Bill Text: CA SB487 | 2015-2016 | Regular Session | Introduced

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Bill Title: Sustainable Groundwater Management Act: California

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB487 Detail]

Download: California-2015-SB487-Introduced.html

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BILL NUMBER: SB 487	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Nielsen
   (Coauthor: Senator Fuller)

                        FEBRUARY 26, 2015

   An act to amend Section 10728.6 of, and to add Section 17024.1 to,
the Water Code, relating to groundwater management.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 487, as introduced, Nielsen. Sustainable Groundwater Management
Act: California Environmental Quality Act: exemptions.
   The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report (EIR) on a project
that it proposes to carry out or approve that may have a significant
effect on the environment or to adopt a negative declaration if it
finds that the project will not have that effect. CEQA exempts
specified projects from its requirements.
   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 local agency or combination of local
agencies overlying a groundwater basin to elect to become a
groundwater sustainability agency for that basin and authorizes that
groundwater sustainability agency to adopt, implement, and enforce a
groundwater sustainability plan or coordinated groundwater
sustainability plans. The act exempts the preparation and adoption of
a groundwater sustainability plan or coordinated groundwater
sustainability plan from the provisions of CEQA, but does not exempt
a project that would implement actions taken pursuant to the plan.
   This bill would additionally exempt from the requirements of CEQA
the formation of a groundwater sustainability agency, the amendment
of a groundwater sustainability plan or coordinated groundwater
sustainability plan, and the implementation of those plans, except to
the extent that the implementation requires the construction or
installation of a new facility. Because a lead agency would be
required to determine the applicability of this exemption, 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.  Section 10724.1 is added to the Water Code, to read:
   10724.1.  Division 13 (commencing with Section 21000) of the
Public Resources Code does not apply to the formation of a
groundwater sustainability agency pursuant to this chapter.
  SEC. 2.  Section 10728.6 of the Water Code is amended to read:
   10728.6.  Division 13 (commencing with Section 21000) of the
Public Resources Code does not apply to  the preparation
  either of the following: 
    (a)     The preparation, adoption, 
and  adoption   amendment  of 
plans  a plan or coordinated plan  pursuant to this
chapter.  Nothing in this part shall be interpreted as
exempting from Division 13 (commencing with Section 21000) of the
Public Resources Code a project that would implement actions taken
pursuant to a plan adopted pursuant to this chapter.  
   (b) A project that implements a plan or coordinated plan, except
to the extent that the implementation requires the construction or
installation of a new facility. 
  SEC. 3.  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.