Bill Text: CA SB1319 | 2013-2014 | Regular Session | Chaptered
Bill Title: Groundwater.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-09-16 - Chaptered by Secretary of State. Chapter 348, Statutes of 2014. [SB1319 Detail]
Download: California-2013-SB1319-Chaptered.html
BILL NUMBER: SB 1319 CHAPTERED
BILL TEXT
CHAPTER 348
FILED WITH SECRETARY OF STATE SEPTEMBER 16, 2014
APPROVED BY GOVERNOR SEPTEMBER 16, 2014
PASSED THE SENATE AUGUST 29, 2014
PASSED THE ASSEMBLY AUGUST 29, 2014
AMENDED IN ASSEMBLY AUGUST 29, 2014
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY AUGUST 19, 2014
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JULY 1, 2014
AMENDED IN ASSEMBLY JUNE 18, 2014
AMENDED IN ASSEMBLY JUNE 9, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE MAY 6, 2014
AMENDED IN SENATE APRIL 21, 2014
AMENDED IN SENATE APRIL 2, 2014
INTRODUCED BY Senator Pavley
(Coauthor: Assembly Member Nestande)
FEBRUARY 21, 2014
An act to amend Sections 10735.2 and 10735.8 of the Water Code
relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
SB 1319, Pavley. Groundwater.
Existing law authorizes local agencies to adopt and implement a
groundwater management plan. Existing law requires a groundwater
management plan to contain specified components and requires a local
agency seeking state funds administered by the Department of Water
Resources for groundwater projects or groundwater quality projects to
do certain things, including, but not limited to, preparing and
implementing a groundwater management plan that includes basin
management objectives for the groundwater basin.
AB 1739 of the 2013-14 Regular Session, if enacted, would
authorize the state board to designate a basin as a probationary
basin, if the state board makes a certain determination. If the state
board finds that litigation challenging the formation of a
groundwater sustainability agency prevented a groundwater
sustainability program from being implemented pursuant to one of the
determinations, AB 1739 would prohibit the state board from
designating a basin as a probationary basin for a specified time
period.
SB 1168 of the 2013-14 Regular Session, if enacted, would require
the department to categorize each basin as high-, medium-, low- or
very low priority.
This bill would additionally authorize the state board to
designate certain high- and medium-priority basins as a probationary
basin if, after January 31, 2025, prescribed criteria are met,
including that the state board determines that the basin is in a
condition where groundwater extractions result in significant
depletions of interconnected surface waters. This bill would add to
the prescribed determinations that would prevent the state board from
designating the basin as a probationary basin for a specified time
period. This bill would require the state board to exclude from
probationary status any portion of a basin for which a groundwater
sustainability agency demonstrates compliance with the sustainability
goal.
AB 1739 would authorize the state board to develop an interim plan
for a probationary basin if the state board, in consultation with
the Department of Water Resources, determines that a local agency has
not remedied a deficiency that resulted in designating the basin as
a probationary basin within a certain timeframe. AB 1739 would
authorize the board to adopt an interim plan for a probationary basin
after notice and a public hearing and would require state entities
to comply with an interim plan. AB 1739 would authorize the board to
rely on, or incorporate elements of, a groundwater sustainability
plan, groundwater sustainability program, or adjudication into the
interim plan adopted by the board or allow local agencies to continue
implementing those parts of a plan or program that the board
determines are adequate.
This bill would remove the authority of the local agencies to
continue to implement parts of the plan or program that the board
determines to be adequate and instead require the state board to
include in its interim plan a groundwater sustainability plan, or any
element of a plan, that the board finds either complies with the
sustainability goal for that portion of the basin or would help meet
the sustainability goal for the basin. The bill would prohibit the
state board, before January 1, 2025, from establishing an interim
plan under the bill to remedy a condition where groundwater
extractions result in significant depletions of interconnected
surface waters.
This bill would make its operation contingent on the enactment of
AB 1739 and SB 1168 of the 2013-14 Regular Session.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10735.2 of the Water Code, as added by Assembly
Bill 1739 of the 2013-14 Regular Session, is amended to read:
10735.2. (a) The board, after notice and a public hearing, may
designate a 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 elected to be 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 (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. 2. Section 10735.8 of the Water Code, as added by Assembly
Bill 1739 of the 2013-14 Regular Session, is amended to read:
10735.8. (a) The board, after notice and a public hearing, may
adopt an interim plan for a probationary basin.
(b) The interim plan shall include all of the following:
(1) Identification of the actions that are necessary to correct a
condition of long-term overdraft or a condition where groundwater
extractions result in significant depletions of interconnected
surface waters, including recommendations for appropriate action by
any person.
(2) A time schedule for the actions to be taken.
(3) A description of the monitoring to be undertaken to determine
effectiveness of the plan.
(c) The interim plan may include the following:
(1) Restrictions on groundwater extraction.
(2) A physical solution.
(3) Principles and guidelines for the administration of rights to
surface waters that are connected to the basin.
(d) Except as provided in subdivision (e), the interim plan shall
be consistent with water right priorities, subject to Section 2 of
Article X of the California Constitution.
(e) The board shall include in its interim plan a groundwater
sustainability plan, or any element of a plan, that the board finds
complies with the sustainability goal for that portion of the basin
or would help meet the sustainability goal for the basin. Where, in
the judgment of the board, an adjudication action can be relied on as
part of the interim plan, either throughout the basin or in an area
within the basin, the board may rely on, or incorporate elements of,
that adjudication into the interim plan adopted by the board.
(f) In carrying out activities that may affect the probationary
basin, state entities shall comply with an interim plan adopted by
the board pursuant to this section unless otherwise directed or
authorized by statute and the state entity shall indicate to the
board in writing the authority for not complying with the interim
plan.
(g) (1) After the board adopts an interim plan under this section,
the board shall determine if a groundwater sustainability plan or an
adjudication action is adequate to eliminate the condition of
long-term overdraft or condition where groundwater extractions result
in significant depletions of interconnected surface waters, upon
petition of either of the following:
(A) A groundwater sustainability agency that has adopted a
groundwater sustainability plan for the probationary basin or a
portion thereof.
(B) A person authorized to file the petition by a judicial order
or decree entered in an adjudication action in the probationary
basin.
(2) The board shall act on a petition filed pursuant to paragraph
(1) within 90 days after the petition is complete. If the board, in
consultation with the department, determines that the groundwater
sustainability plan or adjudication action is adequate, the board
shall rescind the interim plan adopted by the board for the
probationary basin, except as provided in paragraphs (3) and (4).
(3) Upon request of the petitioner, the board may amend an interim
plan adopted under this section to eliminate portions of the interim
plan, while allowing other portions of the interim plan to continue
in effect.
(4) The board may decline to rescind an interim plan adopted
pursuant to this section if the board determines that the petitioner
has not provided adequate assurances that the groundwater
sustainability plan or judicial order or decree will be implemented.
(5) This subdivision is not a limitation on the authority of the
board to stay its proceedings under this section or to rescind or
amend an interim plan adopted pursuant to this section based on the
progress made by a groundwater sustainability agency or in an
adjudication action, even if the board cannot make a determination of
adequacy in accordance with paragraph (1).
(h) Before January 1, 2025, the state board shall not establish an
interim plan under this section to remedy a condition where the
groundwater extractions result in significant depletions of
interconnected surface waters.
(i) The board's authority to adopt an interim plan under this
section does not alter the law establishing water rights priorities
or any other authority of the board.
SEC. 3. This act shall only become operative if both Assembly Bill
1739 and Senate Bill 1168 of the 2013-14 Regular Session are enacted
and become effective.
