilize a 50-year planning horizon that will achieve sustainability in a basin or subbasin within 20 years and include identified milestones at five year intervals.
Defines sustainable groundwater management in a GSP as avoiding undesirable results in the basin or subbasin from groundwater pumping such as significant and unreasonable: lowering of groundwater levels: reduction of groundwater storage; seawater intrusion; degraded water quality; land subsidence; and, depletions of interconnected surface waters.
Authorizes the State Water Board to declare a basin in probationary status and adopt an interim plan for the basin, subbasin, or portion of a basin or subbasin under three circumstances: there is no GSA or GSP by the relevant deadline or DWR deems a submitted GSP inadequate and the basin is either in chronic overdraft or groundwater pumping is causing a significant depletion of interconnected surface waters.
Allows the State Water Board, in an area that has no GSA by June 30, 2017, to require direct reporting of groundwater extractions and to charge fees to administer that program
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: In the Senate, the language from AB 938 (Salas) of the current legislative session, which made a technical non-substantive change to SGMA, was amended into this bill, which provided 10 more days than existing law to review technical information used by a GSA to set fees under SGMA. Both AB 938 and this bill, in its original form, passed out of the Assembly on consent.
The Senate amendments also provide that if a basin is reprioritized by DWR to medium- or high-priority and thus becomes subject to SGMA, and the basin is not in a critical condition of overdraft, then the GSA shall have until January 31, 2022, to develop and implement a GSP. This is the remainder of the deadline that applied to basins that were prioritized as medium and high by DWR as of January 31, 2015, and that were not in a critical condition of overdraft. In contrast, basins reprioritized to high and medium and subject to SGMA that are in a critical condition of overdraft, or all basins reprioritized to high and medium and subject to SGMA after January 31, 2017, will have five years from their date of reprioritization to develop and implement GSPs.
This bill also includes chaptering language to prevent a conflict with SB 13 (Pavley) of the current legislative session. Senator Pavley authored SB 1168 (Pavley), Chapter 346, Statutes of 2014, and SB 1319 (Pavley), Chapter 348, Statutes of 2014. SB 1168 and SB 1319, together with SB 1739 (Dickinson), Chapter 347, Statutes of 2014, are the three-bill package that formed SGMA and its related statutes. SB 13 is Senator Pavley's omnibus SGMA technical cleanup bill and contains identical language regarding the SGMA deadline for reprioritized basins that are not in a critical condition of overdraft.
Analysis Prepared by: Tina Leahy / W., P., & W. / (916) 319-2096 FN: 0001288
AB 939
Page 2
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 939
Amended: 7/8/15 in Senate
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 7/14/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk
ASSEMBLY FLOOR: 80-0, 4/20/15 (Consent) - See last page for vote
SUBJECT: Groundwater sustainability agencies
DIGEST: This bill makes minor changes to two sections of the Sustainable Groundwater Management Act (SGMA).
Existing law:
Establishes SGMA.
Defines the singular to include the plural, and the plural to include the singular.
This bill:
Makes two changes to SGMA:
Regarding what happens when a basin is upgraded to a high- or medium-priority basin in the future, this bill changes “agency” to “agency, or a combination of local agencies overlying a groundwater basin.”
Regarding how a groundwater sustainability agency establishes rates under SGMA and how soon the agency is required to make available to the public data upon which the proposed fee is based, this bill changes the time from “10 days” before the hearing to “20 days.”
Includes chaptering instructions should both this bill and SB 13 (Pavley) both become enacted.
Comments
Is this a spot bill? The author’s office asserts it is not.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
None received
OPPOSITION: (Verified 8/11/15)
None received
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by: Dennis O'Connor / N.R. & W. / (916) 651-4116
8/13/15 13:13:39
**** END ****
AB 939 (Salas) Page 2 of 2
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 939 Hearing Date: July 14, 2015
Author: |
Salas |
|
|
Version: |
July 8, 2015 Amended |
||
Urgency: |
No |
Fiscal: |
No |
Consultant: |
Dennis O'Connor |
||
Subject: Groundwater sustainability agencies.
BACKGROUND AND EXISTING LAW
Last session, the Legislature passed and the Governor signed SB 1168 (Pavley), SB 1319 (Pavley) and AB 1739 (Dickinson). Those three bills established the Sustainable Groundwater Management Act (SGMA), and made other related changes to the California Water Code. Together, those bills created a comprehensive program to achieve sustainable groundwater management in California.
Under the California Water Code, the singular includes the plural, and the plural includes the singular.
PROPOSED LAW
This bill would make two changes to SGMA:
Regarding what happens when a basin is upgraded to a high- or medium-priority basin in the future, this bill would change “agency” to “agency, or a combination of local agencies overlying a groundwater basin.”
Regarding how a groundwater sustainability agency establishes rates under SGMA and how soon the agency is required to make available to the public data upon which the proposed fee is based, this bill would change the time from “10 days” before the hearing to “20 days.”
This bill also includes chaptering instructions should both this bill and SB 13 (Pavley) both become enacted.
ARGUMENTS IN SUPPORT: None received
ARGUMENTS IN OPPOSITION: None received
COMMENTS
Is This A Spot Bill? The author’s office asserts it is not.
SUPPORT: None Received
OPPOSITION: None Received
-- END --
Discussed in Hearing
3MIN
Senate Standing Committee on Governance and Finance
1MIN
Assembly Floor
3MIN
Senate Standing Committee on Natural Resources and Water
Bill Author
Bill Co-Author(s):